As Introduced - First Substitute Bill (LSC # 0516-2)
| 128th General Assembly | | Regular Session | | 2009-2010 |
| |
A BILL
To amend sections 9.06, 107.21, 109.572, 118.05,
120.08, 120.52, 120.53, 121.04, 121.08, 121.083,
121.084, 121.40, 121.401, 121.402, 122.05,
122.051, 122.151, 122.17, 122.171, 122.40,
122.603, 123.01, 124.03, 124.04, 124.07, 124.11,
124.14, 124.15, 124.152, 124.18, 124.19, 124.23,
124.321, 124.324, 124.325, 124.34, 124.381,
124.392, 125.22, 126.05, 126.21, 126.24, 127.16,
131.33, 141.04, 145.012, 145.298, 149.43, 152.09,
152.10, 152.12, 152.15, 152.33,
173.08, 173.35,
173.392, 173.42, 173.50, 173.99,
174.02, 174.03,
174.06, 176.05, 307.626, 307.629,
319.301,
319.302, 319.54, 321.24, 323.156,
329.042,
329.06, 340.033, 718.04, 901.20, 901.43,
905.32,
905.33, 905.331, 905.36, 905.50, 905.51,
905.52,
905.56, 907.13, 907.14, 907.30, 907.31,
918.08,
918.28, 921.02, 921.06, 921.09, 921.11,
921.13,
921.16, 921.22, 921.27, 921.29, 923.44,
923.46,
926.99, 927.51, 927.52, 927.53, 927.56,
927.69,
927.70, 927.701, 927.71, 942.02, 943.01,
943.02,
943.04, 943.05, 943.06, 943.07, 943.13,
943.14,
953.23, 955.201, 1322.03, 1322.031,
1322.04,
1322.041, 1327.46, 1327.50, 1327.51,
1327.511,
1327.52, 1327.54, 1327.57, 1327.58,
1327.60,
1327.62, 1327.70, 1327.99, 1332.24,
1332.25,
1333.99, 1347.08, 1502.12, 1515.14,
1517.02,
1517.10, 1517.11, 1517.14, 1517.16,
1517.17,
1517.18, 1521.05, 1521.06, 1521.063,
1531.01,
1533.10, 1533.11, 1547.01, 1547.51,
1547.52,
1547.531, 1547.54, 1547.542, 1547.73,
1547.99,
1548.06, 1707.17, 1707.18, 1707.99,
1716.99,
1739.05, 1751.03, 1751.04, 1751.05,
1751.14,
1751.15, 1751.16, 1751.19, 1751.32,
1751.321,
1751.34, 1751.35, 1751.36, 1751.45,
1751.46,
1751.48, 1751.53, 1751.831, 1751.84,
1753.09,
2151.011, 2317.422, 2503.17, 2743.191, 2903.33,
2909.03, 2909.05, 2909.11, 2913.02, 2913.03,
2913.04, 2913.11, 2913.21, 2913.31, 2913.32,
2913.34, 2913.40, 2913.401, 2913.42, 2913.421,
2913.43, 2913.45, 2913.46, 2913.47, 2913.48,
2913.49, 2913.51, 2913.61, 2915.05, 2917.21,
2917.31, 2917.32, 2919.21, 2921.01, 2921.13,
2921.41, 2923.31, 2929.17, 2937.22, 2949.091,
2949.094, 2949.111, 2967.193, 2981.07, 2981.13,
3101.08, 3113.37, 3119.01, 3121.037, 3121.0311,
3121.19,
3121.20, 3121.898, 3123.952, 3125.25,
3301.07,
3301.073, 3301.079, 3301.0710,
3301.0711,
3301.0714, 3301.0716, 3301.0722,
3301.12, 3301.13,
3301.16, 3301.42, 3301.55,
3302.01, 3302.02,
3302.021, 3302.03, 3302.031,
3302.05, 3302.07,
3304.231, 3307.31, 3307.64,
3309.41, 3309.48,
3309.51, 3310.03, 3310.08,
3310.09, 3310.11,
3310.14, 3310.41, 3311.06,
3311.19, 3311.21,
3311.29, 3311.52, 3311.76,
3313.174, 3313.41,
3313.48, 3313.481, 3313.482,
3313.483, 3313.53,
3313.532, 3313.533, 3313.536,
3313.55, 3313.60,
3313.603, 3313.605, 3313.607,
3313.608, 3313.61,
3313.611, 3313.612, 3313.614,
3313.615, 3313.62,
3313.64, 3313.642, 3313.6410,
3313.65, 3313.673,
3313.68, 3313.713, 3313.976,
3313.98, 3313.981,
3314.012, 3314.014, 3314.015,
3314.016, 3314.02,
3314.021, 3314.024, 3314.03,
3314.051, 3314.08,
3314.083, 3314.084, 3314.087,
3314.091, 3314.10,
3314.19, 3314.21, 3314.25,
3314.26, 3314.35,
3314.36, 3315.17, 3315.37,
3316.041, 3316.06,
3316.20, 3317.01, 3317.02,
3317.021, 3317.022,
3317.023, 3317.024, 3317.025,
3317.0210,
3317.0211, 3317.0216, 3317.03,
3317.031, 3317.04,
3317.05, 3317.051, 3317.053,
3317.061, 3317.08,
3317.081, 3317.082, 3317.12,
3317.16, 3317.18,
3317.20, 3317.201, 3318.011,
3318.051, 3318.061,
3318.08, 3318.38, 3319.073,
3319.08, 3319.081,
3319.088, 3319.11, 3319.151,
3319.16, 3319.17, 3319.172,
3319.22, 3319.221,
3319.233, 3319.234, 3319.235,
3319.24, 3319.25,
3319.26, 3319.261, 3319.28,
3319.291, 3319.303,
3319.36, 3319.41, 3319.51,
3319.56, 3319.57,
3319.60, 3319.61, 3319.63,
3321.01, 3321.05,
3323.05, 3323.091, 3323.14,
3323.142, 3324.05,
3325.01, 3325.011, 3325.02,
3325.03, 3325.04,
3325.07, 3325.08, 3325.10,
3325.11, 3325.12,
3325.15, 3325.16, 3326.11,
3326.14, 3326.21,
3326.23, 3326.31, 3326.32,
3326.33, 3326.34,
3326.36, 3326.37, 3326.38,
3326.51, 3327.02,
3327.04, 3327.05, 3329.16,
3333.04, 3333.122,
3333.123, 3333.28, 3333.35,
3333.38, 3333.83,
3334.01, 3334.02, 3334.03,
3334.04, 3334.06,
3334.07, 3334.08, 3334.09,
3334.10, 3334.11,
3334.12, 3334.16, 3334.17,
3334.18, 3334.19,
3334.20, 3334.21, 3345.011, 3345.12, 3345.32,
3349.242, 3365.01, 3365.04, 3365.041,
3365.07,
3365.08, 3365.09, 3365.10, 3701.024,
3701.045,
3701.07, 3701.344, 3701.71, 3701.72,
3701.78,
3702.51, 3702.52, 3702.524, 3702.525,
3702.53,
3702.532, 3702.54, 3702.544, 3702.55,
3702.57,
3702.59, 3702.60, 3702.61, 3702.87,
3702.89,
3702.90, 3702.91, 3702.92, 3702.93,
3702.94,
3703.01, 3703.03, 3703.04, 3703.05,
3703.06,
3703.07, 3703.08, 3703.10, 3703.21,
3703.99,
3704.14, 3705.24, 3706.04, 3709.09,
3710.01,
3710.04, 3710.05, 3710.051, 3710.06,
3710.07,
3710.08, 3710.12, 3710.13, 3712.03,
3713.01,
3713.02, 3713.03, 3713.04, 3713.05,
3713.06,
3713.07, 3713.08, 3713.09, 3713.10,
3714.07,
3714.073, 3717.07, 3717.23, 3717.25,
3717.43,
3717.45, 3718.06, 3721.01, 3721.02,
3721.071,
3721.23, 3721.51, 3721.56, 3722.01,
3722.011,
3722.02, 3722.021, 3722.04, 3722.041,
3722.05,
3722.06, 3722.08, 3722.09, 3722.10,
3722.13,
3722.14, 3722.15, 3722.16, 3722.17,
3722.18,
3722.99, 3727.02, 3729.07, 3733.04,
3733.25,
3733.43, 3734.28, 3734.281, 3734.57,
3734.82,
3734.901, 3734.9010, 3737.71, 3743.04,
3743.25,
3745.015, 3745.11, 3748.01, 3748.04,
3748.07,
3748.12, 3748.13, 3749.04, 3770.05,
3773.35,
3773.36, 3773.43, 3781.03, 3781.102,
3781.11,
3783.05, 3791.02, 3791.04, 3791.05,
3791.07,
3793.02, 3793.04, 3901.3812, 3923.021,
3923.022,
3923.122, 3923.24, 3923.38, 3923.57,
3923.58,
3923.581, 3923.66, 3923.67, 3923.68,
3923.75,
3923.76, 3923.77, 3924.01, 3924.06,
3924.09,
3924.10, 3929.43, 3929.67, 3953.23,
3953.231,
4104.01, 4104.02, 4104.06, 4104.07,
4104.08,
4104.09, 4104.10, 4104.101, 4104.12,
4104.15,
4104.16, 4104.17, 4104.18, 4104.19,
4104.21,
4104.33, 4104.42, 4104.43, 4104.44,
4104.48,
4105.01, 4105.02, 4105.03, 4105.04,
4105.05,
4105.06, 4105.09, 4105.11, 4105.12,
4105.13,
4105.15, 4105.16, 4105.17, 4105.191,
4105.20,
4105.21, 4112.01, 4112.04, 4112.051,
4117.01,
4117.02, 4117.07, 4117.12, 4117.14,
4117.15,
4117.24, 4121.125, 4141.08, 4141.11,
4141.162,
4169.02, 4169.03, 4169.04, 4171.04,
4301.43,
4303.331, 4501.24, 4503.068, 4503.10,
4503.235,
4505.06, 4507.45, 4509.101, 4510.14,
4510.22,
4510.45, 4511.19, 4511.191, 4511.193,
4511.81,
4519.04, 4519.09, 4519.55, 4705.09,
4705.10,
4713.63, 4713.64, 4731.10, 4731.26,
4731.38,
4733.10, 4735.01, 4735.03, 4735.05,
4735.051,
4735.052, 4735.06, 4735.07, 4735.09,
4735.10,
4735.12, 4735.13, 4735.14, 4735.141,
4735.15,
4735.16, 4735.17, 4735.18, 4735.181,
4735.182,
4735.19, 4735.21, 4735.211, 4735.32,
4735.55,
4735.58, 4735.71, 4735.72, 4735.74,
4735.99,
4740.03, 4740.11, 4740.14, 4755.06,
4755.12,
4757.10, 4757.31, 4757.36, 4763.01,
4763.03,
4763.04, 4763.05, 4763.07, 4763.09,
4763.11,
4763.13, 4763.14, 4763.17, 4766.09,
4767.05,
4767.07, 4767.08, 5101.11, 5101.16,
5101.162,
5101.33, 5101.34, 5101.47, 5101.54,
5101.541,
5101.544, 5101.573, 5101.60, 5101.61,
5101.83,
5101.84, 5104.051, 5107.05, 5107.16,
5107.17,
5107.58, 5111.01, 5111.015, 5111.032,
5111.033,
5111.034, 5111.06, 5111.162, 5111.176,
5111.23,
5111.231, 5111.232, 5111.235, 5111.24,
5111.241,
5111.251, 5111.261, 5111.65, 5111.651,
5111.688,
5111.705, 5111.85, 5111.851, 5111.874,
5111.875,
5112.30, 5112.31, 5112.37, 5112.371,
5115.03,
5119.16, 5119.61, 5120.032, 5120.033,
5120.09,
5123.0412, 5123.42, 5126.01, 5126.044,
5126.05,
5126.24, 5139.43, 5502.01, 5502.14,
5502.15,
5703.05, 5703.37, 5703.80, 5705.214,
5705.29,
5705.341, 5705.37, 5711.33, 5715.251,
5715.26,
5717.03, 5717.04, 5725.18, 5725.25,
5725.98,
5727.84, 5728.12, 5729.03, 5729.98,
5733.01,
5733.04, 5733.98, 5735.06, 5735.142,
5739.01,
5739.02, 5739.03, 5739.033, 5739.12,
5739.131,
5743.15, 5743.61, 5747.01, 5747.13,
5747.16,
5747.98, 5748.02, 5748.03,
5749.02, 5749.12,
5751.01, 5751.011, 5751.012, 5751.013, 5751.03,
5751.04, 5751.05, 5751.051, 5751.06, 5751.08,
5751.09, 5751.20, 5751.21, 5911.10, 5913.09, and
6109.21; to amend, for the purpose of adopting new
section numbers as indicated in parentheses,
sections 1517.14 (1547.81), 1517.16 (1547.82),
1517.17 (1547.83), 1517.18 (1547.84), 3313.174
(3313.82), 3319.233 (3333.049), 3334.03
(3334.031), 3701.71 (3727.05), 3701.72 (3727.051),
3727.04 (3727.053), 3727.05 (3727.04), and
5111.688 (5111.689); to enact new sections
3301.0712, 3319.222, 3334.03, and 5111.688 and
sections 111.26, 117.54, 122.85, 124.821, 124.822,
124.86, 173.28, 173.501, 901.041, 901.91, 927.54,
943.031, 1327.501, 1327.71, 1509.021, 1513.021,
1547.02, 1547.85, 1547.86, 1547.87, 2315.50,
3119.371, 3301.80, 3301.81, 3301.82, 3301.83,
3301.90, 3306.01, 3306.011, 3306.02, 3306.03,
3306.04, 3306.05, 3306.051, 3306.06,
3306.07,
3306.08, 3306.09, 3306.10, 3306.11,
3306.12,
3306.13, 3306.14, 3306.15, 3306.16,
3306.17,
3306.18, 3306.19, 3306.29, 3306.30,
3306.31,
3306.32, 3306.33, 3306.34, 3306.40,
3313.485,
3313.821, 3314.028, 3314.031, 3314.102,
3314.191,
3314.39, 3314.42, 3314.43, 3314.44,
3317.018,
3319.223, 3319.611, 3319.612, 3319.70,
3319.71,
3325.041, 3333.048, 3333.39, 3333.391,
3333.392,
3333.90, 3334.032, 3354.24, 3365.12, 3375.79,
3701.611,
3702.592, 3702.593, 3706.35, 3709.092,
3710.141,
3722.022, 3727.052, 3734.282, 3793.21,
3923.241,
3923.90, 3923.91, 4113.11, 4501.29,
5101.073,
5101.542, 5111.88, 5111.881, 5111.882,
5111.883,
5111.884, 5111.885, 5111.886, 5111.887,
5111.888,
5111.889, 5111.8810, 5111.8811,
5112.372, 5112.40,
5112.41, 5112.42, 5112.43,
5112.44, 5112.45,
5112.46, 5112.47, 5112.48,
5119.621, 5119.622,
5155.38, 5705.219, 5705.2110,
5725.33, 5729.16,
5733.58, 5733.59, 5739.051,
5747.66, 5751.014,
5911.11, 5919.20, and 5919.36
of the Revised Code;
to repeal sections 173.71,
173.72, 173.721,
173.722, 173.723, 173.724,
173.73, 173.731,
173.732, 173.74, 173.741,
173.742, 173.75,
173.751, 173.752, 173.753,
173.76, 173.77,
173.771, 173.772, 173.773,
173.78, 173.79,
173.791, 173.80, 173.801,
173.802, 173.803,
173.81, 173.811, 173.812,
173.813, 173.814,
173.815, 173.82, 173.83,
173.831, 173.832,
173.833, 173.84, 173.85,
173.86, 173.861, 173.87,
173.871, 173.872,
173.873, 173.874, 173.875,
173.876, 173.88,
173.89, 173.891, 173.892, 173.90,
173.91, 905.38,
905.381, 905.66, 907.16, 927.74,
1517.15,
1711.58, 3301.0712, 3301.0718, 3301.43,
3302.032,
3314.026, 3314.085, 3314.13, 3317.10,
3319.0810,
3319.222, 3319.23, 3319.302, 3319.304,
3333.27,
3701.73, 3701.77, 3701.771, 3701.772,
3702.511,
3702.523, 3702.527, 3702.528, 3702.529,
3702.542,
3704.143, 3724.01, 3724.02, 3724.021,
3724.03,
3724.04, 3724.05, 3724.06, 3724.07,
3724.08,
3724.09, 3724.10, 3724.11, 3724.12,
3724.13,
3724.99, 4735.22, 4735.23, 5101.072,
5111.083,
5145.32, and 5923.141 of the Revised
Code; to
amend Section 269.60.60 of H.B. 119 of
the 127th
General Assembly and to amend Section
269.60.60
of H.B. 119 of the 127th General
Assembly to
codify the Section as section 3314.38
of the
Revised Code; to amend Section 6 of H.B.
364 of
the 124th General Assembly and to amend
Section 6
of H.B. 364 of the 124th General
Assembly to
codify the Section as section 3314.027
of the
Revised Code; to amend Sections 103.80.80,
103.80.90, and 301.10.50 of H.B. 496 of the 127th
General Assembly; to amend Section 233.40.30 and
233.50.80 of H.B. 562 of the 127th General
Assembly; to amend Section 831.06 of H.B. 530 of
the 126th General Assembly; to amend Section 4 of
H.B. 516 of the 125th General Assembly, as
subsequently amended; to amend Section 153 of Am.
Sub. H.B. 117 of the 121st General Assembly, as
subsequently amended; to
amend the version of
section 2949.111 of
the
Revised Code that is
scheduled to take effect
January 1, 2010, to
continue the provisions of
this act on and after
that effective date; to
amend the version of
section 5739.033 of the
Revised Code that is
scheduled to take effect
January 1, 2010, to
continue the provisions of
this act on and after
that effective date; to
repeal sections 5112.40,
5112.41, 5112.42,
5112.43, 5112.44, 5112.45,
5112.46, 5112.47, and
5112.48 of the Revised
Code, effective October 1,
2011; to make
operating
appropriations for the biennium
beginning July 1,
2009, and ending June 30, 2011,
and to provide
authorization and conditions for
the operation of
state programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 101.01. That sections 9.06, 107.21, 109.572, 118.05,
120.08, 120.52, 120.53, 121.04, 121.08, 121.083, 121.084, 121.40,
121.401, 121.402, 122.05, 122.051, 122.151, 122.17, 122.171,
122.40, 122.603, 123.01, 124.03, 124.04, 124.07, 124.11, 124.14,
124.15, 124.152, 124.18, 124.19, 124.23, 124.321, 124.324,
124.325, 124.34, 124.381, 124.392, 125.22, 126.05, 126.21, 126.24,
127.16, 131.33, 141.04, 145.012, 145.298, 149.43, 152.09, 152.10,
152.12, 152.15, 152.33, 173.08,
173.35, 173.392, 173.42, 173.50,
173.99, 174.02, 174.03, 174.06,
176.05, 307.626, 307.629,
319.301, 319.302, 319.54, 321.24,
323.156, 329.042, 329.06,
340.033, 718.04, 901.20, 901.43, 905.32,
905.33, 905.331, 905.36,
905.50, 905.51, 905.52, 905.56, 907.13,
907.14, 907.30, 907.31,
918.08, 918.28, 921.02, 921.06, 921.09,
921.11, 921.13, 921.16,
921.22, 921.27, 921.29, 923.44, 923.46,
926.99, 927.51, 927.52,
927.53, 927.56, 927.69, 927.70, 927.701,
927.71, 942.02, 943.01,
943.02, 943.04, 943.05, 943.06, 943.07,
943.13, 943.14, 953.23,
955.201, 1322.03, 1322.031, 1322.04,
1322.041, 1327.46, 1327.50,
1327.51, 1327.511, 1327.52, 1327.54,
1327.57, 1327.58, 1327.60,
1327.62, 1327.70, 1327.99, 1332.24,
1332.25, 1333.99, 1347.08,
1502.12, 1515.14, 1517.02, 1517.10,
1517.11, 1517.14, 1517.16,
1517.17, 1517.18, 1521.05, 1521.06,
1521.063, 1531.01, 1533.10,
1533.11, 1547.01, 1547.51, 1547.52,
1547.531, 1547.54, 1547.542,
1547.73, 1547.99, 1548.06, 1707.17,
1707.18, 1707.99, 1716.99,
1739.05, 1751.03, 1751.04, 1751.05,
1751.14, 1751.15, 1751.16,
1751.19, 1751.32, 1751.321, 1751.34,
1751.35, 1751.36, 1751.45,
1751.46, 1751.48, 1751.53, 1751.831,
1751.84, 1753.09, 2151.011,
2317.422, 2503.17, 2743.191, 2903.33, 2909.03,
2909.05, 2909.11,
2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.32,
2913.34, 2913.40, 2913.401, 2913.42, 2913.421,
2913.43, 2913.45,
2913.46, 2913.47, 2913.48, 2913.49, 2913.51,
2913.61, 2915.05,
2917.21, 2917.31, 2917.32, 2919.21, 2921.01,
2921.13, 2921.41,
2923.31, 2929.17, 2937.22, 2949.091, 2949.094,
2949.111,
2967.193, 2981.07, 2981.13, 3101.08, 3113.37, 3119.01, 3121.037,
3121.0311, 3121.19, 3121.20, 3121.898, 3123.952, 3125.25, 3301.07,
3301.073, 3301.079, 3301.0710, 3301.0711, 3301.0714, 3301.0716,
3301.0722, 3301.12, 3301.13, 3301.16, 3301.42, 3301.55, 3302.01,
3302.02, 3302.021, 3302.03, 3302.031, 3302.05, 3302.07, 3304.231,
3307.31, 3307.64, 3309.41, 3309.48, 3309.51, 3310.03, 3310.08,
3310.09, 3310.11, 3310.14, 3310.41, 3311.06, 3311.19, 3311.21,
3311.29, 3311.52, 3311.76, 3313.174, 3313.41, 3313.48, 3313.481,
3313.482, 3313.483, 3313.53, 3313.532, 3313.533, 3313.536,
3313.55, 3313.60, 3313.603, 3313.605, 3313.607, 3313.608, 3313.61,
3313.611, 3313.612, 3313.614, 3313.615, 3313.62, 3313.64,
3313.642, 3313.6410, 3313.65, 3313.673, 3313.68, 3313.713,
3313.976, 3313.98, 3313.981, 3314.012, 3314.014, 3314.015,
3314.016, 3314.02, 3314.021, 3314.024, 3314.03, 3314.051, 3314.08,
3314.083, 3314.084, 3314.087, 3314.091, 3314.10, 3314.19, 3314.21,
3314.25, 3314.26, 3314.35, 3314.36, 3315.17, 3315.37, 3316.041,
3316.06, 3316.20, 3317.01, 3317.02, 3317.021, 3317.022, 3317.023,
3317.024, 3317.025, 3317.0210, 3317.0211, 3317.0216, 3317.03,
3317.031, 3317.04, 3317.05, 3317.051, 3317.053, 3317.061, 3317.08,
3317.081, 3317.082, 3317.12, 3317.16, 3317.18, 3317.20, 3317.201,
3318.011, 3318.051, 3318.061, 3318.08, 3318.38, 3319.073, 3319.08,
3319.081, 3319.088, 3319.11, 3319.151, 3319.16, 3319.17, 3319.172,
3319.22,
3319.221, 3319.233, 3319.234, 3319.235, 3319.24,
3319.25, 3319.26,
3319.261, 3319.28, 3319.291, 3319.303, 3319.36,
3319.41, 3319.51,
3319.56, 3319.57, 3319.60, 3319.61, 3319.63,
3321.01, 3321.05,
3323.05, 3323.091, 3323.14, 3323.142, 3324.05,
3325.01, 3325.011,
3325.02, 3325.03, 3325.04, 3325.07, 3325.08,
3325.10, 3325.11,
3325.12, 3325.15, 3325.16, 3326.11, 3326.14,
3326.21, 3326.23,
3326.31, 3326.32, 3326.33, 3326.34, 3326.36,
3326.37, 3326.38,
3326.51, 3327.02, 3327.04, 3327.05, 3329.16,
3333.04, 3333.122,
3333.123, 3333.28, 3333.35, 3333.38, 3333.83,
3334.01, 3334.02,
3334.03, 3334.04, 3334.06, 3334.07, 3334.08,
3334.09, 3334.10,
3334.11, 3334.12, 3334.16, 3334.17, 3334.18,
3334.19, 3334.20,
3334.21, 3345.011, 3345.12, 3345.32, 3349.242,
3365.01, 3365.04, 3365.041,
3365.07, 3365.08, 3365.09, 3365.10,
3701.024, 3701.045, 3701.07,
3701.344, 3701.71, 3701.72, 3701.78,
3702.51, 3702.52, 3702.524,
3702.525, 3702.53, 3702.532, 3702.54,
3702.544, 3702.55, 3702.57,
3702.59, 3702.60, 3702.61, 3702.87,
3702.89, 3702.90, 3702.91,
3702.92, 3702.93, 3702.94, 3703.01,
3703.03, 3703.04, 3703.05,
3703.06, 3703.07, 3703.08, 3703.10,
3703.21, 3703.99, 3704.14,
3705.24, 3706.04, 3709.09, 3710.01,
3710.04, 3710.05, 3710.051,
3710.06, 3710.07, 3710.08, 3710.12,
3710.13, 3712.03, 3713.01,
3713.02, 3713.03, 3713.04, 3713.05,
3713.06, 3713.07, 3713.08,
3713.09, 3713.10, 3714.07, 3714.073,
3717.07, 3717.23, 3717.25,
3717.43, 3717.45, 3718.06, 3721.01,
3721.02, 3721.071, 3721.23,
3721.51, 3721.56, 3722.01, 3722.011,
3722.02, 3722.021, 3722.04,
3722.041, 3722.05, 3722.06, 3722.08,
3722.09, 3722.10, 3722.13,
3722.14, 3722.15, 3722.16, 3722.17,
3722.18, 3722.99, 3727.02,
3729.07, 3733.04, 3733.25, 3733.43,
3734.28, 3734.281, 3734.57,
3734.82, 3734.901, 3734.9010,
3737.71, 3743.04, 3743.25, 3745.015,
3745.11, 3748.01, 3748.04,
3748.07, 3748.12, 3748.13, 3749.04,
3770.05, 3773.35, 3773.36,
3773.43, 3781.03, 3781.102, 3781.11,
3783.05, 3791.02, 3791.04,
3791.05, 3791.07, 3793.02, 3793.04,
3901.3812, 3923.021,
3923.022, 3923.122, 3923.24, 3923.38,
3923.57, 3923.58, 3923.581,
3923.66, 3923.67, 3923.68, 3923.75,
3923.76, 3923.77, 3924.01,
3924.06, 3924.09, 3924.10, 3929.43,
3929.67, 3953.23, 3953.231,
4104.01, 4104.02, 4104.06, 4104.07,
4104.08, 4104.09, 4104.10,
4104.101, 4104.12, 4104.15, 4104.16,
4104.17, 4104.18, 4104.19,
4104.21, 4104.33, 4104.42, 4104.43,
4104.44, 4104.48, 4105.01,
4105.02, 4105.03, 4105.04, 4105.05,
4105.06, 4105.09, 4105.11,
4105.12, 4105.13, 4105.15, 4105.16,
4105.17, 4105.191, 4105.20,
4105.21, 4112.01, 4112.04, 4112.051,
4117.01, 4117.02, 4117.07,
4117.12, 4117.14, 4117.15, 4117.24,
4121.125, 4141.08, 4141.11,
4141.162, 4169.02, 4169.03, 4169.04,
4171.04, 4301.43, 4303.331,
4501.24, 4503.068, 4503.10, 4503.235,
4505.06, 4507.45, 4509.101,
4510.14, 4510.22, 4510.45, 4511.19,
4511.191, 4511.193, 4511.81,
4519.04, 4519.09, 4519.55, 4705.09,
4705.10, 4713.63, 4713.64,
4731.10, 4731.26, 4731.38, 4733.10,
4735.01, 4735.03, 4735.05,
4735.051, 4735.052, 4735.06, 4735.07,
4735.09, 4735.10, 4735.12,
4735.13, 4735.14, 4735.141, 4735.15,
4735.16, 4735.17, 4735.18,
4735.181, 4735.182, 4735.19, 4735.21,
4735.211, 4735.32, 4735.55,
4735.58, 4735.71, 4735.72, 4735.74,
4735.99, 4740.03, 4740.11,
4740.14, 4755.06, 4755.12, 4757.10,
4757.31, 4757.36, 4763.01,
4763.03, 4763.04, 4763.05, 4763.07,
4763.09, 4763.11, 4763.13,
4763.14, 4763.17, 4766.09, 4767.05,
4767.07, 4767.08, 5101.11,
5101.16, 5101.162, 5101.33, 5101.34,
5101.47, 5101.54, 5101.541,
5101.544, 5101.573, 5101.60, 5101.61,
5101.83, 5101.84, 5104.051,
5107.05, 5107.16, 5107.17, 5107.58,
5111.01, 5111.015, 5111.032,
5111.033, 5111.034, 5111.06,
5111.162, 5111.176, 5111.23,
5111.231, 5111.232, 5111.235,
5111.24, 5111.241, 5111.251,
5111.261, 5111.65, 5111.651,
5111.688, 5111.705, 5111.85,
5111.851, 5111.874, 5111.875,
5112.30, 5112.31, 5112.37,
5112.371, 5115.03, 5119.16, 5119.61,
5120.032, 5120.033, 5120.09,
5123.0412, 5123.42, 5126.01,
5126.044, 5126.05, 5126.24, 5139.43,
5502.01, 5502.14, 5502.15,
5703.05, 5703.37, 5703.80, 5705.214,
5705.29, 5705.341, 5705.37,
5711.33, 5715.251, 5715.26, 5717.03,
5717.04, 5725.18, 5725.25,
5725.98, 5727.84, 5728.12, 5729.03,
5729.98, 5733.01, 5733.04,
5733.98, 5735.06, 5735.142, 5739.01,
5739.02, 5739.03, 5739.033,
5739.12, 5739.131, 5743.15, 5743.61,
5747.01, 5747.13, 5747.16,
5747.98, 5748.02, 5748.03, 5749.02,
5749.12, 5751.01, 5751.011, 5751.012, 5751.013, 5751.03,
5751.04,
5751.05, 5751.051, 5751.06, 5751.08, 5751.09, 5751.20,
5751.21,
5911.10, 5913.09, and 6109.21; sections 1517.14
(1547.81),
1517.16 (1547.82), 1517.17 (1547.83), 1517.18
(1547.84), 3313.174
(3313.82), 3319.233 (3333.049), 3334.03
(3334.031), 3701.71
(3727.05), 3701.72 (3727.051), 3727.04
(3727.053), 3727.05
(3727.04), and 5111.688 (5111.689) be amended
for the purpose of
adopting new section numbers as indicated in
parentheses; new
sections 3301.0712, 3319.222, 3334.03, and
5111.688 and sections
111.26, 117.54, 122.85, 124.821, 124.822,
124.86, 173.28,
173.501, 901.041, 901.91, 927.54, 943.031,
1327.501, 1327.71,
1509.021, 1513.021, 1547.02, 1547.85, 1547.86,
1547.87, 2315.50,
3119.371, 3301.80, 3301.81, 3301.82, 3301.83,
3301.90, 3306.01,
3306.011, 3306.02, 3306.03, 3306.04,
3306.05,
3306.051, 3306.06,
3306.07, 3306.08, 3306.09, 3306.10,
3306.11,
3306.12, 3306.13,
3306.14, 3306.15, 3306.16, 3306.17,
3306.18,
3306.19, 3306.29,
3306.30, 3306.31, 3306.32, 3306.33,
3306.34,
3306.40, 3313.485,
3313.821, 3314.028, 3314.031,
3314.102,
3314.191, 3314.39,
3314.42, 3314.43, 3314.44, 3317.018,
3319.223,
3319.611,
3319.612, 3319.70, 3319.71, 3325.041,
3333.048,
3333.39,
3333.391, 3333.392, 3333.90, 3334.032, 3354.24,
3365.12, 3375.79,
3701.611,
3702.592, 3702.593, 3706.35,
3709.092, 3710.141,
3722.022,
3727.052, 3734.282, 3793.21,
3923.241, 3923.90,
3923.91, 4113.11,
4501.29, 5101.073, 5101.542,
5111.88,
5111.881, 5111.882,
5111.883, 5111.884, 5111.885,
5111.886,
5111.887, 5111.888,
5111.889, 5111.8810, 5111.8811,
5112.372,
5112.40, 5112.41,
5112.42, 5112.43, 5112.44, 5112.45,
5112.46,
5112.47, 5112.48,
5119.621, 5119.622, 5155.38, 5705.219,
5705.2110, 5725.33,
5729.16, 5733.58, 5733.59, 5739.051, 5747.66,
5751.014, 5911.11,
5919.20, and 5919.36 of the Revised Code be
enacted; that Section
6 of H.B. 364 of the 124th General Assembly
be amended and Section
6 of H.B. 364 of the 124th General
Assembly be amended to codify
as section 3314.027 of the Revised
Code; and that Section
269.60.60 of H.B. 119 of the 127th General
Assembly be amended and
Section 269.60.60 of H.B. 119 of the
127th General Assembly be
amended to codify as section 3314.38 of
the Revised Code to read
as follows:
Sec. 9.06. (A)(1) The department of rehabilitation and
correction shall may contract for the private operation
and
management
pursuant to this section of the initial intensive
program
prison
established pursuant to section 5120.033 of the
Revised Code, if one or more intensive program prisons are
established under that section, and
may contract for the
private
operation and management of any other
facility under this section.
Counties
and municipal corporations
to the extent authorized
in
sections 307.93, 341.35, 753.03, and
753.15 of the Revised
Code
may contract for the private operation
and management of a
facility
under this section. A contract
entered into under
this
section shall be for an initial term of
not more
than two years
with an option to renew for additional
periods of two years.
(2)
The department of
rehabilitation and correction, by
rule,
shall adopt minimum
criteria and
specifications that a
person or
entity, other than a
person or entity that
satisfies the
criteria
set forth in division
(A)(3)(a) of this section
and
subject to
division (I) of this
section,
must satisfy in order to
apply to
operate and manage as a
contractor pursuant
to this
section the
initial intensive program
prison established pursuant
to section
5120.033 of the Revised
Code if one or more intensive program
prisons are established under that section.
(3) Subject to division (I) of this
section, any person or
entity that
applies to operate and manage a facility
as a
contractor pursuant to this section shall satisfy one or more of
the
following criteria:
(a) The person or entity is accredited by the American
correctional association and, at the time
of the application,
operates and manages one or
more facilities
accredited by
the
American correctional association.
(b) The person or entity satisfies all of the minimum
criteria and
specifications adopted by the department of
rehabilitation and correction
pursuant to division (A)(2) of this
section,
provided that this alternative shall be available only in
relation to the
initial intensive program prison established
pursuant to section 5120.033 of
the Revised
Code, if one or more
intensive program prisons are established under that section.
(4) Subject to division (I) of this section, before
a public
entity may enter into a contract under this section, the
contractor shall convincingly demonstrate to the public entity
that it can
operate the facility with the inmate capacity required
by the public
entity and provide the services required in this
section and realize at least a five per cent savings over the
projected cost
to the public entity of providing these same
services to operate the facility
that is the subject of the
contract. No out-of-state prisoners may be housed
in any facility
that is the subject of a contract entered into under
this section.
(B) Subject to division (I) of this section, any
contract
entered into under this section shall include all of the
following:
(1) A requirement that the contractor retain the
contractor's
accreditation from the American correctional
association
throughout the contract term
or, if the contractor
applied
pursuant to division
(A)(3)(b)
of this section, continue
complying
with the applicable criteria
and specifications adopted
by the
department of rehabilitation
and correction pursuant to
division
(A)(2) of this section;
(2) A requirement that all of the following conditions be
met:
(a) The contractor begins the process of accrediting the
facility
with the American correctional association no later than
sixty days
after the facility receives its first inmate.
(b) The contractor receives accreditation of the facility
within
twelve months after the date the contractor applies to the
American
correctional association for accreditation.
(c) Once the accreditation is received, the contractor
maintains
it for the duration of the contract term.
(d) If the contractor does not comply with divisions
(B)(2)(a) to (c) of this section, the
contractor is in violation
of the contract, and the public entity may revoke
the contract at
its discretion.
(3) A requirement that the contractor comply with all rules
promulgated by
the department of rehabilitation and correction
that apply to the operation
and management of correctional
facilities, including the minimum
standards for jails in Ohio and
policies regarding the use of force
and the use of deadly force,
although the public entity may
require more stringent standards,
and comply with any applicable laws, rules,
or regulations of the
federal, state, and local governments, including, but
not limited
to, sanitation, food service, safety, and health regulations. The
contractor shall be required to send copies of reports of
inspections
completed by the appropriate authorities regarding
compliance with rules and
regulations to the director of
rehabilitation and correction or the director's designee and, if
contracting
with a local public entity, to the governing authority
of that entity.
(4) A requirement that the contractor report for
investigation
all crimes in connection with the facility to the
public entity, to all local
law enforcement agencies with
jurisdiction over the
place at which the facility is located, and,
for
a crime
committed at a state correctional institution, to the
state highway
patrol;
(5) A requirement that the
contractor immediately report all
escapes from the facility, and the
apprehension of all escapees,
by
telephone and in writing to all local law enforcement agencies
with
jurisdiction over the place at which the facility is located,
to the
prosecuting attorney of the county in which the facility is
located, to the
state highway patrol, to a daily newspaper having
general circulation in the
county in which the facility is
located, and, if the
facility is a state
correctional
institution,
to the department of rehabilitation
and correction.
The written
notice may be by either facsimile transmission or
mail. A failure
to comply with this requirement
regarding an
escape is a violation
of section 2921.22 of the
Revised Code.
(6) A requirement that, if the facility is a state
correctional
institution, the contractor provide a written report
within specified time
limits to the director of
rehabilitation and
correction or the director's designee of all unusual
incidents at
the facility as defined in rules promulgated by the department of
rehabilitation and correction or, if the facility is a local
correctional
institution, that the contractor provide a written
report
of all unusual incidents at the facility to the governing
authority of the local public entity;
(7) A requirement that
the contractor maintain proper
control
of inmates' personal funds pursuant to
rules promulgated
by the
department of rehabilitation and correction for
state
correctional
institutions or pursuant to the minimum standards
for
jails along
with any additional standards established by the
local public
entity for local correctional institutions and that
records
pertaining to
these funds be made available to
representatives of
the public entity for
review or audit;
(8) A requirement that the contractor prepare and
distribute
to the director
of rehabilitation and correction or, if
contracting with a local public
entity, to the governing authority
of the local entity annual budget income
and expenditure
statements and funding source financial reports;
(9) A requirement that the public entity appoint and
supervise a full-time
contract monitor, that the contractor
provide suitable office space
for the contract monitor at the
facility, and that the
contractor allow the contract monitor
unrestricted access to all parts of the
facility and all records
of the facility except the contractor's financial
records;
(10) A requirement that if the facility is a state
correctional
institution designated department of rehabilitation
and correction staff
members be allowed access to the facility in
accordance with rules promulgated
by the department;
(11) A requirement that the contractor provide internal
and
perimeter security as agreed upon in
the contract;
(12) If the facility is a state correctional institution,
a
requirement that
the contractor impose discipline on inmates
housed in a state
correctional institution only in accordance
with
rules promulgated by the
department of rehabilitation and
correction;
(13) A requirement that the facility be staffed at all
times
with a staffing
pattern approved by the public entity and adequate
both to ensure
supervision of inmates and maintenance of
security
within the facility and to provide for programs, transportation,
security, and other operational needs. In determining security
needs, the
contractor shall be required to consider, among other
things, the proximity of
the facility to neighborhoods and
schools.
(14) If the contract is with a local public entity, a
requirement that the
contractor provide services and programs,
consistent with
the
minimum standards for jails promulgated by the
department of rehabilitation
and correction under section 5120.10
of the Revised Code;
(15) A clear statement that no immunity from liability
granted to the state,
and no immunity from liability granted to
political subdivisions under Chapter
2744. of the Revised Code,
shall extend to the contractor or any of
the contractor's
employees;
(16) A statement that all documents and records
relevant to
the facility shall be maintained in the same manner required
for,
and subject to the same laws, rules, and regulations as apply to,
the
records of the public entity;
(17) Authorization for the public entity to impose a fine
on
the contractor
from a schedule of fines included in the contract
for the contractor's failure
to perform its contractual duties or
to cancel the contract, as the public
entity considers
appropriate. If a fine is imposed, the public entity may
reduce
the payment owed to the contractor pursuant to any invoice in the
amount of the imposed fine.
(18) A statement that all services provided or goods
produced
at the facility
shall be subject to the same regulations,
and the
same distribution
limitations, as apply to goods and
services
produced at other correctional
institutions;
(19) Authorization for the department to establish one or
more prison
industries at a facility operated and managed by a
contractor for the
department;
(20) A requirement that, if the facility is an intensive
program prison
established pursuant to section 5120.033 of the
Revised Code, the facility shall comply with
all criteria for
intensive program prisons of that type that are set forth in
that
section;
(21) If the institution is a state correctional institution,
a requirement
that the contractor provide clothing
for all inmates
housed in the facility that is conspicuous in
its color, style, or
color and style, that conspicuously
identifies its wearer as an
inmate, and that is readily
distinguishable from clothing of a
nature that normally is worn
outside the facility by non-inmates,
that the contractor require
all inmates housed in the facility to
wear the clothing so
provided, and that the contractor not permit
any inmate, while
inside or on the premises of the facility or
while being transported to or
from the facility, to wear any
clothing
of a nature that does not conspicuously identify its
wearer as an
inmate and that normally is worn outside the facility
by
non-inmates.
(C) No contract entered into under this section may require,
authorize, or
imply a delegation of the authority or
responsibility of the public entity to
a contractor for any of the
following:
(1) Developing or implementing procedures for calculating
inmate release and
parole eligibility dates and recommending the
granting or denying of parole,
although the contractor may submit
written reports that have been prepared in
the ordinary course of
business;
(2) Developing or implementing procedures for calculating
and
awarding
earned credits, approving the type of work inmates
may
perform
and the wage or earned credits, if any, that may be
awarded to inmates engaging in
that work, and
granting,
denying,
or revoking earned credits;
(3) For inmates serving a term imposed for a felony offense
committed
prior to July 1, 1996, or for a misdemeanor offense,
developing or
implementing procedures for calculating and awarding
good time, approving the
good time, if any, that may be awarded to
inmates engaging in work, and
granting, denying, or revoking good
time;
(4)
Classifying an inmate or placing an inmate in
a more or
a
less
restrictive custody than the custody ordered by the public
entity;
(5) Approving inmates for work release;
(6) Contracting for local or long distance telephone
services
for inmates
or receiving commissions from
those
services
at a
facility that is owned by or
operated under a
contract with
the
department.
(D) A contractor that has been approved to operate a
facility
under this
section, and a person or entity that enters
into a
contract for
specialized services, as described in division
(I) of
this section,
relative to an intensive program prison
established
pursuant to section
5120.033 of the Revised Code to be
operated by
a contractor that has been approved to operate
the
prison under
this section, shall provide an adequate policy of
insurance
specifically including, but not limited to,
insurance
for civil
rights claims as determined by a risk management or
actuarial firm
with demonstrated experience in public liability
for state
governments. The insurance policy shall provide that
the state,
including all
state agencies, and all political
subdivisions of
the state with jurisdiction
over the facility or
in which a
facility is located are named as insured, and
that the
state and
its political subdivisions shall be sent any notice of
cancellation. The contractor may not self-insure.
A contractor that has been approved to operate a
facility
under this section, and a person or entity that enters into a
contract for specialized services, as described in division (I) of
this section, relative to an intensive program prison established
pursuant to section 5120.033 of the Revised Code to be
operated by
a contractor that has been approved to
operate the prison under
this section, shall indemnify and
hold harmless the state,
its
officers, agents, and employees, and any local government entity
in the state
having jurisdiction over the facility or ownership of
the facility,
shall reimburse the state for its
costs in defending
the state or any of its officers, agents, or employees, and
shall
reimburse any local government entity of that nature for its costs
in
defending the local government entity, from all of the
following:
(1) Any claims or losses for services rendered by the
contractor,
person, or entity
performing or supplying services in
connection with the performance of the
contract;
(2) Any failure of the contractor, person, or entity or its
officers or employees to adhere to
the laws, rules, regulations,
or terms agreed to in the contract;
(3) Any constitutional, federal, state, or civil rights
claim
brought against
the state related to the facility operated
and
managed by the contractor;
(4) Any claims, losses, demands, or causes of action arising
out of the
contractor's, person's, or entity's activities in this
state;
(5) Any attorney's fees or court costs arising from any
habeas corpus actions
or other inmate suits that may arise from
any event that occurred at the
facility or was a result of such an
event, or arise over the conditions,
management, or operation of
the facility, which fees and costs shall include,
but not be
limited to, attorney's fees for the state's representation and for
any court-appointed representation of any inmate, and the costs of
any special
judge who may be appointed to hear
those actions
or
suits.
(E) Private correctional officers of a contractor operating
and managing a facility pursuant to a contract entered into under
this
section may carry and use
firearms in the course of their
employment only after being certified as
satisfactorily completing
an approved training program as described in
division (A) of
section 109.78 of the Revised Code.
(F) Upon notification by the contractor of an escape from,
or
of a
disturbance at, the facility that is the subject of a
contract entered into
under this section, the department of
rehabilitation and correction and state
and local law enforcement
agencies shall use all reasonable means to recapture
escapees or
quell any disturbance. Any cost incurred by the state or its
political subdivisions relating to the apprehension of an escapee
or the
quelling of a disturbance at the facility shall be
chargeable to and borne by
the contractor. The contractor shall
also reimburse the state or its
political subdivisions for all
reasonable costs incurred relating to the
temporary detention of
the escapee following recapture.
(G) Any offense that would be a crime if committed at a
state
correctional
institution or jail, workhouse, prison, or
other
correctional facility shall be a crime if committed by or
with
regard to
inmates at facilities operated pursuant to a
contract
entered into under this
section.
(H) A contractor operating and managing a facility
pursuant
to a contract entered into under this section shall pay any
inmate
workers at the facility at the
rate approved by the public entity.
Inmates working at the facility shall not
be considered employees
of the contractor.
(I) In contracting for the private operation and management
pursuant to
division (A) of this section of the initial any
intensive
program prison
established pursuant to section 5120.033
of the
Revised Code or of any other intensive
program prison
established
pursuant to that section, the department of
rehabilitation and
correction may enter into a contract with a
contractor for
the
general operation and management of the prison
and may enter into
one or
more separate contracts with other
persons or entities for
the provision of
specialized services for
persons confined in the
prison, including, but not
limited to,
security or training
services or medical, counseling, educational,
or similar treatment
programs. If, pursuant to this
division, the
department enters
into a contract with a contractor for the
general operation and
management of the prison and also enters
into one or
more
specialized service contracts with other persons
or entities, all
of the
following apply:
(1) The contract for the general operation and management
shall comply
with all requirements and criteria set forth in this
section, and all
provisions of this section apply in relation to
the prison operated and
managed pursuant to the contract.
(2) Divisions (A)(2), (B), and (C) of this
section do not
apply in relation to any specialized services contract, except
to
the extent that the provisions of those divisions clearly are
relevant to
the specialized services to be provided under the
specialized services
contract. Division (D) of this section
applies in relation to each
specialized services contract.
(J) As used in
this section:
(1)
"Public entity" means the department of rehabilitation
and correction, or
a county or municipal corporation or a
combination of counties and municipal
corporations, that has
jurisdiction over a facility that is the subject of a
contract
entered into under this section.
(2)
"Local public entity" means a county or municipal
corporation, or a
combination of counties and municipal
corporations, that has jurisdiction over
a jail, workhouse, or
other correctional facility used only for misdemeanants
that is
the subject of a contract entered into under this section.
(3)
"Governing authority of a local public entity" means, for
a county, the
board of county commissioners; for a municipal
corporation, the legislative
authority; for a combination of
counties and municipal corporations, all the
boards of
county
commissioners and municipal legislative authorities that
joined to
create the facility.
(4)
"Contractor" means a person
or entity that enters
into a
contract under this section
to operate and manage a jail,
workhouse, or other correctional facility.
(5)
"Facility" means the specific county, multicounty,
municipal,
municipal-county, or multicounty-municipal jail,
workhouse, prison, or other
type of correctional institution or
facility used only for misdemeanants, or a
state correctional
institution, that is the subject of a contract entered into
under
this section.
(6) "Person or entity" in the case of a contract for the
private operation and management of a state correctional
institution, includes an employee organization, as defined in
section 4117.01 of the Revised Code, that represents employees at
state correctional institutions.
Sec. 107.21. (A) As used in this section, "Appalachian
region" means the following counties in this state which that have
been designated as part of Appalachia by the federal Appalachian
regional commission and which that have been geographically
isolated
and economically depressed: Adams, Ashtabula, Athens,
Belmont, Brown,
Carroll, Clermont, Columbiana, Coshocton, Gallia,
Guernsey,
Harrison, Highland, Hocking, Holmes, Jackson, Jefferson,
Lawrence, Mahoning, Meigs, Monroe, Morgan, Muskingum, Noble,
Perry, Pike,
Ross, Scioto, Trumbull, Tuscarawas, Vinton, and
Washington.
(B) There is hereby created in the department of
development
the governor's office of Appalachian Ohio. The
governor shall
designate the director of the governor's office of
Appalachian
Ohio. The director shall report directly to the
office of the
governor. On January 1, 1987, the governor shall
designate the
director to represent this state on the federal
Appalachian
regional commission. The director may appoint such
employees as
are necessary to exercise the powers and duties of
this office.
The director shall maintain local development
districts as
established within the Appalachian region for the
purpose of
regional planning for the distribution of funds from
the
Appalachian regional commission within the Appalachian
region.
(C) The governor's office of Appalachian Ohio shall
represent
the interests of the Appalachian region in the
government of this
state. The duties of the director of the
office shall include, but
are not limited to, the following:
(1) To identify residents of the Appalachian region
qualified
to serve on state boards, commissions, and bodies and
in state
offices, and to bring these persons to the attention of
the
governor;
(2) To represent the interests of the Appalachian region
in
the general assembly and before state boards, commissions,
bodies,
and agencies;
(3) To assist in forming a consensus on public issues and
policies among institutions and organizations that serve the
Appalachian region;
(4) To act as an ombudsman ombudsperson to assist in
resolving
differences between state or federal agencies and the
officials
of political subdivisions or private, nonprofit
organizations
located within the Appalachian region;
(5) To assist planning commissions, agencies, and
organizations within the Appalachian region in distributing
planning information and documents to the appropriate state and
federal agencies and to assist in focusing attention on any
findings and recommendations of these commissions, agencies, and
organizations;
(6) To issue reports on the Appalachian region which that
describe progress achieved and the needs that still exist in the
region;
(7) To assist the governor's office in resolving the
problems
of residents of the Appalachian region that come to the
governor's
attention.
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to
section 121.08, 3301.32, 3301.541, or 3319.39
of the Revised
Code, a completed form prescribed pursuant to
division (C)(1) of
this section, and a set of fingerprint
impressions obtained in
the manner described in division (C)(2) of
this section, the
superintendent of the bureau of criminal
identification and
investigation shall conduct a criminal records
check in the
manner described in division (B) of this section to
determine
whether any information exists that indicates that the
person who
is the subject of the request previously has been
convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1)(a) of
this section.
(2) On receipt of a request pursuant to section 5123.081 of
the Revised Code with respect to an applicant for employment in
any position with the department of mental retardation and
developmental disabilities, pursuant to section 5126.28 of the
Revised Code with respect to an applicant for employment in any
position with a county board of mental retardation and
developmental disabilities, or pursuant to section 5126.281 of the
Revised Code with respect to an applicant for employment in a
direct services position with an entity contracting with a county
board for employment, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,
2925.03, or 3716.11 of the Revised Code;
(b) An existing or former municipal ordinance or law of this
state, any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(2)(a) of
this section.
(3) On receipt of a request pursuant to section 173.27,
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a
completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for employment in a position for
which a criminal records check is required by those sections. The
superintendent shall conduct the criminal records check in the
manner described in division (B) of this section to determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency as a person responsible for the care,
custody, or control of a child, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 5111.032,
5111.033, or 5111.034 of the Revised Code, a completed form
prescribed pursuant
to division (C)(1) of this section, and a set
of fingerprint
impressions obtained in the manner described in
division (C)(2) of
this section, the superintendent of the bureau
of criminal
identification and investigation shall conduct a
criminal records
check. The superintendent shall conduct the
criminal records check
in the manner described in division (B) of
this
section to
determine whether any information
exists that
indicates that the
person who is the subject of the request
previously has been
convicted of, has pleaded guilty to, or has
been found eligible
for intervention in lieu of conviction for
any of
the following:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04,
2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,
2903.21, 2903.211, 2903.22,
2903.34, 2905.01, 2905.02, 2905.05,
2905.11, 2905.12, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06,
2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.24,
2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,
2911.02, 2911.11, 2911.12,
2911.13, 2913.02, 2913.03, 2913.04,
2913.05, 2913.11, 2913.21, 2913.31, 2913.32,
2913.40, 2913.41,
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,
2917.31,
2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,
2923.03,
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,
2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,
2925.23, 2927.12, or
3716.11 of the Revised Code, felonious
sexual penetration in
violation of former section 2907.12 of the
Revised Code, a
violation of section 2905.04 of the Revised Code
as it existed
prior to July 1, 1996, a violation of section
2919.23 of the
Revised Code that would have been a violation of
section 2905.04
of the Revised Code as it existed prior to July
1, 1996, had the
violation been committed prior to that date;
(b) An A violation of an existing or former municipal
ordinance or law of this state, any other state,
or the United
States that is substantially equivalent to any of
the offenses
listed in division (A)(5)(a) of this section.
(6) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency in a position that involves providing direct
care to an older adult, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(6)(a) of this section.
(7) When conducting a criminal records check upon a request
pursuant to section 3319.39 of the Revised Code for an applicant
who is a teacher, in addition to the determination made under
division (A)(1) of this section, the superintendent shall
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any offense specified in section
3319.31 of the Revised Code.
(8) On receipt of a request pursuant to section 2151.86 of
the Revised
Code, a completed form prescribed pursuant to
division (C)(1) of
this section, and a set of fingerprint
impressions obtained in the
manner described in division (C)(2)
of this section, the
superintendent of the bureau of criminal
identification and
investigation shall conduct a criminal records
check in the manner
described in division (B) of this section to
determine whether any
information exists that indicates that the
person who is the
subject of the request previously has been
convicted of or pleaded
guilty to any of the following:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,
2903.211, 2903.22, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02,
2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2909.02,
2909.03, 2909.22, 2909.23, 2909.24,
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,
2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161,
2925.02, 2925.03,
2925.04, 2925.05, 2925.06, 2927.12, or 3716.11
of the Revised Code, a
violation of section 2905.04 of the
Revised Code as it existed
prior to July 1, 1996, a violation of
section 2919.23 of the
Revised Code that would have been a
violation of section 2905.04
of the Revised Code as it existed
prior to July 1, 1996, had the
violation been committed prior to
that date, a violation of
section 2925.11 of the Revised Code
that is not a minor drug
possession offense, two or more OVI or
OVUAC violations
committed within the three years immediately
preceding the
submission of the application or petition that is
the basis of the
request, or felonious sexual penetration in
violation
of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(8)(a) of
this section.
(9) Upon receipt
of a request
pursuant to section 5104.012
or 5104.013 of the
Revised Code, a completed
form prescribed
pursuant to division
(C)(1) of this section, and a
set of
fingerprint impressions
obtained in the manner described in
division (C)(2) of this
section, the superintendent of the bureau
of criminal
identification and investigation shall conduct a
criminal records
check in the manner described in division (B) of
this section to
determine whether any information exists that
indicates that the
person who is the subject of the request has
been convicted of or
pleaded guilty
to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,
2919.22, 2919.24, 2919.25, 2921.11,
2921.13, 2923.01, 2923.12,
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense, a violation of section
2923.02 or 2923.03 of
the Revised Code that relates to a crime
specified in this
division,
or a second
violation of section 4511.19 of the
Revised Code
within five
years of the date of application for
licensure or
certification.
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses or violations described in
division (A)(9)(a) of this section.
(10) Upon receipt of a request pursuant to section 5153.111
of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date, or a violation of section 2925.11 of the Revised Code
that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(10)(a) of
this section.
(11) On receipt of a request for a criminal records check
from an individual pursuant to section 4749.03 or 4749.06 of the
Revised Code, accompanied by a completed copy of the form
prescribed in division (C)(1) of this section and a set of
fingerprint impressions obtained in a manner described in division
(C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this
section to determine whether any information exists indicating
that the person who is the subject of the request has been
convicted of or pleaded guilty to a felony in this state or in any
other state. If the individual indicates that a firearm will be
carried in the course of business, the superintendent shall
require information from the federal bureau of investigation as
described in division (B)(2) of this section. The superintendent
shall report the findings of the criminal records check and any
information the federal bureau of investigation provides to the
director of public safety.
(12) On receipt of a request pursuant to section 1321.37,
1322.03,
1322.031, or 4763.05 of the Revised Code, a completed
form
prescribed pursuant to division (C)(1) of this section, and
a set
of fingerprint impressions obtained in the manner described
in
division (C)(2) of this section, the superintendent of the
bureau
of criminal identification and investigation shall conduct
a
criminal records check with respect to any person who has
applied
for a license, permit, or certification from the
department of
commerce or a division in the department. The
superintendent shall
conduct the criminal records check in the
manner described in
division (B) of this section to determine
whether any information
exists that indicates that the person who
is the subject of the
request previously has been convicted of or
pleaded guilty to any
of the following: a violation of section
2913.02, 2913.11,
2913.31, 2913.51, or 2925.03 of the Revised
Code; any other
criminal offense involving theft, receiving
stolen property,
embezzlement, forgery, fraud, passing bad
checks, money
laundering, or drug trafficking, or any criminal
offense involving
money or securities, as set forth in Chapters
2909., 2911., 2913.,
2915., 2921., 2923., and 2925. of the
Revised Code; or any
existing or former law of this state, any
other state, or the
United States that is substantially
equivalent to those offenses.
(13) On receipt of a request for a criminal records check
from the treasurer of state under section 113.041 of the Revised
Code or
from an individual under section 4701.08,
4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4730.101,
4730.14,
4730.28, 4731.081, 4731.15, 4731.171, 4731.222,
4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061,
4741.10,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051,
4762.031, 4762.06, or 4779.091 of the Revised Code,
accompanied
by
a completed form prescribed under division (C)(1)
of this
section
and a set of fingerprint impressions obtained in
the
manner
described in division (C)(2) of this section, the
superintendent
of the bureau of criminal identification and
investigation shall
conduct a criminal records check in the
manner described in
division (B) of this section to determine
whether any information
exists that indicates that the person who
is the subject of the
request has been convicted of or pleaded
guilty to any criminal
offense in this state or any other state.
The superintendent shall
send the results of a check requested
under section 113.041 of the Revised Code to the treasurer of
state and shall send the results of a check requested under any of
the other listed sections to the licensing board specified by the
individual in the request.
(14) On receipt of a request pursuant to section 1121.23,
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any criminal offense under any existing or former law of
this state, any other state, or the United States.
(15) Not later than thirty days after the date the
superintendent receives a request of a type described in
division
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10),
(11),
(12), or (14) of this section, the completed form, and
the
fingerprint
impressions, the superintendent shall send the
person,
board, or
entity that made the request any information,
other than
information the dissemination of which is prohibited
by federal
law, the superintendent determines exists with respect
to the
person who is the subject of the request that indicates
that the
person previously has been convicted of or pleaded
guilty to any
offense listed or described in division (A)(1),
(2), (3), (4),
(5), (6), (7), (8), (9), (10), (11), (12), or
(14) of this section, as
appropriate. The superintendent shall
send the person, board, or
entity that made the request a copy of
the list of offenses
specified in division (A)(1), (2), (3), (4),
(5), (6), (7), (8),
(9), (10), (11), (12), or (14) of this
section, as appropriate. If the
request was made under section
3701.881 of the Revised Code with
regard to an applicant who may
be both responsible for the care,
custody, or control of a child
and involved in providing direct
care to an older adult, the
superintendent shall provide a list of
the offenses specified in
divisions (A)(4) and (6) of this
section.
Not later than thirty days after the superintendent receives
a request for a criminal records check pursuant to section 113.041
of the Revised Code, the completed form, and the fingerprint
impressions, the superintendent shall send the treasurer of state
any information, other than information the dissemination of which
is prohibited by federal law, the superintendent determines exist
with respect to the person who is the subject of the request that
indicates that the person previously has been convicted of or
pleaded guilty to any criminal offense in this state or any other
state.
(B) The superintendent shall conduct any criminal records
check requested under section 113.041, 121.08, 173.27, 173.394,
1121.23, 1155.03, 1163.05, 1315.141,
1322.03,
1322.031, 1733.47,
1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,
3712.09,
3721.121, 3722.151, 4701.08, 4715.101,
4717.061,
4725.121,
4725.501, 4729.071, 4730.101, 4730.14,
4730.28,
4731.081,
4731.15, 4731.171, 4731.222, 4731.281,
4731.296,
4731.531,
4732.091, 4734.202, 4740.061, 4741.10,
4749.03,
4749.06,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051,
4762.031, 4762.06, 4763.05, 4779.091, 5104.012,
5104.013,
5111.032, 5111.033, 5111.034, 5123.081, 5126.28,
5126.281, or
5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the request, including, if the
criminal records check was requested under section 113.041,
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,
1321.37, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,
3301.541,
3319.39, 3701.881, 3712.09, 3721.121, 3722.151,
4749.03, 4749.06,
4763.05, 5104.012, 5104.013, 5111.032,
5111.033, 5111.034,
5123.081, 5126.28, 5126.281, or 5153.111 of
the Revised Code, any
relevant information contained in records
that have been sealed
under section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request, including fingerprint-based
checks of national crime information databases as described in 42
U.S.C. 671 if the request is made pursuant to section 2151.86,
5104.012, or 5104.013 of the Revised Code or if any other Revised
Code section requires fingerprint-based checks of that nature, and
shall review or cause to be
reviewed any information the
superintendent receives from that
bureau.
(3) The superintendent or the superintendent's designee may
request criminal history records from other states or the federal
government pursuant to the national crime prevention and privacy
compact set forth in section 109.571 of the Revised Code.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is requested under
section 113.041 of the Revised Code or required by
section
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,
1322.03, 1322.031, 1733.47, 1761.26, 2151.86,
3301.32,
3301.541,
3319.39, 3701.881, 3712.09, 3721.121, 3722.151,
4701.08,
4715.101, 4717.061, 4725.121, 4725.501,
4729.071,
4730.101,
4730.14, 4730.28, 4731.081, 4731.15, 4731.171,
4731.222,
4731.281, 4731.296, 4731.531, 4732.091, 4734.202,
4740.061,
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,
4760.032,
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,
5104.012, 5104.013,
5111.032,
5111.033, 5111.034, 5123.081,
5126.28, 5126.281, or
5153.111 of
the Revised Code. The form
that the superintendent
prescribes
pursuant to this division may
be in a tangible format,
in an
electronic format, or in both
tangible and electronic
formats.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is requested under section 113.041
of the Revised Code or required by section 121.08,
173.27,
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031,
1733.47, 1761.26, 2151.86, 3301.32, 3301.541,
3319.39,
3701.881,
3712.09, 3721.121, 3722.151, 4701.08,
4715.101,
4717.061,
4725.121, 4725.501, 4729.071, 4730.101,
4730.14,
4730.28,
4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296,
4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4749.03,
4749.06,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,
5104.013, 5111.032, 5111.033,
5111.034,
5123.081, 5126.28,
5126.281, or 5153.111 of the Revised
Code. Any
person for whom a
records check is requested under or required by any of
those
sections shall obtain the fingerprint impressions at a
county
sheriff's office, municipal police department, or any other
entity with the ability to make fingerprint impressions on the
standard impression sheets prescribed by the superintendent. The
office, department, or entity may charge the person a reasonable
fee for making the impressions. The standard impression sheets the
superintendent prescribes pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible and
electronic formats.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section
113.041, 121.08,
173.27, 173.394, 1121.23, 1155.03, 1163.05,
1315.141, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86,
3301.32,
3301.541,
3319.39, 3701.881, 3712.09, 3721.121,
3722.151,
4701.08, 4715.101, 4717.061, 4725.121,
4725.501,
4729.071,
4730.101,
4730.14, 4730.28, 4731.081,
4731.15,
4731.171,
4731.222, 4731.281,
4731.296, 4731.531,
4732.091,
4734.202,
4740.061, 4741.10, 4749.03, 4749.06,
4755.70,
4757.101,
4759.061, 4760.032, 4760.06, 4761.051, 4762.031,
4762.06,
4763.05, 4779.091, 5104.012, 5104.013, 5111.032,
5111.033,
5111.034,
5123.081, 5126.28, 5126.281, or 5153.111 of
the
Revised
Code. The
person making a criminal records request
under any of those sections
shall pay the
fee
prescribed
pursuant to this division. A
person
making a
request
under
section 3701.881 of the Revised Code
for
a criminal
records
check for an applicant who may be both
responsible for
the care,
custody, or control of a child and
involved in
providing direct
care to an older adult shall pay one
fee for the
request. In the
case of a request under section 1121.23, 1155.03, 1163.05,
1315.141, 1733.47, 1761.26, or
5111.032 of the
Revised Code,
the fee shall be paid in the manner
specified in
that section.
(4) The superintendent of the bureau of criminal
identification and investigation may prescribe methods of
forwarding fingerprint impressions and information necessary to
conduct a criminal records check, which methods shall include, but
not be limited to, an electronic
method.
(D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed or described in division
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or
(b),
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14)
of
this
section, or that indicates that
a person previously has
been
convicted of or pleaded guilty to any
criminal offense in
this
state or any other state regarding a
criminal records check
of a
type described in division (A)(13) of
this section, and
that is
made by the superintendent with respect to
information
considered in a criminal records check in accordance
with this
section is valid for the person who is the subject of
the
criminal
records check for a period of one year from the date
upon which
the superintendent makes the determination. During the
period in
which the determination in regard to a person is valid,
if another
request under this section is made for a criminal
records check
for that person, the superintendent shall provide
the information
that is the basis for the superintendent's
initial determination
at a lower fee than the fee prescribed for
the initial criminal
records check.
(E) As used in this section:
(1) "Criminal records check" means any criminal records check
conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with division (B)
of this section.
(2) "Minor drug possession offense" has the same meaning as
in
section 2925.01 of the Revised Code.
(3) "Older adult" means a person age sixty or older.
(4) "OVI or OVUAC violation" means a violation of section
4511.19 of the Revised Code or a violation of an existing or
former law of this state, any other state, or the United States
that is substantially equivalent to section 4511.19 of the Revised
Code.
Sec. 111.26. (A) It is hereby declared to be a public
purpose and function of the state to facilitate the conduct of
elections by assisting boards of elections in acquiring state
capital facilities consisting of marking devices and automatic
tabulating equipment for optical scan ballots. Those marking
devices and automatic tabulating equipment are designated as
capital facilities under sections 152.09 to 152.33 of the Revised
Code. The Ohio building authority is authorized to issue revenue
obligations under sections 152.09 to 152.33 of the Revised Code to
pay all or part of the cost of those state capital facilities as
are designated by law.
Boards of elections, due to their responsibilities related to
the proper conduct of elections under state law, are designated as
state agencies having jurisdiction over those state capital
facilities financed in part pursuant to this section and Chapter
152. of the Revised Code. It is hereby determined and declared
that voting machines financed in part under this section are for
the purpose of housing agencies of state government, their
functions and equipment.
(B) A county shall contribute to the cost of capital
facilities authorized under this section as provided below.
(C) Any lease of capital facilities authorized by this
section, the rentals of which are payable in whole or in part from
appropriations made by the general assembly, is governed by
division (D) of section 152.24 of the Revised Code. Such rentals
constitute available receipts as defined in section 152.09 of the
Revised Code and may be pledged for the payment of bond service
charges as provided in section 152.10 of the Revised Code.
(D) The county voting machine revolving lease/loan fund is
hereby
created in the state treasury. The fund shall consist of
the net
proceeds of obligations issued under sections 152.09 to
152.33 of
the Revised Code to finance a portion of those state
capital
facilities described in division (A) of this section, as
needed to
ensure sufficient moneys to support appropriations from
the fund.
Lease payments from counties made for those capital
facilities
financed in part from the fund and interest earnings
on the
balance in the fund shall be credited to the fund. Moneys
in the
fund shall be used for the purpose of acquiring a portion
of
additional capital facilities described in division (A) of
this
section at the request of the applicable board of elections.
Participation in the fund by a board of county commissioners
shall be voluntary.
The secretary of state shall administer the county voting
machine revolving lease/loan fund in accordance with this section
and
shall enter into any lease or other agreement with the
department
of administrative services necessary or appropriate to
accomplish
the purposes of this section.
(E) Acquisitions made under this section shall provide not
more than fifty per cent of the estimated total cost of a board of
county commissioners' purchase of marking devices and automatic
tabulating equipment for optical scan ballots.
The secretary of state shall adopt rules for the
implementation of the acquisition and lease program established
under this section, which rules shall require that the secretary
of state approve any acquisition of marking devices and automatic
tabulating equipment using money made available under this
section. An acquisition for any one board of county commissioners
shall not exceed five million dollars and shall be made only for
equipment purchased on or after March 31, 2008. Any costs incurred
on or after January 1, 2008, may be considered as the county cost
percentage for the purpose of an acquisition made under this
section.
Counties shall lease from the secretary of state the capital
facilities financed in part from the county voting machine
revolving lease/loan fund and may enter into any agreements
required
under the applicable bond proceedings. All equipment
purchased
through this fund shall remain the property of the
state until all
payments under the applicable county lease have
been made at which
time ownership shall transfer to the county.
Costs associated with
the maintenance, repair, and operation of
the voting machines
purchased under this section shall be the
responsibility of the
participating boards of elections and
boards of county
commissioners.
Such lease may obligate the counties, as using state agencies
under Chapter 152. of the Revised Code, to operate the capital
facilities for such period of time as may be specified by law and
to pay such rent as the secretary of state determines to be
appropriate. Notwithstanding any other provision of the Revised
Code to the contrary, any county may enter into such a lease, and
any such lease is legally sufficient to obligate the county for
the term stated in the lease. Any such lease constitutes an
agreement described in division (E) of section 152.24 of the
Revised Code.
(F) As used in this section:
(1) "Automatic tabulating equipment" and "marking device"
have the same meanings as in section 3506.01 of the Revised Code.
(2) "Optical scan ballot" has the same meaning as in section
3506.21 of the Revised Code.
Sec. 117.54. When conducting an audit under section 117.11 of
the Revised Code of a city, local, or exempted village school
district, a community school established under Chapter 3314. of
the Revised Code, or a STEM school established under Chapter 3326.
of the Revised Code, the auditor of state shall determine both of
the following:
(A) Whether the school district, community school, or STEM
school has adopted and submitted a spending plan under section
3306.30 and, if applicable, section 3306.31 of the Revised Code
and that spending plan complies with the spending requirements of
Chapter 3306. of the Revised Code;
(B) Whether the school district, community school, or STEM
school has adopted a plan to implement recommendations of a
performance audit conducted under section 3306.32 or 3316.042 of
the Revised Code.
The auditor of state shall record these determinations in the
audit report.
Sec. 118.05. (A) Pursuant to the powers of the general
assembly and for the purposes of this chapter, upon the
occurrence
of a fiscal emergency in any municipal
corporation, county, or
township, as
determined pursuant to section 118.04 of the Revised
Code, there
is established, with respect to that municipal
corporation, county, or township, a body both
corporate and
politic constituting an agency and instrumentality
of the state
and performing essential governmental functions of
the state to be
known as the "financial planning and supervision
commission for
............... (name of municipal corporation,
county, or
township)," which, in that
name, may exercise all authority vested
in such a commission by
this chapter. A separate commission is
established with respect
to each municipal corporation, county, or
township
as to which there is a fiscal emergency as
determined
under this chapter.
(B) A commission shall consist of the following seven voting
members:
(1) Four ex officio members: the treasurer of
state; the
director of budget and management; in the case of a municipal
corporation, the mayor of the municipal
corporation and the
presiding officer of the legislative
authority of the municipal
corporation;
in the case of a county, the president of the board
of
county commissioners and the county auditor; and in the
case of
a township, a member of the
board of township trustees and the
county auditor.
The treasurer of state may designate a deputy treasurer or
director within the office of the treasurer of state or any other
appropriate person who is not an employee of the treasurer of
state's
office; the
director of budget and management may
designate an individual
within the office of budget and
management
or any other appropriate person who is not an employee of the
office of budget and management; the mayor may designate a
responsible
official within
the mayor's office or the fiscal
officer of the municipal
corporation;
the presiding officer of the
legislative authority of the
municipal corporation may designate
any other member of the
legislative authority;
the board of county
commissioners may designate any other
member of the board or the
fiscal officer of the county; and the
board of township trustees
may designate any other member of the
board or the fiscal officer
of the township
to attend the meetings of the commission
when the
ex officio member is absent or
unable for any reason to attend. A
designee, when present, shall
be counted in determining whether a
quorum is present at any
meeting of the commission and may vote
and participate in all
proceedings and actions of the commission.
The designations
shall be in writing, executed by the ex officio
member or entity
making the
designation, and filed with the
secretary of the commission. The
designations may be changed from
time to time in like manner, but
due regard shall be given to the
need for continuity.
(2) Three If a municipal corporation, county, or township
has a population of at least one thousand, three members nominated
and appointed as follows:
The mayor and presiding officer of the legislative
authority
of the municipal corporation, the board of
county commissioners,
or the board of township trustees shall, within ten
days after the
determination of the fiscal emergency by the auditor of state
under section 118.04 of the Revised Code, submit in writing to
the
governor the nomination of five persons agreed to by
them and
meeting the qualifications set forth in this division. If the
governor is not satisfied that at least three of the nominees are
well qualified, the governor shall notify the mayor and presiding
officer,
or the board of county commissioners, or the board of
township trustees
to submit in writing, within five days,
additional
nominees agreed upon by them, not exceeding three. The
governor shall
appoint three
members from all the agreed-upon
nominees so submitted or a
lesser
number that the governor
considers well qualified within thirty days after
receipt of the
nominations, and shall fill any
remaining positions on the
commission by appointment of any other
persons meeting the
qualifications set forth in this division.
All appointments by
the governor shall be made with the advice
and consent of the
senate. Each of the three appointed members
shall serve during the
life of the commission, subject to removal
by the governor for
misfeasance, nonfeasance, or malfeasance in
office. In the event
of the death, resignation, incapacity,
removal, or ineligibility
to serve of an appointed member, the
governor, pursuant to the
process for original appointment, shall
appoint a successor.
(3) If a municipal corporation, county, or township has a
population of less than one thousand, one member nominated and
appointed as follows:
The mayor and presiding officer of the legislative authority
of the municipal corporation, the board of county commissioners,
or the board of township trustees shall, within ten days after the
determination of the fiscal emergency by the auditor of state
under section 118.04 of the Revised Code, submit in writing to the
governor the nomination of three persons agreed to by them and
meeting the qualifications set forth in this division. If the
governor is not satisfied that at least one of the nominees is
well qualified, the governor shall notify the mayor and presiding
officer, or the board of county commissioners, or the board of
township trustees to submit in writing, within five days,
additional nominees agreed upon by them, not exceeding three. The
governor shall appoint one member from all the agreed-upon
nominees so submitted or shall fill the position on the commission
by appointment of any other person meeting the qualifications set
forth in this division. All appointments by the governor shall be
made with the advice and consent of the senate. The appointed
member shall serve during the life of the commission, subject to
removal by the governor for misfeasance, nonfeasance, or
malfeasance in office. In the event of the death, resignation,
incapacity, removal, or ineligibility to serve of the appointed
member, the governor, pursuant to the process for original
appointment, shall appoint a successor.
Each of the three appointed members member shall be an
individual:
(a) Who has knowledge and experience in financial matters,
financial management, or business organization or operations,
including at least five years of experience in the private sector
in the management of business or financial enterprise or in
management consulting, public accounting, or other professional
activity;
(b) Whose residency, office, or principal place of
professional or business activity is situated within the municipal
corporation, county, or township;
(c) Who has not, at any time during the five years
preceding
the date of appointment, held any elected public office.
An
appointed member of the commission shall not become a
candidate
for elected public office while serving as a member of
the
commission.
(C) Immediately after appointment of the initial three
appointed member or members of
the commission, the governor shall
call the
first meeting of the commission and shall cause written
notice of
the time, date, and place of the first meeting to be
given to
each member of the commission at least forty-eight hours
in
advance of the meeting.
(D) The director of budget and management shall
serve as
chairperson of the commission. The commission shall
elect one of
its members to serve as
vice-chairperson and may appoint a
secretary and any other officers, who need not be members of the
commission, it considers necessary.
(E) The commission may adopt and alter bylaws and rules,
which shall not be subject to section 111.15 or Chapter 119. of
the Revised Code, for the conduct of its affairs and for the
manner, subject to this chapter, in which its powers and
functions
shall be exercised and embodied.
(F) Five Four members of the a commission established
pursuant to divisions (B)(1) and (2) of this section constitute a
quorum of
the commission.
The affirmative vote of five four
members of the
such a
commission
is necessary for any action
taken by vote of
the
commission. Three
members of a commission
established
pursuant to divisions (B)(1) and (3) of this section
constitute a quorum of
the commission. The affirmative
vote of
three members of such a
commission is necessary for any
action
taken by vote of the
commission. No vacancy in the
membership
of the commission shall
impair the rights of a quorum
by such
vote to exercise all the
rights and perform all the duties
of the
commission. Members of
the commission, and their designees,
are
not disqualified from
voting by reason of the functions of the
other office they hold
and are not disqualified from exercising
the functions of the
other office with respect to the municipal
corporation,
county,
or township, its officers, or
the
commission.
(G) The auditor of state shall serve as
the "financial
supervisor" to the
commission unless the auditor of state elects
to contract for that
service. As used
in this chapter, "financial
supervisor" means the auditor
of state.
(H) At the request of the commission, the auditor of state
shall designate employees of the auditor of state's office
to
assist the commission
and the financial supervisor and to
coordinate the work of the
auditor of state's office and the
financial supervisor. Upon the
determination of a fiscal emergency
in any municipal
corporation, county, or township, the
municipal
corporation, county, or township shall
provide the commission with
such reasonable
office space in the principal building housing
city, county, or
township government,
where feasible, as it
determines is necessary to carry out its
duties under this
chapter.
(I) The financial supervisor, the members of the
commission,
the auditor of state, and any person authorized to
act on behalf
of or assist them shall not be personally liable or
subject to any
suit, judgment, or claim for damages resulting
from the exercise
of or failure to exercise the powers, duties,
and functions
granted to them in regard to their functioning
under this chapter,
but the commission, the financial supervisor,
the auditor of
state, and those other persons shall be
subject to
mandamus
proceedings to compel performance of their duties under
this
chapter and with respect to any debt obligations issued
pursuant
or subject to this chapter.
(J) At the request of the commission, the administrative
head
of any state agency shall temporarily assign personnel
skilled in
accounting and budgeting procedures to assist the
commission or
the financial supervisor in its duties as financial
supervisor.
(K) The appointed members of the commission are not
subject
to section 102.02 of the Revised Code. Each appointed
member of
the commission shall file with the commission a signed
written
statement setting forth the general nature of sales of
goods,
property, or services or of loans to the
municipal corporation,
county, or township with
respect to which that commission is
established, in which the
appointed
member has a pecuniary
interest or in which any member of the
appointed member's
immediate family, as defined in section 102.01 of the Revised
Code, or any corporation, partnership, or enterprise of which the
appointed member
is an officer, director, or partner, or of which
the appointed
member or a member
of the appointed member's
immediate family, as so defined, owns
more than a five per
cent
interest, has a pecuniary interest, and of which sale, loan,
or
interest such member has knowledge. The statement shall be
supplemented from time to time to reflect changes in the general
nature of any such sales or loans.
Sec. 120.08. There is hereby created in the state treasury
the indigent defense support fund, consisting of money paid into
the fund pursuant to section sections 4507.45, 4509.101, 4510.22,
and 4511.19 of the
Revised Code and
pursuant to section sections
2937.22, 2949.091, and 2949.094 of the Revised Code
out of the
additional court costs imposed under that section those sections.
The
state
public defender shall use at least ninety per cent of
the money in the fund for
the
purpose
of reimbursing county
governments for expenses
incurred
pursuant
to sections 120.18,
120.28, and 120.33 of the
Revised
Code.
Disbursements from the
fund to county governments
shall be
made
in each state fiscal
at least once per year and
shall be allocated
proportionately
so that each county receives
an equal percentage
of its total
cost for operating its county
public defender
system,
its joint
county public defender
system, or its county
appointed
counsel
system, or its system
operated under division (C)(7) of section
120.04 of the Revised
Code and division (B) of section 120.33 of
the Revised Code. The
state public defender may use not more than
ten per cent of the
money in the fund for the purposes of
appointing assistant state
public defenders or for providing
other
personnel, equipment, and
facilities necessary for the
operation
of the state public
defender office.
Sec. 120.52. (A) There is hereby established in the state
treasury the legal aid fund, which that shall be for the
charitable
public purpose of providing financial assistance to
legal aid
societies that provide civil legal services to
indigents. The
fund
shall contain all funds credited to it by the
treasurer of
state
pursuant to sections 1901.26, 1907.24,
2303.201, 2315.50, 3953.231,
4705.09,
and 4705.10 of the Revised
Code.
(B) The treasurer of state may invest moneys contained in the
legal aid fund in any manner authorized by the Revised Code for
the investment of state moneys. However, no such investment
shall
interfere with any apportionment, allocation, or payment of
moneys
as required by
section 120.53 of the Revised Code.
(C) The state public defender, through the Ohio legal
assistance foundation, shall administer the payment of moneys out
of the fund. Four and one-half per cent of the moneys in the
fund
shall be reserved for the Ohio legal assistance foundation for the
actual, reasonable costs of
administering sections 120.51 to
120.55 and sections 1901.26, 1907.24, 2303.201, 2315.50, 3953.231,
4705.09,
and
4705.10 of the Revised Code. Moneys that are
reserved for
administrative costs but that are not used for
actual, reasonable
administrative costs shall be set aside for use
in the manner
described in division (A) of section
120.521 of the
Revised Code.
The remainder of the moneys in the legal aid fund
shall be
distributed in accordance with section 120.53 of the
Revised
Code.
The Ohio legal assistance foundation shall be
responsible for
administering the programs established under
sections 1901.26,
1907.24, 2303.201, 2315.50, 3953.231, 4705.09,
and 4705.10 of the Revised
Code. The Ohio legal assistance
foundation shall establish, in
accordance with Chapter 119. of
the Revised Code, rules
governing
the administration of the legal
aid fund, including the programs
established under sections
1901.26, 1907.24, 2303.201, 2315.50, 3953.231,
4705.09, and
4705.10 of the
Revised Code regarding interest on
interest-bearing trust accounts of an
attorney, law firm, or legal
professional association.
Sec. 120.53. (A) A legal aid society that operates within
the state may apply to the Ohio legal assistance foundation for
financial assistance from the legal aid fund established by
section 120.52 of the Revised Code to be used for the funding of
the society during the calendar year following the calendar year
in which application is made.
(B) An application for financial assistance made under
division (A) of this section shall be submitted by the first day
of November of the calendar year preceding the calendar year for
which financial assistance is desired and shall include all of
the
following:
(1) Evidence that the applicant is incorporated in this
state
as a nonprofit corporation;
(2) A list of the trustees of the applicant;
(3) The proposed budget of the applicant for these funds
for
the following calendar year;
(4) A summary of the services to be offered by the
applicant
in the following calendar year;
(5) A specific description of the territory or
constituency
served by the applicant;
(6) An estimate of the number of persons to be served by
the
applicant during the following calendar year;
(7) A general description of the additional sources of the
applicant's funding;
(8) The amount of the applicant's total budget for the
calendar year in which the application is filed that it will
expend in that calendar year for legal services in each of the
counties it serves;
(9) A specific description of any services, programs,
training, and legal technical assistance to be delivered by the
applicant or by another person pursuant to a contract with the
applicant, including, but not limited to, by private attorneys or
through reduced fee plans, judicare panels, organized pro bono
programs, and mediation programs.
(C) The Ohio legal assistance foundation shall determine
whether each applicant that filed an application for financial
assistance under division (A) of this section in a calendar year
is eligible for financial assistance under this section. To be
eligible for such financial assistance, an applicant shall
satisfy
the criteria for being a legal aid society and shall be in
compliance
with the provisions of sections 120.51 to 120.55 of the
Revised Code and with
the rules and requirements the foundation
establishes pursuant to section
120.52 of the Revised Code. The
Ohio legal assistance foundation then, on or
before the fifteenth
day
of December of the calendar year in which the application is
filed, shall notify each such applicant, in writing, whether it
is
eligible for financial assistance under this section, and if
it is
eligible, estimate the amount that will be available for
that
applicant for each six-month distribution period, as
determined
under division (D) of this section.
(D) The Ohio legal assistance foundation shall allocate
moneys contained in the legal aid fund monthly for
distribution to
applicants that filed their applications in the
previous calendar
year and are determined to be eligible
applicants.
All moneys contained in the fund on the first day of
each
month shall be allocated, after deduction of
the costs of
administering sections 120.51 to 120.55 and sections
1901.26,
1907.24, 2303.201, 2315.50, 3953.231, 4705.09, and 4705.10 of the
Revised Code that are authorized by
section 120.52 of the Revised
Code, according to this section and
shall be distributed
accordingly not later than the last day of the month following the
month the moneys were received. In making the allocations under
this section, the moneys in the fund
that were generated pursuant
to sections 1901.26, 1907.24, 2303.201, 2315.50, 3953.231,
4705.09, and 4705.10 of the Revised Code shall be apportioned as
follows:
(1) After deduction of the amount authorized and used for
actual, reasonable administrative costs under section 120.52 of
the Revised Code:
(a) Five per cent of the moneys remaining in the fund shall
be reserved for use in the manner described in division (A) of
section 120.521 of the Revised Code or for distribution to legal
aid societies
that provide assistance to special population groups
of their
eligible clients, engage in special projects that have a
substantial impact on their local service area or on significant
segments of the state's poverty population, or provide legal
training or support to other legal aid societies in the state;
(b) After deduction of the amount described in division
(D)(1)(a) of this section, one and three-quarters per cent of the
moneys remaining in the fund shall be apportioned among entities
that received financial assistance from the legal aid fund prior
to the effective date of this amendment July 1, 1993, but that, on
and after
the effective date of this amendment July 1, 1993, no
longer qualify as a
legal aid society that is eligible for
financial assistance under
this section.
(c) After deduction of the amounts described in divisions
(D)(1)(a) and (b) of this section, fifteen per cent of the moneys
remaining in the fund shall be placed in the legal assistance
foundation fund for use in the manner described in division (A) of
section 120.521 of the Revised Code.
(2) After deduction of the actual, reasonable
administrative
costs under section 120.52 of the Revised Code and
after deduction
of the amounts identified in divisions (D)(1)(a), (b), and (c) of
this section, the remaining moneys shall be
apportioned among the
counties that are served by eligible legal
aid societies that have
applied for financial assistance under
this section so that each
such county is apportioned a portion of
those moneys, based upon
the ratio of the number of indigents who
reside in that county to
the total number of indigents who reside
in all counties of this
state that are served by eligible legal
aid societies that have
applied for financial assistance under
this section. Subject to
division (E) of this section, the
moneys apportioned to a county
under this division then shall be
allocated to the eligible legal
aid society that serves the
county and that has applied for
financial assistance under this
section. For purposes of this
division, the source of data
identifying the number of indigent
persons who reside in a county
shall be the most recent decennial
census figures from the United
States department of commerce,
division of census.
(E) If the Ohio legal assistance foundation, in attempting
to
make an allocation of moneys under division (D)(2) of this
section, determines that a county that has been apportioned money
under that division is served by more than one eligible legal aid
society that has applied for financial assistance under this
section, the Ohio legal assistance foundation shall allocate the
moneys that have been apportioned to that county under division
(D)(2) of this section among all eligible legal aid societies
that
serve that county and that have applied for financial
assistance
under this section on a pro rata basis, so that each
such eligible
society is allocated a portion based upon the
amount of its total
budget expended in the prior calendar year
for legal services in
that county as compared to the total amount
expended in the prior
calendar year for legal services in that
county by all eligible
legal aid societies that serve that county
and that have applied
for financial assistance under this
section.
(F) Moneys allocated to eligible applicants under this
section shall be paid monthly beginning the calendar year
following the calendar year in which the application is filed.
(G)(1) A legal aid society that receives financial
assistance
in any calendar year under this section shall file an
annual
report with the Ohio legal assistance foundation detailing
the
number and types of cases handled, and the amount and types
of
legal training, legal technical assistance, and other service
provided, by means of that financial assistance. No information
contained in the report shall identify or enable the
identification of any person served by the legal aid society or
in
any way breach client confidentiality.
(2) The Ohio legal assistance foundation shall make an
annual
report to the governor, the general assembly, and the
supreme
court on the distribution and use of the legal aid fund. The
foundation also shall include in the annual report an audited
financial
statement of all gifts, bequests, donations,
contributions, and other moneys
the foundation receives. No
information contained in the report shall
identify or enable
the
identification of any person served by a legal aid society,
or in
any way breach confidentiality.
(H) A legal aid society may enter into agreements for the
provision of services, programs, training, or legal technical
assistance for the legal aid society or to indigent persons.
Sec. 121.04. Offices are created within the several
departments as follows:
In the department of commerce:
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Commissioner of securities; |
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Superintendent of real estate and professional licensing; |
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Superintendent of financial institutions; |
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State fire marshal; |
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Superintendent of labor and worker safety; |
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Superintendent of liquor control; |
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Superintendent of industrial compliance; |
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Superintendent of unclaimed funds. |
In the department of administrative services:
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State architect and engineer; |
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Equal employment opportunity coordinator. |
In the department of agriculture:
Chiefs of divisions as follows:
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Administration; |
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Animal industry; |
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Dairy; |
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Food safety; |
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Plant industry; |
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Markets; |
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Meat inspection; |
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Consumer analytical laboratory; |
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Amusement ride safety; |
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Enforcement; |
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Weights and measures. |
In the department of natural resources:
Chiefs of divisions as follows:
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Water; |
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Mineral resources management; |
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Forestry; |
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Natural areas and preserves; |
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Wildlife; |
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Geological survey; |
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Parks and recreation; |
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Watercraft; |
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Recycling and litter prevention; |
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Soil and water conservation; |
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Real estate and land management; |
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Engineering. |
In the department of insurance:
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Deputy superintendent of insurance; |
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Assistant superintendent of insurance, technical; |
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Assistant superintendent of insurance,
administrative; |
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Assistant superintendent of insurance, research. |
Sec. 121.08. (A) There is hereby created in the
department
of commerce the position of deputy director of
administration.
This officer shall be appointed by the director of commerce,
serve
under the director's direction,
supervision, and control, perform
the duties the director
prescribes, and hold office during the
director's pleasure.
The director of commerce may designate an
assistant director of
commerce to serve as the deputy director of
administration. The deputy director of administration shall
perform the
duties prescribed by the director of commerce
in
supervising the
activities of the division of administration of
the department of
commerce.
(B) Except as provided in section 121.07 of the Revised
Code,
the department of commerce shall have all powers and perform
all
duties vested in the deputy director of administration, the
state
fire
marshal,
the superintendent of financial institutions,
the
superintendent of real
estate and professional licensing, the
superintendent of liquor control, the superintendent of
industrial compliance, the superintendent of labor and
worker
safety, the superintendent of unclaimed funds, and the
commissioner of
securities, and shall have
all powers and perform
all duties
vested by law in all officers,
deputies, and employees
of those
offices. Except as provided in
section 121.07 of the
Revised
Code, wherever powers are conferred
or duties imposed upon
any of
those officers, the powers and
duties shall be construed as
vested in the department of commerce.
(C)(1) There is hereby created in the department of commerce
a
division of financial institutions, which shall have all powers
and perform all
duties vested by law in the superintendent of
financial institutions.
Wherever
powers are conferred or duties
imposed upon the superintendent of
financial institutions, those
powers and duties shall be construed
as vested in the
division of
financial institutions. The division of
financial institutions
shall be administered
by the superintendent of financial
institutions.
(2) All provisions of law governing the superintendent of
financial institutions
shall apply to and govern the
superintendent of financial institutions
provided
for in this
section; all authority vested by law in the
superintendent of
financial institutions with respect to the
management of the
division of financial institutions shall be construed as vested in
the
superintendent of financial institutions created by this
section
with respect to
the division of financial institutions
provided for in this
section; and all
rights, privileges, and
emoluments conferred by law upon the
superintendent of financial
institutions shall be construed as
conferred upon the
superintendent of financial institutions as head of the division
of financial institutions. The
director of commerce shall not
transfer from the division of financial
institutions any of the
functions specified in division
(C)(2) of this
section.
(D) There is hereby created in
the department of commerce a
division of liquor control, which
shall have all
powers and
perform all duties vested by law in the
superintendent of liquor
control. Wherever powers are conferred
or duties are imposed upon
the
superintendent of liquor
control,
those powers and duties
shall be construed as vested in the
division
of liquor control.
The division of liquor control shall
be administered by the
superintendent of liquor control.
(E) The director of commerce shall not be interested,
directly or indirectly,
in any firm or corporation which is a
dealer in
securities as defined in sections 1707.01 and 1707.14 of
the
Revised Code, or in any firm or corporation licensed under
sections 1321.01 to 1321.19 of the Revised Code.
(F) The director of commerce shall not have any official
connection
with a savings and
loan association, a savings bank, a
bank, a bank holding company, a savings
and loan association
holding company, a consumer finance company, or a credit
union
that is under the supervision of the division of financial
institutions, or a subsidiary of any
of the preceding entities, or
be interested in the business thereof.
(G) There is hereby created in the state treasury the
division
of administration fund. The fund shall receive
assessments on
the operating funds of the department of commerce
in accordance
with procedures prescribed by the director of
commerce and
approved by the director of budget and management.
All operating
expenses of the division of administration shall be
paid from the
division of administration fund.
(H) There is hereby created in the department of commerce a
division of real
estate and professional licensing, which shall be
under the control and
supervision of the director of commerce.
The
division of real estate and
professional licensing shall be
administered by the superintendent of real
estate and professional
licensing. The superintendent of real estate and
professional
licensing shall exercise the powers and perform the functions and
duties delegated to the superintendent under Chapters
4735.,
4763., and 4767. of the Revised Code.
(I) There is hereby created in the department of commerce a
division
of labor and worker safety, which shall have all powers
and perform all
duties vested by law in the superintendent of
labor and worker safety.
Wherever powers are conferred or duties
imposed upon the superintendent
of labor and worker safety, those
powers and duties shall be
construed as vested in the division of
labor and worker safety.
The division of labor and worker safety
shall be under the control
and supervision of the director of
commerce
and be administered by the
superintendent of labor and
worker safety.
The superintendent of
labor and worker safety shall
exercise the
powers and perform the
duties delegated to the
superintendent by
the director under
Chapters
4109.,
4111., and
4115. of the
Revised Code.
(J) There is hereby created in the department of commerce a
division of unclaimed funds, which shall have all powers and
perform all duties delegated to or vested by law in the
superintendent of unclaimed funds. Wherever powers are conferred
or duties imposed upon the superintendent of unclaimed funds,
those powers and duties shall be construed as vested in the
division of unclaimed funds. The division of unclaimed funds
shall
be under the control and supervision of the director of
commerce
and shall be administered by the superintendent of
unclaimed
funds. The superintendent of unclaimed funds shall
exercise the
powers and perform the functions and duties delegated
to the
superintendent by the director of commerce under section
121.07
and Chapter 169. of the Revised Code, and as may otherwise
be
provided by law.
(K) The department of commerce or a division of the
department created by the Revised Code that is acting with
authorization on the department's behalf may request from the
bureau of criminal identification and
investigation pursuant to
section 109.572 of the Revised Code, or
coordinate with
appropriate federal, state, and local government
agencies to
accomplish, criminal records checks for the persons
whose
identities are required to be disclosed by an applicant for
the
issuance or transfer of a permit, license, certificate of
registration, or certification issued or transferred by the
department or division. At or before
the time of making a request
for a criminal
records check, the
department or division may
require any person whose identity is required to be
disclosed by
an applicant for the issuance or transfer of
such a license,
permit, certificate of registration, or certification to submit to
the department or division valid fingerprint
impressions in a
format and by any
media or means acceptable to
the bureau of
criminal identification
and investigation and, when
applicable,
the federal bureau of
investigation. The department or division
may
cause the bureau of criminal identification and investigation
to
conduct a criminal records check through the federal bureau of
investigation only if the person for whom the criminal records
check would be conducted resides or works outside of this state or
has resided or worked outside of this state during the preceding
five years, or if a criminal records check conducted by the bureau
of criminal identification and investigation within this state
indicates that the person may have a criminal record outside of
this state.
In the case of a criminal records check under section
109.572
of the Revised Code, the department or division shall forward to
the
bureau of criminal identification and investigation the
requisite
form, fingerprint impressions, and fee described in
division (C)
of that section. When requested by the department or
division in accordance
with this section, the bureau of
criminal
identification and
investigation shall request from the
federal
bureau of
investigation any information it has with
respect to the
person
who is the subject of the requested criminal
records check
and
shall forward the requisite fingerprint
impressions and
information to the federal bureau of investigation
for that
criminal records check. After conducting a criminal
records check
or receiving the results of a criminal records check
from the
federal bureau of investigation, the bureau of criminal
identification and investigation shall provide the results to the
department or division.
The department or division may require any person about whom
a criminal
records check is requested to pay to the department or
division the amount
necessary to cover the fee charged to the
department or division by the bureau
of criminal identification
and investigation under division (C)(3)
of section 109.572 of the
Revised Code, including, when
applicable, any fee for a
criminal
records check conducted by the
federal bureau of
investigation.
Sec. 121.083. The superintendent of the division
of
industrial compliance labor in the department of
commerce shall do
all of the following:
(A) Administer and enforce the general laws of this state
pertaining to buildings,
pressure piping, boilers, bedding,
upholstered furniture, and stuffed
toys, steam engineering,
elevators, plumbing, licensed occupations regulated
by the
department, and travel agents, as they apply to plans review,
inspection, code enforcement, testing, licensing, registration,
and
certification.
(B) Exercise the powers and perform the duties delegated to
the superintendent by the director of commerce under Chapters
4109., 4111., and 4115. of the Revised Code.
(C) Collect and collate statistics as are
necessary.
(C)(D) Examine and license persons who desire to act as steam
engineers, to operate steam boilers, and to act as inspectors of
steam boilers, provide for the scope, conduct, and time of such
examinations, provide for, regulate, and enforce the renewal and
revocation of such licenses, inspect and examine steam boilers
and
make, publish, and enforce rules and orders for
the construction,
installation, inspection, and operation of
steam boilers, and do,
require, and enforce all things necessary
to make such
examination, inspection, and requirement efficient.
(D)(E) Rent and furnish offices as needed in cities in this
state for the conduct of its affairs.
(E)(F) Oversee a
chief of construction and compliance, a
chief of operations and maintenance, a
chief of licensing and
certification, a chief of worker protection, and other designees
appointed by the
director of commerce to perform the duties
described in this section.
(F)(G) Enforce the rules the board of building standards
adopts pursuant to division (A)(2) of section 4104.43 of the
Revised Code under the circumstances described in division (D) of
that section.
(G)(H) Accept submissions, establish a fee for submissions,
and review submissions of certified welding and brazing procedure
specifications, procedure qualification records, and performance
qualification records for building services piping as required by
section 4104.44 of the Revised Code.
Sec. 121.084. (A) All moneys collected
under sections
3783.05, 3791.07,
4104.07, 4104.18, 4104.44,
4105.17, 4105.20,
4169.03, 4171.04,
and 5104.051 of the
Revised Code, and
any other
moneys collected by the division of
industrial
compliance labor
shall be paid into the state
treasury to the
credit of
the
industrial compliance labor operating
fund, which is
hereby
created.
The
department of commerce shall use the
moneys in
the
fund for
paying the operating expenses of the
division and the
administrative assessment described in
division (B) of this
section.
(B) The director of commerce, with the approval of the
director
of budget and management, shall prescribe procedures for
assessing the
industrial compliance labor operating fund a
proportionate
share of the
administrative costs of the department
of commerce.
The assessment shall be
made in accordance with those
procedures
and be paid from the industrial
compliance labor
operating fund to the
division of administration fund created in
section 121.08 of the
Revised Code.
Sec. 121.40. (A) There is hereby created the
Ohio
community
service council consisting of twenty-one voting members
including
the
superintendent of public instruction or the
superintendent's
designee, the chancellor of the Ohio board of
regents or
the
chancellor's designee, the director of youth
services
or the
director's designee, the director of aging or
the
director's
designee, the
chairperson of the committee of the
house
of
representatives dealing
with education or the
chairperson's
designee, the
chairperson of the committee of the
senate dealing
with
education or the chairperson's designee, and
fifteen
members
who
shall be appointed by the governor with the
advice
and
consent of the senate and who shall serve terms of
office of three
years.
The appointees shall include educators,
including teachers
and administrators;
representatives of youth
organizations;
students and parents; representatives
of
organizations engaged in
volunteer program development and
management throughout the state,
including youth and conservation
programs; and representatives of
business, government, nonprofit
organizations, social service
agencies, veterans organizations,
religious organizations, or
philanthropies that support or
encourage volunteerism within the
state. The director of the governor's office of faith-based and
community initiatives shall serve as a nonvoting ex officio member
of the council. Members of the
council
shall receive no
compensation, but
shall be reimbursed for
actual
and necessary
expenses incurred in
the performance of their
official duties.
(B) The council shall appoint, with the advice and consent of
the governor, an executive director for
the
council, who
shall be
in the unclassified civil service. The
executive director shall
supervise the council's activities and
report to
the council on
the
progress of those activities. The
executive director
shall do
all things necessary for the efficient
and effective
implementation
of the duties of the council.
The responsibilities assigned to the executive director do
not relieve the
members of the council from final responsibility
for the proper performance of
the requirements of this
section.
(C) The council or its
designee shall do
all of the
following:
(1) Employ, promote, supervise, and
remove all employees as
needed in connection with the performance of its
duties
under this
section and may assign duties to those employees as necessary to
achieve the most efficient performance of its functions, and to
that end may
establish, change, or abolish positions, and assign
and reassign duties and
responsibilities of any employee of the
council. Personnel employed by the
council who are subject to
Chapter 4117. of
the Revised
Code shall retain all of their rights
and
benefits conferred pursuant to that chapter. Nothing in this
chapter shall be
construed as eliminating or interfering with
Chapter 4117. of the
Revised Code
or the rights and benefits
conferred under that chapter to public employees or
to any
bargaining unit.
(2) Maintain its office in Columbus,
and may hold sessions
at
any place within the state;
(3) Acquire facilities, equipment, and supplies necessary to
house the
council, its employees, and files and records under its
control, and to
discharge any duty imposed upon it by law. The
expense of these acquisitions
shall be audited and paid for in the
same manner as other state expenses. For
that purpose, the
council
shall prepare and submit to the office of budget and
management a
budget for each biennium according to sections
101.532 and 107.03
of the Revised
Code. The budget submitted
shall cover the
costs of
the council and its staff in the
discharge of any duty imposed
upon
the council by law. The
council shall not delegate any
authority to obligate
funds.
(4) Pay its own payroll and other operating expenses from
line items
designated by the general assembly;
(5) Retain its fiduciary responsibility as appointing
authority. Any
transaction instructions shall be certified by the
appointing authority or its
designee.
(6) Establish the overall policy and management of the
council in
accordance with this chapter;
(7) Assist in coordinating and preparing the state
application for funds under sections 101 to 184 of the
"National
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42
U.S.C.A. 12411 to 12544,
as amended, assist
in administering and
overseeing the
"National and Community
Service Trust Act of 1993,"
P.L.
103-82, 107 Stat. 785, and the
americorps program in this
state, and assist in
developing
objectives for a comprehensive
strategy to encourage
and expand
community service programs
throughout the state;
(8) Assist the state board of education, school districts,
the chancellor of the board of regents, and institutions of higher
education in
coordinating community service education programs
through
cooperative efforts between institutions and organizations
in the
public and private sectors;
(9) Assist the departments of natural resources, youth
services, aging, and job and family services in
coordinating
community
service programs through cooperative efforts between
institutions
and organizations in the public and private sectors;
(10) Suggest individuals and organizations that are
available
to assist school districts, institutions of higher
education, and
the departments of natural resources, youth
services, aging, and
job and family services in the
establishment
of
community service
programs and assist in investigating sources
of
funding for
implementing
these programs;
(11) Assist in evaluating the state's efforts in providing
community service programs using standards and methods that are
consistent with any statewide objectives for
these programs
and
provide information to the state board of education, school
districts, the chancellor of the board of regents, institutions of
higher
education,
and the departments of natural resources, youth
services, aging,
and job and family services to guide them
in
making
decisions
about these programs;
(12) Assist the state board of education in complying with
section 3301.70 of the Revised Code and the chancellor of the
board of regents in
complying with division (B)(2) of section
3333.043 of the Revised
Code;
(13) Advise, assist, consult with, and cooperate with, by
contract or otherwise, agencies and political subdivisions of this
state in establishing a statewide system for volunteers pursuant
to section 121.404 of the Revised Code.
(D) The department of aging With the advice and consent of
the governor, the council shall in writing enter into an agreement
with another state agency to serve as the council's
fiscal agent.
Beginning on July 1, 1997, whenever reference is
made in any law,
contract, or
document to the functions of the
department of youth
services as fiscal agent
to the council, the
reference shall be
deemed to refer to the department of
aging.
The
department of
aging shall have no
responsibility for or
obligation
to the
council prior to July 1, 1997. Any validation,
cure,
right,
privilege,
remedy, obligation, or liability shall be
retained by
the council.
As used in this section,
"fiscal agent" means technical
support and includes
the following technical support services: The
fiscal agent shall be responsible for all the council's fiscal
matters and financial transactions, as specified in the agreement.
Services to be provided by the fiscal agent include, but are not
limited to, the following:
(1) Preparing and processing payroll and other personnel
documents that the
council executes as the appointing authority.;
The department of aging shall
not approve any payroll or other
personnel-related documents.
(2) Maintaining ledgers of accounts and reports of account
balances, and
monitoring budgets and allotment plans in
consultation with the council.; and
The department shall not
approve
any biennial budget, grant, expenditure,
audit, or
fiscal-related
document.
(3) Performing other routine support services that the
director of aging or
the director's designee and the council or
its designee consider fiscal agent considers appropriate
to
achieve efficiency.
(E)(1) The council or its designee, in conjunction and
consultation with the fiscal agent, has the following
authority
and
responsibility relative to fiscal matters:
(a) Sole authority to draw funds for any and all federal
programs in which
the council is authorized to participate;
(b) Sole authority to expend funds from their accounts for
programs and any
other necessary expenses the council may incur
and its subgrantees may incur; and
(c) Responsibility to cooperate with and inform the
department of aging as
fiscal agent to ensure that the department
is fully apprised of all financial
transactions.
(2) The council shall follow all state procurement, fiscal,
human resources, statutory, and administrative rule
requirements.
(3) The department of aging fiscal agent shall determine fees
to be
charged to
the council,
which shall be in proportion to the
services
performed for the council.
(4) The council shall pay fees owed to the department of
aging fiscal agent
from a general
revenue fund of the council or
from any other
fund
from which the operating
expenses of the
council are paid.
Any
amounts set aside for a fiscal year for
the
payment of
these
fees
shall be used only for the services
performed for the
council
by
the department of aging fiscal agent
in that fiscal year.
(F) The council may accept and administer grants from any
source, public or private, to carry out any of the council's
functions this section establishes.
Sec. 121.401. (A) As used in this section and section
121.402
of the Revised Code, "organization or entity" and
"unsupervised
access to a child" have the same meanings as in
section 109.574 of the Revised Code.
(B) The governor's Ohio community service council shall adopt
a
set of
"recommended best practices" for organizations or
entities
to follow when one
or more volunteers of the organization
or
entity
have unsupervised access to one or more children or
otherwise
interact with one or more children. The "recommended
best
practices" shall focus on, but shall not be limited to, the
issue
of the safety of the children and, in addition, the
screening and supervision
of volunteers. The "recommended best
practices" shall include as a
recommended
best practice that the
organization or entity subject to a criminal records
check
performed by the bureau of criminal identification and
investigation pursuant to section 109.57, section 109.572, or
rules adopted under division (E) of section 109.57 of the Revised
Code, all of the following:
(1) All persons who apply to serve as a volunteer in a
position
in which the person will have unsupervised access to a
child on a
regular basis.
(2) All volunteers who are in a position in which the person
will
have unsupervised access to a child on a regular basis and
who the
organization or entity has not previously subjected to a
criminal
records check performed by the bureau of criminal
identification
and investigation.
(C) The set of "recommended best practices" required to be
adopted by this section are in addition to the educational program
required to be adopted under section 121.402 of the Revised Code.
Sec. 121.402. (A) The governor's Ohio community service
council
shall establish and maintain an educational program that
does all of the
following:
(1) Makes available to parents and guardians of children
notice
about the provisions of sections 109.574 to 109.577,
section 121.401, and
section 121.402 of the
Revised Code and
information
about how to keep children safe when they are under
the care, custody, or
control of a person other
than the parent or
guardian;
(2) Makes available to organizations and entities information
regarding the best methods of screening and supervising
volunteers, how to
obtain a criminal records check of a volunteer,
confidentiality issues relating to reports of criminal records
checks, and record keeping regarding the reports;
(3) Makes available to volunteers information regarding the
possibility of
being subjected to a
criminal records check and
displaying
appropriate behavior to
minors;
(4) Makes available to children advice on personal safety and
information on what action to take if someone takes inappropriate
action
towards a child.
(B) The program shall begin making the materials described in
this section available not later than one year after the effective
date of
this section March 22, 2002.
Sec. 122.05. (A) The director of development may, to carry
out the
purposes of division (E) of section 122.04 of the Revised
Code:
(1) Establish offices in foreign countries as the director
considers
appropriate and enter into leases of real property,
buildings, and office
space that are appropriate for these
offices;
(2) Appoint personnel, who shall be in the unclassified
civil
services,
necessary to operate such offices and fix their
compensation.
The director may enter into contracts with foreign
nationals to staff the
foreign offices established under this
section.
(3) The director may establish United States dollar
and
foreign currency
accounts for the payment of expenses related to
the
operation and maintenance of the offices established
under
this section. The
director shall establish procedures acceptable
to the director of budget and
management for the conversion,
transfer, and control of United
States dollars and foreign
currency.
(4) Provide export promotion assistance to Ohio businesses
and organize or support missions to foreign countries to promote
export of Ohio products and services and to encourage foreign
direct investment in Ohio. The director may charge fees to
businesses receiving export assistance and to participants in
foreign missions sufficient to recover the direct costs of those
activities. The director shall adopt, as an internal management
rule under section 111.15 of the Revised Code, a procedure for
setting the fees and a schedule of fees for services commonly
provided by the department. The procedure shall require the
director to annually review the established fees.
(5) Do all things necessary and appropriate for the operation
of the
state's
foreign offices.
(B) All contracts entered into under division (A)(2) of
this
section and any payments of expenses under division (A)(3) of this
section related to the operation and
maintenance of foreign
offices established under this section may be paid in
the
appropriate foreign currency and are exempt from sections 127.16
and
5147.07 and Chapters 124., 125., and 153. of the Revised Code.
Sec. 122.051. There is hereby created in the state treasury
the international trade cooperative projects fund. The fund shall
consist of moneys all of the following:
(A) Moneys received from private and nonprofit
organizations
involved in cooperative agreements related to
import/export and
direct foreign investment activities and cash;
(B) Cash
transfers from other state agencies or any state or
local
government to encourage, promote, and assist trade and
commerce
between this state and foreign nations, pursuant to
section 122.05
and division (E) of section 122.04 of the Revised
Code; and
(C) Fees charged to businesses receiving export assistance
and to participants in foreign missions to recover direct costs of
those activities under division (A)(4) of section 122.05 of the
Revised Code.
Sec. 122.151. (A) An investor who proposes to make an
investment of
money in an
Ohio entity may apply to an Edison
center
for a tax credit under this section. The Edison center
shall
prescribe the form of the application and any information
that the investor
must submit with the application. The
investor
shall include with the application a fee of two hundred
dollars.
The center, within three weeks after receiving the
application,
shall review it, determine whether the
investor should be
recommended
for the tax credit, and send written notice of its
initial
determination to the industrial technology and enterprise
advisory
council and
to the investor. If the center determines the
investor should not be
recommended for the tax credit, it
shall
include in the notice the reasons for the
determination. Subject
to divisions
(C) and
(D) of this section, an
investor is eligible
for a tax credit if all of the following
requirements are met:
(1) The investor's investment of money is in an Ohio entity
engaged in
a
qualified trade or business.
(2) The Ohio entity had
less than two million five hundred
thousand dollars of gross revenue during
its most recently
completed fiscal year or had a net book value
of less than two
million five hundred thousand dollars at the end of that
fiscal
year.
(3) The investment takes the form of the purchase of
common
or preferred stock, a membership interest, a partnership
interest,
or any other ownership interest.
(4) The amount of the investment for which the credit is
being claimed
does not exceed
three hundred thousand dollars in
the case of an investment in an EDGE business enterprise or in an
Ohio entity located in a distressed area, or two hundred fifty
thousand dollars in the case of an investment in any other Ohio
entity.
(5) The money invested is entirely at risk of loss, where
repayment depends upon the success of the business operations of
the Ohio entity.
(6) No repayment of
principal invested will be
made for
at
least three years from the date the investment is made.
(7) The annual combined amount of any dividend and interest
payments
to be made to
the investor will not exceed ten per cent
of the amount of the
investment
for at least three years from the
date the investment is made.
(8) The investor is not an
employee with proprietary
decision-making authority of the
Ohio entity in which the
investment of money is proposed, or related to such an
individual.
The Ohio entity is
not an individual related to
the investor. For
purposes of this
division, the industrial technology and
enterprise advisory
council shall define "an employee with
proprietary
decision-making authority."
(9) The investor is not an insider.
For the purposes of determining the net book value of an
Ohio
entity under division
(A)(1) or (2) of this section, if the entity
is a member of an affiliated group, the combined net book values
of all of the
members of that affiliated group shall be used.
Nothing in division
(A)(6) or (7) of this section
limits or
disallows the distribution to an investor in a
pass-through entity
of a portion of the entity's profits
equal to the investor's
federal, state, and local income tax
obligations attributable to
the investor's allocable share of
the entity's profits. Nothing in
division (A)(6) or (7) of this
section limits or disallows the
sale by an investor of part or all of the
investor's interests in
an Ohio
entity by way of a public offering of shares in the
Ohio
entity.
(B) A group of two but not
more than twenty investors, each
of whom proposes to make an investment
of money in
the same Ohio
entity, may submit an
application for tax credits under division
(A) of this section. The group
shall include with the application
a fee of eight hundred dollars. The
application shall identify
each investor in the group and the amount of money each investor
proposes
to invest in the Ohio entity,
and shall name a contact
person for the group. The Edison center,
within three weeks after
receiving the application,
shall review it, determine whether each
investor of the
group should be recommended
for a tax credit under
the conditions set forth in
division (A) of this section,
and send
written notice of its
determination to the industrial technology
and enterprise advisory
council and
to the contact person. The
center shall not recommend that a group of
investors receive a tax
credit unless each investor is eligible under those
conditions.
The center may disqualify from a group
any investor who is not
eligible under the conditions and recommend that the
remaining
group of investors receive the tax credit. If the center
determines the group
should not be recommended for the tax credit,
it shall include in the notice
the reasons for the determination.
(C) The industrial technology and enterprise advisory
council
shall
establish from among its members a three-person
committee.
Within four
weeks after the council receives a notice of
recommendation from an
Edison center, the committee shall review
the
recommendation and issue a final determination of whether the
investor or
group
is eligible for a tax credit under the
conditions set forth in division
(A) of this section. The
committee may require the
investor or
group to submit additional
information to support the application. The vote
of
at least two
members of the committee is necessary
for the
issuance of a
final
determination or any other action of the
committee. Upon making
the
final determination, the committee shall send
written notice
of approval or
disapproval of the tax credit to the investor or
group contact
person,
the
director of development, and
the Edison
center. If the committee disapproves
the tax credit,
it shall
include in the notice the reasons for the disapproval.
(D)(1) The industrial technology and enterprise advisory
council
committee shall not approve more than one million
five
hundred thousand dollars of investments in any one
Ohio entity.
However, if a
proposed investment of money in an Ohio
entity has
been approved but the investor does not actually make
the
investment, the committee may reassign the
amount of that
investment to another investor, as long as the total amount
invested in the entity under this section does not exceed one
million five hundred thousand dollars.
If the one-million-five-hundred-thousand-dollar limit for an
Ohio entity has not yet been
reached and an application proposes
an investment of money that would
exceed the limit for that
entity, the committee
shall
send written notice to the investor,
or for a group, the
contact
person, that the investment cannot be
approved as requested.
Upon receipt of the notice, the investor
or group may amend the
application to propose an investment of
money that does not exceed the
limit.
(2) Not more than thirty forty-five million dollars of tax
credits
shall be issued under sections 122.15 to 122.154 of the
Revised
Code.
(E) If an investor makes an approved investment of less than
two hundred fifty thousand dollars in any Ohio entity other than
an EDGE business enterprise or in an Ohio entity located in a
distressed area, the investor may apply for
approval of another
investment of money in that entity, as long as the
total amount
invested in that entity by the investor under this section does
not exceed two hundred fifty thousand dollars. If an investor
makes an approved investment of less than three hundred thousand
dollars in an EDGE business enterprise or in an Ohio entity
located in a distressed area, the investor may apply for approval
of another investment of money in that entity, as long as the
total amount invested in that entity by the investor under this
section does not exceed three hundred thousand dollars. An
investor who
receives approval of an investment of money as part
of a group may
subsequently apply on an individual basis for
approval of an
additional investment of money in the Ohio entity.
(F) The industrial technology and enterprise advisory council
committee shall approve or disapprove tax credit
applications
under this section in the order in which they are received by the
council.
(G) The director of development may disapprove any
application recommended by
an
Edison center and approved by the
industrial technology and enterprise advisory
council committee,
or may disapprove a
credit for which a tax credit certificate has
been issued under section
122.152
of the Revised
Code, if the
director determines that the
entity in which the applicant
proposes to invest or has invested is not an
Ohio entity eligible
to receive investments
that qualify for the credit. If the
director disapproves an application, the
director shall certify
the action to the investor, the
Edison center that recommended the
application, the industrial technology and enterprise advisory
council, and the
tax commissioner, together with a written
explanation of the reasons for the
disapproval. If the director
disapproves a tax credit after a tax credit
certificate is issued,
the investor shall not claim the credit for the taxable
year that
includes the day the director disapproves the credit, or for any
subsequent taxable year.
The director of development, in accordance with section
111.15 of the Revised Code and
with the advice of the industrial
technology and enterprise advisory council,
may adopt, amend, and
rescind rules necessary to implement sections 122.15
to 122.154 of
the Revised Code.
(H) An Edison center shall use application
fees received
under this section only for the costs of administering sections
122.15 to 122.154 of the Revised Code.
Sec. 122.17. (A) As used in this section:
(1) "Full-time employee" means an individual who is
employed
for consideration for at least an average of thirty-five hours a
week, who renders any other standard of service generally
accepted
by custom or specified by contract as full-time
employment, or who is employed for consideration for such time or
renders such service but is on family or medical leave under the
federal Family and Medical Leave Act of 1993, Pub. L. No. 103-3,
107 Stat. 6, as amended, or on active duty reserve or Ohio
national guard service.
(2) "New employee" means one of the following:
(a) A full-time employee first employed by a taxpayer in
the
project that is the subject of the agreement after the
taxpayer
enters into a tax credit agreement with the tax credit
authority
under this section;
(b) A full-time employee first employed by a taxpayer in
the
project that is the subject of the tax credit after the tax
credit
authority approves a project for a tax credit under this
section
in a public meeting, as long as the taxpayer enters into
the tax
credit agreement prepared by the department of
development after
such meeting within sixty days after receiving
the agreement from
the department. If the taxpayer fails to
enter into the agreement
within sixty days, "new employee" has
the same meaning as under
division (A)(2)(a) of this section. A full-time employee may be
considered a "new employee" of a taxpayer, despite previously
having been employed by a related member of the taxpayer, if all
of the following apply:
(i) The related member is a party to the tax credit agreement
at the time the employee is first employed with the taxpayer;
(ii) The related member will remain subject to the tax
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied
under Chapter 5751. of the Revised Code for the remainder of the
term of the tax credit, and the tax credit is taken against
liability for that same tax through the remainder of the term of
the tax credit; and
(iii) The employee was considered a new employee of the
related member prior to employment with the taxpayer.
Under division (A)(2)(a) or (b) of this section, if the tax
credit authority determines it appropriate, "new employee" also
may include an employee re-hired or called back from lay-off to
work in a new facility or on a new product or service established
or produced by the taxpayer after entering into the agreement
under this section or after the tax credit authority approves the
tax credit in a public meeting. Except as otherwise provided in
this paragraph, "new employee" does not include
any employee of
the taxpayer who was previously employed in this
state by a
related member of the taxpayer and whose employment
was shifted to
the taxpayer after the taxpayer entered into the
tax credit
agreement or after the tax credit authority approved
the credit in
a public meeting, or any employee of the taxpayer
for which the
taxpayer has been granted a certificate under
division (B) of
section 5709.66 of the Revised Code.
However, if the taxpayer is
engaged in the enrichment and commercialization of uranium or
uranium products or is engaged in research and development
activities related thereto and if the tax credit authority
determines it appropriate, "new employee" may include an employee
of the taxpayer who was previously employed in this state by a
related member of the taxpayer and whose employment was shifted to
the taxpayer after the taxpayer entered into the tax credit
agreement or after the tax credit authority approved the credit in
a public meeting. "New employee" does not include an employee of
the
taxpayer who is employed in an employment position that
was
relocated to a project from other operations of the taxpayer in
this state or from operations of a related member of the
taxpayer
in this state.
In
addition, "new employee" does not include a
child, grandchild,
parent, or spouse, other than a spouse who is
legally separated
from the individual, of any individual who is an
employee of the
taxpayer and who has a direct or indirect
ownership interest of
at least five per cent in the profits,
capital, or value of the
taxpayer. Such ownership interest shall
be determined in
accordance with section 1563 of the Internal
Revenue Code and
regulations prescribed thereunder.
(3) "New income "Income tax revenue" means the total amount
withheld
under section 5747.06 of the Revised Code by the
taxpayer during
the taxable year, or during the calendar year
that includes the
tax period, from the compensation of new
employees for the tax
levied under Chapter 5747. of the Revised
Code.
(4) "Related member" has the same meaning as under
division
(A)(6) of section 5733.042 of the Revised Code without
regard to
division (B) of that section each employee employed in the project
to the extent the employee's withholdings are not used to
determine the credit under section 122.171 of the Revised Code.
(2) "Baseline income tax revenue" means income tax revenue
except that the applicable withholding period is the twelve months
immediately preceding the
date the tax credit authority approves
the taxpayer's application
multiplied by the sum of one plus an
annual pay increase factor to
be
determined by the tax credit
authority. If the taxpayer
becomes
eligible for the credit after
the first day of the
taxpayer's
taxable year or after the first
day of the calendar
year that
includes the tax period, the
taxpayer's baseline income
tax
revenue shall be reduced in
proportion to the number of days
during the taxable or calendar
year for which the taxpayer was not
eligible for the credit. For
subsequent taxable or calendar years,
"baseline income tax
revenue" equals the unreduced baseline income
tax revenue for the
preceding taxable or calendar year multiplied
by the sum of one
plus the pay increase factor.
(3) "Excess income tax revenue" means income tax revenue
minus baseline income tax revenue.
(B) The tax credit authority may make grants under this
section to foster job creation in this state. Such a grant shall
take the form of a refundable credit allowed against the tax
imposed by section 5725.18, 5729.03, 5733.06, or
5747.02 or levied
under Chapter 5751. of the Revised Code. The
credit shall be
claimed for the taxable years or tax periods specified in the
taxpayer's agreement with the tax credit authority under division
(D) of this section. With respect to taxes imposed under section
5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the
credit shall be claimed in the order required under section
5733.98, 5747.98, or 5751.98
of the Revised Code. The amount of
the credit available for a taxable year or for a calendar year
that includes a tax period equals the new excess
income tax
revenue for
that year multiplied by the
percentage specified in
the agreement
with the tax credit
authority. Any credit granted
under this
section against the tax imposed by section 5733.06 or
5747.02 of
the Revised Code, to the extent not fully utilized
against such
tax for taxable years ending prior to 2008, shall
automatically be
converted without any action taken by the tax
credit authority to
a credit against the tax levied under Chapter
5751. of the Revised
Code for tax periods beginning on or after
July 1, 2008, provided
that the person to whom the credit was
granted is subject to such
tax. The converted credit shall apply
to those calendar years in
which the remaining taxable years
specified in the agreement end.
(C) A taxpayer or potential taxpayer who proposes a
project
to create new jobs in this state may apply to the tax
credit
authority to enter into an agreement for a tax credit
under this
section. The director of development
shall prescribe
the form of
the application. After receipt of an application,
the authority
may enter into an agreement with the taxpayer for a
credit under
this section if it determines all of the following:
(1) The taxpayer's project will create new jobs in this
state
increase payroll and income tax revenue;
(2) The taxpayer's project is economically sound and will
benefit the people of this state by increasing opportunities for
employment and strengthening the economy of this state;
(3) Receiving the tax credit is a major factor in the
taxpayer's decision to go forward with the project.
(D) An agreement under this section shall include all of
the
following:
(1) A detailed description of the project that is the
subject
of the agreement;
(2) The term of the tax credit, which shall not exceed
fifteen
years, and the first taxable year, or first calendar year
that includes a tax period, for which the credit may be
claimed;
(3) A requirement that the taxpayer shall maintain
operations
at the project location for at least twice the number
of years as
the term of the tax credit the greater of seven years or the term
of the credit plus three years;
(4) The percentage, as determined by the tax credit
authority, of new excess income tax revenue that will be allowed
as the
amount of the credit for each taxable year or for each
calendar
year that includes a tax period;
(5) A specific method for determining how many new
employees
are employed during a taxable year or during a calendar year that
includes a tax period The pay increase factor to be applied to the
taxpayer's baseline income tax revenue;
(6) A requirement that the taxpayer annually shall report
to
the director of development the number of new
employees, the
new
income tax revenue withheld in connection with the new
employees,
and any employment, tax withholding, investment, and other
information the director needs to
perform the
director's duties
under this section;
(7) A requirement that the director of
development
annually
shall verify the amounts review the information reported under
division (D)(6)
of this
section, and after doing so shall issue a
certificate to
the
taxpayer stating that the amounts have been
verified and verify compliance with the agreement; if the taxpayer
is in compliance, a requirement that the director issue a
certificate to the taxpayer stating that the information has been
verified and identifying the amount of the credit that may be
claimed for the taxable or calendar year;
(8)(a) A provision requiring that the
taxpayer, except as
otherwise provided in division
(D)(8)(b) of this section,
shall
not relocate employment positions from elsewhere in this state to
the
project site that
is the subject of the agreement for the
lesser of five years from the date the
agreement is entered into
or the number of years the
taxpayer is entitled to claim the tax
credit.
(b) The taxpayer may relocate employment positions from
elsewhere
in
this state to the project site that is the subject of
the agreement if the
director of development determines both of
the
following:
(i) That the site from which the employment positions would
be
relocated
is inadequate to meet market and industry conditions,
expansion plans,
consolidation plans, or other business
considerations affecting the
taxpayer;
(ii) That A provision providing that the taxpayer may not
relocate a substantial number of employment positions
from
elsewhere in this state to the project location unless the
director of development determines that the legislative authority
of the county,
township,
or municipal corporation from which the
employment positions would
be
relocated has
been notified by the
taxpayer of the relocation.
For purposes of this section, the movement of an
employment
position from one political
subdivision to another
political
subdivision shall be considered
a relocation of an
employment
position, but the transfer of an
individual employee
from one
political subdivision to another
political subdivision
shall not
be considered a relocation of an
employment position
as long as
the individual's employment
position in the first
political
subdivision is refilled unless the employment position in the
first political subdivision is replaced.
(E) If a taxpayer fails to meet or comply with any
condition
or requirement set forth in a tax credit agreement, the
tax credit
authority may amend the agreement to reduce the
percentage or term
of the tax credit. The reduction of the
percentage or term shall
take effect (1) in the taxable year
immediately following the
taxable year in which the authority
amends the agreement or the
director of development notifies the taxpayer in writing of such
failure, or (2) in the first tax period beginning in the calendar
year immediately following the calendar year in which the
authority amends the agreement or the director notifies the
taxpayer in writing of such failure. If the taxpayer fails to
annually report any of the information required by division (D)(6)
of this section within the time required by the director, the
reduction of the percentage or term may take effect in the current
taxable year.
If the taxpayer relocates employment positions in
violation of the
provision required
under division (D)(8)(a)
of
this section, the taxpayer shall not claim the tax credit under
section
5733.0610 of the Revised Code for any tax years
following
the calendar year in which the relocation occurs, or shall not
claim
the tax credit under
section 5725.32, 5729.032, or 5747.058
of the Revised Code for the taxable year in
which the relocation
occurs and any subsequent taxable years, and shall not claim the
tax credit under division (A) of section 5751.50 of the Revised
Code for any tax period in the calendar year in which the
relocation occurs and any subsequent tax periods may take effect
in the current taxable or calendar year.
(F) Projects that consist solely of
point-of-final-purchase
retail facilities are not eligible for a
tax credit under this
section. If a project consists of both
point-of-final-purchase
retail facilities and nonretail
facilities, only the portion of
the project consisting of the
nonretail facilities is eligible for
a tax credit and only the
new excess income tax revenue from new
employees of the nonretail
facilities shall be considered when
computing the amount of the
tax credit. If a warehouse facility is
part of a
point-of-final-purchase retail facility and supplies
only that
facility, the warehouse facility is not eligible for a
tax
credit. Catalog distribution centers are not considered
point-of-final-purchase retail facilities for the purposes of
this
division, and are eligible for tax credits under this
section.
(G) Financial statements and other information submitted
to
the department of development or the tax
credit authority by
an
applicant or recipient of a tax credit under this section, and
any
information taken for any purpose from such statements or
information, are not public records subject to section 149.43 of
the Revised Code. However, the chairperson of the
authority may
make use of the statements and other information for purposes of
issuing public reports or in connection with court proceedings
concerning tax credit agreements under this section. Upon the
request of the tax commissioner or, if the applicant or recipient
is an insurance company, upon the request of the superintendent of
insurance, the chairperson of the
authority
shall provide to the
commissioner or superintendent any statement or information
submitted by an applicant or recipient of a tax credit in
connection with the credit. The commissioner or superintendent
shall preserve the
confidentiality of the statement or
information.
(H) A taxpayer claiming a credit under this section shall
submit to the tax commissioner or, if the taxpayer is an insurance
company, to the superintendent of insurance, a copy of the
director of
development's certificate of verification under
division (D)(7)
of this section with the taxpayer's tax report or
return for the taxable year or for the calendar year that includes
the tax period. Failure to submit
a copy of the certificate with
the report or return does not invalidate a claim for a
credit if
the taxpayer submits a copy of the certificate to the commissioner
or superintendent within sixty days after the commissioner or
superintendent requests it.
(I) The director of development, after
consultation with
the
tax commissioner and the superintendent of insurance and in
accordance with Chapter 119. of the
Revised Code, shall adopt
rules necessary to implement this
section. The rules may provide
for recipients of tax credits
under this section to be charged
fees to cover administrative
costs of the tax credit program. The
fees collected shall be credited to the tax incentive programs
operating fund created in section 122.174 of the Revised Code. At
the time the director
gives public
notice under division (A) of
section 119.03 of the Revised Code
of the adoption of the rules,
the director shall submit copies of
the proposed rules to the
chairpersons of the standing
committees on
economic development in
the senate and the house of
representatives.
(J) For the purposes of this section, a taxpayer may
include
a partnership, a corporation that has made an election
under
subchapter S of chapter one of subtitle A of the Internal
Revenue
Code, or any other business entity through which income
flows as a
distributive share to its owners. A partnership, S-corporation, or
other such
business
entity may elect to pass the credit
received
under this section through to the persons to whom
the
income or
profit of the partnership, S-corporation, or other
entity is
distributed. The election shall be made on the annual
report
required under division (D)(6) of this section. The
election
applies to and is irrevocable for the credit for which
the report
is submitted. If the election is made, the credit shall
be
apportioned among those persons in the same proportions as
those
in which
the income or profit is distributed.
(K) If the director of development determines
that a
taxpayer
who has received a credit under this section is not
complying with
the requirement under division (D)(3) of this
section, the
director shall notify the tax credit authority
of the
noncompliance. After receiving such a notice, and after giving
the
taxpayer an opportunity to explain the noncompliance, the tax
credit authority may require the taxpayer to refund to this state
a portion of the credit in accordance with the following:
(1) If the taxpayer maintained operations at the project
location for at least one and one-half times the number of years
of the term of the tax credit, an amount not exceeding
twenty-five
per cent of the sum of any previously allowed credits
under this
section;
(2) If the taxpayer maintained operations at the project
location for at least the number of years of the term of the tax
credit, an amount not exceeding fifty per cent of the sum of any
previously allowed credits under this section;
(3) If the taxpayer maintained operations at the project
location for less than the number of years of the term of the tax
credit, an amount not exceeding one hundred per cent of the sum
of
any previously allowed credits under this section a period less
than or equal to the term of the credit, an amount not exceeding
one hundred per cent of the sum of any credits allowed and
received under this section;
(2) If the taxpayer maintained operations at the project
location for a period longer than the term of the credit, but less
than the greater of seven years or the term of the credit plus
three years, an amount not exceeding fifty per cent of the sum of
any credits allowed and received under this section.
In determining the portion of the tax credit to be refunded
to this state, the tax credit authority shall consider the effect
of market conditions on the taxpayer's project and whether the
taxpayer continues to maintain other operations in this state.
After making the determination, the authority shall certify the
amount to be refunded to the tax commissioner or superintendent of
insurance, as appropriate. If the amount is certified to the
commissioner, the commissioner
shall make an assessment for that
amount against the taxpayer
under Chapter 5733., 5747., or 5751.
of the Revised Code. If the amount is certified to the
superintendent, the superintendent shall make an assessment for
that amount against the taxpayer under Chapter 5725. or 5729. of
the Revised Code. The time
limitations on assessments under those
chapters do not apply to an assessment under this division,
but
the commissioner or superintendent, as appropriate, shall make the
assessment within one year
after the date the authority certifies
to the commissioner or superintendent
the amount to be
refunded.
(L) On or before the thirty-first first day of March August
each year,
the
director of development shall submit a
report to
the
governor, the
president of the senate, and the speaker of the
house of
representatives on the tax credit program under this
section. The
report shall include information on the number of
agreements that
were entered into under this section during the
preceding calendar
year, a description of the project that is the
subject of each
such agreement, and an update on the status of
projects under
agreements entered into before the preceding
calendar year.
(M) There is hereby created the tax credit authority,
which
consists of the director of development
and four other
members
appointed as follows: the governor, the president of the
senate,
and the speaker of the house of representatives each
shall appoint
one member who shall be a specialist in economic
development; the
governor also shall appoint a member who is a
specialist in
taxation. Of the initial appointees, the members
appointed by the
governor shall serve a term of two years; the
members appointed by
the president of the senate and the speaker
of the house of
representatives shall serve a term of four years.
Thereafter,
terms of office shall be for four years. Initial
appointments to
the authority shall be made within thirty days
after January 13,
1993. Each
member shall serve on the authority until the end of
the term for
which the member was appointed. Vacancies shall be
filled in
the same
manner provided for original appointments. Any
member appointed
to fill a vacancy occurring prior to the
expiration of the term
for which the member's predecessor was
appointed shall hold
office for the
remainder of that term.
Members may be reappointed to the
authority. Members of the
authority shall receive their
necessary and actual expenses while
engaged in the business of
the authority. The director of
development
shall serve as
chairperson of the authority, and the
members annually
shall elect a
vice-chairperson from among
themselves. Three
members of the
authority constitute a quorum to
transact and vote on the
business of the authority. The majority
vote of the membership
of the authority is necessary to approve
any such business,
including the election of the vice-chairperson.
The director of development may appoint a
professional
employee of the department of
development to serve as the
director's substitute at a meeting of the
authority. The director
shall
make the appointment in writing. In the absence of the
director
from a meeting of the authority, the appointed substitute
shall
serve as chairperson. In the absence of both the
director
and the director's
substitute from a meeting, the vice-chairperson
shall serve as
chairperson.
(N) For purposes of the credits granted by this section
against the taxes imposed under sections 5725.18 and 5729.03 of
the Revised Code, "taxable year" means the period covered by the
taxpayer's annual statement to the superintendent of insurance.
Sec. 122.171. (A) As used in this section:
(1) "Capital investment project" means a plan of investment
at a project site for the acquisition, construction, renovation,
or repair of
buildings, machinery, or equipment,
or for
capitalized costs of basic research and new product development
determined in accordance with generally accepted accounting
principles, but does not
include
any of the following:
(a) Payments made for the acquisition of personal property
through
operating leases;
(b) Project costs paid before January 1, 2002;
(c) Payments made to a related member as defined in section
5733.042 of the Revised Code or to an elected consolidated elected
taxpayer or a combined taxpayer as defined in section 5751.01 of
the Revised Code.
(2) "Eligible business" means a business taxpayer and its
related members with Ohio
operations
satisfying all of the
following:
(a) Employed an average of at least one thousand employees
in
full-time employment positions at a project site during each of
the
twelve months preceding the application for a tax credit under
this section; and
(b) On or after January 1, 2002, has made or has caused to be
made payments for the
capital investment project, including
payments made by an unrelated third party entity as a result of a
lease of not less than twenty years in term, of
either of the
following:
(i) At least two hundred The taxpayer employs at least five
hundred full-time
equivalent employees at the time the tax credit
authority grants the tax credit under
this section;
(b) The taxpayer makes or causes to be made payments for the
capital investment project of either of the following:
(i) If the taxpayer is engaged at the project site primarily
as a manufacturer, at least fifty million dollars in the aggregate
at
the project
site during a period of three consecutive calendar
years,
including the calendar year that includes a day of the
taxpayer's taxable year or tax period with respect to which the
credit is
granted;
(ii) If the average wage of all full-time employment
positions at the
project site is greater than four hundred per
cent of the federal
minimum wage, at least one hundred taxpayer is
engaged at the project site primarily in significant corporate
administrative functions, as defined by the director of
development by rule, at least twenty million
dollars in the
aggregate at the project
site during a period of
three
consecutive calendar years including
the calendar year that
includes a day of the taxpayer's taxable
year or tax period with
respect to which the credit is granted.
(c)
Is engaged at the project site primarily as a
manufacturer or is providing significant corporate administrative
functions. If the investment under division (A)(2)(b) of this
section was made by a third party entity as a result of a lease of
not less than twenty years in term, the project must include
headquarters operations that are part of a mixed use development
that includes at least two of the following: office, hotel,
research and development, or retail facilities.
(d) Has The taxpayer had a capital investment project
reviewed and
approved by the tax credit
authority as provided in
divisions (C),
(D), and (E) of this
section.
(3) "Full-time employment position" means a position of
employment for consideration for at least an average of
thirty-five hours a
week that has been
filled for at least
one
hundred eighty days immediately preceding
the filing of an
application under this section and for at least
one hundred eighty
days during each taxable year or each calendar year that includes
a tax period with respect to
which the credit is
granted, or is
employed in such position for consideration for such time, but is
on active duty reserve or Ohio national guard service equivalent
employees" means the
quotient obtained by dividing the total
number of hours for which
employees were compensated for
employment in the project by two
thousand eighty. "Full-time
equivalent employees" shall exclude
hours that are counted for a
credit under section 122.17 of the
Revised Code.
(4) "Income tax revenue" means the total amount withheld
under section 5747.06 of the Revised Code by the taxpayer during
the taxable year, or during the calendar year that includes the
tax period, from the compensation of all employees employed in the
project whose hours of compensation are included in calculating
the number of full-time equivalent employees.
(4)(5)
"Manufacturer" has the same meaning as in section
5739.011 of the Revised Code.
(5)(6) "Project site" means an integrated complex
of
facilities
in this state, as specified
by the tax credit authority
under this
section, within a
fifteen-mile radius where a taxpayer
is
primarily operating as an eligible business.
(6) "Applicable corporation" means a corporation satisfying
all of the following:
(a)(i) For the entire taxable year immediately preceding the
tax year, the corporation develops software applications primarily
to provide telecommunication billing and information services
through outsourcing or licensing to domestic or international
customers.
(ii) Sales and licensing of software generated at least six
hundred million dollars in revenue during the taxable year
immediately preceding the tax year the corporation is first
entitled to claim the credit provided under division (B) of this
section.
(b) For the entire taxable year immediately preceding the tax
year, the corporation or one or more of its related members
provides customer or employee care and technical support for
clients through one or more contact centers within this state, and
the corporation and its related members together have a daily
average, based on a three-hundred-sixty-five-day year, of at least
five hundred thousand successful customer contacts through one or
more of their contact centers, wherever located.
(c) The corporation is eligible for the credit under division
(B) of this section for the tax year.
(7) "Related member" has the same meaning as in section
5733.042 of the Revised Code as that section existed on the
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd
general assembly, September 29, 1997.
(8) "Successful customer contact" means a contact with an end
user via telephone, including interactive voice recognition or
similar means, where the contact culminates in a conversation or
connection other than a busy signal or equipment busy.
(9) "Telecommunications" means all forms of
telecommunications service as defined in section 5739.01 of the
Revised Code, and includes services in wireless, wireline, cable,
broadband, internet protocol, and satellite.
(10)(a) "Applicable difference" means the difference between
the tax for the tax year under Chapter 5733. of the Revised Code
applying the law in effect for that tax year, and the tax for that
tax year if section 5733.042 of the Revised Code applied as that
section existed on the effective date of its amendment by Am. Sub.
H.B. 215 of the 122nd general assembly, September 29, 1997,
subject to division (A)(10)(b) of this section.
(b) If the tax rate set forth in division (B) of section
5733.06 of the Revised Code for the tax year is less than eight
and one-half per cent, the tax calculated under division
(A)(10)(a) of this section shall be computed by substituting a tax
rate of eight and one-half per cent for the rate set forth in
division (B) of section 5733.06 of the Revised Code for the tax
year.
(c) If the resulting difference is negative, the applicable
tax difference for the tax year shall be zero "Taxable year"
includes, in the case of a domestic or foreign insurance company,
the calendar year ending on the thirty-first day of December
preceding the day the annual statement is required to be returned
under section 5725.18 or 5729.02 of the Revised Code.
(B) The tax credit authority created under section 122.17 of
the Revised Code may grant tax credits under this section for the
purpose of fostering job retention in this state. Upon
application
by an eligible business and upon consideration of the
recommendation of the director of budget and management, tax
commissioner, and director of development under division (C) of
this section, the tax credit authority may grant to an eligible
business a nonrefundable credit against the tax imposed by section
5725.18, 5729.03,
5733.06, or 5747.02 of the Revised Code for a
period up to fifteen
taxable years and against the tax levied by
Chapter 5751. of the
Revised Code for a period of up to fifteen
calendar years
provided, however, that if the project site is
leased, the term of
the tax credit cannot exceed the lesser of
fifteen years or
one-half the term of the lease, including any
permitted renewal
periods. The credit shall be in an
amount not
exceeding
seventy-five per cent of the Ohio income tax withheld
from the
employees of the eligible business occupying full-time
employment
positions at the
project site during the calendar year
that
includes the last day of such business' taxable year or tax
period
with respect
to which the
credit is granted. The amount of
the
credit shall
not be based on
the Ohio income tax withheld
from
full-time
employees for a
calendar year prior to the
calendar year
in which
the
minimum investment
requirement
referred to in
division
(A)(2)(b) of this section is completed.
The credit amount for a taxable year or a calendar year that
includes the tax period for which a credit may be claimed equals
the income tax revenue for that year multiplied by the percentage
specified in the agreement with the tax credit authority. The
percentage may not exceed seventy-five per cent. The credit shall
be claimed in the order required under section 5725.98, 5729.98,
5733.98, or 5747.98 of the Revised Code. In determining the
percentage and term of the credit, the tax credit authority shall
consider both the number of full-time equivalent employees and the
value of the capital investment project. The credit amount may not
be based on the income tax revenue for a calendar year before the
calendar year in which the tax credit authority specifies the tax
credit is to begin, and the
credit shall
be
claimed only for the
taxable years or tax periods specified
in
the
eligible
business'
agreement with the tax credit authority
under division
(E) of this
section, but in. In no event shall the
credit be claimed
for a
taxable year or tax period terminating
before the date
specified
in the
agreement. Any credit granted
under this section against
the tax imposed by section 5733.06 or
5747.02 of the Revised
Code, to the extent not fully utilized
against such tax for
taxable years ending prior to 2008, shall
automatically be
converted without any action taken by the tax
credit authority to
a credit against the tax levied under Chapter
5751. of the
Revised Code for tax periods beginning on or after
July 1, 2008,
provided that the person to whom the credit was
granted is
subject to such tax. The converted credit shall apply
to those
calendar years in which the remaining taxable years
specified in
the agreement end.
The credit computed under this division is in addition to any
credit allowed under division (M) of this section, which the tax
credit authority may also include in the agreement.
Any unused portion of a tax credit may be carried forward
for
not more than three additional years after the year for which
the
credit is granted.
(C) A taxpayer
that proposes a capital investment
project to
retain jobs in this state may apply to the tax credit
authority to
enter into an agreement for a tax credit under this
section. The
director of development shall prescribe the form of
the
application. After receipt of an application, the authority
shall
forward copies of the application to the director of budget
and
management, the tax commissioner, and the director of
development,
each of whom shall review the application to
determine the
economic impact the proposed project would have on
the state and
the affected political subdivisions and shall submit
a summary of
their determinations and recommendations to the
authority.
(D) Upon review of the determinations and recommendations
described in division (C) of this section, the tax credit
authority may enter into an agreement with the taxpayer for a
credit under this section if
the authority determines all of
the
following:
(1) The taxpayer's capital investment project will result in
the retention of full-time employment positions in this state.
(2) The taxpayer is economically sound and has the ability
to
complete the proposed capital investment project.
(3) The taxpayer intends to and has the ability to maintain
operations at the project site for at least the greater of
(a)
the term of the
credit plus three years, or (b) seven years.
(4) Receiving the credit is a major factor in the taxpayer's
decision to begin, continue with, or complete the project.
(5) The political subdivisions in which the project is
located have agreed to provide substantial financial support to
the project.
(E) An agreement under this section shall include all of the
following:
(1) A detailed description of the project that is the
subject
of the agreement, including the amount of the investment,
the
period over which the investment has been or is being made,
and
the number of full-time employment positions equivalent employees
at the project
site.
(2) The method of calculating the number of full-time
employment positions as specified in division (A)(3) of this
section.
(3) The term and percentage of the tax credit,
and the
first
year for which the credit may be claimed.
(4), and the anticipated income tax revenue to be generated.
(2) The term of the credit, the percentage of the tax credit,
the maximum annual value of tax credits that may be allowed each
year, and the first year for which the credit may be claimed.
(3) A requirement that the taxpayer maintain
operations at
the project site for at least the greater
of (a)
the
term of the
credit plus three years, or (b) seven
years.
(5)(4) A requirement that the taxpayer retain a specified
number
of full-time employment positions full-time equivalent
employees at the project site and
within
this state for the term
of the credit, including a
requirement
that the taxpayer continue
to employ at least one
thousand
employees in full-time employment
positions at the
project
site
during the entire term of any
agreement, subject to
division
(E)(7)
of this section.
(6) five hundred full-time equivalent employees during the
entire term of the agreement.
(5) A requirement that the taxpayer annually report to the
director of development the number of full-time employment
positions subject to the credit, the amount of tax withheld from
employees in those positions, the amount of the payments made for
the employment, tax withholding, capital investment project, and
any other information the
director needs to perform the director's
duties under this
section.
(7)(6) A requirement that the director of development
annually
review the annual reports of the taxpayer to verify the
information reported under division (E)(6)(5) of this section and
compliance with the agreement. Upon verification, the director
shall issue a certificate to the taxpayer stating that the
information has been verified and identifying the amount of the
credit for the taxable year or calendar year that includes the tax
period. Unless otherwise specified by the tax
credit authority in
a resolution and included as part of the
agreement, the director
shall not issue a
certificate for any year
in which the total
number of filled
full-time employment positions
for each day of
the calendar year
divided by three hundred
sixty-five is less
than ninety per cent
of the full-time
employment positions
specified in division (E)(5)
of this section.
In determining the
number of full-time
employment positions equivalent employees, no
position shall be counted that is filled
by an employee who is
included in the calculation of a tax credit
under section 122.17
of the Revised Code.
(8)(a) A provision requiring that the taxpayer, except as
otherwise provided in division (E)(8)(b) of this section, shall
not relocate employment positions from elsewhere in this state to
the project site that is the subject of the agreement for the
lesser of five years from the date the agreement is entered into
or the number of years the taxpayer is entitled to claim the
credit.
(b) The taxpayer may relocate employment positions from
elsewhere in this state to the project site that is the subject of
the agreement if the director of development determines both of
the following:
(i) That the site from which the employment positions would
be relocated is inadequate to meet market and industry
conditions,
expansion plans, consolidation plans, or other
business
considerations affecting the taxpayer;
(ii) That
(7) A provision providing that the taxpayer may not
relocate
a substantial number of employment positions from
elsewhere in
this state to the project site unless the director
of
development
determines that the taxpayer notified the
legislative
authority
of the county, township,
or municipal
corporation from
which the
employment positions
would
be
relocated has been notified of the
relocation.
For purposes of
this section, the movement of an employment
position from one
political
subdivision to another political
subdivision shall be
considered a
relocation of an employment
position unless the movement is confined to the project site.
The
transfer of an individual employee employment position
from one
political
subdivision
to another political subdivision
shall not
be
considered a
relocation of an employment position as
long as
the
individual's
employment position in the first
political
subdivision is
refilled.
(9) if the employment position in the first political
subdivision is replaced by another
employment position.
(8) A waiver by the taxpayer of any limitations periods
relating to assessments or adjustments resulting from the
taxpayer's failure to comply with the agreement.
(F) If a taxpayer fails to meet or comply with any condition
or requirement set forth in a tax credit agreement, the tax credit
authority may amend the agreement to reduce the percentage or term
of the credit. The reduction of the percentage or term shall take
effect (1) in the taxable year immediately following the taxable
year
in which the authority amends the agreement or the director
of development notifies the taxpayer in writing of such failure,
or (2) in the first tax period beginning in the calendar year
immediately following the calendar year in which the authority
amends the agreement or the director notifies the taxpayer in
writing of such failure. If the taxpayer fails to annually report
any of the information required by division (E)(6) of this section
within the time required by the director, the reduction of the
percentage or term may take effect in the current taxable year. If
the taxpayer
relocates employment positions in violation of the
provision
required under division (E)(8)(a) of this
section, the
taxpayer
shall not claim the tax credit under
section 5733.0610
of
the
Revised Code for any tax years
following the calendar
year
in
which the relocation occurs, shall
not claim the tax
credit
under
section 5747.058 of the Revised
Code for the
taxable year
in
which
the relocation occurs and any
subsequent
taxable years,
and shall
not claim the tax credit
under
division (A) of section
5751.50 of
the Revised Code for
the tax
period in which the
relocation occurs
and any subsequent
tax
periods may take effect in the current taxable or calendar year.
(G) Financial statements and other information submitted to
the department of development or the tax credit authority by an
applicant for or recipient of a tax credit under this section, and
any information taken for any purpose from such statements or
information, are not public records subject to section 149.43 of
the Revised Code. However, the chairperson of the authority may
make use of the statements and other information for purposes of
issuing public reports or in connection with court proceedings
concerning tax credit agreements under this section. Upon the
request of the tax commissioner, the chairperson of the authority
shall provide to the commissioner any statement or other
information submitted by an applicant for or recipient of a tax
credit in connection with the credit. The commissioner shall
preserve the confidentiality of the statement or other
information.
(H) A taxpayer claiming a tax credit under this section
shall
submit to the tax commissioner or, in the case of an insurance
company, to the superintendent of insurance, a copy of the
director of
development's certificate of verification under
division (E)(7)(6) of
this section with the taxpayer's tax report
or return for the
taxable year or for the calendar year that
includes the tax
period. Failure to submit a
copy of the
certificate with the
report or return does not invalidate a claim
for a credit if the
taxpayer submits a copy of the certificate to
the commissioner
within sixty days after the commissioner or
superintendent requests it.
(I) For the purposes of this section, a taxpayer may include
a partnership, a corporation that has made an election under
subchapter S of chapter one of subtitle A of the Internal Revenue
Code, or any other business entity through which income flows as a
distributive share to its owners. A partnership, S-corporation, or
other such
business
entity may elect to pass the credit
received
under this section through to the persons to whom the
income or
profit of the partnership, S-corporation, or other
entity is
distributed. The election shall be made on the annual
report
required under division (E)(6)(5) of this section. The
election
applies to and is irrevocable for the credit for which
the report
is submitted. If the election is made, the credit shall
be
apportioned among those persons in the same proportions as
those
in which
the income or profit is distributed.
(J) If the director of development determines that a
taxpayer
that received a tax credit under this section is
not
complying
with the requirement under division (E)(4)(3) of this
section, the
director shall notify the tax credit authority of the
noncompliance. After receiving such a notice, and after giving
the
taxpayer an opportunity to explain the noncompliance, the
authority may terminate the agreement and require the taxpayer to
refund to the state all or a portion of the credit claimed in
previous years, as follows:
(1) If the taxpayer maintained operations at the project
site
for less than or equal to the term of the credit, the amount
required to
be
refunded shall not exceed the amount an amount not
to exceed one hundred per cent of the sum of any tax
credits
previously
allowed and received under this section.
(2) If the taxpayer maintained operations at the project
site
longer than the term of the credit, but
less than the greater of
(a) the term of the credit plus
three years, or (b) seven years,
the
amount required to be
refunded
shall not exceed fifty per
cent of
the sum of any tax
credits
previously allowed and
received under
this section.
In determining the portion of the credit to be refunded to
this state, the authority shall consider the effect of market
conditions on the taxpayer's project and whether the taxpayer
continues to maintain other operations in this state. After
making
the determination, the authority shall certify the amount
to be
refunded to the tax commissioner. The or the superintendent of
insurance. If the taxpayer is not an insurance company, the
commissioner shall
make an
assessment for that amount against the
taxpayer under
Chapter
5733., 5747., or 5751. of the Revised
Code. If the taxpayer is an insurance company, the superintendent
of insurance shall make an assessment under section 5725.222 or
5729.102 of the Revised Code. The time limitations
on assessments
under those chapters and sections do
not apply to an assessment
under this division, but the
commissioner or superintendent shall
make the
assessment within one year after the
date the authority
certifies
to the commissioner or superintendent the amount to be
refunded.
If the director of development determines that a taxpayer
that received a tax credit under this section has reduced the
number of employees agreed to under division (E)(5) of this
section by more than ten per cent, the director shall notify the
tax credit authority of the noncompliance. After receiving such
notice, and after providing the taxpayer an opportunity to explain
the noncompliance, the authority may amend the agreement to reduce
the percentage or term of the tax credit. The reduction in the
percentage or term shall take effect in the taxable year, or in
the calendar year that includes the tax period, in which
the
authority amends the agreement.
(K) The director of development, after consultation with the
tax commissioner and in accordance with Chapter 119. of the
Revised Code, shall adopt rules necessary to implement this
section. The rules may provide for recipients of tax credits
under
this section to be charged fees to cover administrative
costs of
the tax credit program. The fees collected shall be credited to
the tax incentive programs operating fund created in section
122.174 of the Revised Code. At the time the director gives
public
notice under division (A) of section 119.03 of the Revised
Code of
the adoption of the rules, the director shall submit
copies of the
proposed rules to the chairpersons of the standing
committees on
economic development in the senate and the house of
representatives.
(L) On or before the thirty-first first day of March August
of each year,
the director of development shall submit a report to
the governor,
the president of the senate, and the speaker of the
house of
representatives on the tax credit program under this
section. The
report shall include information on the number of
agreements that
were entered into under this section during the
preceding calendar
year, a description of the project that is the
subject of each
such agreement, and an update on the status of
projects under
agreements entered into before the preceding
calendar year.
(M)(1) A nonrefundable credit shall be allowed to an
applicable corporation and its related members in an amount equal
to the applicable difference. The credit is in addition to the
credit granted to the corporation or related members under
division (B) of this section. The credit is subject to divisions
(B) to (E) and division (J) of this section.
(2) A person qualifying as an applicable corporation under
this section for a tax year does not necessarily qualify as an
applicable corporation for any other tax year. No person is
entitled to the credit allowed under division (M) of this section
for the tax year immediately following the taxable year during
which the person fails to meet the requirements in divisions
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled
to the credit allowed under division (M) of this section for any
tax year for which the person is not eligible for the credit
provided under division (B) of this section. The aggregate amount
of tax credits issued under this section during any calendar year
for capital investment projects reviewed and approved by the tax
credit authority may not exceed the following amounts:
(1) For 2010, thirteen million dollars;
(2) For 2011 through 2023, the amount of the limit for the
preceding calendar year plus thirteen million dollars;
(3) For 2024 and each year thereafter, one hundred
ninety-five million dollars.
The foregoing annual limitations do not apply to credits for
capital investment projects approved by the tax credit authority
before July 1, 2009.
Sec. 122.40. (A) There is hereby created the development
financing advisory council to assist in carrying out the programs
created pursuant to sections 122.39 to 122.62 and Chapter 166. of
the Revised Code.
(B) The council shall consist of seven eight members
appointed
by the governor, with the advice and consent of the
senate, who are
selected for their knowledge of and experience in
economic
development financing, one member of the senate appointed
by the
president of the senate, one member of the house of
representatives appointed by the speaker of the house of
representatives, and the director of development or the director's
designee. With respect to the
council:
(1) No more than four members of the council appointed by
the
governor shall be members of the same political party.
(2) Each member shall hold office from the date of the
member's
appointment until the end of the term for which the
member
was appointed.
(3) The terms of office for the seven eight members appointed
by
the governor shall be for five years commencing on the first
day
of January and ending on the thirty-first day of December. The
seven members appointed by the governor who are serving terms of
office of seven years on December 30, 2004, shall continue to
serve those terms, but their successors in office, including the
filling of a vacancy occurring prior to the expiration of those
terms, shall be appointed for terms of five years in accordance
with this division.
(4) Any member of the council is eligible for
reappointment.
(5) As a term of a member of the council appointed by the
governor expires, the governor shall appoint a successor with the
advice and consent of the senate.
(6) Except as otherwise provided in division (B)(3) of this
section, any member appointed to fill a vacancy occurring prior
to
the expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of the
predecessor's
term.
(7) Any member shall continue in office subsequent to the
expiration date of the member's term until the
member's successor
takes office, or
until a period of sixty days has elapsed,
whichever occurs first.
(8) Before entering upon duties as a member of the council,
each member shall
take an oath provided by Section 7 of Article
XV, Ohio
Constitution.
(9) The governor may, at any time, remove any nonlegislative
member
pursuant to section 3.04 of the Revised Code.
(10) Members of the council, notwithstanding section
101.26
of the Revised Code with respect to members who are members of
the
general assembly, shall receive their necessary and actual
expenses while engaged in the business of the council and
shall be
paid at the per diem rate of step 1, pay range 31, of section
124.15 of the Revised Code.
(11) Six members of the council constitute a quorum and the
affirmative vote of six a majority of members present at a meeting
of the council where a quorum is present is necessary for any
action taken by the council.
(12) In the event of the absence of a member appointed by
the
president of the senate or by the speaker of the house of
representatives, the following persons may serve in the member's
absence: the president of the senate or the speaker of the
house,
as the case may be, or a member of the senate or of the
house of
representatives, of the same political party as the
development
financing advisory council member, designated
by the
president of
the senate or the speaker of the house.
Sec. 122.603.
(A)(1) Upon approval by the director of
development and after entering
into a participation agreement with
the department of development, a participating financial
institution making a
capital access
loan shall establish a program
reserve account.
The
account shall
be an interest-bearing account
and shall contain
only moneys deposited into it
under the program
and the interest
payable on the moneys in the account.
(2) All interest payable on the moneys in the program
reserve
account
shall be added to the moneys and held as an
additional
loss reserve. The director may require that a portion
or all of
the accrued interest so held in the account
be released
to the
department. If the director causes a release of accrued
interest,
the director shall deposit the released amount into the capital
access loan program
fund created in section 122.601 of the Revised
Code. The director shall not
require the release of that accrued
interest more than twice in
a
fiscal year.
(B) When a participating financial institution makes a
capital
access loan, it shall require
the eligible business to pay
to the participating financial institution a
fee in an amount that
is not less than one and one-half per cent,
and not more than
three per cent, of the principal amount of the
loan. The
participating financial institution
shall deposit the fee into its
program reserve account,
and it also shall deposit into the
account an amount of its own funds equal to the amount of the fee.
The
participating
financial institution may recover from the
eligible business all or part of
the amount that the participating
financial institution is
required to deposit into the account
under this division in any manner agreed
to by the
participating
financial institution and the eligible business.
(C) For each capital access loan made by a participating
financial institution,
the participating financial institution
shall certify to the director, within
a period specified by the
director, that the
participating financial institution has made
the loan. The certification shall include the amount of the loan,
the
amount of the fee received from the eligible business, the
amount of its own
funds that the
participating financial
institution deposited into its program
reserve account to reflect
that fee, and any other information specified by
the director. The
certification also shall indicate if the eligible business
receiving the capital access loan is a minority business
enterprise as defined in section 122.71 of the Revised Code.
(D)(1)(a) Upon receipt of each of the first three
certifications from a participating financial institution made
under division (C) of this section and subject to section 122.602
of the Revised Code, the director shall disburse to the
participating financial institution from the capital access loan
program fund an amount equal to fifty per cent of the principal
amount of the particular capital access loan for deposit into the
participating financial institution's program reserve account.
Thereafter, upon receipt of a certification from that
participating financial institution made under division
(C) of
this section and
subject to section 122.602 of the Revised Code,
the director shall
disburse to the participating financial
institution from the capital access loan program fund an amount
equal to ten per
cent of the
principal amount of
the particular
capital access loan for deposit
into the participating
financial
institution's program reserve
account. The
(b) Notwithstanding division (D)(1)(a) of this section, and
subject to section 122.602 of the Revised Code, upon receipt of
any certification from a participating financial institution made
under division (C) of this section with respect to a capital
access loan made to an eligible business that is a minority
business enterprise, the director shall disburse to the
participating financial institution from the capital access loan
program fund an amount equal to eighty per cent of the principal
amount of the particular capital access loan for deposit into the
participating financial institution's program reserve account.
(2) The disbursement of moneys from the fund to a
participating financial institution does not require approval from
the controlling board.
(E) If the amount in a program reserve account exceeds an
amount
equal to thirty-three per cent of a participating financial
institution's
outstanding capital access loans, the
department may
cause the withdrawal of the excess amount and the deposit of
the
withdrawn amount into the capital access loan program fund.
(F)(1) The department may cause the withdrawal of the total
amount
in a participating financial institution's program reserve
account if any of the following
applies:
(a) The financial institution is no longer eligible to
participate
in the program.
(b) The participation agreement expires without renewal by
the
department or the financial institution.
(c) The financial institution has no outstanding
capital
access loans.
(d) The financial institution has not made a capital
access
loan within the preceding twenty-four months.
(2) If the department causes a withdrawal under division
(F)(1) of this section, the department shall deposit the withdrawn
amount into the capital access loan program fund.
Sec. 122.85. (A) As used in this section and in sections
5733.59 and 5747.66 of the Revised Code:
(1) "Tax credit-eligible production" means a motion picture
production certified by the director of development under division
(B) of this section as qualifying the motion picture company for a
tax credit under section 5733.59 or 5747.66 of the Revised Code.
(2) "Certificate owner" means a motion picture company to
which a tax credit certificate is issued.
(3) "Motion picture company" means an individual,
corporation, partnership, limited liability company, or other form
of business association producing a motion picture.
(4) "Eligible production expenditures" means expenditures
made after the effective date of the enactment of this section by
H.B. 1 of the 128th general assembly for goods or services
purchased and consumed in this state by a motion picture company
directly for the production of a tax credit-eligible production.
With respect to payroll for nonresident cast and crew, "eligible
production expenditures" means one-tenth of the payroll
expenditure.
"Eligible production expenditures" includes, but is not
limited to, expenditures for resident and nonresident cast and
crew wages, accommodations, costs of set construction and
operations, editing and related services, photography, sound
synchronization, lighting, wardrobe, makeup and accessories, film
processing, transfer, sound mixing, special and visual effects,
music, location fees, and the purchase or rental of facilities and
equipment.
(5) "Motion picture" means content created in whole or in
part within this state for distribution or exhibition to the
general public, including, but not limited to, feature-length
films; documentaries; long-form, specials, miniseries, series, and
interstitial television programming; and interactive web sites.
"Motion picture" does not include any television program created
primarily as news, weather, or financial market reports, a
production featuring sporting events, an awards show or other gala
event, a production whose sole purpose is fundraising, a long-form
production that primarily markets a product or service or in-house
corporate advertising or other similar productions, or any
production for which records are required to be maintained under
18 U.S.C. 2257 with respect to sexually explicit content.
(B) For the purpose of encouraging and developing a strong
film industry in this state, the director of development may
certify a motion picture produced by a motion picture company as a
tax credit-eligible production. In the case of a television
series, the director may certify the production of each episode of
the series as a separate tax credit-eligible production. A motion
picture company shall apply for certification of a motion picture
as a tax credit-eligible production on a form and in the manner
prescribed by the director. Each application shall include the
following information:
(1) The name and telephone number of the motion picture
production company;
(2) The name and telephone number of the company's contact
person;
(3) A list of the first preproduction date through the last
production date in Ohio;
(4) The Ohio production office address and telephone number;
(5) The total production budget of the motion picture;
(6) The total budgeted eligible production expenditures and
the percentage that amount is of the total production budget of
the motion picture;
(7) The total percentage of the motion picture being shot in
Ohio;
(8) The level of employment of cast and crew who reside in
Ohio;
(9) A synopsis of the script;
(10) The shooting script;
(11) A creative elements list that includes the names of the
principal cast and crew and the producer and director;
(12) The motion picture's distribution plan, including
domestic and international distribution, and sales estimates for
the picture;
(13) Documentation of financial ability to undertake and
complete the motion picture;
(14) Estimated value of the tax credit based upon total
budgeted eligible production expenditures;
(15) Any other information considered necessary by the
director.
Within ninety days after certification of a motion picture as
a tax credit-eligible production, the motion picture company shall
present to the director of development sufficient evidence of
reviewable progress. If the motion picture company fails to
present sufficient evidence, the director of development may
rescind the certification. Upon rescission, the director shall
notify the applicant that the certification has been rescinded.
Nothing in this section prohibits an applicant whose tax
credit-eligible production certification has been rescinded from
submitting a subsequent application for certification.
(C)(1) A motion picture company whose motion picture has been
certified as a tax credit-eligible production may apply to the
director of development for a refundable credit against the tax
imposed by section 5733.06 or 5747.02 of the Revised Code. The
director in consultation with the tax commissioner shall prescribe
the form and manner of the application and the information or
documentation required to be submitted with the application.
The credit is determined as follows:
(a) If the total budgeted eligible production expenditures
stated in the application submitted under division (B) of this
section or the actual eligible production expenditures as finally
determined under division (D) of this section, whichever is least,
is less than or equal to one million two hundred thousand dollars,
no credit is allowed;
(b) If the total budgeted eligible production expenditures
stated in the application submitted under division (B) of this
section or the actual eligible production expenditures as finally
determined under division (D) of this section, whichever is least,
is greater than one million two hundred thousand dollars, the
credit equals twenty-five per cent of the least of those eligible
production expenditure amounts, subject to the limitation in
division (C)(4) of this section.
(2) Except as provided in division (C)(4) of this section, if
the director of development approves a motion picture company's
application for a credit, the director shall issue a tax credit
certificate to the company. The director in consultation with the
tax commissioner shall prescribe the form and manner of issuing
certificates. The director shall assign a unique identifying
number to each tax credit certificate and shall record the
certificate in a register devised and maintained by the director
for that purpose. The certificate shall state the amount of the
eligible production expenditures on which the credit is based and
the amount of the credit. Upon the issuance of a certificate, the
director shall certify to the tax commissioner, in the form and
manner requested by the tax commissioner, the name of the
applicant, the amount of eligible production expenditures shown on
the certificate, and any other information required by the rules
adopted to administer this section.
(3) The amount of eligible production expenditures for which
a tax credit may be claimed is subject to inspection and
examination by the tax commissioner or employees of the
commissioner under section 5703.19 of the Revised Code and any
other applicable law. Once the eligible production expenditures
are finally determined under section 5703.19 of the Revised Code
and division (D) of this section, the credit amount is not subject
to adjustment unless the director determines an error was
committed in the computation of the credit amount.
(4) No tax credit certificate may be issued before the
completion of the tax credit-eligible production. Not more than
twenty million dollars of tax credit may be allowed per fiscal
biennium, and not more than five million dollars of tax credit may
be allowed per tax credit-eligible production.
(D) A motion picture company whose motion picture has been
certified as a tax credit-eligible production shall engage, at the
company's expense, an independent certified public accountant to
examine the company's production expenditures to identify the
expenditures that qualify as eligible production expenditures. The
certified public accountant shall issue a report to the company
and to the director of development certifying the company's
eligible production expenditures and any other information
required by the director. Upon receiving and examining the report,
the director may disallow any expenditure the director determines
is not an eligible production expense. If the director disallows
an expenditure, the director shall issue a written notice to the
motion picture production company stating that the expenditure is
disallowed and the reason for the disallowance. Upon examination
of the report and disallowance of any expenditures, the director
shall determine finally the lesser of the total budgeted eligible
production expenditures stated in the application submitted under
division (B) of this section or the actual eligible production
expenditures for the purpose of computing the amount of the
credit.
(E) No credit shall be allowed under section 5733.59 or
5747.66 of the Revised Code unless the director has reviewed the
report and made the determination prescribed by division (D) of
this section.
(F) This state reserves the right to refuse the use of this
state's name in the credits of any tax credit-eligible motion
picture production.
(G)(1) The director of development in consultation with the
tax commissioner may adopt rules for the administration of this
section, including rules setting forth and governing the criteria
for determining whether a motion picture production is a tax
credit-eligible production; expenditures that qualify as eligible
production expenditures; a competitive process for approving
credits; and consideration of geographic distribution of credits.
The rules may be adopted under Chapter 119. of the Revised Code.
(2) The director may require a reasonable application fee to
cover administrative costs of the tax credit program. The fees
collected shall be credited to the motion picture tax credit
program operating fund, which is hereby created in the state
treasury. The motion picture tax credit program operating fund
shall consist of all grants, gifts, fees, and contributions made
to the director of development for marketing and promotion of the
motion picture industry within this state. The director of
development shall use money in the fund to pay expenses related to
the administration of the Ohio film office and the credit
authorized by this section and sections 5733.59 and 5747.66 of the
Revised Code.
Sec. 123.01. (A) The department of administrative
services,
in addition to those powers enumerated in Chapters 124.
and 125.
of the Revised Code and provided elsewhere by law,
shall exercise
the following powers:
(1) To prepare, or contract to be prepared, by licensed
engineers or architects, surveys, general and detailed plans,
specifications, bills of materials, and estimates of cost for any
projects, improvements, or public buildings to be constructed by
state agencies that may be authorized by legislative
appropriations or any other funds made available therefor,
provided that the construction of the projects, improvements, or
public buildings is a statutory duty of the department. This
section does not require the independent employment of an
architect or engineer as provided by section 153.01 of the
Revised
Code in the cases to which that section applies nor
affect or
alter the existing powers of the director of
transportation.
(2) To have general supervision over the construction of
any
projects, improvements, or public buildings constructed for a
state agency and over the inspection of materials previous to
their incorporation into those projects, improvements, or
buildings;
(3) To make contracts for and supervise the construction
of
any projects and improvements or the construction and repair
of
buildings under the control of a state agency, except
contracts
for the repair of buildings under the management and
control of
the departments of public safety, job and
family services,
mental
health, mental retardation and developmental disabilities,
rehabilitation and correction, and youth services, the bureau of
workers' compensation, the
rehabilitation
services commission, and
boards of trustees of educational and
benevolent institutions and
except contracts for the construction of projects that do not
require the issuance of a building permit or the issuance of a
certificate of occupancy and that are necessary to remediate
conditions at a hazardous waste facility, solid waste facility, or
other location at which the director of environmental protection
has reason to believe there is a substantial threat to public
health or safety or the environment. These contracts shall be made
and
entered into by the directors of public safety, job and
family
services,
mental health, mental retardation and developmental
disabilities,
rehabilitation and correction, and youth services,
the
administrator of workers' compensation, the rehabilitation
services commission,
the
boards of
trustees of such institutions,
and the director of environmental protection, respectively. All
such contracts
may be in whole or in part on unit price basis of
maximum
estimated cost, with payment computed and made upon actual
quantities or units.
(4) To prepare and suggest comprehensive plans for the
development of grounds and buildings under the control of a state
agency;
(5) To acquire, by purchase, gift, devise, lease, or
grant,
all real estate required by a state agency, in the
exercise of
which power the department may exercise the power of
eminent
domain, in the manner provided by sections 163.01 to
163.22 of the
Revised Code;
(6) To make and provide all plans, specifications, and
models
for the construction and perfection of all systems of
sewerage,
drainage, and plumbing for the state in connection with
buildings
and grounds under the control of a state agency;
(7) To erect, supervise, and maintain all public monuments
and memorials erected by the state, except where the supervision
and maintenance is otherwise provided by law;
(8) To procure, by lease, storage accommodations for a
state
agency;
(9) To lease or grant easements or licenses for
unproductive
and unused lands or other property under the control
of a state
agency. Such leases, easements, or licenses shall be
granted for a
period not to exceed fifteen years and shall be
executed for the
state by the director of administrative services
and the governor
and shall be approved as to form by the attorney
general, provided
that leases, easements, or licenses may be
granted to any county,
township, municipal corporation, port
authority, water or sewer
district, school district, library
district, health district, park
district, soil and water
conservation district, conservancy
district, or other political
subdivision or taxing district, or
any agency of the United
States government, for the exclusive use
of that agency,
political subdivision, or taxing district, without
any right of
sublease or assignment, for a period not to exceed
fifteen years,
and provided that the director shall grant leases,
easements, or
licenses of university land for periods not to
exceed twenty-five
years for purposes approved by the respective
university's board
of trustees wherein the uses are compatible
with the uses and
needs of the university and may grant leases of
university land
for periods not to exceed forty years for purposes
approved by
the respective university's board of trustees pursuant
to section
123.77 of the Revised Code.
(10) To lease office space in buildings for the use of a
state agency;
(11) To have general supervision and care of the
storerooms,
offices, and buildings leased for the use of a state
agency;
(12) To exercise general custodial care of all real
property
of the state;
(13) To assign and group together state offices in any
city
in the state and to establish, in cooperation with the state
agencies involved, rules governing space requirements for office
or storage use;
(14) To lease for a period not to exceed forty years,
pursuant to a contract providing for the construction thereof
under a lease-purchase plan, buildings, structures, and other
improvements for any public purpose, and, in conjunction
therewith, to grant leases, easements, or licenses for lands
under
the control of a state agency for a period not to exceed
forty
years. The lease-purchase plan shall provide that at the
end of
the lease period, the buildings, structures, and related
improvements, together with the land on which they are situated,
shall become the property of the state without cost.
(a) Whenever any building, structure, or other improvement
is
to be so leased by a state agency, the department shall retain
either basic plans, specifications, bills of materials, and
estimates of cost with sufficient detail to afford bidders all
needed information or, alternatively, all of the following plans,
details, bills of materials, and specifications:
(i) Full and accurate plans suitable for the use of
mechanics
and other builders in the improvement;
(ii) Details to scale and full sized, so drawn and
represented as to be easily understood;
(iii) Accurate bills showing the exact quantity of
different
kinds of material necessary to the construction;
(iv) Definite and complete specifications of the work to
be
performed, together with such directions as will enable a
competent mechanic or other builder to carry them out and afford
bidders all needed information;
(v) A full and accurate estimate of each item of expense
and
of the aggregate cost thereof.
(b) The department shall give public notice, in such
newspaper, in such form, and with such phraseology as the
director
of administrative services prescribes, published once
each week
for four consecutive weeks, of the time when and place
where bids
will be received for entering into an agreement to
lease to a
state agency a building, structure, or other
improvement. The last
publication shall be at least eight days
preceding the day for
opening the bids. The bids shall contain
the terms upon which the
builder would propose to lease the
building, structure, or other
improvement to the state agency.
The form of the bid approved by
the department shall be used, and
a bid is invalid and shall not
be considered unless that form is
used without change, alteration,
or addition. Before submitting
bids pursuant to this section, any
builder shall comply with
Chapter 153. of the Revised Code.
(c) On the day and at the place named for receiving bids
for
entering into lease agreements with a state agency, the
director
of administrative services shall open the bids and shall
publicly
proceed immediately to tabulate the bids upon duplicate
sheets. No
lease agreement shall be entered into until the
bureau of workers'
compensation has certified that the person to
be awarded the lease
agreement has complied with Chapter 4123. of
the Revised Code,
until, if the builder submitting the lowest and
best bid is a
foreign corporation, the secretary of state has
certified that the
corporation is authorized to do business in
this state, until, if
the builder submitting the lowest and best
bid is a person
nonresident of this state, the person has filed
with the secretary
of state a power of attorney designating the
secretary of state as
its agent for the purpose of accepting
service of summons in any
action brought under Chapter 4123. of
the Revised Code, and until
the agreement is submitted to the
attorney general and the
attorney general's approval is certified
thereon. Within
thirty
days after the day on which the bids are received, the
department
shall investigate the bids received and shall
determine that the
bureau and the secretary of state have made
the certifications
required by this section of the builder who
has submitted the
lowest and best bid. Within ten days of the
completion of the
investigation of the bids, the department shall
award the lease
agreement to the builder who has submitted the
lowest and best bid
and who has been certified by the bureau and
secretary of state as
required by this section. If bidding for
the lease agreement has
been conducted upon the basis of basic
plans, specifications,
bills of materials, and estimates of
costs, upon the award to the
builder the department, or the
builder with the approval of the
department, shall appoint an
architect or engineer licensed in
this state to prepare such
further detailed plans, specifications,
and bills of materials as
are required to construct the building,
structure, or
improvement. The department shall adopt such rules
as are
necessary to give effect to this section. The department
may
reject any bid. Where there is reason to believe there is
collusion or combination among bidders, the bids of those
concerned therein shall be rejected.
(15) To acquire by purchase, gift, devise, or grant and to
transfer, lease, or otherwise dispose of all real property
required to assist in the development of a conversion facility as
defined in section 5709.30 of the Revised Code as that section
existed before its repeal by Amended Substitute House Bill 95 of
the 125th general assembly;
(16) To lease for a period not to exceed forty years,
notwithstanding any other division of this section, the
state-owned property located at 408-450 East Town Street,
Columbus, Ohio, formerly the state school for the deaf, to a
developer in accordance with this section. "Developer," as used
in
this section, has the same meaning as in section 123.77 of the
Revised Code.
Such a lease shall be for the purpose of development of the
land for use by senior citizens by constructing, altering,
renovating, repairing, expanding, and improving the site as it
existed on June 25, 1982. A developer desiring to lease the land
shall prepare for submission to the department a plan for
development. Plans shall include provisions for roads, sewers,
water lines, waste disposal, water supply, and similar matters to
meet the requirements of state and local laws. The plans shall
also include provision for protection of the property by
insurance
or otherwise, and plans for financing the development,
and shall
set forth details of the developer's financial
responsibility.
The department may employ, as employees or consultants,
persons needed to assist in reviewing the development plans.
Those
persons may include attorneys, financial experts,
engineers, and
other necessary experts. The department shall
review the
development plans and may enter into a lease if it
finds all of
the following:
(a) The best interests of the state will be promoted by
entering into a lease with the developer;
(b) The development plans are satisfactory;
(c) The developer has established the developer's financial
responsibility and satisfactory plans for financing the
development.
The lease shall contain a provision that construction or
renovation of the buildings, roads, structures, and other
necessary facilities shall begin within one year after the date
of
the lease and shall proceed according to a schedule agreed to
between the department and the developer or the lease will be
terminated. The lease shall contain such conditions and
stipulations as the director considers necessary to preserve the
best interest of the state. Moneys received by the state
pursuant
to this lease shall be paid into the general revenue
fund. The
lease shall provide that at the end of the lease
period the
buildings, structures, and related improvements shall
become the
property of the state without cost.
(17) To lease to any person any tract of land owned by the
state and under the control of the department, or any part of
such
a tract, for the purpose of drilling for or the pooling of
oil or
gas. Such a lease shall be granted for a period not
exceeding
forty years, with the full power to contract for,
determine the
conditions governing, and specify the amount the
state shall
receive for the purposes specified in the lease, and
shall be
prepared as in other cases.
(18) To manage the use of space owned and controlled by the
department, including space in property under the jurisdiction of
the Ohio building authority, by doing all of the following:
(a) Biennially implementing, by state agency location, a
census of agency employees assigned space;
(b) Periodically in the discretion of the director of
administrative services:
(i) Requiring each state agency to categorize the use of
space allotted to the agency between office space, common areas,
storage space, and other uses, and to report its findings to the
department;
(ii) Creating and updating a master space utilization plan
for all space allotted to state agencies. The plan shall
incorporate space utilization metrics.
(iii) Conducting a cost-benefit analysis to determine the
effectiveness of state-owned buildings;
(iv) Assessing the alternatives associated with consolidating
the commercial leases for buildings located in Columbus.
(c) Commissioning a comprehensive space utilization and
capacity study in order to determine the feasibility of
consolidating existing commercially leased space used by state
agencies into a new state-owned facility.
(B) This section and section 125.02 of the Revised Code
shall
not interfere with any of the following:
(1) The power of the adjutant general to purchase military
supplies, or with the custody of the adjutant general of property
leased, purchased, or constructed by the state and used for
military purposes, or with the functions of the adjutant general
as director of state armories;
(2) The power of the director of transportation in
acquiring
rights-of-way for the state highway system, or the
leasing of
lands for division or resident district offices, or
the leasing of
lands or buildings required in the maintenance
operations of the
department of transportation, or the purchase of
real property
for
garage sites or division or resident district offices, or in
preparing plans and specifications for and constructing such
buildings as the director may require in the administration of
the
department;
(3) The power of the director of public safety and the
registrar of motor vehicles to purchase or lease real property
and
buildings to be used solely as locations to which a deputy
registrar is assigned pursuant to division (B) of section
4507.011
of the Revised Code and from which the deputy registrar is
to
conduct the deputy registrar's business, the power of the director
of
public safety to purchase or lease real property and buildings
to be used as
locations for division or district offices as
required in the maintenance of
operations of the department of
public safety, and the power of the
superintendent of the state
highway patrol in the purchase or leasing of real property and
buildings needed by the patrol, to negotiate the sale of real
property owned
by the patrol, to rent or lease real property owned
or leased by the patrol,
and to make or cause to be made repairs
to all property owned or under the
control of the patrol;
(4) The power of the division of liquor control in the
leasing or purchasing of retail outlets and warehouse facilities
for the use of the division;
(5) The power of the director of development to enter into
leases
of real property, buildings, and office space to be used
solely as locations
for the state's foreign offices to carry out
the purposes of section 122.05
of the Revised Code;
(6) The power of the director of environmental protection to
enter into environmental covenants, to grant and accept easements,
or to sell property pursuant to division (G) of section 3745.01 of
the Revised Code.
(C) Purchases for, and the custody and repair of,
buildings
under the management and control of the capitol square
review and
advisory board, the rehabilitation services commission, the bureau
of
workers' compensation, or the
departments of public safety,
job
and family services, mental health, mental retardation
and
developmental disabilities, and rehabilitation and correction,
and
buildings of educational and benevolent institutions under
the
management and control of boards of trustees, are not subject
to
the control and jurisdiction of the department of
administrative
services.
(D) Any instrument by which real property is acquired
pursuant to
this section
shall identify the agency of the state
that has the use and benefit of the
real property as specified in
section 5301.012 of the Revised Code.
Sec. 124.03. (A) The state personnel board of review shall
exercise the following powers and perform the following duties:
(1) Hear appeals, as provided by law, of employees in the
classified state service from final decisions of appointing
authorities or the director of administrative services relative
to
reduction in pay or position, job abolishments, layoff,
suspension, discharge, assignment or reassignment to a new or
different position classification, or refusal of the director, or
anybody authorized to perform the director's functions, to
reassign an employee to another classification or to reclassify
the
employee's position with or without a job audit under division
(D) of section 124.14 of the Revised Code. As used in this
division, "discharge" includes disability
separations.
The state personnel board of review may affirm,
disaffirm, or
modify the decisions of
the appointing authorities
or the
director, as the case may be,
and its decision is final. The
board's decisions of the state personnel board of review shall be
consistent with the applicable classification
specifications.
The state personnel board of review shall not be deprived of
jurisdiction to
hear any
appeal due to the failure of an
appointing authority to file its
decision with the board. Any
final decision of an appointing
authority or of the director not
filed in the manner provided in
this chapter shall be disaffirmed.
The state personnel board of review may place an exempt
employee,
as defined in section
124.152 of the Revised Code, into
a bargaining unit
classification, if the state personnel board of
review determines that the bargaining unit
classification is the
proper classification for that employee.
Notwithstanding Chapter
4117. of the Revised Code or instruments
and contracts
negotiated
under it, such placements are at the
board's discretion of the
state personnel board of review.
The mere failure of an employee's appointing authority to
file a statement with the department of administrative services
indicating that the employee is in the unclassified civil service,
or the mere late filing of such a statement, does not prevent the
state personnel
board of review from determining that the employee
is in the unclassified
civil service. In determining whether an
employee is in the
unclassified civil service, the state personnel
board of review shall consider the inherent
nature of
the duties
of the employee's classification during the
two-year
period
immediately preceding the appointing authority's
appealable action
relating to the employee.
In any hearing before the state personnel board of review,
including any hearing at
which a record is taken that may be the
basis of an appeal to a
court, an employee may be represented by a
person permitted to
practice before the state personnel board of
review who is not an attorney at law as long
as
the person does
not receive any compensation from the employee
for
the
representation.
(2) Hear appeals, as provided by law, of appointing
authorities from final decisions of the director relative to the
classification or reclassification of any position in the
classified state service under the jurisdiction of
that
appointing authority. The state personnel board of review may
affirm, disaffirm, or modify
the decisions of the director, and
its decision is final. The
board's
decisions of the state
personnel board of review shall be consistent with the applicable
classification
specifications.
(3) Exercise the authority provided by section 124.40 of
the
Revised Code, for appointment, removal, and supervision of
municipal and civil service township civil service commissions;
(4) Appoint a secretary, referees, examiners, and whatever
other Utilize employees are necessary provided by the state
employment relations board in the exercise of its the
powers and
performance of its the duties and functions. The of the
state
personnel board shall
determine
appropriate education and
experience requirements for
its
secretary, referees, examiners,
and other employees and shall
prescribe their duties. A referee or
examiner does not need to
have been admitted to the practice of
law. of review under this chapter;
(5) Maintain a journal that shall be open to public
inspection, in which it shall keep a record of all of its
proceedings and of the vote of each of its members upon every
action taken by it;
(6) Adopt rules in accordance with Chapter 119. of the
Revised Code relating to the procedure of the state personnel
board of review in
administering the laws it has the authority or
duty to
administer
and for the purpose of invoking the
jurisdiction of
the state personnel board of review in
hearing
appeals of appointing authorities and
employees in matters
set
forth in divisions (A)(1) and (2) of this
section;
(7) Subpoena and require the attendance and testimony of
witnesses and the production of books, papers, public records,
and
other documentary evidence pertinent to any matter it
has
authority to investigate, inquire into, or hear in the same
manner
and to the same extent as provided by division (G) of
section
124.09 of the Revised Code. All witness fees shall be
paid in the
manner set forth in that division.
(B) The state personnel board of review shall exist as a
separate entity within the administrative structure of the state
employment relations board.
(C) The state personnel board of review shall be funded by
general revenue fund
appropriations. All moneys received by the
state personnel board of review for copies of
documents, rule
books, and transcriptions shall be paid into the
state treasury to
the credit of the transcript and other
documents training,
publications, and grants
fund, which is hereby created to defray
the cost of
producing an
administrative record in section 4117.24
of the Revised Code.
Sec. 124.04. In addition to those powers enumerated in
Chapters 123. and 125. of the Revised Code and as provided
elsewhere by law, the powers, duties, and functions of the
department of administrative services not specifically vested in
and assigned to, or to be performed by, the state personnel board
of review are hereby vested in and assigned to, and shall be
performed by, the director of administrative services. These
powers, duties, and functions shall include, but shall not be
limited to, the following powers, duties, and functions:
(A) To prepare, conduct, and grade all competitive
examinations for positions in the classified state service;
(B) To prepare, conduct, and grade all noncompetitive
examinations for positions in the classified state service;
(C) To prepare eligible lists containing the names of
persons
qualified for appointment to positions in the classified
state
service;
(D) To prepare or amend, in accordance with section 124.14
of
the Revised Code, specifications descriptive of duties,
responsibilities, requirements, and desirable qualifications of
the various classifications of positions in the state service;
(E) To allocate and reallocate, upon the motion of the
director or upon request of an appointing authority and in
accordance with section 124.14 of the Revised Code, any position,
office, or employment in the state service to the appropriate
classification on the basis of the duties, responsibilities,
requirements, and qualifications of
that position, office, or
employment;
(F) To develop and conduct personnel recruitment services
for
positions in the state service;
(G) To conduct research on specifications, classifications,
and salaries of positions in the state service;
(H) To develop and conduct personnel training programs,
including supervisory training programs and best practices plans,
and to develop merit hiring processes, in
cooperation with
appointing authorities;
(I) To include periodically in communications sent to state
employees
both of the following:
(1) Information developed under section 2108.34 of
the
Revised Code promoting the donation of anatomical gifts under
Chapter 2108. of the Revised Code;
(2) Information about the liver or kidney donor and bone
marrow donor
leave granted under section 124.139 of the Revised
Code.
(J) To enter into agreements with universities and colleges
for in-service training of
officers and employees in the
civil
service
and to assist appointing authorities in recruiting
qualified applicants;
(K) To appoint
examiners, inspectors, clerks, and other
assistants
necessary in the exercise of the powers and
performance
of the duties and functions which the director is by
law
authorized and required to exercise and perform, and to
prescribe
the duties of all
of those employees;
(L) To maintain a journal, which shall be open to public
inspection, in which the director shall keep a record of the
director's final decision pertaining to the classification or
reclassification of positions in the classified civil service of
the state and
assignment or reassignment of employees in the
classified civil
service of the state to specific position
classifications;
(M) To delegate any of the powers, functions, or duties
granted or assigned to the director under this chapter to any
other state agency of this state as the director considers
necessary;
(N) To delegate any of the powers, functions, or duties
granted or assigned to the director under this chapter to any
political subdivision with the concurrence of the legislative
authority of the political subdivision.
(O) To administer a state equal employment opportunity
program.
Sec. 124.07. (A) The director of administrative services
shall
appoint examiners, inspectors, clerks, and other assistants
as necessary to carry out sections 124.01 to 124.64 of the
Revised
Code. The director may designate persons in or out of
the service
of the state to serve as examiners or
assistants under the
director's direction. An examiner or
assistant shall
receive the
compensation for each day actually and necessarily
spent in the
discharge of duties as an examiner
or assistant that the director
determines; provided that, if the
examiner or assistant is in the
service of the state or
any political subdivision of the state, it
shall be a
part of the
examiner's or assistant's official duties
to render those services in
connection with an examination without
extra compensation.
(B) Each state agency shall pay the cost of the services and
facilities
furnished to it by the department of administrative
services that
are necessary to provide and maintain payroll
services as
prescribed in section 125.21 of the Revised Code and
state merit
standards as prescribed in sections 124.01 to 124.64
of the
Revised Code for the agency. If a state-supported college
or university or a
municipal corporation chooses to use the
services and facilities
furnished by the department that are
necessary to provide and
maintain the services and standards so
prescribed, the state-supported college or university or municipal
corporation
shall pay the cost of the services and facilities that
the
department furnishes to it. The charges against a state
agency, a
state-supported college or university, or a municipal
corporation shall be
computed on a reasonable cost basis in
accordance with procedures
prescribed by the director of budget
and management. Any moneys
the department receives from a
state
agency, a state-supported college or university, or a municipal
corporation under this division that
are in excess of the amount
necessary to pay the cost of
furnishing the department's services
and facilities during any fiscal year
shall be either refunded to
or credited for the ensuing fiscal
year to the state agency, the
state-supported college or university, or the municipal
corporation.
(C) The director of administrative services may enter into an
agreement with any county, municipal corporation, or other
political
subdivision to furnish services and facilities of the
department
in the administration of a merit
program or other
functions related to human resources that include, but are not
limited to, providing competitive examinations for positions in
the classified service. The agreement shall provide that the
department shall be reimbursed
for the reasonable
costs of those
services and facilities as determined by the
director.
(D) All moneys received by the department as reimbursement
for payroll, a merit program, or other human resources services
performed and facilities furnished under this section, such as
competitive examinations administered, shall be paid into the
state
treasury to the credit of the human resources services
fund,
which is hereby created.
(E) In counties of the state in which are located cities
having
municipal civil service commissions, the director of
administrative services may designate
the municipal civil service
commission of the largest city within
the county as the director's
agent for the purpose of
carrying out the
provisions of sections
124.01 to 124.64 of the Revised Code,
within the county, that the
director designates. Each municipal
civil service commission
designated as an agent of the director
shall render to the
director, at the end of each month, an itemized statement of the
cost incurred by the commission for work
done as the agent of the
director, and the director, after
approving that statement, shall
pay the total amount of it to
the
treasurer of the municipal
corporation in the same manner as
other expenses of the department
of administrative services.
(F) The director of administrative services and the
examiners, inspectors, clerks, and assistants referred to in this
section
shall receive, in addition to their salaries,
reimbursement for
necessary traveling and other expenses incurred
in
the actual discharge of their official duties. The director may
also incur the necessary expenses for stationery, printing, and
other supplies incident to the business of the department.
Sec. 124.11. The civil service of the state and the
several
counties, cities, civil service townships, city health
districts,
general health districts, and city school districts
of the state
shall be divided into the unclassified service and the
classified
service.
(A) The unclassified service shall comprise the following
positions, which shall not be included in the classified service,
and which shall be exempt from all examinations required by this
chapter:
(1) All officers elected by popular vote or persons
appointed
to fill vacancies in those offices;
(2) All election officers as defined in section 3501.01 of
the Revised Code;
(3)(a) The members of all boards and commissions, and heads
of principal departments, boards, and commissions appointed by
the
governor or by and with the governor's consent;
(b) The heads of all departments appointed by a board of
county commissioners;
(c) The members of all
boards and commissions and all heads
of departments appointed by
the mayor, or, if there is no mayor,
such other similar chief
appointing authority of any city or city
school district;
Except
as otherwise provided in division (A)(17) or (C) of
this section,
this chapter does not exempt the chiefs of police
departments and
chiefs of fire departments of cities or civil
service townships
from the competitive classified service.
(4) The members of county or district licensing boards or
commissions and boards of revision, and not more than five deputy
county auditors;
(5) All officers and employees elected or appointed by
either
or both branches of the general assembly, and
employees of the
city legislative authority engaged in
legislative duties;
(6) All commissioned, warrant, and noncommissioned
officers
and enlisted persons in the
Ohio organized militia, including
military appointees in the
adjutant general's department;
(7)(a) All presidents, business managers, administrative
officers, superintendents, assistant superintendents, principals,
deans, assistant deans, instructors, teachers, and such employees
as are engaged in educational or research duties connected with
the public school system, colleges, and universities, as
determined by the governing body of the public school system,
colleges, and universities;
(b) The library staff of any library in the state
supported
wholly or in part at public expense.
(8) Four clerical and administrative support employees for
each of the elective state officers, four clerical and
administrative support employees for each board of county
commissioners and one such employee for each county commissioner,
and four clerical and
administrative support employees for other
elective officers and
each of the principal appointive executive
officers, boards, or
commissions, except for civil service
commissions, that are
authorized to appoint such clerical and
administrative support
employees;
(9) The deputies and assistants of state agencies authorized
to act for and
on behalf of the agency, or holding a fiduciary or
administrative relation to
that agency and those persons employed
by and directly responsible
to elected county officials or a
county administrator and holding a
fiduciary or
administrative
relationship to such elected county officials or county
administrator, and the employees of such county officials whose
fitness
would be
impracticable to determine by competitive
examination, provided
that division (A)(9) of this section shall
not affect those
persons in county employment in the classified
service as of
September 19, 1961. Nothing in division (A)(9) of
this section
applies to any position in a county department of job
and
family services
created pursuant to Chapter 329. of the
Revised
Code.
(10) Bailiffs, constables, official stenographers, and
commissioners of courts of record, deputies of clerks of the
courts of common pleas who supervise or who handle public moneys
or secured documents, and such officers and employees of courts
of
record and such deputies of clerks of the courts of common
pleas
as the director of administrative services finds it
impracticable
to determine their fitness by competitive
examination;
(11) Assistants to the attorney general, special counsel
appointed or employed by the attorney general, assistants to
county prosecuting attorneys, and assistants to city directors of
law;
(12) Such teachers and employees in the agricultural
experiment stations; such students in normal schools, colleges,
and universities of the state who are employed by the state or a
political subdivision of the state in student or intern
classifications; and such unskilled labor positions as the
director of administrative services or any municipal civil
service
commission may find it impracticable to include in the
competitive
classified service; provided such exemptions shall be
by order of
the commission or the director, duly entered on the
record of the
commission or the director with the reasons for
each such
exemption;
(13) Any physician or dentist who is a full-time employee
of
the department of mental health, the department of mental
retardation and developmental disabilities, or an institution
under the jurisdiction of either department; and physicians who
are in residency programs at the institutions;
(14) Up to twenty positions at each institution under the
jurisdiction of the department of mental health or the department
of mental retardation and developmental disabilities that the
department director determines to be primarily administrative or
managerial; and up to fifteen positions in any division of either
department, excluding administrative assistants to the director
and division chiefs, which are within the immediate staff of a
division chief and which the director determines to be primarily
and distinctively administrative and managerial;
(15) Noncitizens of the United States employed by the
state,
or its counties or cities, as physicians or nurses who are
duly
licensed to practice their respective professions under the
laws
of this state, or medical assistants, in mental or
chronic disease
hospitals, or institutions;
(16) Employees of the governor's office;
(17) Fire chiefs and chiefs of police in civil service
townships appointed by boards of township trustees under section
505.38 or 505.49 of the Revised Code;
(18) Executive directors, deputy directors, and program
directors employed by boards of alcohol, drug addiction, and
mental health services under Chapter 340. of the Revised Code,
and
secretaries of the executive directors, deputy directors, and
program directors;
(19) Superintendents, and management employees as defined
in
section 5126.20 of the Revised Code, of county boards of
mental
retardation and developmental disabilities;
(20) Physicians, nurses, and other employees of a county
hospital who are appointed pursuant to sections 339.03 and 339.06
of the Revised Code;
(21) The executive director of the state medical board,
who
is appointed pursuant to division (B) of section 4731.05 of
the
Revised Code;
(22) County directors of job and family services as
provided
in
section 329.02 of the Revised Code and administrators appointed
under section 329.021 of the Revised Code;
(23) A director of economic development who is hired
pursuant
to division (A) of section 307.07 of the Revised Code;
(24) Chiefs of construction and compliance, of operations and
maintenance, of worker protection,
and of licensing and
certification in the division of
industrial compliance labor in
the department of commerce;
(25) The executive director of a county transit system
appointed under
division (A) of section 306.04 of the Revised
Code;
(26) Up to five positions at each of the administrative
departments listed in section 121.02 of the Revised Code and at
the department
of taxation, department of the adjutant general,
department of education,
Ohio board of regents, bureau of workers'
compensation, industrial commission, state lottery
commission, and
public utilities commission of Ohio that the head of
that
administrative department or of that other state agency determines
to be
involved in policy development and implementation. The head
of the
administrative department or other state agency shall set
the compensation for
employees in these positions at a rate that
is not less than the minimum
compensation specified in pay range
41 but not more than the maximum
compensation specified in pay
range 44 of salary schedule E-2 in
section 124.152 of the Revised
Code. The authority to establish positions in
the unclassified
service under division (A)(26) of this
section is in addition to
and does not limit any other authority that an
administrative
department or
state agency has under the Revised Code to establish
positions, appoint
employees, or set compensation.
(27) Employees of the department of agriculture employed
under section 901.09 of the Revised Code;
(28) For cities, counties, civil service townships, city
health
districts, general
health districts, and city school
districts, the deputies and assistants of
elective or principal
executive officers authorized to act for and in the
place of their
principals or holding a fiduciary relation to their
principals;
(29) Employees who receive intermittent or temporary
appointments under division (B) of section 124.30 of the Revised
Code;
(30) Employees appointed to administrative staff positions
for which an
appointing authority is given specific statutory
authority to set
compensation;
(31) Employees appointed to highway patrol cadet or highway
patrol cadet
candidate classifications;
(32) Employees placed in the unclassified service by another
section of the Revised Code.
(B) The classified service shall comprise all persons in
the
employ of the state and the several counties, cities, city
health
districts, general health districts, and city school
districts of
the state, not specifically included in the unclassified
service.
Upon the creation by the board of trustees of a civil
service
township civil service commission, the classified service
shall
also comprise, except as otherwise provided in division
(A)(17) or
(C) of this section, all persons in the employ of a
civil service
township police or fire department having ten or
more full-time
paid employees. The classified service consists
of two classes,
which shall be designated as the competitive
class and the
unskilled labor class.
(1) The competitive class shall include all positions and
employments in the state and the counties, cities, city health
districts, general health districts, and city school districts
of
the state, and, upon the creation by the board of trustees of a
civil service township of a township civil service commission, all
positions in a civil service township police or fire department
having ten or more full-time paid employees, for which it is
practicable to determine the merit and fitness of applicants by
competitive examinations. Appointments shall be made to, or
employment shall be given in, all positions in the competitive
class that are not filled by promotion, reinstatement, transfer,
or reduction, as provided in this chapter, and the rules of the
director of administrative services, by appointment from those
certified to the appointing officer in accordance with this
chapter.
(2) The unskilled labor class shall include ordinary
unskilled laborers. Vacancies in the labor class for positions in
service of the state shall be filled
by appointment from lists of
applicants registered by the
director. Vacancies in the labor
class for all other positions shall be filled by appointment from
lists of applicants registered by a commission. The director or
the commission, as applicable, by rule, shall
require
an applicant
for registration in the labor class to furnish
evidence or take
tests as the director or commission considers proper with
respect
to age, residence, physical condition, ability to labor,
honesty,
sobriety, industry, capacity, and experience in the work
or
employment for which application is made. Laborers who
fulfill the
requirements shall be placed on the eligible list for the kind of
labor or employment sought, and preference shall be given in
employment in accordance with the rating received from that
evidence or in those tests. Upon the request of an appointing
officer, stating the kind of labor needed, the pay and probable
length of employment, and the number to be employed, the director
or commission, as applicable,
shall certify from the highest on
the list double the number to
be employed; from this number, the
appointing officer shall
appoint the number actually needed for
the particular work. If
more than one applicant receives the same
rating, priority in
time of application shall determine the order
in which their
names shall be certified for appointment.
(C) A municipal or civil service township civil service
commission may place volunteer firefighters who
are paid on a
fee-for-service basis in either the classified or the
unclassified
civil service.
(D) This division does not apply to persons in the
unclassified
service who have the right to resume positions in the
classified service under
sections 4121.121, 5119.071,
5120.38,
5120.381, 5120.382, 5123.08,
5139.02, and 5501.19
of the
Revised
Code.
An appointing authority whose employees
are paid directly by
warrant of the director of budget and management
may appoint a
person who holds a certified position in the classified service
within the appointing authority's agency to a position in the
unclassified
service within that agency. A person appointed
pursuant
to
this division to a position in the unclassified
service shall retain the right
to resume the position and status
held by
the person in the classified service immediately prior to
the person's
appointment to the position in the unclassified
service, regardless of the
number of positions the person
held in
the unclassified service. An employee's right to resume a position
in the classified service may only be exercised when an appointing
authority demotes the employee to a pay range lower than the
employee's current pay range or revokes the employee's appointment
to the unclassified service. An employee forfeits the right to
resume a position in the classified service when the employee is
removed from the position in the unclassified service due to
incompetence, inefficiency, dishonesty, drunkenness, immoral
conduct, insubordination, discourteous treatment of the public,
neglect of duty, violation of this chapter or the rules of the
director of administrative services, any other failure of good
behavior, any other acts of misfeasance, malfeasance, or
nonfeasance in office, or conviction of a felony. An employee also
forfeits the right to resume a position in the classified service
upon transfer to a different agency.
Reinstatement to a position in the
classified service shall
be to a position substantially equal to that position
in the
classified service held
previously, as certified by the director
of administrative services. If the
position the person previously
held in the classified service has been placed
in the unclassified
service or is otherwise unavailable, the person shall be appointed
to a
position in the classified service within the appointing
authority's agency
that the director of administrative services
certifies is comparable in
compensation to the position the person
previously held in the classified
service. Service in the
position
in the unclassified service shall be counted as service in the
position in the classified service held by the person immediately
prior to the
person's appointment to the position in the
unclassified service. When a
person is reinstated
to a position in
the classified service as provided in this division, the
person is
entitled to all rights, status, and benefits accruing to the
position in the classified service during the person's time of
service in the
position in the
unclassified service.
Sec. 124.14. (A)(1) The director of administrative services
shall establish, and may modify or rescind, by rule, a job
classification plan for all positions, offices, and employments
the salaries of which are paid in whole or in part by the state.
The director shall group jobs within a classification so that the
positions are similar enough in duties and responsibilities to be
described by the same title, to have the same pay assigned with
equity, and to have the same qualifications for selection
applied.
The director shall, by rule, assign a classification
title to each
classification within the classification plan.
However, the
director shall consider in establishing
classifications, including
classifications with parenthetical
titles, and assigning pay
ranges such factors as duties performed
only on one shift, special
skills in short supply in the labor
market, recruitment problems,
separation rates, comparative
salary rates, the amount of training
required, and other
conditions affecting employment. The director
shall describe the
duties and responsibilities of the class,
establish the
qualifications for being employed in each position
in the class, and
file with the secretary of state a copy of
specifications for all
of the classifications. The director shall
file new, additional,
or revised specifications with the secretary
of state before
they are used.
The director shall, by rule, assign each
classification,
either on a statewide basis or in particular
counties or state
institutions, to a pay range established under
section 124.15 or
section 124.152 of the Revised Code. The
director may assign a
classification to a pay range on a
temporary basis for a period of
six months. The director
may establish, by rule adopted under
Chapter 119. of the Revised Code,
experimental classification
plans for some or all employees paid directly by
warrant of the
director of budget and management. The rule shall include
specifications for each classification within the plan and shall
specifically
address compensation ranges, and methods for
advancing within the ranges, for
the classifications, which may be
assigned to pay ranges other than the pay
ranges established under
section 124.15 or 124.152 of the Revised Code.
(2) The director of administrative services may reassign to a
proper classification those
positions that
have been assigned to
an improper classification. If the compensation of an
employee in
such a reassigned position exceeds the maximum rate
of pay for the
employee's new classification, the employee shall be placed in
pay
step X and shall not receive an increase in compensation until
the
maximum rate of pay for that
classification exceeds the employee's
compensation.
(3) The director may reassign an exempt employee, as defined
in
section 124.152 of the Revised Code, to a bargaining unit
classification if
the director determines
that the bargaining unit
classification is the proper classification for that
employee.
Notwithstanding Chapter 4117. of the Revised Code or instruments
and contracts negotiated under it, these placements are at the
director's
discretion.
(4) The director shall, by rule, assign related
classifications, which form a career progression, to a
classification series. The director shall, by rule, assign each
classification in the classification plan a five-digit number,
the
first four digits of which shall denote the classification
series
to which the classification is assigned. When a career
progression
encompasses more than ten classifications, the
director shall, by
rule, identify the additional classifications
belonging to a
classification series. The additional
classifications shall be
part of the classification series,
notwithstanding the fact that
the first four digits of the number
assigned to the additional
classifications do not correspond to
the first four digits of the
numbers assigned to other
classifications in the classification
series.
(5) The director, in accordance with rules adopted under
Chapter 119. of the Revised Code, shall establish, and may
establish, modify, or rescind, a
classification plan for county
agencies that elect not to use the
services and facilities of a
county personnel department. The director shall establish any such
classification plan by means of rules adopted under Chapter 119.
of the Revised Code. The
rules shall include a methodology for the
establishment of titles
unique to county agencies, the use of
state classification titles
and classification specifications for
common positions, the
criteria for a county to meet in
establishing its own
classification plan, and the establishment of
what constitutes a
classification series for county agencies. The
director may assess a county agency that chooses to use the
classification plan a usage fee the director determines. All usage
fees the department of administrative services receives shall be
paid into the state treasury to the credit of the human resources
fund created in section 124.07 of the Revised Code.
(B) Division (A) of this section and sections 124.15 and
124.152 of the Revised Code do not apply to the following
persons,
positions, offices, and employments:
(2) Legislative employees, employees of the legislative
service commission, employees in the office of the governor,
employees who are
in the unclassified civil service and exempt
from collective bargaining
coverage in the office of the secretary
of state, auditor of state, treasurer
of state, and attorney
general, and employees of the supreme court;
(3) Employees of a county children services board that
establishes compensation rates under section 5153.12 of the
Revised Code;
(4) Any position for which the authority to determine
compensation is given by law to another individual or entity;
(5) Employees of the bureau of workers' compensation
whose
compensation the administrator of workers' compensation
establishes under division (B) of section 4121.121 of the Revised
Code.
(C) The director may employ a consulting agency to aid and
assist the director in carrying out this section.
(D)(1) When the director proposes to modify a classification
or the assignment of classes to appropriate pay ranges, the
director shall send written notice of the proposed rule to the
appointing authorities of the affected employees thirty days
before a hearing on the proposed rule. The appointing authorities
shall
notify the affected employees regarding the proposed rule.
The
director also shall
send those appointing authorities notice
of any final rule
that is adopted within ten days after adoption.
(2) When the director proposes to reclassify any employee so
that
the employee
is adversely affected, the director shall give
to the employee affected and to
the employee's
appointing
authority a written notice setting forth the proposed new
classification, pay range, and salary. Upon the request of any
classified employee who is not serving in a probationary period,
the director shall perform a job audit to review the
classification of the employee's position to determine whether
the
position is properly classified. The director shall give to
the
employee affected and to the employee's appointing
authority a
written
notice of the director's determination whether or not to
reclassify the position or to reassign the employee to another
classification. An employee or appointing authority desiring a
hearing shall file a written request for the hearing
with the
state
personnel board of review within thirty days after receiving
the
notice. The board shall set the matter for a hearing and
notify
the employee and appointing authority of the time and place
of
the hearing. The employee, the appointing authority, or any
authorized representative of the employee who wishes to submit
facts for the consideration of the board shall be afforded
reasonable opportunity to do so. After the hearing, the board
shall consider anew the reclassification and may order the
reclassification of the employee and require the director to
assign the employee to such appropriate classification as
the
facts and
evidence warrant. As provided in division (A)(1) of
section 124.03
of the Revised Code, the board may determine the
most appropriate
classification for the position of any employee
coming before the board, with
or without a job
audit. The board
shall disallow any reclassification
or reassignment classification
of any employee when it finds that
changes have been made in the
duties and responsibilities of any
particular employee for
political, religious, or other unjust
reasons.
(E)(1) Employees of each county department of job and family
services shall be paid a salary or wage
established by the board
of county commissioners. The
provisions of section 124.18 of the
Revised Code concerning
the standard work week apply to employees
of county
departments of job and family services. A board of
county commissioners
may do either of the following:
(a) Notwithstanding any other section of the Revised Code,
supplement the sick leave, vacation leave, personal leave, and
other benefits of any employee of the county department of job and
family
services of that county, if the employee is eligible for
the
supplement under a written policy providing for the
supplement;
(b) Notwithstanding any other section of the Revised Code,
establish alternative schedules of sick leave, vacation leave,
personal leave, or other benefits for employees not inconsistent
with the provisions of a collective bargaining agreement covering
the affected employees.
(2) Division (E)(1) of this section
does not apply to
employees for whom the state employment relations
board
establishes appropriate bargaining units pursuant to
section
4117.06 of the Revised Code, except in either of the
following
situations:
(a) The employees for whom the state employment relations
board establishes appropriate bargaining units elect no
representative in a board-conducted representation election.
(b) After the state employment relations board establishes
appropriate bargaining units for such employees, all employee
organizations withdraw from a representation election.
(F)(1) Notwithstanding any contrary provision of sections
124.01 to 124.64
of the Revised Code, the board of trustees of
each state university or college, as defined in section 3345.12 of
the Revised Code,
shall carry out all matters of governance
involving the officers
and employees of the university or college,
including, but not
limited to, the powers, duties, and functions
of the department of
administrative services and the director of
administrative services specified in this
chapter. Officers and
employees of a state university or college shall have the right of
appeal to the state personnel board of review as provided in this
chapter.
(2) Each board of trustees shall adopt rules under section
111.15 of the Revised Code to carry out the matters of governance
described in division (F)(1) of this section. Until the board of
trustees adopts those rules, a state university or college shall
continue to operate pursuant to the applicable rules adopted by
the director of administrative services under this chapter.
(G)(1) Each board of county commissioners may, by a
resolution adopted by a majority of its members, establish a
county personnel department to exercise the powers, duties, and
functions specified in division (G) of this section. As used in
division (G) of this section, "county personnel department" means
a county personnel department established by a board of county
commissioners under division (G)(1) of this section.
(2)(a) Each board of county commissioners, by a
resolution
adopted by a majority of its members, may designate the
county
personnel department of the county to exercise the powers,
duties,
and functions of the department of administrative
services and the
director of administrative services specified in
sections 124.01
to 124.64 and Chapter 325. of the Revised Code with regard to
employees in the service of the county,
except for the powers and
duties of the state personnel board of
review, which powers and
duties shall not be construed as having
been modified or
diminished in any manner by division (G)(2) of
this section, with
respect to the employees for whom the board of
county
commissioners is the appointing authority or co-appointing
authority. The board of county commissioners shall deliver a
certified copy of the resolution to the director of administrative
services not later than ten working days after the resolution is
adopted, and the director shall inform the board in a writing sent
by certified mail of the date of receipt of the copy of the
resolution.
(b) Upon the director's receipt of the copy of the
resolution, the powers, duties, and functions
referred to in
division (G)(2)(a) of this section that may be exercised shall be
vested in and assigned to the county personnel department with
respect to the employees for whom the board of county
commissioners is the appointing authority or co-appointing
authority.
(c) Nothing in division (G)(2) of this section shall be
construed to limit the right of any employee who possesses the
right of appeal to the state personnel board of review to
continue
to possess that right of appeal.
(d)(c) Any board of county commissioners that has established
a
county personnel department may contract with the department of
administrative services, another political subdivision, or an
appropriate public or private entity to provide competitive
testing services or other appropriate services.
(3) After the county personnel department of a county has
assumed the powers, duties, and functions of the department of
administrative services and the director of administrative
services been established as described in division
(G)(2) of this
section, any elected official, board, agency, or
other appointing
authority of that county, upon written notification
to the
director county personnel department, may elect to use the
services and facilities of the
county personnel department. Upon
the acceptance by the director
of that written notification
receipt of the notification by the county personnel department,
the county personnel department shall
exercise the powers, duties,
and functions of the department of
administrative services and the
director as described in division
(G)(2) of this section with
respect to the employees of that
elected official, board, agency,
or other appointing authority.
The director shall inform the
elected official, board, agency, or other appointing authority in
a writing sent by certified mail of the date of acceptance of that
written notification. Except for those employees
under the
jurisdiction of the county personnel department, the
director
shall continue to exercise these powers, duties, and
functions
with respect to employees of the county.
(4) When at least two years have passed since the creation of
a county personnel department, a Each board of county
commissioners, by a resolution
adopted by a majority of its
members, may disband the county
personnel department and return to
the department of
administrative services for the administration
of sections 124.01
to 124.64 and Chapter 325. of the Revised Code.
The board shall deliver a certified copy of the resolution to the
director of administrative services not later than ten working
days after the resolution is adopted, and the director shall
inform the board in a writing sent by certified mail of the date
of receipt of the copy of the resolution. Upon the director's
receipt of the copy of the resolution, all powers,
duties, and
functions previously vested in and
assigned to the county
personnel department shall return to the
director.
(5) When at least two years have passed since electing to use
the services and facilities of a county personnel department, an
Any elected official, board, agency, or appointing
authority of a
county may return to the department of
administrative services for
the administration of sections 124.01
to 124.64 and Chapter 325.
of the Revised Code. The elected
official, board, agency, or
appointing authority shall send the director of administrative
services a certified copy of the
resolution that states its
decision to return to the department of administrative services'
jurisdiction, and the director shall inform the elected official,
board, agency, or appointing authority in a writing sent by
certified mail of the date of receipt of the copy of the
resolution. Upon the director's receipt of the copy of the
resolution, all powers, duties, and
functions previously vested in
and assigned to the county
personnel department with respect to
the employees of that
elected official, board, agency, or
appointing authority shall
return to the director end its
involvement with a county personnel department upon actual receipt
by the department of a certified copy of the notification that
contains the decision to no longer participate.
(6) The director of administrative services may, by rule
adopted in accordance with
Chapter 119. of the Revised Code, shall
prescribe criteria and
procedures for granting to each county
personnel department the
powers, duties, and functions of the
department of administrative
services and the director as
described in division (G)(2) of this
section with respect to the
employees of an elected official,
board, agency, or other
appointing authority or co-appointing
authority. The rules shall
cover the following criteria and
procedures:
(a) The notification to the department of administrative
services that an elected official, board, agency, or other
appointing authority of a county has elected to use the services
and facilities of the county personnel department; the following:
(b)(a) A requirement that each county personnel department,
in carrying out its duties, adhere to merit system principles
with
regard to employees of county departments of job and family
services,
child support enforcement agencies, and public child
welfare
agencies so that there is no threatened loss of federal
funding
for these agencies, and a requirement that the county be
financially liable to the state for any loss of federal funds due
to the action or inaction of the county personnel department. The
costs
associated with audits conducted to monitor compliance
with
division (G)(6)(b)(a) of this section shall be borne equally by
reimbursed to
the department of administrative services and the
county as determined by the director. All money the department
receives for these audits shall be paid into the state treasury to
the credit of the human resources fund created in section 124.07
of the Revised Code.
(c) The termination of services and facilities rendered by
the department of administrative services, to include rate
adjustments, time periods for termination, and other related
matters;
(d)(b) Authorization for the director of administrative
services to conduct periodic audits and reviews of county
personnel departments to guarantee the uniform application of
this
granting of the director's powers, duties, and
functions exercised
pursuant to division (G)(2)(a) of this section. The costs of
the
audits and reviews shall be borne equally by reimbursed to the
department
of administrative services and as determined by the
director by the county for which the services
are performed. All
money the department receives shall be paid into the state
treasury to the credit of the human resources fund created in
section 124.07 of the Revised Code.
(e) The dissemination of audit findings under division
(G)(6)(d) of this section, any appeals process relating to
adverse
findings by the department, and the methods whereby the
county
personnel program will revert to the authority of the
director of
administrative services due to misuse or nonuniform
application of
the authority granted to the county under division
(G)(2) or (3)
of this section.
(H) The director of administrative services shall establish
the rate and method of
compensation for all employees who are paid
directly by warrant
of the director of budget and management and
who are serving in positions
that the director of administrative
services has determined impracticable to include in the state
job
classification plan. This division does not apply to elected
officials, legislative employees, employees of the legislative
service commission, employees who are in the unclassified civil
service and
exempt from collective bargaining coverage in the
office of the secretary of
state, auditor of state, treasurer of
state, and attorney general, employees
of the courts, employees of
the
bureau of workers' compensation whose compensation the
administrator of workers' compensation establishes under division
(B) of section 4121.121 of the Revised Code, or employees of an
appointing authority authorized by law to fix the compensation of
those employees.
(I) The director shall set the rate of compensation for all
intermittent,
seasonal,
temporary, emergency, and casual employees
in the service of the state who are not considered
public
employees under section
4117.01 of the Revised
Code. Those
employees are not entitled to receive employee
benefits. This rate
of compensation
shall be
equitable in terms of the rate of
employees serving in the same
or similar classifications. This
division does not apply to
elected officials, legislative
employees, employees of the
legislative service commission,
employees who are in the unclassified civil
service and exempt
from collective bargaining coverage in the office of the
secretary
of state, auditor of state, treasurer of state, and attorney
general, employees of the courts, employees of the bureau of
workers'
compensation whose compensation the administrator
establishes under division
(B) of section 4121.121 of the Revised
Code, or employees of an appointing
authority authorized by law to
fix the compensation of those employees.
Sec. 124.15. (A) Board and commission members appointed
prior to July 1,
1991, shall be paid a salary or wage in
accordance with the following
schedules of rates:
| Range |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
| 23 |
Hourly |
5.72 |
5.91 |
6.10 |
6.31 |
| |
Annually |
11897.60 |
12292.80 |
12688.00 |
13124.80 |
|
Step 5 |
Step 6 |
|
|
| |
Hourly |
6.52 |
6.75 |
|
|
| |
Annually |
13561.60 |
14040.00 |
|
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
| 24 |
Hourly |
6.00 |
6.20 |
6.41 |
6.63 |
| |
Annually |
12480.00 |
12896.00 |
13332.80 |
13790.40 |
|
Step 5 |
Step 6 |
|
|
| |
Hourly |
6.87 |
7.10 |
|
|
| |
Annually |
14289.60 |
14768.00 |
|
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
| 25 |
Hourly |
6.31 |
6.52 |
6.75 |
6.99 |
| |
Annually |
13124.80 |
13561.60 |
14040.00 |
14539.20 |
|
Step 5 |
Step 6 |
|
|
| |
Hourly |
7.23 |
7.41 |
|
|
| |
Annually |
15038.40 |
15412.80 |
|
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
| 26 |
Hourly |
6.63 |
6.87 |
7.10 |
7.32 |
| |
Annually |
13790.40 |
14289.60 |
14768.00 |
15225.60 |
|
Step 5 |
Step 6 |
|
|
| |
Hourly |
7.53 |
7.77 |
|
|
| |
Annually |
15662.40 |
16161.60 |
|
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
| 27 |
Hourly |
6.99 |
7.23 |
7.41 |
7.64 |
| |
Annually |
14534.20 |
15038.40 |
15412.80 |
15891.20 |
|
Step 5 |
Step 6 |
Step 7 |
|
| |
Hourly |
7.88 |
8.15 |
8.46 |
|
| |
Annually |
16390.40 |
16952.00 |
17596.80 |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
| 28 |
Hourly |
7.41 |
7.64 |
7.88 |
8.15 |
| |
Annually |
15412.80 |
15891.20 |
16390.40 |
16952.00 |
|
Step 5 |
Step 6 |
Step 7 |
|
| |
Hourly |
8.46 |
8.79 |
9.15 |
|
| |
Annually |
17596.80 |
18283.20 |
19032.00 |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
| 29 |
Hourly |
7.88 |
8.15 |
8.46 |
8.79 |
| |
Annually |
16390.40 |
16952.00 |
17596.80 |
18283.20 |
|
Step 5 |
Step 6 |
Step 7 |
|
| |
Hourly |
9.15 |
9.58 |
10.01 |
|
| |
Annually |
19032.00 |
19926.40 |
20820.80 |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
| 30 |
Hourly |
8.46 |
8.79 |
9.15 |
9.58 |
| |
Annually |
17596.80 |
18283.20 |
19032.00 |
19926.40 |
|
Step 5 |
Step 6 |
Step 7 |
|
| |
Hourly |
10.01 |
10.46 |
10.99 |
|
| |
Annually |
20820.80 |
21756.80 |
22859.20 |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
| 31 |
Hourly |
9.15 |
9.58 |
10.01 |
10.46 |
| |
Annually |
19032.00 |
19962.40 |
20820.80 |
21756.80 |
|
Step 5 |
Step 6 |
Step 7 |
|
| |
Hourly |
10.99 |
11.52 |
12.09 |
|
| |
Annually |
22859.20 |
23961.60 |
25147.20 |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
| 32 |
Hourly |
10.01 |
10.46 |
10.99 |
11.52 |
| |
Annually |
20820.80 |
21756.80 |
22859.20 |
23961.60 |
|
Step 5 |
Step 6 |
Step 7 |
Step 8 |
| |
Hourly |
12.09 |
12.68 |
13.29 |
13.94 |
| |
Annually |
25147.20 |
26374.40 |
27643.20 |
28995.20 |
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
| 33 |
Hourly |
10.99 |
11.52 |
12.09 |
12.68 |
| |
Annually |
22859.20 |
23961.60 |
25147.20 |
26374.40 |
|
Step 5 |
Step 6 |
Step 7 |
Step 8 |
| |
Hourly |
13.29 |
13.94 |
14.63 |
15.35 |
| |
Annually |
27643.20 |
28995.20 |
30430.40 |
31928.00 |
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
| 34 |
Hourly |
12.09 |
12.68 |
13.29 |
13.94 |
| |
Annually |
25147.20 |
26374.40 |
27643.20 |
28995.20 |
|
Step 5 |
Step 6 |
Step 7 |
Step 8 |
| |
Hourly |
14.63 |
15.35 |
16.11 |
16.91 |
| |
Annually |
30430.40 |
31928.00 |
33508.80 |
35172.80 |
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
| 35 |
Hourly |
13.29 |
13.94 |
14.63 |
15.35 |
| |
Annually |
27643.20 |
28995.20 |
30430.40 |
31928.00 |
|
Step 5 |
Step 6 |
Step 7 |
Step 8 |
| |
Hourly |
16.11 |
16.91 |
17.73 |
18.62 |
| |
Annually |
33508.80 |
35172.80 |
36878.40 |
38729.60 |
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
| 36 |
Hourly |
14.63 |
15.35 |
16.11 |
16.91 |
| |
Annually |
30430.40 |
31928.00 |
33508.80 |
35172.80 |
|
Step 5 |
Step 6 |
Step 7 |
Step 8 |
| |
Hourly |
17.73 |
18.62 |
19.54 |
20.51 |
| |
Annually |
36878.40 |
38729.60 |
40643.20 |
42660.80 |
Pay Range and Values
| Range |
Minimum |
Maximum |
| 41 Hourly |
10.44 |
15.72 |
| |
Annually |
21715.20 |
32697.60 |
| 42 Hourly |
11.51 |
17.35 |
| |
Annually |
23940.80 |
36088.00 |
| 43 Hourly |
12.68 |
19.12 |
| |
Annually |
26374.40 |
39769.60 |
| 44 Hourly |
13.99 |
20.87 |
| |
Annually |
29099.20 |
43409.60 |
| 45 Hourly |
15.44 |
22.80 |
| |
Annually |
32115.20 |
47424.00 |
| 46 Hourly |
17.01 |
24.90 |
| |
Annually |
35380.80 |
51792.00 |
| 47 Hourly |
18.75 |
27.18 |
| |
Annually |
39000.00 |
56534.40 |
| 48 Hourly |
20.67 |
29.69 |
| |
Annually |
42993.60 |
61755.20 |
| 49 Hourly |
22.80 |
32.06 |
| |
Annually |
47424.00 |
66684.80 |
(B) The pay schedule of all employees shall be on a
biweekly
basis, with amounts computed on an hourly basis.
(C) Part-time employees shall be compensated on an hourly
basis for time worked, at the rates shown in division (A) of this
section or in section 124.152 of the Revised Code.
(D) The salary and wage rates in division (A) of this
section
or in section 124.152 of the Revised Code represent base
rates of
compensation and may be augmented by the provisions of
section
124.181 of the Revised Code. In those cases where
lodging, meals,
laundry, or other personal services are furnished
an employee in
the service of the state, the actual costs or fair market value of
the
personal services shall
be paid by the employee in such
amounts and manner as determined
by the director of administrative
services and approved by the
director of budget and management,
and those personal
services shall not be
considered as a part of
the employee's compensation. An
appointing authority that appoints
employees in the service of the state, with the approval of the
director of
administrative services and the director of budget and
management, may establish payments to employees for uniforms,
tools, equipment, and other requirements of the department and
payments for the maintenance of them.
The director of administrative services may review
collective
bargaining agreements entered into under Chapter 4117.
of the
Revised Code that cover employees in the service of the state and
determine
whether certain benefits or payments provided to the
employees
covered by those agreements should also be provided to
employees in the service of the state who are
exempt from
collective
bargaining coverage and are paid in accordance with
section 124.152 of the
Revised Code or are listed in division
(B)(2) or (4) of section
124.14 of the Revised Code. On
completing
the review, the director of administrative services,
with the
approval of the director of budget and management, may
provide to
some or all of these employees any payment or
benefit, except for
salary, contained in such a collective bargaining agreement even
if
it is similar to a
payment or benefit already provided by law
to some or all of these
employees. Any payment or benefit so
provided shall not exceed
the highest level for that payment or
benefit specified in such a
collective bargaining agreement. The
director of administrative
services shall not provide, and the
director of budget and
management shall not approve, any payment
or benefit to such an
employee under this division unless the
payment or benefit is
provided pursuant to a collective bargaining
agreement to a state
employee who is in a position with similar
duties as, is supervised
by, or is employed by the same appointing
authority as, the
employee to whom the benefit or payment is to be
provided.
As used in this division, "payment or benefit already
provided by
law" includes, but is not limited to,
bereavement,
personal, vacation, administrative, and
sick leave, disability
benefits, holiday pay, and pay
supplements provided under the
Revised Code,
but does not include wages or salary.
(E) New employees paid in accordance with schedule B of
division
(A) of this section or schedule E-1 of section 124.152 of
the Revised Code shall be employed at the minimum rate
established
for the range unless otherwise provided. Employees
with
qualifications that are beyond the minimum normally required
for
the position and that are determined by the director to be
exceptional may be employed in, or may be transferred or promoted
to, a position at an advanced step of the range. Further, in
time
of a serious labor market condition when it is relatively
impossible to recruit employees at the minimum rate for a
particular classification, the entrance rate may be set at an
advanced step in the range by the director of administrative
services. This rate may be limited to geographical regions of
the
state. Appointments made to an advanced step under the
provision
regarding exceptional qualifications shall not affect
the step
assignment of employees already serving. However,
anytime the
hiring rate of an entire classification is advanced
to a higher
step, all incumbents of that classification being paid
at a step
lower than that being used for hiring, shall be
advanced beginning
at the start of the first pay period
thereafter to the new hiring
rate, and any time accrued at the
lower step will be used to
calculate advancement to a succeeding
step. If the hiring rate of
a classification is increased for
only a geographical region of
the state, only incumbents who
work in that geographical region
shall be advanced to a higher
step. When an employee in the
unclassified service changes from
one state position to another or
is appointed to a position in
the classified service, or if an
employee in the classified
service is appointed to a position in
the unclassified service,
the employee's salary or wage in the new
position shall be determined in the
same manner as if the employee
were an employee in the classified service.
When an employee in
the unclassified service who is not eligible for step
increases is
appointed to a classification in the classified service under
which step increases are provided, future step increases shall be
based on the
date on which the employee last received a pay
increase. If the employee has
not received an
increase during the
previous year, the date of the appointment to the
classified
service shall be used to determine the employee's annual step
advancement eligibility date. In reassigning any employee to a
classification resulting in a pay range increase or
to a new pay
range as a result of a promotion, an increase pay range
adjustment, or other classification change resulting in a pay
range increase,
the director shall assign such employee to the
step in the new pay
range that will provide an increase of
approximately four per cent if the new
pay range can accommodate
the increase. When an employee
is being assigned to a
classification or new pay range as the result of
a class
plan
change, if the employee has completed a probationary period,
the
employee
shall be placed in a step no lower than step two of the
new pay range. If the
employee has not completed a probationary
period, the employee may be placed
in step one of the new pay
range. Such new salary or wage shall become
effective on such date
as the director determines.
(F) If employment conditions and the urgency of the work
require such action, the director of administrative services may,
upon the application of a department head, authorize payment at
any rate established within the range for the class of work, for
work of a casual or intermittent nature or on a project basis.
Payment at such rates shall not be made to the same individual
for
more than three calendar months in any one calendar year. Any such
action
shall be subject to the approval of the director
of budget
and management as to the availability of funds. This
section and
sections 124.14 and 124.152 of the Revised Code do
not repeal any
authority of any department or public official to
contract with or
fix the compensation of professional persons who
may be employed
temporarily for work of a casual nature or for
work on a project
basis.
(G)(1) Except as provided in division (G)(2) of this section,
each state employee paid in accordance with schedule B of
this
section or schedule E-1 of section 124.152 of the
Revised Code
shall be eligible for advancement to
succeeding steps in the range
for the employee's class or grade according to the schedule
established in this
division. Beginning on the first day of the
pay period within
which the employee completes the prescribed
probationary period
in the employee's classification with the
state, each employee shall receive
an automatic salary adjustment
equivalent to the next higher step
within the pay range for the
employee's class or grade.
Each employee paid in accordance with schedule E-1 of section
124.152 of the Revised
Code shall be eligible to advance to the
next higher step until
the employee reaches the top step in the
range for the employee's class or grade, if the employee has
maintained satisfactory performance in accordance with criteria
established by the employee's appointing authority. Those step
advancements
shall not occur more frequently than once in any
twelve-month period.
When an employee is promoted or
reassigned to a higher pay
range, the employee's
step indicator shall return to "0" or be
adjusted to account for a
probationary period, as appropriate.
Step advancement
shall not be affected by demotion. A promoted
employee shall advance to the
next higher step of the pay range on
the first day of the pay
period in which the required probationary
period is completed.
Step advancement shall become effective at
the beginning of the
pay period within which the employee attains
the necessary length
of service. Time spent on authorized leave of
absence shall be
counted for this purpose.
If determined to be in the best interest of the state
service, the director of
administrative services may, either
statewide or in selected agencies, adjust
the dates on which
annual step advancements are received by employees paid in
accordance with
schedule E-1 of section 124.152 of the Revised
Code.
(2)(a)(i) Except as provided in division (G)(2)(a)(ii) of
this section, there shall be a moratorium on step advancements
under division (G)(1) of this section from the pay period
beginning June 29, 2003, through the pay period ending June 25,
2005. Step advancements shall resume with the pay period beginning
June 26, 2005. Upon the resumption of step advancements, there
shall be no retroactive step advancements for the period the
moratorium was in effect. The moratorium shall not affect an
employee's performance evaluation schedule.
(ii) During the moratorium under division (G)(2)(a)(i) of
this section, an employee who is hired or promoted and serves a
probationary period in the employee's new position shall advance
to the next step in the employee's pay range upon successful
completion of the employee's probationary period. Thereafter, the
employee is subject to the moratorium.
(b) The moratorium under division (G)(2)(a)(i) of this
section shall apply to the employees of the secretary of state,
the auditor of state, the treasurer of state, and the attorney
general, who are subject to this section unless the secretary of
state, the auditor of state, the treasurer of state, or the
attorney general decides to exempt the office's employees from the
moratorium and so notifies the director of administrative services
in writing on or before July 1, 2003.
(H) Employees in appointive managerial or professional
positions paid in accordance with schedule C of this section or
schedule E-2 of section 124.152 of the Revised Code may be
appointed at any rate within the appropriate pay range. This
rate
of pay may be adjusted higher or lower within the respective
pay
range at any time the appointing authority so desires as long
as
the adjustment is based on the employee's ability to
successfully
administer those duties assigned to the employee. Salary
adjustments shall not be made more frequently than once in any
six-month period under this provision to incumbents holding the
same position and classification.
(I) When an employee is assigned to duty outside this
state,
the employee may be compensated, upon request of the department
head
and with the approval of the director of administrative
services,
at a rate not to exceed fifty per cent in excess of the
employee's current
base rate for the period of time spent on that
duty.
(J) Unless compensation for members of a board or
commission
is otherwise specifically provided by law, the
director of
administrative services shall establish the rate and
method of
payment for members of boards and commissions pursuant
to the pay
schedules listed in section 124.152 of the Revised
Code.
(K) Regular full-time employees in positions assigned to
classes within the instruction and education administration
series
under the rules of the director of administrative
services, except
certificated employees on the instructional
staff of the state
school for the blind or the state school for
the deaf, whose
positions are scheduled to work on the basis of
an academic year
rather than a full calendar year, shall be paid
according to the
pay range assigned by such rules but only during
those pay periods
included in the academic year of the school
where the employee is
located.
(1) Part-time or substitute teachers or those whose period
of
employment is other than the full academic year shall be
compensated for the actual time worked at the rate established by
this section.
(2) Employees governed by this division are exempt from
sections 124.13 and 124.19 of the Revised Code.
(3) Length of service for the purpose of determining
eligibility for step advancements as provided by division (G) of
this section and for the purpose of determining eligibility for
longevity pay supplements as provided by division (E) of section
124.181 of the Revised Code shall be computed on the basis of one
full year of service for the completion of each academic year.
(L) The superintendent of the state school for the deaf
and
the superintendent of the state school for the blind shall,
subject to the approval of the superintendent of public
instruction, shall carry out both of the following:
(1) Annually, between the first day of April and the last
day
of June, establish for the ensuing fiscal year a schedule of
hourly rates for the compensation of each certificated employee
on
the instructional staff of that superintendent's respective the
state school for the deaf and the state school for the blind,
constructed as follows:
(a) Determine for each level of training, experience, and
other professional qualification for which an hourly rate is set
forth in the current schedule, the per cent that rate is of the
rate set forth in such schedule for a teacher with a bachelor's
degree and no experience. If there is more than one such rate
for
such a teacher, the lowest rate shall be used to make the
computation.
(b) Determine which six city, local, and exempted village
school districts with territory in Franklin county have in effect
on, or have adopted by, the first day of April for the school
year
that begins on the ensuing first day of July, teacher salary
schedules with the highest minimum salaries for a teacher with a
bachelor's degree and no experience;
(c) Divide the sum of such six highest minimum salaries by
ten thousand five hundred sixty;
(d) Multiply each per cent determined in division
(L)(1)(a)
of this section by the quotient obtained in division
(L)(1)(c) of
this section;
(e) One hundred five per cent of each product thus
obtained
shall be the hourly rate for the corresponding level of
training,
experience, or other professional qualification in the
schedule
for the ensuing fiscal year.
(2) Annually, assign each certificated employee on the
instructional staff of the superintendent's respective
school to
an hourly rate on the schedule that is commensurate with the
employee's training, experience, and other professional
qualifications.
If an employee is employed on the basis of an academic
year,
the employee's annual salary shall be calculated by multiplying
the
employee's assigned hourly rate times one thousand seven
hundred sixty. If
an employee is not employed on the basis of an
academic year, the employee's
annual salary shall be calculated in
accordance with the
following formula:
(a) Multiply the number of days the employee is required
to
work pursuant to the employee's contract by eight;
(b) Multiply the product of division (L)(2)(a) of this
section by the employee's assigned hourly rate.
Each employee shall be paid an annual salary in biweekly
installments. The amount of each installment shall be calculated
by dividing the employee's annual salary by the number of
biweekly
installments to be paid during the year.
Sections 124.13 and 124.19 of the Revised Code do not apply
to an employee who is paid under this division.
As used in this division, "academic year" means the number
of
days in each school year that the schools are required to be
open
for instruction with pupils in attendance. Upon completing
an
academic year, an employee paid under this division shall be
deemed to have completed one year of service. An employee paid
under this division is eligible to receive a pay supplement under
division (L)(1), (2), or (3) of section 124.181 of the Revised
Code for which the employee qualifies, but is not eligible to
receive a pay
supplement under division (L)(4) or (5) of that
section.
An
employee paid under this division is eligible to
receive a pay
supplement under division (L)(6) of section 124.181
of the
Revised Code for which the employee qualifies, except that
the supplement
is not limited to a maximum of five per cent of the
employee's
regular base salary in a calendar year.
(M) Division (A) of this section does not apply to "exempt
employees," as defined in section 124.152 of the Revised Code,
who
are paid under that section.
Notwithstanding any other provisions of this chapter, when
an
employee transfers between bargaining units or transfers out
of or
into a bargaining unit, the director of administrative services
shall establish the
employee's compensation and adjust the maximum
leave accrual
schedule as the director deems equitable.
Sec. 124.152. (A)(1) Except as provided in divisions (A)(2)
and (3) of this section, each exempt employee shall be paid a
salary or wage in accordance with schedule E-1 or schedule E-2 of
division (B), or (C), or (D) of this section, as applicable.
(2) Each exempt employee who holds a position in the
unclassified civil service pursuant to division (A)(26) or (30) of
section 124.11 of the Revised Code may be paid a salary or wage in
accordance with schedule E-1 of division (B) or (C), schedule E-1
for
step seven only of division (D) or (E), or
schedule E-2 of
division (B), or
(C), (D), (E), (F), or (G) of
this
section, as
applicable.
(3)(a) Except as provided in division (A)(3)(b) of this
section, each exempt employee who was paid a salary or wage at
step 7 in the employee's pay range on June 28, 2003, in accordance
with the applicable schedule E-1 of former section 124.152 of the
Revised Code and who continued to be so paid on June 29, 2003,
shall be paid a salary or wage in the corresponding pay range in
schedule E-1 for step seven only of division (D) or (E), (F), or
(G)
of
this section, as applicable, for as long as the employee
remains
in the position the employee held as of July 1, 2003.
(b) Except as provided in division (A)(3)(c) of this section,
if an exempt employee who is being paid a salary or wage in
accordance with schedule E-1 for step seven only of division (D)
or
(E),
(F), or (G) of this section, as applicable, moves to
another
position, the employee shall not receive a salary or wage
for
that position or any other position in the future in
accordance
with that schedule.
(c) If an exempt employee who is being paid a salary or wage
in accordance with schedule E-1 for step seven only of division
(D) or
(E), (F), or (G) of this section, as applicable, moves to
another
position assigned to pay range 12 or above, the
appointing
authority may assign the employee to be paid
a salary
or wage in
the appropriate pay range for that position in
accordance with
the applicable schedule E-1 for step seven only,
provided that
the appointing authority so notifies the director
of
administrative services in writing at the time the employee is
appointed to that position.
(B) Beginning on the first day of the pay period that
includes July 1, 2006, each exempt employee who must be paid in
accordance with schedule E-1 or schedule E-2 of this section shall
be paid a salary or wage in accordance with the following schedule
of
rates:
Pay Ranges and Step Values
|
|
|
Step |
Step |
Step |
Step |
Step |
Step |
|
|
|
Range |
1 |
2 |
3 |
4 |
5 |
6 |
|
| 1 |
|
Hourly |
9.40 |
9.82 |
10.24 |
10.68 |
|
|
|
|
|
Annually |
19552 |
20426 |
21299 |
22214 |
|
|
|
| 2 |
|
Hourly |
11.40 |
11.88 |
12.40 |
12.94 |
|
|
|
|
|
Annually |
23712 |
24710 |
25792 |
26915 |
|
|
|
| 3 |
|
Hourly |
11.94 |
12.48 |
13.03 |
13.60 |
|
|
|
|
|
Annually |
24835 |
25958 |
27102 |
28288 |
|
|
|
| 4 |
|
Hourly |
12.54 |
13.10 |
13.72 |
14.34 |
|
|
|
|
|
Annually |
26083 |
27248 |
28538 |
29827 |
|
|
|
| 5 |
|
Hourly |
13.15 |
13.75 |
14.34 |
14.97 |
|
|
|
|
|
Annually |
27352 |
28600 |
29827 |
31138 |
|
|
|
| 6 |
|
Hourly |
13.86 |
14.43 |
15.07 |
15.69 |
|
|
|
|
|
Annually |
28829 |
30014 |
31346 |
32635 |
|
|
|
| 7 |
|
Hourly |
14.72 |
15.27 |
15.88 |
16.44 |
17.08 |
|
|
|
|
Annually |
30618 |
31762 |
33030 |
34195 |
35526 |
|
|
| 8 |
|
Hourly |
15.56 |
16.24 |
16.95 |
17.71 |
18.46 |
|
|
|
|
Annually |
32365 |
33779 |
35256 |
36837 |
38397 |
|
|
| 9 |
|
Hourly |
16.60 |
17.46 |
18.32 |
19.23 |
20.21 |
|
|
|
|
Annually |
34528 |
36317 |
38106 |
39998 |
42037 |
|
|
| 10 |
|
Hourly |
17.91 |
18.89 |
19.90 |
21.05 |
22.18 |
|
|
|
|
Annually |
37253 |
39291 |
41392 |
43784 |
46134 |
|
|
| 11 |
|
Hourly |
19.50 |
20.64 |
21.84 |
23.06 |
24.38 |
|
|
|
|
Annually |
40560 |
42931 |
45427 |
47965 |
50710 |
|
|
| 12 |
|
Hourly |
21.51 |
22.72 |
23.94 |
25.27 |
26.68 |
28.13 |
|
|
|
Annually |
44741 |
47258 |
49795 |
52562 |
55494 |
58510 |
|
| 13 |
|
Hourly |
23.71 |
25.01 |
26.39 |
27.80 |
29.36 |
30.96 |
|
|
|
Annually |
49317 |
52021 |
54891 |
57824 |
61069 |
64397 |
|
| 14 |
|
Hourly |
26.08 |
27.55 |
29.03 |
30.62 |
32.35 |
34.15 |
|
|
|
Annually |
54246 |
57304 |
60382 |
63690 |
67288 |
71032 |
|
| 15 |
|
Hourly |
28.64 |
30.25 |
31.96 |
33.72 |
35.59 |
37.55 |
|
|
|
Annually |
59571 |
62920 |
66477 |
70138 |
74027 |
78104 |
|
| 16 |
|
Hourly |
31.58 |
33.33 |
35.17 |
37.14 |
39.19 |
41.43 |
|
|
|
Annually |
65686 |
69326 |
73154 |
77251 |
81515 |
86174 |
|
| 17 |
|
Hourly |
34.80 |
36.72 |
38.78 |
40.92 |
43.20 |
45.61 |
|
|
|
Annually |
72384 |
76378 |
80662 |
85114 |
89856 |
94869 |
|
| 18 |
|
Hourly |
38.35 |
40.47 |
42.75 |
45.10 |
47.60 |
50.26 |
|
|
|
Annually |
79768 |
84178 |
88920 |
93808 |
99008 |
104541 |
|
|
|
Range |
|
Minimum |
|
Maximum |
| 41 |
|
Hourly |
|
16.23 |
|
34.77 |
|
|
Annually |
|
33758 |
|
72322 |
| 42 |
|
Hourly |
|
17.89 |
|
38.41 |
|
|
Annually |
|
37211 |
|
79893 |
| 43 |
|
Hourly |
|
19.70 |
|
42.30 |
|
|
Annually |
|
40976 |
|
87984 |
| 44 |
|
Hourly |
|
21.73 |
|
46.21 |
|
|
Annually |
|
45198 |
|
96117 |
| 45 |
|
Hourly |
|
24.01 |
|
50.44 |
|
|
Annually |
|
49941 |
|
104915 |
| 46 |
|
Hourly |
|
26.43 |
|
55.13 |
|
|
Annually |
|
54974 |
|
114670 |
| 47 |
|
Hourly |
|
29.14 |
|
60.16 |
|
|
Annually |
|
60611 |
|
125133 |
| 48 |
|
Hourly |
|
32.14 |
|
65.65 |
|
|
Annually |
|
66851 |
|
136552 |
| 49 |
|
Hourly |
|
35.44 |
|
70.89 |
|
|
Annually |
|
73715 |
|
147451 |
(C) Beginning on the first day of the pay period that
includes July 1, 2007, each exempt employee who must be paid in
accordance with schedule E-1 or schedule E-2 of this section shall
be paid a salary or wage in accordance with the following schedule
of rates:
Pay Ranges and Step Values
|
|
|
Step |
Step |
Step |
Step |
Step |
Step |
|
|
|
Range |
1 |
2 |
3 |
4 |
5 |
6 |
|
| 1 |
|
Hourly |
9.73 |
10.16 |
10.60 |
11.05 |
|
|
|
|
|
Annually |
20238 |
21133 |
22048 |
22984 |
|
|
|
| 2 |
|
Hourly |
11.80 |
12.30 |
12.83 |
13.39 |
|
|
|
|
|
Annually |
24544 |
25584 |
26686 |
27851 |
|
|
|
| 3 |
|
Hourly |
12.36 |
12.92 |
13.49 |
14.08 |
|
|
|
|
|
Annually |
25709 |
26874 |
28059 |
29286 |
|
|
|
| 4 |
|
Hourly |
12.98 |
13.56 |
14.20 |
14.84 |
|
|
|
|
|
Annually |
26998 |
28205 |
29536 |
30867 |
|
|
|
| 5 |
|
Hourly |
13.61 |
14.23 |
14.84 |
15.49 |
|
|
|
|
|
Annually |
28309 |
29598 |
30867 |
32219 |
|
|
|
| 6 |
|
Hourly |
14.35 |
14.94 |
15.60 |
16.24 |
|
|
|
|
|
Annually |
29848 |
31075 |
32448 |
33779 |
|
|
|
| 7 |
|
Hourly |
15.24 |
15.80 |
16.44 |
17.02 |
17.68 |
|
|
|
|
Annually |
31699 |
32864 |
34195 |
35402 |
36774 |
|
|
| 8 |
|
Hourly |
16.10 |
16.81 |
17.54 |
18.33 |
19.11 |
|
|
|
|
Annually |
33488 |
34965 |
36483 |
38126 |
39749 |
|
|
| 9 |
|
Hourly |
17.18 |
18.07 |
18.96 |
19.90 |
20.92 |
|
|
|
|
Annually |
35734 |
37586 |
39437 |
41392 |
43514 |
|
|
| 10 |
|
Hourly |
18.54 |
19.55 |
20.60 |
21.79 |
22.96 |
|
|
|
|
Annually |
38563 |
40664 |
42848 |
45323 |
47757 |
|
|
| 11 |
|
Hourly |
20.18 |
21.36 |
22.60 |
23.87 |
25.23 |
|
|
|
|
Annually |
41974 |
44429 |
47008 |
49650 |
52478 |
|
|
| 12 |
|
Hourly |
22.26 |
23.52 |
24.78 |
26.15 |
27.61 |
29.11 |
|
|
|
Annually |
46301 |
48922 |
51542 |
54392 |
57429 |
60549 |
|
| 13 |
|
Hourly |
24.54 |
25.89 |
27.31 |
28.77 |
30.39 |
32.04 |
|
|
|
Annually |
51043 |
53851 |
56805 |
59842 |
63211 |
66643 |
|
| 14 |
|
Hourly |
26.99 |
28.51 |
30.05 |
31.69 |
33.48 |
35.35 |
|
|
|
Annually |
56139 |
59301 |
62504 |
65915 |
69638 |
73528 |
|
| 15 |
|
Hourly |
29.64 |
31.31 |
33.08 |
34.90 |
36.84 |
38.86 |
|
|
|
Annually |
61651 |
65125 |
68806 |
72592 |
76627 |
80829 |
|
| 16 |
|
Hourly |
32.69 |
34.50 |
36.40 |
38.44 |
40.56 |
42.88 |
|
|
|
Annually |
67995 |
71760 |
75712 |
79955 |
84365 |
89190 |
|
| 17 |
|
Hourly |
36.02 |
38.01 |
40.14 |
42.35 |
44.71 |
47.21 |
|
|
|
Annually |
74922 |
79061 |
83491 |
88088 |
92997 |
98197 |
|
| 18 |
|
Hourly |
39.69 |
41.89 |
44.25 |
46.68 |
49.27 |
52.02 |
|
|
|
Annually |
82555 |
87131 |
92040 |
97094 |
102482 |
108202 |
|
|
|
Range |
|
Minimum |
|
Maximum |
| 41 |
|
Hourly |
|
16.23 |
|
35.99 |
|
|
Annually |
|
33758 |
|
74859 |
| 42 |
|
Hourly |
|
17.89 |
|
39.75 |
|
|
Annually |
|
37211 |
|
82680 |
| 43 |
|
Hourly |
|
19.70 |
|
43.78 |
|
|
Annually |
|
40976 |
|
91062 |
| 44 |
|
Hourly |
|
21.73 |
|
47.83 |
|
|
Annually |
|
45198 |
|
99486 |
| 45 |
|
Hourly |
|
24.01 |
|
52.21 |
|
|
Annually |
|
49941 |
|
108597 |
| 46 |
|
Hourly |
|
26.43 |
|
57.06 |
|
|
Annually |
|
54974 |
|
118685 |
| 47 |
|
Hourly |
|
29.14 |
|
62.27 |
|
|
Annually |
|
60611 |
|
129522 |
| 48 |
|
Hourly |
|
32.14 |
|
67.95 |
|
|
Annually |
|
66851 |
|
141336 |
| 49 |
|
Hourly |
|
35.44 |
|
73.37 |
|
|
Annually |
|
73715 |
|
152610 |
(D) Beginning on the first day of the pay period that
includes July 1, 2008 2009, each exempt employee who must be paid
in
accordance with schedule E-1 or schedule E-2 of this section
shall
be paid a salary or wage in accordance with the following
schedule
of rates:
|
|
|
Step |
Step |
Step |
Step |
Step |
Step |
|
|
|
Range |
1 |
2 |
3 |
4 |
5 |
6 |
|
| 1 |
|
Hourly |
10.07 |
10.52 |
10.97 |
11.44 |
|
|
|
|
|
Annually |
20946 |
21882 |
22818 |
23795 |
|
|
|
| 2 |
|
Hourly |
12.21 |
12.73 |
13.28 |
13.86 |
|
|
|
|
|
Annually |
25397 |
26478 |
27622 |
28829 |
|
|
|
| 3 |
|
Hourly |
12.79 |
13.37 |
13.96 |
14.57 |
|
|
|
|
|
Annually |
26603 |
27810 |
29037 |
30306 |
|
|
|
| 4 |
|
Hourly |
13.43 12.89 |
14.03 13.47 |
14.70 14.11 |
15.36 14.75 |
|
|
|
|
|
Annually |
27934 26811 |
29182 28018 |
30576 29349 |
31949 30680 |
|
|
|
| 5 |
|
Hourly |
14.09 13.53 |
14.73 14.14 |
15.36 14.75 |
16.03 15.39 |
|
|
|
|
|
Annually |
29307 28142 |
30638 29411 |
31949 30680 |
33342 32011 |
|
|
|
| 6 |
|
Hourly |
14.85 14.26 |
15.46 14.84 |
16.15 15.50 |
16.81 16.14 |
|
|
|
|
|
Annually |
30888 29611 |
32157 30867 |
33592 32240 |
34965 33571 |
|
|
|
| 7 |
|
Hourly |
15.77 15.14 |
16.35 15.70 |
17.02 16.34 |
17.62 16.92 |
18.30 17.57 |
|
|
|
|
Annually |
32802 31491 |
34008 32656 |
35402 33987 |
36650 35194 |
38064 36546 |
|
|
| 8 |
|
Hourly |
16.66 15.91 |
17.40 16.62 |
18.15 17.33 |
18.97 18.12 |
19.78 18.89 |
|
|
|
|
Annually |
34653 33093 |
36192 34570 |
37752 36046 |
39458 37690 |
41142 39291 |
|
|
| 9 |
|
Hourly |
17.78 16.98 |
18.70 17.86 |
19.62 18.74 |
20.60 19.67 |
21.65 20.68 |
|
|
|
|
Annually |
36982 35318 |
38896 37149 |
40810 38979 |
42848 40914 |
45032 43014 |
|
|
| 10 |
|
Hourly |
19.19 18.33 |
20.23 19.32 |
21.32 20.36 |
22.55 21.54 |
23.76 22.69 |
|
|
|
|
Annually |
39915 38126 |
42078 40186 |
44346 42349 |
46904 44803 |
49421 47195 |
|
|
| 11 |
|
Hourly |
20.89 19.95 |
22.11 21.12 |
23.39 22.34 |
24.71 23.60 |
26.11 24.94 |
|
|
|
|
Annually |
43451 41496 |
45989 43930 |
48651 46467 |
51397 49088 |
54309 51875 |
|
|
| 12 |
|
Hourly |
23.04 21.89 |
24.34 23.12 |
25.65 24.37 |
27.07 25.72 |
28.58 27.15 |
30.13 28.62 |
|
|
|
Annually |
47923 45531 |
50627 48090 |
53352 50690 |
56306 53498 |
59446 56472 |
62670 59530 |
|
| 13 |
|
Hourly |
25.40 24.13 |
26.80 25.46 |
28.27 26.86 |
29.78 28.29 |
31.45 29.88 |
33.16 31.50 |
|
|
|
Annually |
52832 50190 |
55744 52957 |
58802 55869 |
61942 58843 |
65416 62150 |
68973 65520 |
|
| 14 |
|
Hourly |
27.93 26.53 |
29.51 28.03 |
31.10 29.55 |
32.80 31.16 |
34.65 32.92 |
36.59 34.76 |
|
|
|
Annually |
58094 55182 |
61381 58302 |
64688 61464 |
68224 64813 |
72072 68474 |
76107 72301 |
|
| 15 |
|
Hourly |
30.68 29.15 |
32.41 30.79 |
34.24 32.53 |
36.12 34.31 |
38.13 36.22 |
40.22 38.21 |
|
|
|
Annually |
63814 60632 |
67413 64043 |
71219 67662 |
75130 71365 |
79310 75338 |
83658 79477 |
|
| 16 |
|
Hourly |
33.83 32.14 |
35.71 33.92 |
37.67 35.79 |
39.79 37.80 |
41.98 39.88 |
44.38 42.16 |
|
|
|
Annually |
70366 66851 |
74277 70554 |
78354 74443 |
82763 78264 |
87318 82950 |
92310 87693 |
|
| 17 |
|
Hourly |
37.28 35.42 |
39.34 37.37 |
41.54 39.46 |
43.83 41.64 |
46.27 43.96 |
48.86 46.42 |
|
|
|
Annually |
77542 73674 |
81827 77730 |
86403 82077 |
91166 86611 |
96242 91437 |
101629 96554 |
|
| 18 |
|
Hourly |
41.08 39.03 |
43.36 41.19 |
45.80 43.51 |
48.31 45.89 |
50.99 48.44 |
53.84 51.15 |
|
|
|
Annually |
85446 81182 |
90189 85675 |
95264 90501 |
100485 95451 |
106059 100755 |
111987 106392 |
|
|
|
Range |
|
Minimum |
|
Maximum |
| 41 |
|
Hourly |
|
16.23 15.58 |
|
37.25 |
|
|
Annually |
|
33758 32406 |
|
77480 |
| 42 |
|
Hourly |
|
17.89 17.08 |
|
41.14 |
|
|
Annually |
|
37211 35526 |
|
85571 |
| 43 |
|
Hourly |
|
19.70 18.81 |
|
45.31 |
|
|
Annually |
|
40976 39125 |
|
94245 |
| 44 |
|
Hourly |
|
21.73 20.75 |
|
49.50 |
|
|
Annually |
|
45198 43160 |
|
102960 |
| 45 |
|
Hourly |
|
24.01 22.81 |
|
54.04 |
|
|
Annually |
|
49941 47445 |
|
112403 |
| 46 |
|
Hourly |
|
26.43 25.11 |
|
59.06 |
|
|
Annually |
|
54974 52229 |
|
122845 |
| 47 |
|
Hourly |
|
29.14 27.68 |
|
64.45 |
|
|
Annually |
|
60611 57574 |
|
134056 |
| 48 |
|
Hourly |
|
32.14 30.53 |
|
70.33 |
|
|
Annually |
|
66851 63502 |
|
146286 |
| 49 |
|
Hourly |
|
35.44 33.67 |
|
75.94 |
|
|
Annually |
|
73715 70034 |
|
157955 |
(E) Beginning on the first day of the pay period that
includes July 1, 2006, each exempt employee who must be paid in
accordance with schedule E-1 for step seven only shall be paid a
salary or wage in accordance with the following schedule of rates:
Schedule E-1 for Step Seven Only
Pay Ranges and Step Seven Values
|
|
Range |
|
|
|
|
| 12 |
|
Hourly |
29.68 |
|
|
|
|
|
Annually |
61734 |
|
|
|
| 13 |
|
Hourly |
32.66 |
|
|
|
|
|
Annually |
67933 |
|
|
|
| 14 |
|
Hourly |
36.01 |
|
|
|
|
|
Annually |
74901 |
|
|
|
| 15 |
|
Hourly |
39.61 |
|
|
|
|
|
Annually |
82389 |
|
|
|
| 16 |
|
Hourly |
43.70 |
|
|
|
|
|
Annually |
90896 |
|
|
|
| 17 |
|
Hourly |
48.13 |
|
|
|
|
|
Annually |
100110 |
|
|
|
| 18 |
|
Hourly |
53.02 |
|
|
|
|
|
Annually |
110282 |
|
|
|
(F) Beginning on the first day of the pay period that
includes July 1, 2007, each exempt employee who must be paid in
accordance with schedule E-1 for step seven only shall be paid a
salary or wage in accordance with the following schedule of rates:
Schedule E-1 for Step Seven Only
Pay Ranges and Step Values
|
|
Range |
|
|
|
|
| 12 |
|
Hourly |
30.72 |
|
|
|
|
|
Annually |
63898 |
|
|
|
| 13 |
|
Hourly |
33.80 |
|
|
|
|
|
Annually |
70304 |
|
|
|
| 14 |
|
Hourly |
37.27 |
|
|
|
|
|
Annually |
77522 |
|
|
|
| 15 |
|
Hourly |
41.00 |
|
|
|
|
|
Annually |
85280 |
|
|
|
| 16 |
|
Hourly |
45.23 |
|
|
|
|
|
Annually |
94078 |
|
|
|
| 17 |
|
Hourly |
49.81 |
|
|
|
|
|
Annually |
103605 |
|
|
|
| 18 |
|
Hourly |
54.88 |
|
|
|
|
|
Annually |
114150 |
|
|
|
(C) Beginning on the first day of the pay period that
includes July 1, 2011, each exempt employee who must be paid in
accordance with schedule E-1 or schedule E-2 of this section shall
be paid a salary or wage in accordance with the following schedule
of rates:
|
|
|
Step |
Step |
Step |
Step |
Step |
Step |
|
|
|
Range |
1 |
2 |
3 |
4 |
5 |
6 |
|
| 1 |
|
Hourly |
10.07 |
10.52 |
10.97 |
11.44 |
|
|
|
|
|
Annually |
20946 |
21882 |
22818 |
23795 |
|
|
|
| 2 |
|
Hourly |
12.21 |
12.73 |
13.28 |
13.86 |
|
|
|
|
|
Annually |
25397 |
26478 |
27622 |
28829 |
|
|
|
| 3 |
|
Hourly |
12.79 |
13.37 |
13.96 |
14.57 |
|
|
|
|
|
Annually |
26603 |
27810 |
29037 |
30306 |
|
|
|
| 4 |
|
Hourly |
13.43 |
14.03 |
14.70 |
15.36 |
|
|
|
|
|
Annually |
27934 |
29182 |
30576 |
31949 |
|
|
|
| 5 |
|
Hourly |
14.09 |
14.73 |
15.36 |
16.03 |
|
|
|
|
|
Annually |
29307 |
30638 |
31949 |
33342 |
|
|
|
| 6 |
|
Hourly |
14.85 |
15.46 |
16.15 |
16.81 |
|
|
|
|
|
Annually |
30888 |
32157 |
33592 |
34965 |
|
|
|
| 7 |
|
Hourly |
15.77 |
16.35 |
17.02 |
17.62 |
18.30 |
|
|
|
|
Annually |
32802 |
34008 |
35402 |
36650 |
38064 |
|
|
| 8 |
|
Hourly |
16.66 |
17.40 |
18.15 |
18.97 |
19.78 |
|
|
|
|
Annually |
34653 |
36192 |
37752 |
39458 |
41142 |
|
|
| 9 |
|
Hourly |
17.78 |
18.70 |
19.62 |
20.60 |
21.65 |
|
|
|
|
Annually |
36982 |
38896 |
40810 |
42848 |
45032 |
|
|
| 10 |
|
Hourly |
19.19 |
20.23 |
21.32 |
22.55 |
23.76 |
|
|
|
|
Annually |
39915 |
42078 |
44346 |
46904 |
49421 |
|
|
| 11 |
|
Hourly |
20.89 |
22.11 |
23.39 |
24.71 |
26.11 |
|
|
|
|
Annually |
43451 |
45989 |
48651 |
51397 |
54309 |
|
|
| 12 |
|
Hourly |
23.04 |
24.34 |
25.65 |
27.07 |
28.58 |
30.13 |
|
|
|
Annually |
47923 |
50627 |
53352 |
56306 |
59446 |
62670 |
|
| 13 |
|
Hourly |
25.40 |
26.80 |
28.27 |
29.78 |
31.45 |
33.16 |
|
|
|
Annually |
52832 |
55744 |
58802 |
61942 |
65416 |
68973 |
|
| 14 |
|
Hourly |
27.93 |
29.51 |
31.10 |
32.80 |
34.65 |
36.59 |
|
|
|
Annually |
58094 |
61381 |
64688 |
68224 |
72072 |
76107 |
|
| 15 |
|
Hourly |
30.68 |
32.41 |
34.24 |
36.12 |
38.13 |
40.22 |
|
|
|
Annually |
63814 |
67413 |
71219 |
75130 |
79310 |
83658 |
|
| 16 |
|
Hourly |
33.83 |
35.71 |
37.67 |
39.79 |
41.98 |
44.38 |
|
|
|
Annually |
70366 |
74277 |
78354 |
82763 |
87318 |
92310 |
|
| 17 |
|
Hourly |
37.28 |
39.34 |
41.54 |
43.83 |
46.27 |
48.86 |
|
|
|
Annually |
77542 |
81827 |
86403 |
91166 |
96242 |
101629 |
|
| 18 |
|
Hourly |
41.08 |
43.36 |
45.80 |
48.31 |
50.99 |
53.84 |
|
|
|
Annually |
85446 |
90189 |
95264 |
100485 |
106059 |
111987 |
|
|
|
Range |
|
Minimum |
|
Maximum |
| 41 |
|
Hourly |
|
16.23 |
|
37.25 |
|
|
Annually |
|
33758 |
|
77480 |
| 42 |
|
Hourly |
|
17.89 |
|
41.14 |
|
|
Annually |
|
37211 |
|
85571 |
| 43 |
|
Hourly |
|
19.70 |
|
45.31 |
|
|
Annually |
|
40976 |
|
94245 |
| 44 |
|
Hourly |
|
21.73 |
|
49.50 |
|
|
Annually |
|
45198 |
|
102960 |
| 45 |
|
Hourly |
|
24.01 |
|
54.04 |
|
|
Annually |
|
49941 |
|
112403 |
| 46 |
|
Hourly |
|
26.43 |
|
59.06 |
|
|
Annually |
|
54974 |
|
122845 |
| 47 |
|
Hourly |
|
29.14 |
|
64.45 |
|
|
Annually |
|
60611 |
|
134056 |
| 48 |
|
Hourly |
|
32.14 |
|
70.33 |
|
|
Annually |
|
66851 |
|
146286 |
| 49 |
|
Hourly |
|
35.44 |
|
75.94 |
|
|
Annually |
|
73715 |
|
157955 |
(G)(D) Beginning on the first day of the pay period that
includes July 1, 2008 2009, each exempt employee who must be paid
in
accordance with salary schedule E-1 for step seven only shall
be
paid a salary or wage in accordance with the following
schedule of
rates:
Schedule E-1 for Step Seven Only
|
|
Range |
|
|
|
|
| 12 |
|
Hourly |
31.80 30.21 |
|
|
|
|
|
Annually |
66144 62837 |
|
|
|
| 13 |
|
Hourly |
34.98 33.23 |
|
|
|
|
|
Annually |
72758 69118 |
|
|
|
| 14 |
|
Hourly |
38.57 36.64 |
|
|
|
|
|
Annually |
80226 76211 |
|
|
|
| 15 |
|
Hourly |
42.44 40.32 |
|
|
|
|
|
Annually |
88275 83866 |
|
|
|
| 16 |
|
Hourly |
46.81 44.47 |
|
|
|
|
|
Annually |
97365 92498 |
|
|
|
| 17 |
|
Hourly |
51.55 48.97 |
|
|
|
|
|
Annually |
107224 101858 |
|
|
|
| 18 |
|
Hourly |
56.80 53.96 |
|
|
|
|
|
Annually |
118144 112237 |
|
|
|
(E) Beginning on the first day of the pay period that
includes July 1, 2011, each exempt employee who must be paid in
accordance with salary schedule E-1 for step seven only shall be
paid a salary or wage in accordance with the following schedule of
rates:
Schedule E-1 for Step Seven Only
|
|
Range |
|
|
|
|
| 12 |
|
Hourly |
31.80 |
|
|
|
|
|
Annually |
66144 |
|
|
|
| 13 |
|
Hourly |
34.98 |
|
|
|
|
|
Annually |
72758 |
|
|
|
| 14 |
|
Hourly |
38.57 |
|
|
|
|
|
Annually |
80226 |
|
|
|
| 15 |
|
Hourly |
42.44 |
|
|
|
|
|
Annually |
88275 |
|
|
|
| 16 |
|
Hourly |
46.81 |
|
|
|
|
|
Annually |
97365 |
|
|
|
| 17 |
|
Hourly |
51.55 |
|
|
|
|
|
Annually |
107224 |
|
|
|
| 18 |
|
Hourly |
56.80 |
|
|
|
|
|
Annually |
118144 |
|
|
|
(H)(F) As used in this section, "exempt employee" means a
permanent full-time or permanent part-time employee paid directly
by warrant of the director of budget and management whose position
is included in
the job classification plan established under
division (A) of
section 124.14 of the Revised Code but who is not
considered a
public employee for the purposes of Chapter 4117. of
the Revised
Code. As used in this section, "exempt employee" also
includes a
permanent full-time or permanent part-time employee of
the
secretary of state, auditor of state, treasurer of state, or
attorney general who has not been placed in an appropriate
bargaining unit by the state employment relations board.
Sec. 124.18. (A) Forty hours shall be the standard work week
for all employees whose salary or wage is paid in whole or in
part
by the state or by any state-supported college or
university. When
any employee whose salary or wage is paid in
whole or in part by
the state or by any state-supported college
or university is
required by an authorized administrative
authority to be in an
active pay status more than forty hours in
any calendar week, the
employee shall be compensated for such
time over
forty hours,
except as otherwise provided in this section, at one
and one-half
times the employee's regular rate of pay. The use of sick
leave or
any leave used in lieu of sick leave shall not be considered to be
active pay status for the purposes of
earning overtime or
compensatory time by employees whose wages are paid
directly by
warrant of the director of budget and management. A flexible-hours
employee is not entitled to compensation for overtime work unless
the employee's authorized administrative authority required
the
employee to be in
active pay status for more than forty hours in a
calendar week,
regardless of the number of hours the employee
works on any
day in the same calendar week.
Such compensation for overtime work shall be paid no
later
than at the conclusion of the next succeeding pay period.
If the employee elects to take compensatory time off in
lieu
of overtime pay for any overtime worked, such compensatory
time
shall be granted by the employee's administrative
superior, on a
time
and one-half basis, at a time mutually convenient to the
employee
and the administrative superior. Compensatory time is not
available for use until it appears on the employee's earning
statement and the compensation described in the earning statement
is available to the employee.
An employee may accrue
compensatory time to a maximum of two
hundred forty hours, except
that public safety employees and other
employees who meet the
criteria established in the "Federal Fair
Labor Standards Act of
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213,
as amended, may
accrue a maximum of four hundred eighty hours of
compensatory
time. An employee shall be paid at the employee's
regular
rate of pay for
any hours of compensatory time accrued in
excess of these maximum
amounts if the employee has not used the
compensatory time within
one hundred eighty days after it is
granted, if the employee
transfers to another agency of the state,
or if a change in the
employee's status exempts the employee from
the payment of
overtime
compensation. Upon the termination of
employment, any employee
with accrued but unused compensatory time
shall be paid for that
time at a rate that is the greater of the
employee's final
regular rate of pay or the employee's average
regular rate of pay
during the employee's last three years of
employment with
the state.
No overtime, as described in this section, can be paid
unless
it has been authorized by the authorized administrative
authority.
Employees may be exempted from the payment of
compensation as
required by this section only under the criteria
for exemption
from the payment of overtime compensation
established in the
"Federal Fair Labor Standards Act of 1938," 52
Stat. 1060, 29
U.S.C.A. 207, 213, as amended. With the approval
of the director
of administrative services, the appointing
authority may establish
a policy to grant compensatory time or to
pay compensation to
state employees who are exempt from overtime
compensation. With
the approval of the board of county commissioners, a
county human
services department may establish a policy to grant compensatory
time or to pay compensation to employees of the department who are
exempt from
overtime compensation.
(B)(1) An Except as otherwise provided in section 124.19 of
the Revised Code, an employee, whose salary or wage is paid in
whole or
in
part by the state, shall be paid for the holidays
declared in that
section 124.19 of the Revised Code and shall not
be required to
work on those holidays, unless, in the opinion of
the employee's
responsible administrative authority, failure to
work on those
holidays would impair the public service. An
employee paid
directly by
warrant of the director of budget and
management who
is scheduled to work on a holiday and who
does not
report to work
the day before, the day of, or the day after the
holiday due to an
illness of the employee or of a member of
the
employee's immediate
family shall not receive holiday pay as
provided by
this division,
unless the employee can provide
documentation of extenuating
circumstances that prohibited the
employee from so reporting to
work. An employee also shall not be
paid
for a holiday unless the
employee was in active pay status
on the scheduled
work day
immediately preceding the holiday,
except that an employee need
not be in active pay status on that
work day in order to be paid
for the holiday if the employee is
furloughed on that work day
under section 124.392 of the Revised
Code.
(2) If any
of the holidays declared in section 124.19 of the
Revised Code
falls on Saturday, the Friday immediately preceding
shall be observed as the holiday. If any of the
holidays declared
in section 124.19 of the Revised Code falls on Sunday,
the Monday
immediately succeeding shall be
observed as the holiday. Employees
whose work schedules are
based on the requirements of a
seven-days-a-week work operation shall observe
holidays on the
actual days specified in section 124.19 of the Revised Code.
(3) If an employee's work schedule is other
than Monday
through Friday, the employee shall be entitled to eight hours of
holiday pay for holidays observed on the employee's day off
regardless
of the day of the
week on which they are observed.
(4) A full-time permanent employee
is entitled to a minimum
of eight hours of pay for each holiday regardless of
the
employee's work shift and work schedule. A
flexible-hours
employee, who is normally scheduled to work in excess of eight
hours on a day on which a holiday falls, either shall be required
to work an alternate schedule for that week or shall receive
additional holiday pay for the hours the employee is normally
scheduled to work. Such an alternate schedule may require a
flexible-hours employee to work five shifts consisting of eight
hours each during the week including the holiday, and, in that
case, the employee shall receive eight hours of holiday pay for
the day the holiday is observed.
(5) Part-time permanent
employees shall receive holiday pay
on a pro-rated basis, based upon the daily average of actual hours
worked, excluding overtime hours worked, in the previous calendar
quarter. The figure shall be calculated for the preceding calendar
quarter on the first day of January, April, July, and October of
each year.
(6) When an employee who is eligible for overtime pay under
this section is required by the employee's responsible
administrative
authority to work on the day observed as a holiday,
the
employee shall be
entitled to pay for such time worked at one
and one-half times
the employee's regular rate of pay in addition
to the
employee's regular pay, or to be
granted compensatory time
off at time and one-half thereafter, at
the employee's option.
Payment at such rate shall be excluded in
the calculation of hours
in active pay status.
(C) Each appointing authority may designate the number of
employees in an agency who are flexible-hours employees. The
appointing authority may establish for each flexible-hours
employee a specified minimum number of hours to be worked each
day
that is consistent with the "Federal Fair Labor Standards Act
of
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.
(D) This section shall be uniformly administered for
employees as defined in
section 124.01 of the Revised Code and by
the personnel
departments of state-supported colleges and
universities for
employees of state-supported colleges and
universities. If employees are
not paid directly by warrant of the
director of budget and management, the political
subdivision
shall
determine whether the use of sick leave shall be considered to be
active
pay status for purposes of those employees earning overtime
or compensatory
time.
(E) Policies relating to the payment of overtime pay or the
granting of compensatory time off shall be adopted by the
chief
administrative officer of the house of representatives for
employees
of the house of representatives, by the clerk of the
senate for
employees of the senate, and by the director of the
legislative
service commission for all other legislative
employees.
(F) As used in this section, "regular rate of pay" means the
base rate of pay an employee receives plus any pay supplements
received pursuant to section 124.181 of the Revised Code.
Sec. 124.19. (A)(1) State holidays shall be the first day of
January, the third Monday in January, the third Monday in
February, the day designated in the "Act of
June 28, 1968,"
82
Stat. 250, 5 U.S.C. 6103, as amended, for the
commemoration of
Memorial day, the fourth day of July, the first
Monday in
September, the second Monday in October, the eleventh
day of
November, the fourth Thursday in November, the
twenty-fifth day of
December, and any day appointed and
recommended by the governor of
this state or the president of the
United States. Employees Except
as provided in division (A)(2) of this section, employees shall
be
paid for these holidays as
specified in section 124.18 of the
Revised Code.
(2)(a) Except as provided in division (A)(2)(b) of this
section, if the governor declares a fiscal emergency under section
126.05 of the Revised Code, the governor may place a moratorium on
the receipt of pay by employees paid by warrant of the director of
budget and management for any of the holidays listed in division
(A)(1) of this section during the period from July 1, 2009,
through June 30, 2011.
The moratorium applies to employees of the secretary of
state, auditor of state, treasurer of state, and attorney general
who are subject to this section, unless the secretary of state,
auditor of state, treasurer of state, or attorney general chooses
to exempt the office's employees from the moratorium and so
notifies the director of administrative services in writing not
later than thirty days before the date of the unpaid holiday.
The moratorium does not apply to the officers and employees
of the judicial branch who are subject to this section, unless the
chief justice of the supreme court determines that these officers
and employees will be subject to the moratorium and so notifies
the director of administrative services in writing, in accordance
with guidance established by the director, not later than thirty
days before the date of the unpaid holiday.
The moratorium does not apply to the employees of the general
assembly and legislative agencies who are subject to this section,
unless the president of the senate and speaker of the house of
representatives jointly determine that these employees will be
subject to the moratorium and so notify the director of
administrative services in writing, in accordance with guidance
established by the director, not later than thirty days before the
date of the unpaid holiday.
(b) During the period from July 1, 2009, through June 30,
2011, those employees who are subject to a moratorium imposed by
division (A)(2)(a) of this section and who are required by their
appointing authorities to work on the holidays listed in division
(A)(1) of this section shall be paid at their regular rate of pay
for any such time worked on the holiday, subject to any applicable
overtime provisions of the "Federal Fair Labor Standards Act of
1938," 52 Stat. 1069, 29 U.S.C. 207, 213, as amended.
(B) The board of trustees of a community college,
technical
college, state community college, or state university
or college
as defined in division (A)(1) of section 3345.12 of
the Revised
Code may, for all employees of the college or
university, observe
on days other than those specified in
division (A) of this section
any of the holidays otherwise
observed on the third Monday in
January, the third Monday in
February, and the second Monday in
October.
Sec. 124.23. (A) All applicants for positions and places
in
the classified service shall be subject to examination, except
for
applicants for positions as professional or certified service
and
paraprofessional employees of county boards of mental
retardation
and developmental disabilities, who shall be hired in
the manner
provided in section 124.241 of the Revised Code.
(B) Any examination administered under this section shall be
public and be open to all citizens of the United States and those
persons who have legally declared their intentions of becoming
United States citizens, within certain limitations to be
determined by. For examinations administered for positions in the
service of the state, the director of administrative services may
determine certain limitations as to
citizenship,
age, experience,
education, health,
habit,
and moral
character. Any
(C) Any person who has completed service in the uniformed
services, who has been honorably discharged from the uniformed
services or
transferred
to the reserve with evidence of
satisfactory service,
and who is a
resident of this state and any
member of the national guard or a reserve component of the armed
forces of the United States who has completed more than one
hundred eighty days of active duty service pursuant to an
executive order of the president of the United States or an act of
the congress of the United States may file with the director a
certificate of service or honorable discharge,
and, upon this
filing, the
person shall
receive additional credit of twenty per
cent of the person's
total grade given in the regular examination
in which the person receives a
passing grade.
As used in this division, "service in the
uniformed services"
and "uniformed services" have the same
meanings as in the
"Uniformed Services Employment and Reemployment
Rights Act of
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.
(C)(D) An examination
may include an evaluation of such
factors
as education, training,
capacity, knowledge, manual
dexterity, and
physical or
psychological fitness. An examination
shall consist of
one or more
tests in any combination. Tests may
be written, oral,
physical,
demonstration of skill, or an
evaluation of training and
experiences and shall be designed to
fairly test the relative
capacity of the persons examined to
discharge the particular
duties of the position for which
appointment is sought. Tests may
include structured interviews,
assessment centers, work
simulations, examinations of knowledge,
skills, and abilities, and
any other acceptable testing methods.
If
minimum or maximum
requirements are
established for any
examination, they shall be
specified in the
examination
announcement.
(D)(E) The director of administrative services shall have
control of
all
examinations administered for positions in the
service of the state and all other examinations the director
administers as provided in section 124.07 of the Revised Code,
except
as otherwise provided in
sections 124.01
to 124.64 of the
Revised
Code. No
(F) No questions in any
examination
shall relate to
political
or religious opinions or
affiliations.
No credit for
seniority,
efficiency, or any other
reason shall be
added to an
applicant's
examination grade unless
the applicant
achieves at
least the
minimum passing grade on the
examination
without
counting
that extra credit.
(E)(G) Except as otherwise provided in sections 124.01 to
124.64
of
the Revised Code, the director of administrative
services shall
give reasonable notice
of the time, place, and
general scope of
every competitive examination for appointment to
a position in
the
civil service that the director administers for
positions in the service of the state. The director shall send
written, printed, or
electronic notices
of
every examination to
be conducted for positions in
the
state classified civil service
of the state to each agency of the type
the
director
of job and
family services specifies and, in the case of
a county
in which no
such agency is located, to the clerk of the
court of
common pleas
of
that county and to the clerk of each city
located
within
that
county. Those notices shall be
posted in conspicuous
public places
in the designated agencies
or
the courthouse, and
city hall of
the
cities, of the counties in
which no designated
agency is
located for at least two weeks preceding any examination
involved, and in
a conspicuous place in the office of
the director
of
administrative services for at least two weeks preceding
any
examination involved. In case of examinations limited by the
director
to a district, county, city, or
department,
the director
shall provide
by rule for adequate publicity
of an examination in
the
district, county, city, or department within which
competition
is
permitted.
Sec. 124.321. (A) Whenever it becomes necessary for an
appointing authority to reduce its work force, the appointing
authority shall lay off employees or abolish their positions in
accordance with sections 124.321 to 124.327 of the Revised Code
and. If the affected work force is in the service of the state,
the reduction shall also be in compliance with the rules of the
director of administrative services.
(B)(1) Employees may be laid off as a result of a lack of
funds within an appointing authority. For appointing authorities
that employ persons whose salary or wage is paid by warrant of
the
director of budget and management, the director of budget and
management shall
be responsible for determining, consistent with
the rules adopted under division (B)(3) of this section, whether a
lack of funds exists.
For appointing authorities that employ
persons whose
salary or wage is paid other than by warrant of the
director of budget and management, the appointing authority itself
shall determine whether a
lack of funds exists and shall file a
statement of rationale and
supporting documentation with the
director of administrative
services prior to sending the layoff
notice.
(2) As used in this division, a "lack of funds" means an
appointing authority has a current
or projected deficiency of
funding to maintain current, or to
sustain projected, levels of
staffing and operations. This
section does not require any
transfer of money between funds in
order to offset a deficiency or
projected deficiency of
funding for programs funded by the
federal government, special revenue accounts, or proprietary
accounts. Whenever a
program receives funding through a grant or
similar mechanism, a
lack of funds shall be presumed for the
positions assigned to and
the employees who work under the grant
or similar mechanism if,
for any reason, the funding is reduced or
withdrawn.
(3) The director of budget and management shall adopt
rules,
under Chapter 119. of the Revised Code, for agencies whose
employees are paid by warrant of the director of budget and
management, for
determining whether a lack of funds exists.
(C)(1) Employees may be laid off as a result of lack of work
within an appointing authority. For appointing authorities whose
employees are paid by warrant of the director of budget and
management, the
director of administrative services shall
determine, consistent with the rules adopted under division (F) of
this section, whether a
lack of work exists. All other appointing
authorities shall
themselves determine whether a lack of work
exists and shall file
a statement of rationale and supporting
documentation with the
director of administrative services prior
to sending the layoff notice.
(2) As used in this division, a "lack of work" means an
appointing
authority has a current or projected decrease in
workload that requires a
reduction of current or projected
staffing levels in its organization or structure. The
determination of a lack of work shall indicate the current or
projected decrease in workload and whether the current or
projected staffing levels of
the appointing authority will be
excessive.
(D)(1) Employees may be laid off as a result of abolishment
of positions. As used in this division, "abolishment" means the
deletion of a
position or positions from the organization or
structure of an
appointing authority.
For purposes of this division, an appointing authority may
abolish positions for any one or any combination of the following
reasons: as a
result of a reorganization for the efficient
operation of the
appointing authority, for reasons of economy, or
for lack of
work.
(2)(a) Reasons of economy permitting an appointing authority
to abolish a position and to lay off the holder of that position
under this division shall be determined at the time the appointing
authority proposes to abolish the position. The reasons of economy
shall be based on the appointing authority's estimated amount of
savings with respect to salary, benefits, and other matters
associated with the abolishment of the position, except that the
reasons of economy associated with the position's abolishment
instead may be based on the appointing authority's estimated
amount of savings with respect to salary and benefits only, if:
(i) Either the appointing authority's operating appropriation
has been reduced by an executive or legislative action, or the
appointing authority has a current or projected deficiency in
funding to maintain current or projected levels of staffing and
operations; and
(ii) In the case of a position in the service of the state,
it files a notice of the position's abolishment with the director
of administrative services within one year of the occurrence of
the applicable circumstance described in division (D)(2)(a)(i) of
this section.
(b) The following principles apply when a circumstance
described in division (D)(2)(a)(i) of this section would serve to
authorize an appointing authority to abolish a position and to lay
off the holder of the position under this division based on the
appointing authority's estimated amount of savings with respect to
salary and benefits only:
(i) The position's abolishment shall be done in good faith
and not as a subterfuge for discipline.
(ii) If a circumstance affects a specific program only, the
appointing authority only may abolish a position within that
program.
(iii) If a circumstance does not affect a specific program
only, the appointing authority may identify a position that it
considers appropriate for abolishment based on the reasons of
economy.
(3) Each appointing authority shall
determine itself whether
any position should be abolished. An appointing authority
abolishing any position in the service of the state shall file
a
statement of rationale and supporting documentation with the
director of administrative services prior to sending the notice
of
abolishment.
If an abolishment results in a reduction of the
work force,
the appointing authority shall follow the procedures
for laying
off employees, subject to the following modifications:
(a) The employee whose position has been abolished shall
have
the right to fill an available vacancy within the employee's
classification.
(b) If the employee whose position has been abolished has
more retention points than any other employee serving in the same
classification, the employee with the fewest retention
points
shall be displaced.
(c) If the employee whose position has been abolished has
the
fewest retention points in the classification, the employee
shall
have the right to fill an available vacancy in a lower
classification in the classification series.
(d) If the employee whose position has been abolished has
the
fewest retention points in the classification, the employee
shall
displace the employee with the fewest retention points in
the next
or successively lower classification in the
classification series.
(E) Notwithstanding any contrary provision of the
displacement procedure described in
section 124.324 of the Revised
Code for employees to displace
other employees during a layoff,
the director of
administrative services or a county appointing
authority may establish a paper lay-off process under
which
employees who are to be laid off or displaced may be required,
before the date of
their paper layoff, to preselect their options
for displacing other employees.
(F) The director of administrative services shall
adopt rules
under Chapter 119. of the Revised Code for the
determination of
lack of work within an appointing authority, for
the abolishment
of positions by an appointing authority, and for
the
implementation of this section as it relates to positions in the
service of the state.
Sec. 124.324. (A) A laid-off employee has the right to
displace the employee with the fewest retention points in the
following order:
(1) Within the classification from which the employee was
laid off;
(2) Within the classification series from which the
employee
was laid off;
(3) Within the classification the employee held
immediately
prior to holding the classification from which the
employee was
laid off, except that the employee may not displace employees in a
classification if
the employee does not meet the minimum
qualifications of the
classification or if the employee last held
the classification more
than three years prior to the date on
which the employee was laid
off.
If, after exercising displacement rights, an employee is
subject to further layoff action, the employee's
displacement
rights shall
be in accordance with the classification from which
the
employee was first laid off.
The director of administrative services shall verify the
calculation of the retention
points of all employees in the
service of the state in an affected classification in
accordance
with section 124.325 of the Revised Code.
(B) Following the order of layoff, an employee laid off in
the classified civil service shall displace another employee
within the same appointing authority or independent institution
and layoff jurisdiction in the following manner:
(1) Each laid-off employee possessing more retention
points
shall displace the employee with the fewest retention
points in
the next lower classification or successively lower
classification
in the same classification series.
(2) Any employee displaced by an employee possessing more
retention points shall displace the employee with the fewest
retention points in the next lower classification or successively
lower classification in the same classification series. This
process shall continue, if necessary,
until the employee with the
fewest retention points in the lowest
classification of the
classification series of the same
appointing authority or
independent institution has been reached
and, if necessary, laid
off.
(C) Employees shall notify the appointing authority of
their
intention to exercise their displacement rights, within
five days
after receiving notice of layoff. This division does not apply if
the director of administrative services has established a paper
lay-off process pursuant to division (E) of section 124.321 of the
Revised Code that includes a different notification requirement
for employees exercising their displacement rights under that
process.
(D) No employee shall displace an employee for whose
position
or classification there are certain position-specific minimum
qualifications, as established by the appointing authority and
reviewed for validity by the department of administrative
services, or as established by bona fide occupational
qualification, unless the employee desiring to displace another
employee possesses the requisite position-specific minimum
qualifications for the
position or classification.
(E) If an employee exercising displacement rights must
displace an employee in another county within the same layoff
district, the displacement shall not be construed to be a
transfer.
(F) The director of administrative services shall
adopt rules
under Chapter 119. of the Revised Code for the
implementation of
this section as it relates to positions in the service of the
state.
Sec. 124.325. (A) Retention points to reflect the length
of
continuous service and efficiency in service for all employees
affected by a layoff shall be verified by the director of
administrative services for positions in the service of the state.
(B) An employee's length of continuous service will be
carried from one layoff jurisdiction to another so long as no
break in service occurs between transfers or appointments.
(C) If two or more employees have an identical number
of
retention points, employees having the shortest period of
continuous service shall be laid off first.
(D)(1) As used in this division,
"affected employee" means
a
city employee who becomes a county employee, or a county
employee
who becomes a city employee, as the result of any of the
following:
(a) The merger of a city and a county office;
(b) The merger of city and county functions or duties;
(c) The transfer of functions or duties between a city and
county.
(2) For purposes of this section, the new employer of any
affected employee shall treat the employee's prior service with
a
former employer as if it had been served with the new
employer.
(E) The director of administrative services shall adopt rules
in accordance
with
Chapter 119. of the Revised Code to establish a
system for
the
assignment of retention points for each employee in
the service of the state in a
classification affected by a layoff
and for determining, in those
instances where employees in the
service of the state have identical retention points, which
employee shall be laid off first.
Sec. 124.34. (A) The tenure of every officer or employee in
the classified service of the state and the counties, civil
service townships, cities, city health districts, general health
districts, and city school districts of the state, holding a
position
under this chapter, shall be during good
behavior and
efficient service. No
officer
or employee shall be reduced
in pay
or position, fined, suspended, or removed,
or have the
officer's
or employee's longevity reduced or eliminated,
except as
provided
in section 124.32 of the Revised Code, and for
incompetency,
inefficiency, dishonesty, drunkenness, immoral
conduct,
insubordination, discourteous treatment of the public,
neglect of
duty, violation of any policy or work rule of the officer's or
employee's appointing authority, violation of this chapter or the
rules of the
director of administrative services or the
commission, any
other
failure of good behavior, any other acts of
misfeasance,
malfeasance, or nonfeasance in office, or conviction
of a
felony.
The denial of a one-time pay supplement or a bonus to
an
officer or employee is not a reduction in pay for purposes of
this
section.
This section does not apply to any modifications or
reductions in pay authorized by section 124.152 or 124.392 of the
Revised Code.
An appointing authority may require an employee who is
suspended
to report to work to serve the suspension. An employee
serving a
suspension in this manner shall continue to be
compensated at
the employee's regular rate of pay for hours
worked.
The
disciplinary action shall be recorded in the
employee's
personnel file in the same manner as
other disciplinary
actions and has the same effect as a
suspension without pay for
the purpose of recording disciplinary actions.
A finding by the appropriate ethics commission, based
upon a
preponderance of the evidence, that the facts alleged in a
complaint
under section
102.06 of the Revised Code constitute a
violation of Chapter
102., section 2921.42, or section 2921.43 of
the Revised Code may
constitute grounds for dismissal. Failure to
file a statement or
falsely filing a statement required by section
102.02 of the
Revised Code may also constitute grounds for
dismissal. The tenure of an
employee in the career professional
service of the department of
transportation is subject to section
5501.20 of the Revised Code.
Conviction of a felony is a separate basis for reducing in
pay or
position, suspending, or removing an officer or employee,
even if the officer
or employee has already been reduced in pay or
position, suspended, or removed
for the same conduct that is the
basis of the felony. An officer or employee
may not appeal to the
state
personnel board of review or the commission any disciplinary
action taken by
an appointing authority as a result of the
officer's or employee's conviction
of a felony. If an officer or
employee removed under this section is
reinstated as a result of
an appeal of the removal, any conviction of a felony
that occurs
during the pendency of the appeal is a basis for
further
disciplinary action under this section upon the officer's or
employee's reinstatement.
A person convicted of a felony immediately forfeits the
person's status as
a classified employee
in any public employment
on and after the date of
the conviction
for the felony. If an
officer or employee is removed under this section as a
result of
being convicted of a felony or is subsequently convicted of a
felony
that involves the same conduct that was the basis for the
removal, the officer
or employee is barred from receiving any
compensation after the removal
notwithstanding any modification or
disaffirmance of the removal, unless the
conviction for the felony
is subsequently reversed or
annulled.
Any person removed for conviction of a felony is entitled to
a cash payment
for any accrued but unused sick, personal, and
vacation leave as authorized by
law. If subsequently reemployed
in
the public sector,
the person shall
qualify for and accrue
these
forms of leave in the manner specified by law for
a newly
appointed employee and shall not be credited with prior public
service
for the purpose of receiving these forms of leave.
As used in this division, "felony" means any of the
following:
(1) A felony that is an offense of violence as defined in
section 2901.01
of the Revised Code;
(2) A felony that is a felony drug abuse offense as defined
in section
2925.01 of the Revised Code;
(3) A felony under the laws of this or any other state or
the
United States that is a crime of moral turpitude;
(4) A felony involving dishonesty, fraud, or theft;
(5) A felony that is a violation of section 2921.05,
2921.32,
or 2921.42
of the Revised Code.
(B) In case of a reduction,
a suspension of forty or more
work hours in the case of an employee exempt from the payment of
overtime compensation, a suspension of
twenty-four or more work
hours in the case of an employee
required to
be paid overtime
compensation,
a fine of forty or more
hours'
pay in the case of an
employee exempt from the payment of
overtime
compensation, a fine
of
twenty-four
or more hours'
pay
in the case of an employee
required to be paid
overtime
compensation, or
removal, except for
the reduction or
removal of a
probationary
employee, the
appointing authority shall
serve the
employee with a copy of the
order of reduction, fine,
suspension,
or removal, which order
shall state the reasons for
the
action.
Within ten days following the date on which the order
is
served or, in the case of an employee in the career professional
service of the department of transportation, within ten days
following the
filing of a removal order, the employee, except as
otherwise
provided in this
section, may
file an
appeal of the
order in writing with the
state personnel
board of
review or the
commission. For purposes of
this section,
the date
on which an
order is served is the date of hand
delivery
of the
order or the
date of delivery of
the order by certified
United
States mail,
whichever occurs
first. If
an appeal is
filed,
the board or
commission shall forthwith notify the
appointing
authority
and
shall hear, or appoint a trial board to
hear, the
appeal within
thirty
days from and after its filing with
the board
or
commission. The board, commission, or trial board may
affirm,
disaffirm, or modify
the
judgment of the appointing
authority.
However, in an appeal of a removal order based upon a
violation of
a last chance agreement, the board, commission, or
trial board may
only determine if the employee violated the
agreement and thus
affirm or disaffirm the judgment of the
appointing authority.
In cases of removal or reduction in pay for disciplinary
reasons, either the appointing authority or the officer or
employee may appeal from the decision of the state personnel
board
of review or the commission, and any such appeal shall be to the
court of common pleas of
the
county in which the
appointing
authority is
located,
or to the court of common pleas of Franklin
county, as provided by
section
119.12 of the Revised Code.
(C) In the case of the suspension for any period of time, or
a fine,
demotion, or removal, of a chief of police, a chief of
a
fire
department, or any member of the police or fire department
of
a
city or civil service township, who is in the classified
civil
service, the appointing authority
shall
furnish
the
chief or
member
with a copy
of the
order of
suspension, fine, demotion, or
removal, which
order
shall
state
the reasons for the action.
The
order shall be
filed with the
municipal or civil service township
civil service
commission.
Within ten days following the filing of
the order,
the chief
or
member
may file an appeal, in
writing,
with the
commission. If
an
appeal is filed, the commission
shall
forthwith notify the
appointing authority and shall hear, or
appoint a
trial board to
hear, the appeal within thirty days from
and
after its filing with
the commission, and it may affirm,
disaffirm, or modify the
judgment of the appointing authority. An
appeal on
questions of
law and fact may be had from the
decision
of the
commission to the court of
common pleas in the county in
which
the city or civil service
township is situated.
The
appeal
shall be taken within thirty
days from the finding of the
commission.
(D) A violation of division (A)(7) of section 2907.03 of the
Revised
Code is grounds for termination of employment of a
nonteaching employee under
this section.
(E) As used in this section, "last chance agreement" means an
agreement signed by both an appointing authority and an officer or
employee of the appointing authority that describes the type of
behavior or circumstances that, if it occurs, will automatically
lead to removal of the officer or employee without the right of
appeal to the state personnel board of review or the appropriate
commission.
Sec. 124.381. Each employee of the department of
rehabilitation and correction, the department of mental health,
the department of mental retardation and developmental
disabilities, the Ohio veteran's home
agency, or who works at the
Ohio
schools
for
the deaf and blind, and each
employee of the
department of
youth services as established in
division (A) of
section 124.14 of
the Revised Code who suffers
bodily injury
inflicted by an inmate,
patient, client, youth, or
student in the
facilities of these
agencies during the time
the employee is
lawfully carrying out the
assigned duties of the
employee's
position shall be paid the
employee's total rate of pay during the
period
the employee is
disabled as a result of that injury, but in
no case to exceed one
hundred twenty work days, in lieu of
workers'
compensation. Pay
made according to this section shall
not be
charged to the
employee's accumulation of sick leave
credit.
The director of administrative services shall adopt rules for
the administration of the occupational injury leave program. The
rules shall include, but not be limited to, provisions for
determining a disability, for filing a claim for leave under this
section, and for allowing or denying claims for the leave.
During the time an employee is receiving injury
compensation
as provided in this section, the employee shall
be exempt from the
accumulation of vacation leave credit
under section 124.134 of the
Revised Code but shall continue to receive sick leave credit and
personal
leave credit under sections 124.382 and 124.386 of the
Revised Code.
In any case when an employee's disability, as covered by
this
section, extends beyond one hundred twenty work days, the
employee
shall immediately become subject to sections
124.382 and 124.385
of the Revised
Code regarding sick leave and disability leave
benefits.
An appointing authority may apply to the director of
administrative services to grant injury leave in accordance with
this section to law enforcement personnel employed by the agency.
Sec. 124.392. (A) As used in this section, "exempt employee"
has the same meaning as in section 124.152 of the Revised Code
"fiscal emergency" means a fiscal emergency declared by the
governor under section 126.05 of the Revised Code.
(B) The director of administrative services may shall, in
consultation with the director of budget and management, establish
a voluntary cost savings program or
mandatory furlough programs
for exempt employees any employee paid
by warrant of the director
of budget and management, regardless of
funding sources, as
necessary to reduce state personnel
expenditures in the event of
a fiscal emergency. The director
shall adopt rules in accordance
with under Chapter 119. of the
Revised Code to provide for the
administration of the program
programs.
Sec. 124.821. The health care spending account fund is hereby
created in the state treasury. The director of administrative
services shall use money in the fund to make payments with regard
to the participation of state employees in flexible spending
accounts for certain nonreimbursed medical and dental expenses
under section 125 of the Internal Revenue Code. All investment
earnings on money in the fund shall be credited to the fund.
Sec. 124.822. The dependent care spending account fund is
hereby created in the state treasury. The director of
administrative services shall use money in the fund to make
payments with regard to the participation of state employees in
flexible spending accounts for work-related dependent care
expenses under section 125 of the Internal Revenue Code. All
investment earnings on money in the fund shall be credited to the
fund.
Sec. 124.86. There is hereby created in the state treasury
the employee educational development fund, to be used to pay the
state administrative costs of any education program undertaken
pursuant to specific collective bargaining agreements identified
in uncodified law governing expenditure of the fund. The director
of administrative services shall establish, and shall obtain the
approval of the director of budget and management for, a charge
for each such program that is sufficient only to recover those
costs. All money collected from such a charge shall be deposited
to the credit of the fund, and all interest earned on the fund
shall accrue to the fund. The director of administrative services
shall administer the fund in accordance with the respective
collective bargaining agreements and may adopt rules for the
purpose of this administration.
Sec. 125.22. (A) The department of administrative
services
shall establish the central service agency to perform
routine
and
provide support for the following boards and commissions:
(3) State chiropractic board;
(4) State board of cosmetology;
(7) State board of optometry;
(8) Ohio occupational therapy, physical therapy, and
athletic
trainers board;
(9) State board of registration for professional
engineers
and surveyors;
(10) State board of sanitarian registration;
(11) Board of embalmers and funeral directors;
(12) State board of psychology;
(13) Ohio optical dispensers board;
(14) Board of speech-language pathology and audiology;
(15) Counselor, social worker, and marriage and family
therapist board;
(16) State veterinary medical licensing board;
(17) Ohio board of dietetics;
(18) Commission on Hispanic-Latino affairs;
(19) Ohio respiratory care board;
(20) Ohio commission on African-American males;
(21) Chemical dependency professionals board;
(21) State medical board;
(23) State board of pharmacy;
(24) Ohio medical transportation board;
(25) Ohio athletic commission;
(26) Board of motor vehicle collision repair;
(27) Manufactured homes commission;
(28) Board of orthotics, prosthetics, and pedorthics;
(29) State board of career colleges and schools.
(B)(1) Notwithstanding any other section of the Revised
Code,
the agency shall perform and provide the following routine support
services
for the boards and commissions named in division (A) of
this
section unless the controlling board exempts a board or
commission
from this requirement on the recommendation of the
director of
administrative services:
(a) Preparing Make recommendations regarding and preparing
and processing payroll and other personnel
documents;
(b) Preparing and processing vouchers, purchase orders,
encumbrances, and other accounting documents;
(c) Maintaining ledgers of accounts and balances;
(d) Preparing and monitoring budgets and allotment plans
in
consultation with the boards and commissions;
(e) Other routine support services that the director of
administrative services considers appropriate to achieve
efficiency.
(2) The agency may perform and provide other services which a
board or
commission named in division (A) of this section
delegates to the
agency and the agency accepts.
(3) The agency may perform and provide any service for any
professional
or occupational licensing board not named in
division
(A) of this
section or any commission if the board or
commission
requests such
service and the agency accepts.
(C) The director of administrative services shall be the
appointing authority for the agency.
(D) The agency shall determine the fees to be charged to
the
boards and commissions, which shall be in proportion to the
services performed or provided for each board or commission.
(E) Each board or commission named in division (A) of this
section and any other board or commission requesting services
from
the agency shall pay these fees to the agency from the
general
revenue fund maintenance account of the board or
commission or
from such other fund as the operating expenses of
the board or
commission are paid. Any amounts set aside for a
fiscal year by a
board or commission to allow for the payment of
fees shall be used
only for the services performed or provided by the agency
in that
fiscal year.
All receipts collected by the agency shall
be
deposited in the
state treasury to the credit of the central
service agency fund,
which is hereby created. All expenses
incurred by the agency in
performing or providing services for the
boards or
commissions shall be paid
from the fund.
(F) Nothing in this section shall be construed as a grant
of
authority for the central service agency to initiate or deny
personnel or fiscal actions for the boards and commissions.
Sec. 126.05. On or before the tenth day of each month, the
director of budget and management shall furnish to the governor
statements in such form as the governor requires showing the
condition of the general revenue fund. The statements shall
provide a summary of the status of appropriations to enable the
governor to exercise and maintain effective supervision and
control over the expenditures of the state. The director shall
also furnish statements the governor requests showing the
condition of any other fund.
If the governor ascertains that the available revenue
receipts and balances for the general revenue fund for the
current
fiscal year will in all probability be less than the
appropriations for the year, he the governor shall issue such
orders to the
state agencies as will prevent their expenditures
and incurred
obligations from exceeding such revenue receipts and
balances.
If the governor ascertains that the available revenue
receipts and balances for any fund other than the general revenue
fund for the current fiscal year will in all probability be less
than the appropriations for the year, he the governor may issue
such orders to
the state agencies as will prevent their
expenditures and
incurred obligations from exceeding such revenue
receipts and
balances.
If the governor ascertains that the available revenue
receipts and balances in any fund or across funds will in all
probability be less than the appropriations for the year, the
governor may declare a fiscal emergency and may issue such orders
as necessary to the director of budget and management to reduce
expenditures, or to the director of administrative services to
implement personnel actions consistent therewith, including, but
not limited to, furlough programs under section 124.392 of the
Revised Code.
As used in this section, "expenditures and incurred
obligations" includes all moneys expended or obligated pursuant
to
appropriations by the general assembly that are calculated and
distributed pursuant to a distribution formula in law.
Sec. 126.21. (A) The director of budget and management
shall
do all
of the following:
(1) Keep all necessary accounting records;
(2) Prescribe and maintain the accounting system of the
state
and establish appropriate accounting procedures and charts
of
accounts;
(3) Establish procedures for the use of written,
electronic,
optical, or
other communications media for approving and reviewing
payment
vouchers;
(4) Reconcile, in the case of any variation between the
amount of any appropriation and the aggregate amount of items
of
the appropriation, with the advice and assistance of
the state
agency
affected by it and the
legislative service commission,
totals so as to correspond in the
aggregate with the total
appropriation. In the case of a
conflict
between the item and the
total of which it is a part,
the item
shall be considered the
intended appropriation.
(5) Evaluate on an ongoing basis and, if necessary,
recommend
improvements to the internal controls used in state
agencies;
(6) Authorize the establishment of petty cash
accounts. The
director may withdraw approval for
any
petty cash account and
require the officer in charge to
return to
the state treasury any
unexpended balance shown by
the officer's
accounts to be on hand.
Any officer who is issued a
warrant for
petty cash shall render a
detailed account of the expenditures of
the petty cash and shall
report when requested the balance
of
petty cash on hand at any
time.
(7) Process orders, invoices, vouchers, claims, and
payrolls
and prepare financial reports and statements;
(8) Perform extensions, reviews, and
compliance
checks prior
to or after approving a payment as the director considers
necessary;
(9) Issue the official comprehensive annual financial
report
of the state. The report shall cover all funds
of the state
reporting entity and shall include
basic financial statements
and
required supplementary information
prepared in accordance with
generally accepted accounting
principles and other
information as
the director provides. All
state agencies,
authorities,
institutions, offices, retirement
systems, and other
component
units of the state reporting entity
as determined by
the director
shall furnish the director whatever
financial
statements and other
information the director requests
for
the report, in the form, at
the times,
covering the periods,
and with the
attestation the
director prescribes. The information
for state
institutions of
higher education, as defined in
section
3345.011 of the Revised
Code, shall be submitted to the
chancellor
by the Ohio
board of
regents. The board shall establish
a due
date by which
each such
institution shall submit the
information
to the board,
but no
such
date shall be later than
one hundred
twenty days after
the
end of
the state fiscal year
unless a later
date is approved
by
the
director.
(B) In addition to the director's duties under division
(A)
of this section, the director may
establish and administer one or
more state payment card programs
that permit or
require state
agencies to use a payment card to
purchase equipment, materials,
supplies, or services in accordance
with guidelines issued by the
director. The chief administrative
officer of a state agency that
uses a payment card for such
purposes shall ensure that purchases
made with the card are made
in accordance with the guidelines
issued by the director and do
not exceed the unexpended,
unencumbered, unobligated balance in
the appropriation to be
charged for the purchase.
State agencies
may participate in only
those state
payment card programs
that the director establishes
pursuant to
this section.
(C) In addition to the director's duties under divisions (A)
and (B) of this section, the director may enter into any contract
or agreement necessary for and incidental to the performance of
the director's duties or the duties of the office of budget and
management, including, but not limited to, contracts relating to
the
consolidation of statewide financing functions and common
transactional processes.
(D) In addition to the director's duties under divisions
(A), (B), and (C) of this section, the director may appoint and
fix the compensation of employees of the office of budget and
management whose primary duties include the consolidation of
statewide financing functions and common transactional processes.
Sec. 126.24. The OAKS support organization fund is hereby
created in the state treasury for the purpose of paying the
operating expenses incurred by providing information technology
services in
support of the state's enterprise resource planning
system. The
fund shall consist of cash transfers from the
accounting and
budgeting fund and the human resources services
fund, and other
revenues designated to support the operating
costs
of the Ohio
administrative knowledge system. All
investment
earnings of the
fund shall be credited to the fund.
Sec. 127.16. (A) Upon the request of either a state
agency
or the director of budget and management and after the
controlling
board determines that an emergency or a sufficient
economic reason
exists, the controlling board may approve
the making of a purchase
without competitive selection as provided in
division (B) of this
section.
(B) Except as otherwise provided in this section, no state
agency, using money that has been appropriated to it directly,
shall:
(1) Make any purchase from a particular supplier, that
would
amount to fifty thousand dollars or more when combined with
both
the amount of all disbursements to the supplier during the
fiscal
year for purchases made by the agency and the amount of
all
outstanding encumbrances for purchases made by the agency
from the
supplier, unless the purchase is made by competitive
selection or
with the approval of the controlling board;
(2) Lease real estate from a particular supplier, if the
lease would amount to seventy-five thousand dollars or more when
combined with both the amount of all disbursements to the
supplier
during the fiscal year for real estate leases made by
the agency
and the amount of all outstanding encumbrances for
real estate
leases made by the agency from the supplier, unless
the lease is
made by competitive selection or with the approval
of the
controlling board.
(C) Any person who authorizes a purchase in violation of
division (B) of this section shall be liable to the state for any
state funds spent on the purchase, and the attorney general shall
collect the amount from the person.
(D) Nothing in division (B) of this section shall be
construed as:
(1) A limitation upon the authority of the director of
transportation as granted in sections 5501.17, 5517.02, and
5525.14 of the Revised Code;
(2) Applying to medicaid provider agreements under Chapter
5111. of the Revised Code
or payments or provider agreements under
the disability medical assistance program established under
Chapter 5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole
supplier by a state licensing board under Title XLVII of the
Revised Code;
(4) Applying to entertainment contracts for the Ohio state
fair entered into by the Ohio expositions commission, provided
that the controlling board has given its approval to the
commission to enter into such contracts and has approved a total
budget amount for such contracts as agreed upon by commission
action, and that the commission causes to be kept itemized
records
of the amounts of money spent under each contract and
annually
files those records with the clerk of the
house of representatives
and the clerk of the senate following
the close of the fair;
(5) Limiting the authority of the chief of the division of
mineral resources management to contract
for reclamation work with
an operator
mining adjacent land as provided in section 1513.27 of
the
Revised Code;
(6) Applying to investment transactions and procedures of
any
state agency, except that the agency shall file with the
board
the
name of any person with whom the agency contracts to
make,
broker,
service, or otherwise manage its investments, as
well as
the
commission, rate, or schedule of charges of such
person with
respect to any investment transactions to be
undertaken on behalf
of the agency. The filing shall be in a
form and at such times as
the board considers appropriate.
(7) Applying to purchases made with money for the per cent
for arts program established by section 3379.10 of the Revised
Code;
(8) Applying to purchases made by the rehabilitation
services
commission of services, or supplies, that are provided
to
persons
with disabilities, or to purchases made by the
commission
in
connection with the eligibility determinations it
makes for
applicants of programs administered by the social
security
administration;
(9) Applying to payments by the department of job and
family
services under section 5111.13 of the Revised Code for group
health plan premiums, deductibles, coinsurance, and other
cost-sharing expenses;
(10) Applying to any agency of the legislative branch of
the
state government;
(11) Applying to agreements or contracts entered into under
section
5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the
Revised Code;
(12) Applying to purchases of services by the adult parole
authority under section 2967.14 of the Revised Code or by the
department of youth services under section 5139.08 of the Revised
Code;
(13) Applying to dues or fees paid for membership in an
organization or association;
(14) Applying to purchases of utility services pursuant to
section 9.30 of the Revised Code;
(15) Applying to purchases made in accordance with rules
adopted by the department of administrative services of motor
vehicle, aviation, or watercraft fuel, or emergency repairs of
such vehicles;
(16) Applying to purchases of tickets for passenger air
transportation;
(17) Applying to purchases necessary to provide public
notifications required by law or to provide notifications of job
openings;
(18) Applying to the judicial branch of state government;
(19) Applying to purchases of liquor for resale by the
division of liquor
control;
(20) Applying to purchases of motor courier and freight
services made in accordance with department of administrative
services rules;
(21) Applying to purchases from the United States postal
service and purchases of stamps and postal meter replenishment
from vendors at rates established by the United States postal
service;
(22) Applying to purchases of books, periodicals,
pamphlets,
newspapers, maintenance subscriptions, and other
published
materials;
(23) Applying to purchases from other state agencies,
including state-assisted institutions of higher education;
(24) Limiting the authority of the director of
environmental
protection to enter into contracts under division
(D) of section
3745.14 of the Revised Code to conduct compliance
reviews, as
defined in division (A) of that section;
(25) Applying to purchases from a qualified nonprofit
agency
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of
the Revised
Code;
(26) Applying to payments by the department of job and
family
services to the United States department of health and
human
services for printing and mailing notices pertaining to the
tax
refund offset program of the internal revenue service of the
United States department of the treasury;
(27) Applying to contracts entered into by the department
of
mental retardation and developmental disabilities under
section
5123.18 of the Revised Code;
(28) Applying to payments made by the department of mental
health under a
physician recruitment program authorized by section
5119.101 of the Revised
Code;
(29) Applying to contracts entered into with persons by
the
director of commerce for unclaimed funds collection and
remittance
efforts as provided in division
(F) of section 169.03 of the
Revised
Code. The director shall keep
an itemized accounting of
unclaimed funds collected by those
persons and amounts paid to
them for their services.
(30) Applying to purchases made by a state institution of
higher
education
in accordance with the terms of a contract
between the vendor and an
inter-university purchasing group
comprised of purchasing officers of state
institutions of higher
education;
(31) Applying to the department of job and family
services'
purchases of health
assistance services under the children's
health insurance program part
I provided for under section 5101.50
of the Revised Code, the children's
health
insurance program
part
II provided for under section 5101.51
of the Revised Code, or
the
children's health insurance program part III provided for
under
section 5101.52 of the Revised Code, or the children's buy-in
program provided for under sections 5101.5211 to 5101.5216 of the
Revised Code;
(32) Applying to payments by the attorney general from the
reparations fund to hospitals and other emergency medical
facilities for performing medical examinations to collect physical
evidence pursuant to section 2907.28 of the Revised Code;
(33) Applying to contracts with a contracting authority or
administrative receiver under division (B) of section 5126.056
of
the Revised Code;
(34) Applying to reimbursements paid to the United States
department of veterans affairs for pharmaceutical and patient
supply purchases made on behalf of the Ohio veterans' home agency
purchases of goods and services by the department of veterans
services in accordance with the terms of contracts entered into by
the United States department of veterans affairs;
(35) Applying to agreements entered into with terminal
distributors of dangerous drugs under section 173.79 of the
Revised Code;
(36) Applying to payments by the superintendent of the bureau
of criminal identification and investigation to the federal bureau
of investigation for criminal records checks pursuant to section
109.572 of the Revised Code.
(E) When determining whether a state agency has reached
the
cumulative purchase thresholds established in divisions
(B)(1) and
(2) of this section, all of the following
purchases by
such agency
shall not be considered:
(1) Purchases made through competitive selection or with
controlling board approval;
(2) Purchases listed in division (D) of this section;
(3) For the purposes of the threshold of
division (B)(1)
of
this section only, leases of real
estate.
(F) As used in this section,
"competitive selection,"
"purchase,"
"supplies," and
"services" have the same meanings as
in section 125.01 of the Revised Code.
Sec. 131.33. (A) No state agency shall incur an obligation
which
exceeds the agency's current appropriation authority.
Unexpended Except as provided in division (D) of this section,
unexpended
balances of appropriations shall, at the close of the
period for
which the appropriations are made, revert to the funds
from which
the appropriations were made, except that the director
of budget
and management shall transfer such unexpended balances
from the
first fiscal year to the second fiscal year of an
agency's
appropriations to the extent necessary for voided
warrants to be
reissued pursuant to division (C) of section
126.37 of the Revised
Code.
Except as provided in this section, appropriations made to
a
specific fiscal year shall be expended only to pay liabilities
incurred within that fiscal year.
(B) All payrolls shall be charged to the allotments of the
fiscal
quarters in which the applicable payroll vouchers are
certified by
the director of budget and management in accordance
with section
126.07 of the Revised Code. As used in this
section
division, "payrolls"
means any payment made in accordance with
section 125.21 of the
Revised Code.
(C) Legal liabilities from prior fiscal years for which there
is
no reappropriation authority shall be discharged from the
unencumbered balances of current appropriations.
(D)(1) Federal grant funds obligated by the department of job
and family services for financial allocations to county family
services agencies and local workforce investment boards may, at
the discretion of the director of job and family services, be
available for expenditure for the duration of the federal grant
period of obligation and liquidation, as follows:
(a) At the end of the state fiscal year, all unexpended
county family services agency and local workforce investment board
financial allocations obligated from federal grant funds may
continue to be valid for expenditure during subsequent state
fiscal years.
(b) The financial allocations described in division (D)(1)(a)
of this section shall be reconciled at the end of the federal
grant period of availability or as required by federal law,
regardless of the state fiscal year of the appropriation.
(2) The director of job and family services may adopt rules
in accordance with section 111.15 of the Revised Code, as if they
were internal management rules, as necessary to implement division
(D) of this section.
(3) As used in division (D) of this section:
(a) "County family services agency" has the same meaning as
in section 307.981 of the Revised Code.
(b) "Local workforce investment board" means a local
workforce investment board established under section 117 of the
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2832,
as amended.
Sec. 141.04. (A) The annual salaries of the chief justice
of
the supreme court and of the justices and judges named in this
section payable from the state treasury are as follows, rounded to
the nearest fifty dollars:
(1) For the chief justice of the supreme court, the
following
amounts effective in the following years:
(a) Beginning January 1, 2000, one hundred twenty-four
thousand nine hundred dollars;
(b) Beginning January 1, 2001, one hundred twenty-eight
thousand six hundred fifty dollars;
(c) After 2001, the amount determined
under division (E)(1)
of this section.
(2) For the justices of the supreme court, the following
amounts effective in the following years:
(a) Beginning January 1, 2000, one hundred seventeen
thousand
two hundred fifty dollars;
(b) Beginning January 1, 2001, one hundred twenty
thousand
seven hundred fifty dollars;
(c) After 2001, the amount
determined
under division (E)(1)
of this section.
(3) For the judges of the courts of appeals, the
following
amounts effective in the following years:
(a) Beginning January 1, 2000, one hundred nine
thousand two
hundred fifty dollars;
(b) Beginning January 1, 2001, one hundred twelve
thousand
five hundred fifty dollars;
(c) After 2001, the amount determined
under division (E)(1)
of this section.
(4) For the judges of the courts of common pleas, the
following amounts
effective in the following years:
(a) Beginning January 1, 2000, one hundred thousand five
hundred dollars, reduced by an amount equal to the annual
compensation paid to
that judge from the county treasury pursuant
to section 141.05 of the
Revised Code;
(b) Beginning January 1, 2001, one hundred
three thousand
five hundred dollars, reduced by an amount equal to the annual
compensation paid to that judge from the county treasury
pursuant
to section 141.05 of the Revised Code;
(c) After 2001, the aggregate annual salary amount
determined
under division (E)(2) of this section reduced by an amount equal
to the annual compensation paid to that judge from the county
treasury
pursuant to section 141.05
of the Revised Code.
(5) For the full-time judges of a municipal court or the
part-time judges of a municipal court of a territory having a
population of more than fifty thousand, the following amounts
effective in the following years, which amounts shall be in
addition to all amounts received pursuant to divisions (B)(1)(a)
and (2) of section 1901.11 of the Revised Code from
municipal
corporations and counties:
(a) Beginning January 1, 2000, thirty-two thousand six
hundred
fifty dollars;
(b) Beginning January 1, 2001, thirty-five thousand five
hundred dollars;
(c) After 2001, the amount determined
under division (E)(3)
of this section.
(6) For judges of a municipal court designated as part-time
judges by
section 1901.08 of the Revised Code, other than
part-time judges to whom
division
(A)(5) of this section applies,
and for judges of a county court, the
following amounts effective
in the following years, which amounts shall be in
addition to any
amounts received pursuant to division
(A) of section 1901.11 of
the Revised Code from municipal corporations and
counties
or
pursuant to division (A) of section 1907.16 of the Revised Code
from counties:
(a) Beginning January 1, 2000, eighteen thousand eight
hundred dollars;
(b) Beginning January 1, 2001, twenty thousand four
hundred
fifty dollars;
(c) After 2001, the amount determined
under division (E)(4)
of this section.
(B) Except as provided in section 1901.121 of the Revised
Code, except as otherwise provided in this division, and
except
for the compensation to which the judges
described in division
(A)(5) of this section are entitled
pursuant to divisions
(B)(1)(a) and (2) of
section 1901.11
of the Revised Code, the
annual salary of the chief justice of the supreme
court and of
each justice or judge listed in
division (A) of this section shall
be paid in equal monthly
installments from the state treasury. If
the chief justice of the
supreme court
or any justice or judge
listed in division (A)(2),
(3), or (4) of this
section delivers a
written request to be paid biweekly to the administrative
director
of the supreme court prior to the first day of January
of any
year, the annual salary of the chief justice or the
justice or
judge that is listed in
division (A)(2), (3), or (4) of this
section shall
be paid, during the year
immediately following the
year in which the request is delivered
to the administrative
director of the supreme court, biweekly from the
state treasury.
(C) Upon the death of the chief justice or a justice of
the
supreme court during that person's term of office, an amount shall
be paid
in accordance with section 2113.04 of the Revised Code, or
to that person's
estate. The amount shall equal the amount of the
salary that the chief
justice or justice would have received
during the
remainder of the unexpired term or an amount equal to
the salary of
office for two years, whichever is less.
(D) Neither the chief justice of the supreme court nor any
justice or
judge of the supreme court, the court of appeals, the
court of
common pleas, or the probate court shall hold any other
office of
trust or profit under the authority of this state or the
United
States.
(E)(1) Each calendar year from 2002
through
2008, the annual
salaries of the chief justice of the supreme court and of the
justices and judges named in divisions (A)(2) and (3) of this
section
shall be increased by an amount equal to the adjustment
percentage for that
year multiplied by the compensation paid the
preceding year pursuant to
division (A)(1), (2), or (3) of this
section.
(2) Each calendar year from 2002 through 2008, the aggregate
annual salary payable under division (A)(4) of this section to the
judges named in that division shall be increased by an amount
equal to the adjustment percentage for that year multiplied by the
aggregate compensation paid the preceding year pursuant to
division (A)(4) of this section and section 141.05 of the
Revised
Code.
(3) Each calendar year from 2002 through 2008, the salary
payable
from the state treasury under division (A)(5) of this
section to
the judges named in that division shall be increased by
an amount equal to the
adjustment percentage for that year
multiplied by the aggregate compensation paid the preceding year
pursuant
to division (A)(5) of this section and division (B)(1)(a)
of section 1901.11 of the Revised Code.
(4) Each calendar year from 2002 through 2008, the salary
payable
from the state treasury under division (A)(6) of this
section to
the judges named in that division shall be increased by
an amount equal to the
adjustment percentage for that year
multiplied by the aggregate compensation paid the preceding year
pursuant
to division (A)(6) of this section and division (A) of
section 1901.11 of the Revised Code from municipal
corporations
and counties or division (A) of section 1907.16 of the
Revised
Code from counties.
(F) In addition to the salaries payable pursuant to this
section, the chief justice of the supreme court and the justices
of the supreme court shall be entitled to a vehicle allowance of
five hundred dollars per month, payable from the state treasury.
The allowance shall be increased on the first day of January of
each odd numbered year by an amount equal to the percentage
increase, if any, in the consumer price index for the immediately
preceding twenty-four month period for which information is
available.
(G) As used in this section:
(1) The "adjustment percentage" for a year is the lesser of
the
following:
(b) The percentage increase, if any, in the consumer price
index
over the twelve-month period that ends on the thirtieth day
of
September of the immediately preceding year, rounded to the
nearest one-tenth of one per cent.
(2) "Consumer price index" has the same meaning as in section
101.27 of the Revised Code.
(3) "Salary" does not include any
portion of the cost,
premium, or charge for health, medical,
hospital, dental, or
surgical benefits, or any combination of
those benefits, covering
the chief justice of the supreme court
or a justice or judge named
in this section and paid on the chief
justice's or the justice's
or judge's behalf by a governmental
entity.
Sec. 145.012. (A) "Public employee," as defined in
division
(A) of section 145.01 of the Revised Code, does not
include any
person:
(1) Who is employed by a private, temporary-help service
and
performs services under the direction of a public employer or
is
employed on a contractual basis as an independent contractor
under
a personal service contract with a public employer;
(2) Who is an emergency employee serving on a temporary
basis
in case of fire, snow, earthquake, flood, or other similar
emergency;
(3) Who is employed in a program established pursuant to
the
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29
U.S.C.A.
1501;
(4) Who is an appointed member of either the motor vehicle
salvage dealers board or the motor vehicle dealer's board whose
rate and method of payment are determined pursuant to division
(J)
of section 124.15 of the Revised Code;
(5) Who is employed as an election worker and paid less
than
five hundred dollars per calendar year for that
service;
(6) Who is employed as a firefighter in a position
requiring
satisfactory completion of a firefighter training
course
approved
under former section 3303.07 or section
4765.55 of the Revised
Code or conducted
under section 3737.33 of the Revised Code except
for the
following:
(a) Any firefighter who has elected under section
145.013 of
the Revised Code to remain a contributing member of the public
employees retirement system;
(b) Any firefighter who was eligible to transfer from
the
public employees retirement system to the Ohio police and
fire
pension fund under section 742.51 or 742.515 of
the Revised Code
and did not elect to transfer;
(c) Any firefighter who has elected under section
742.516 of
the Revised Code to
transfer from the Ohio police and fire pension
fund to
the
public employees retirement system.
(7) Who is a member of the board of health of a city or
general health
district, which pursuant to sections 3709.051 and
3709.07 of the Revised Code
includes a combined health district,
and whose compensation for attendance at
meetings of the board is
set forth in division (B) of section 3709.02 or
division (B) of
section 3709.05 of the Revised Code, as appropriate;
(8) Who participates in an alternative retirement plan
established under
Chapter 3305. of the Revised Code;
(9) Who is a member of the board of directors of a sanitary
district
established under Chapter 6115. of the Revised Code;
(10) Who is a member of the unemployment compensation
advisory council.
(B) No inmate of a correctional institution
operated by the
department of rehabilitation and correction, no
patient in a
hospital for the mentally ill or criminally insane
operated by the
department of mental health, no resident in an
institution for the
mentally retarded operated by the department
of mental retardation
and developmental disabilities, no resident
admitted as a patient
of
a veterans' home
operated under Chapter
5907. of the Revised
Code, and
no resident of a county home shall
be considered as a
public
employee for the purpose of establishing
membership or
calculating service credit or benefits under this
chapter.
Nothing in this division shall be construed to affect
any service
credit attained by any person who was a public
employee before
becoming an inmate, patient, or resident at any
institution
listed
in this division, or the payment of any benefit
for which
such a
person or such a person's beneficiaries
otherwise
would be
eligible.
Sec. 145.298. (A) As used in this section:
(1) "State employing unit" means an employing unit
described
in division (A)(2) of section 145.297 of the Revised
Code.
(2) "State institution" means a state correctional
facility,
a state institution for the mentally ill, or a state
institution
for the care, treatment, and training of the mentally
retarded.
(B) In (1) Prior to July 1, 2009, in the event of a proposal
to close a state
institution or lay off, within a six-month
period, a number of
persons employed at an institution that equals
or exceeds the
lesser of fifty or ten per cent of the persons
employed at the
institution, the employing unit responsible for
the institution's
operation shall establish a retirement incentive
plan for persons
employed at the institution.
(2) On and after July 1, 2009, in the event of a proposal to
close a state institution or lay off, within a six-month period, a
number of persons employed at an institution that equals or
exceeds the lesser of two hundred or thirty per cent of the
persons employed at the institution, the employing unit
responsible for the institution's operation shall establish a
retirement incentive plan for persons employed at the institution.
(C) In (1) Prior to July 1, 2009, in the event of a proposal,
other than a proposal the proposals
described in division (B) of
this section, to lay off, within a
six-month period, a number of
employees of a state employing unit
that equals or exceeds the
lesser of fifty or ten per cent of the
employing unit's employees,
the employing unit shall establish a
retirement incentive plan for
employees of the employing unit.
(2) On and after July 1, 2009, in the event of a proposal,
other than the proposals described in division (B) of this
section, to lay off, within a six-month period, a number of
employees of a state employing unit that equals or exceeds the
lesser of two hundred or thirty per cent of the employing unit's
employees, the employing unit shall establish a retirement
incentive plan for employees of the employing unit.
(D)(1) A retirement incentive plan established under this
section shall be consistent with the requirements of section
145.297 of the Revised Code, except as provided in division
(D)(2)
of this section and except that the plan shall go into
effect at
the time the layoffs or proposed closings are announced
and shall
remain in effect until the date of the layoffs or
closings.
(2) A retirement incentive plan established under this
section
due to the proposed closing of a state institution by the
department of mental
health prior to July 1, 1997, shall be
consistent with the
requirements of section 145.297 of the Revised
Code, except as follows:
(a) The employing unit shall purchase at least three years of
service credit for each participating employee, except that it
shall not
purchase more service credit than the amount allowed by
division (D)
of section 145.297 of the Revised Code;
(b) The plan shall go into effect at the time the proposed
closing is announced and shall remain in effect at least until the
date of the
closing.
(3) If the employing unit already has a retirement
incentive
plan in effect, the plan shall remain in effect at
least until the
date of the layoffs or closings. The employing
unit may revise the
existing plan to provide greater benefits,
but if it revises the
plan, it shall give written notice of the
changes to all employees
who have elected to participate in the
original plan, and it shall
provide the greater benefits to all
employees who participate in
the plan, whether their elections to
participate were made before
or after the date of the revision.
Sec. 149.43. (A) As used in this section:
(1) "Public record" means
records kept by
any
public
office,
including, but not limited to, state, county,
city,
village,
township, and school district units,
and records
pertaining to the
delivery of educational
services by an
alternative
school in this
state kept by the nonprofit or
for-profit
entity operating the
alternative school pursuant to
section
3313.533 of the Revised
Code. "Public record" does not
mean any of
the following:
(b) Records pertaining to probation and parole proceedings or
to proceedings related to the imposition of community control
sanctions and post-release control sanctions;
(c) Records pertaining to actions under section 2151.85 and
division
(C) of section 2919.121 of
the Revised Code and to
appeals of actions arising under
those sections;
(d) Records pertaining to adoption proceedings, including
the
contents of an adoption file maintained by the department of
health under
section 3705.12 of the Revised Code;
(e) Information in a record contained in the putative father
registry
established by section 3107.062 of the Revised Code,
regardless of whether the
information is held by the department of
job and family
services or, pursuant to
section 3111.69 of the
Revised Code, the
office of child support in the
department or a
child support enforcement agency;
(f) Records listed in division (A) of section 3107.42 of the
Revised Code or
specified in division (A) of section 3107.52 of
the Revised Code;
(g) Trial preparation records;
(h) Confidential law enforcement investigatory records;
(i) Records containing information that is confidential
under
section 2710.03 or 4112.05 of the Revised Code;
(j) DNA records stored in the DNA database
pursuant to
section 109.573 of the Revised Code;
(k) Inmate records released by the department of
rehabilitation and
correction to
the department of youth services
or a court of record pursuant to division (E)
of section 5120.21
of the Revised Code;
(l) Records maintained by the department of youth services
pertaining to
children in its custody released by the department
of youth services to the
department of rehabilitation and
correction pursuant to section 5139.05 of the
Revised Code;
(m) Intellectual property records;
(n) Donor profile records;
(o) Records maintained by the department of job and
family
services pursuant to
section 3121.894 of the Revised Code;
(p) Peace officer, parole officer, prosecuting attorney,
assistant prosecuting attorney, correctional employee, youth
services employee, firefighter, or EMT residential and
familial
information;
(q) In the case of a county hospital operated
pursuant to
Chapter
339. of the Revised Code or a municipal hospital operated
pursuant to Chapter 749. of the Revised Code, information that
constitutes a
trade secret,
as defined in section 1333.61 of the
Revised Code;
(r) Information pertaining to the recreational activities of
a person under
the age of eighteen;
(s) Records provided to, statements made by review board
members
during meetings of, and all work products of a child
fatality review
board acting under sections 307.621 to 307.629 of
the Revised Code, and child fatality review data submitted by the
child fatality review board to the department of health or a
national child death review database, other than
the report
prepared pursuant to division (A) of
section 307.626
of the
Revised Code;
(t) Records provided to and statements made by the
executive
director of a public children services agency or a prosecuting
attorney acting
pursuant to section
5153.171 of the Revised Code
other than the information
released
under that section;
(u) Test materials, examinations, or evaluation tools used
in
an
examination for licensure as a nursing home administrator
that
the board of
examiners of nursing home administrators
administers
under section 4751.04 of
the Revised Code or contracts
under that
section with a
private or government entity to
administer;
(v) Records the release of which is prohibited by state or
federal law;
(w) Proprietary information of or relating to any person
that
is submitted to or compiled by the Ohio venture capital
authority
created under section 150.01 of the Revised Code;
(x) Information reported and evaluations conducted pursuant
to section 3701.072 of the Revised Code;
(y) Financial statements and data any person submits for any
purpose to the Ohio housing finance agency or the controlling
board in connection with applying for, receiving, or accounting
for financial assistance from the agency, and information that
identifies any individual who benefits directly or indirectly from
financial assistance from the agency;
(z) Records listed in section 5101.29 of the Revised Code.
(aa) Discharges recorded with a county recorder under section
317.24 of the Revised Code, as specified in division (B)(2) of
that section.
(2) "Confidential law enforcement investigatory record"
means
any record that pertains to a law enforcement matter of a
criminal, quasi-criminal, civil, or administrative nature, but
only to the extent that the release of the record would create a
high probability of disclosure of any of the following:
(a) The identity of a suspect who has not been charged
with
the offense to which the record pertains, or of an
information
source or witness to whom confidentiality has been
reasonably
promised;
(b) Information provided by an information source or
witness
to whom confidentiality has been reasonably promised,
which
information would reasonably tend to disclose the source's or
witness's
identity;
(c) Specific confidential investigatory techniques or
procedures or specific investigatory work product;
(d) Information that would endanger the life or physical
safety of law enforcement personnel, a crime victim, a witness,
or
a confidential information source.
(3) "Medical record" means any document or combination of
documents, except births, deaths, and the fact of admission to or
discharge from a hospital, that pertains to the medical history,
diagnosis, prognosis, or medical condition of a patient and that
is generated and maintained in the process of medical treatment.
(4) "Trial preparation record" means any record that
contains
information that is specifically compiled in reasonable
anticipation of, or in defense of, a civil or criminal action or
proceeding, including the independent thought processes and
personal trial preparation of an attorney.
(5) "Intellectual property record" means a record,
other
than
a financial or administrative record, that is produced or
collected
by or for faculty or staff of a state institution of
higher learning in the
conduct of or as a result of study or
research on an educational, commercial,
scientific, artistic,
technical, or scholarly issue, regardless of whether the
study or
research was sponsored by the institution alone or in conjunction
with
a governmental body or private concern, and that has not been
publicly
released, published, or patented.
(6) "Donor profile record" means all records about donors or
potential
donors to a public institution of higher education
except the names and
reported addresses of the actual donors and
the date, amount, and conditions
of the actual donation.
(7) "Peace officer, parole officer, prosecuting attorney,
assistant prosecuting attorney, correctional employee, youth
services employee, firefighter, or EMT residential and
familial
information"
means any information that discloses any of the
following about a
peace officer, parole officer, prosecuting
attorney, assistant prosecuting attorney, correctional employee,
youth services employee, firefighter, or EMT:
(a) The address of the actual personal residence of a peace
officer, parole officer, assistant prosecuting attorney,
correctional employee, youth services employee, firefighter, or
EMT, except for the state or political
subdivision in which
the
peace
officer, parole officer, assistant prosecuting attorney,
correctional employee, youth services employee, firefighter, or
EMT
resides;
(b) Information compiled from referral to or participation
in
an
employee assistance program;
(c) The social security number, the residential telephone
number,
any bank account, debit card, charge card, or credit card
number, or the
emergency telephone number of, or any medical
information pertaining to, a peace officer, parole officer,
prosecuting attorney, assistant prosecuting attorney, correctional
employee, youth services employee, firefighter, or EMT;
(d) The name of any beneficiary of employment benefits,
including,
but not limited to, life insurance benefits, provided
to a peace officer, parole officer, prosecuting attorney,
assistant prosecuting attorney, correctional employee, youth
services employee, firefighter, or EMT by
the peace officer's,
parole officer's, prosecuting attorney's, assistant prosecuting
attorney's, correctional employee's, youth services employee's,
firefighter's, or EMT's employer;
(e) The identity and amount of any charitable or employment
benefit deduction made by the peace officer's, parole officer's,
prosecuting attorney's, assistant prosecuting attorney's,
correctional employee's, youth services employee's, firefighter's,
or
EMT's
employer from the
peace
officer's, parole officer's,
prosecuting attorney's, assistant prosecuting attorney's,
correctional employee's, youth services employee's, firefighter's,
or EMT's
compensation
unless the amount of the deduction is
required by
state
or federal
law;
(f) The name, the residential address, the name of the
employer,
the address of the employer, the social security number,
the residential
telephone number, any bank account, debit card,
charge card, or credit card
number, or the emergency telephone
number
of the spouse, a former spouse, or any child of a peace
officer, parole officer, prosecuting attorney, assistant
prosecuting attorney, correctional employee, youth services
employee, firefighter, or EMT;
(g) A photograph of a peace officer who holds a position or
has an assignment that may include undercover or plain clothes
positions or assignments as determined by the peace officer's
appointing authority.
As used in divisions (A)(7) and (B)(9) of this section,
"peace officer"
has the same meaning as in section 109.71 of the
Revised Code
and also includes the superintendent and troopers of
the state highway patrol;
it does not include the
sheriff of a
county or a supervisory employee who, in the absence of the
sheriff, is authorized to stand in for, exercise the authority of,
and perform
the duties of the sheriff.
As used in divisions (A)(7) and (B)(5) of this section,
"correctional employee" means any employee of the department of
rehabilitation and correction who in the course of performing the
employee's job duties has or has had contact with inmates and
persons under supervision.
As used in divisions (A)(7) and (B)(5) of this section,
"youth services employee" means any employee of the department of
youth services who in the course of performing the employee's job
duties has or has had contact with children committed to the
custody of the department of youth services.
As used in divisions (A)(7) and (B)(9) of this section,
"firefighter" means any regular, paid or volunteer, member of a
lawfully constituted fire department of a municipal corporation,
township, fire district, or village.
As used in divisions (A)(7) and (B)(9) of this section, "EMT"
means EMTs-basic, EMTs-I, and paramedics that provide emergency
medical services for a public emergency medical service
organization. "Emergency medical service organization,"
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in
section 4765.01 of the Revised Code.
(8) "Information pertaining to the recreational activities
of
a
person under the age of eighteen"
means information that is
kept
in the ordinary course of business by a public
office, that
pertains to the recreational activities of a person under the age
of eighteen years, and that
discloses any of the following:
(a) The address or telephone number of a person under the
age
of
eighteen or the address or telephone number of that
person's
parent, guardian,
custodian, or emergency contact person;
(b) The social security number, birth date, or photographic
image
of a person under the age of eighteen;
(c) Any medical record, history, or information pertaining
to
a
person under the age of eighteen;
(d) Any additional information sought or required about a
person
under the age of eighteen for the purpose of allowing that
person to
participate in any recreational activity conducted or
sponsored by a public
office or to use or
obtain admission
privileges to any recreational facility owned or operated by
a
public office.
(9) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(10) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code.
(11) "Redaction" means obscuring or deleting any information
that is exempt from the duty to permit public inspection or
copying from an item that otherwise meets the definition of a
"record" in section 149.011 of the Revised Code.
(12) "Designee" and "elected official" have the same meanings
as in section 109.43 of the Revised Code.
(B)(1) Upon request and subject to division (B)(8) of this
section, all
public records responsive to the request shall
be
promptly prepared and made
available for
inspection to any person
at all reasonable times
during regular
business hours. Subject to
division (B)(8) of this section,
upon
request, a public office or
person
responsible for public records
shall make copies of the
requested public record available at
cost and within a reasonable
period of
time. If a public record contains information that is
exempt from the duty to permit public inspection or to copy the
public record, the public office or the person responsible for the
public record shall make available all of the information within
the public record that is not exempt. When making that public
record available for public inspection or copying that public
record, the public office or the person responsible for the public
record shall notify the requester of any redaction or make the
redaction plainly visible. A redaction shall be deemed a denial of
a request to inspect or copy the redacted information, except if
federal or state law authorizes or requires a public office to
make the redaction.
(2) To facilitate broader access to public records, a public
office or the person responsible for public records shall organize
and maintain public records in a manner that they can be made
available for inspection or copying in accordance with division
(B) of this section. A public office also shall have available a
copy of its current records retention schedule at a location
readily available to the public. If a requester makes an ambiguous
or overly broad request or has difficulty in making a request for
copies or inspection of public records under this section such
that the public office or the person responsible for the requested
public record cannot reasonably identify what public records are
being requested, the public office or the person responsible for
the requested public record may deny the request but shall provide
the requester with an opportunity to revise the request by
informing the requester of the manner in which records are
maintained by the public office and accessed in the ordinary
course of the public office's or person's duties.
(3) If a request is ultimately denied, in part or in whole,
the public office or the person responsible for the requested
public record shall provide the requester with an explanation,
including legal authority, setting forth why the request was
denied. If the initial request was provided in writing, the
explanation also shall be provided to the requester in writing.
The explanation shall not preclude the public office or the person
responsible for the requested public record from relying upon
additional reasons or legal authority in defending an action
commenced under division (C) of this section.
(4) Unless specifically required or authorized by state or
federal law or in accordance with division (B) of this section, no
public office or person responsible for public records may limit
or condition the availability of public records by requiring
disclosure of the requester's identity or the intended use of the
requested public record. Any requirement that the requester
disclose the requestor's identity or the intended use of the
requested public record constitutes a denial of the request.
(5) A public office or person responsible for public records
may ask a requester to make the request in writing, may ask for
the requester's identity, and may inquire about the intended use
of the information requested, but may do so only after disclosing
to the requester that a written request is not mandatory and that
the requester may decline to reveal the requester's identity or
the intended use and when a written request or disclosure of the
identity or intended use would benefit the requester by enhancing
the ability of the public office or person responsible for public
records to identify, locate, or deliver the public records sought
by the requester.
(6) If any person chooses to obtain a copy of a public
record
in
accordance with division (B) of this section,
the
public office
or person responsible for the public record may require that
person to pay in advance the cost involved in providing the copy
of the public record in accordance with the choice made by the
person seeking the copy under this division. The public office or
the person responsible for the public record shall
permit
that
person to
choose to have the public record duplicated
upon paper,
upon the same medium
upon which the public office or
person
responsible for the public record keeps
it, or upon
any
other
medium upon which the public office or person responsible
for the
public record determines
that it reasonably can be
duplicated
as
an integral part of the normal operations of the
public office or
person
responsible for the public record. When
the person
seeking
the copy makes a choice under this division,
the public office or
person responsible for the public record
shall provide a copy of
it in
accordance
with the choice made by
the person seeking the
copy. Nothing in this section requires a public office or person
responsible for the public record to allow the person seeking a
copy of the public record to make the copies of the public record.
(7) Upon a request made in accordance with division (B)
of
this section and subject to division (B)(6) of this section, a
public office or person responsible for public
records
shall
transmit a copy of a public record to any person by
United
States
mail or by any other means of delivery or transmission within a
reasonable period of time after
receiving the
request for the
copy. The public office or person
responsible for the public
record may
require the person making
the request to pay in advance
the cost of postage if the copy is transmitted by United States
mail or the cost of delivery if the copy is transmitted other than
by United States mail, and to pay in advance the costs incurred
for other
supplies used in
the mailing, delivery, or transmission.
Any public office
may adopt a policy and procedures that it
will follow in
transmitting, within a reasonable period of time
after receiving
a request, copies of public records by
United
States mail or by any other means of delivery or transmission
pursuant to this
division. A public office that
adopts a policy
and procedures
under this division shall comply
with them in
performing its
duties under this division.
In any policy and procedures adopted under this division, a
public office may limit the number of records requested by a
person that
the office will transmit by United States mail to ten
per
month, unless the person certifies to the office in writing
that the person
does not intend to use or forward the requested
records, or the information
contained
in them, for commercial
purposes. For purposes of this division, "commercial"
shall be
narrowly construed and does not include reporting or gathering
news,
reporting or gathering information to assist citizen
oversight or
understanding of the operation or activities of
government, or nonprofit
educational research.
(8) A public office or person responsible for public records
is
not required to permit a person who is incarcerated pursuant to
a
criminal conviction or a juvenile adjudication to inspect or to
obtain a copy of any public record concerning a criminal
investigation or prosecution or concerning what would be a
criminal investigation or prosecution if the subject of the
investigation or prosecution were an adult, unless the request to
inspect or to obtain a copy of the record is for the purpose of
acquiring information that is subject to release as a public
record under this section and the judge who imposed the sentence
or made the adjudication with respect to the person, or the
judge's successor in office, finds that the information sought in
the public record is necessary to support what appears to be a
justiciable claim of the person.
(9) Upon written request made and signed by a journalist on
or after
December 16,
1999, a
public office, or person responsible
for public records, having custody of
the records of the agency
employing a specified peace officer, parole officer, prosecuting
attorney, assistant prosecuting attorney, correctional employee,
youth services employee, firefighter, or EMT shall
disclose
to the
journalist the address of the actual personal
residence of
the
peace
officer, parole officer, prosecuting attorney, assistant
prosecuting attorney, correctional employee, youth services
employee, firefighter, or EMT and, if the
peace officer's, parole
officer's, prosecuting attorney's, assistant prosecuting
attorney's, correctional employee's, youth services employee's,
firefighter's, or EMT's spouse, former spouse,
or
child is
employed by a
public office, the name and address of
the
employer
of the peace
officer's, parole officer's, prosecuting attorney's,
assistant prosecuting attorney's, correctional employee's, youth
services employee's, firefighter's, or EMT's spouse,
former
spouse, or
child.
The
request shall include the
journalist's name
and title
and the
name
and address of the
journalist's employer
and shall
state
that
disclosure of the
information sought would be
in the
public
interest.
As used in this division, "journalist"
means a
person engaged
in, connected with, or employed by any news
medium, including a
newspaper, magazine, press association, news
agency, or wire
service, a radio or television station, or a
similar medium, for
the purpose of gathering, processing,
transmitting, compiling,
editing, or disseminating information for
the
general public.
(C)(1) If a person allegedly is aggrieved by the failure of a
public office or the person responsible for public records to
promptly prepare a public record and to make
it
available to the
person for inspection in accordance with
division
(B) of this
section or by any other failure of a public
office or the person
responsible for public records to comply with an obligation in
accordance
with division (B) of this section, the person allegedly
aggrieved
may commence a mandamus action to obtain a judgment that
orders
the public office or the person responsible for the public
record
to comply with division (B) of this section, that
awards
court costs and
reasonable attorney's fees to the person that
instituted
the
mandamus action, and, if applicable, that includes
an order fixing statutory damages under division (C)(1) of this
section. The mandamus action may be commenced in the
court of
common pleas of the county in which division (B) of this
section
allegedly was not complied with, in the supreme court
pursuant to
its original jurisdiction under Section 2 of Article
IV, Ohio
Constitution, or in the court of appeals for the
appellate
district in which division (B) of this section
allegedly
was not
complied with pursuant to its original
jurisdiction under
Section
3 of Article IV, Ohio Constitution.
If a requestor transmits a written request by hand delivery
or certified mail to inspect or receive copies of any public
record in a manner that fairly describes the public record or
class of public records to the public office or person responsible
for the requested public records, except as otherwise provided in
this section, the requestor shall be entitled to recover the
amount of statutory damages set forth in this division if a court
determines that the public office or the person responsible for
public records failed to comply with an obligation in accordance
with division (B) of this section.
The amount of statutory damages shall be fixed at one hundred
dollars for each business day during which the public office or
person responsible for the requested public records failed to
comply with an obligation in accordance with division (B) of this
section, beginning with the day on which the requester files a
mandamus action to recover statutory damages, up to a maximum of
one thousand dollars. The award of statutory damages shall not be
construed as a penalty, but as compensation for injury arising
from lost use of the requested information. The existence of this
injury shall be conclusively presumed. The award of statutory
damages shall be in addition to all other remedies authorized by
this section.
The court may reduce an award of statutory damages or not
award statutory damages if the court determines both of the
following:
(a) That, based on the ordinary application of statutory law
and case law as it existed at the time of the conduct or
threatened conduct of the public office or person responsible for
the requested public records that allegedly constitutes a failure
to comply with an obligation in accordance with division (B) of
this section and that was the basis of the mandamus action, a
well-informed public office or person responsible for the
requested public records reasonably would believe that the conduct
or threatened conduct of the public office or person responsible
for the requested public records did not constitute a failure to
comply with an obligation in accordance with division (B) of this
section;
(b) That a well-informed public office or person responsible
for the requested public records reasonably would believe that the
conduct or threatened conduct of the public office or person
responsible for the requested public records would serve the
public policy that underlies the authority that is asserted as
permitting that conduct or threatened conduct.
(2)(a) If the court issues a writ of mandamus that orders the
public office or the person responsible for the public record to
comply with division (B) of this section and determines that the
circumstances described in division (C)(1) of this section exist,
the court shall determine and award to the relator all court
costs.
(b) If the court renders a judgment that orders the public
office or the person responsible for the public record to comply
with division (B) of this section, the court may award reasonable
attorney's fees subject to reduction as described in division
(C)(2)(c) of this section. The court shall award reasonable
attorney's fees, subject to reduction as described in division
(C)(2)(c) of this section when either of the following applies:
(i) The public office or the person responsible for the
public records failed to respond affirmatively or negatively to
the public records request in accordance with the time allowed
under division (B) of this section.
(ii) The public office or the person responsible for the
public records promised to permit the relator to inspect or
receive copies of the public records requested within a specified
period of time but failed to fulfill that promise within that
specified period of time.
(c) Court costs and reasonable attorney's fees awarded under
this section shall be construed as remedial and not punitive.
Reasonable attorney's fees shall include reasonable fees incurred
to produce proof of the reasonableness and amount of the fees and
to otherwise litigate entitlement to the fees. The court may
reduce an award of attorney's fees to the relator or not award
attorney's fees to the relator if the court determines both of the
following:
(i) That, based on the ordinary application of statutory law
and case law as it existed at the time of the conduct or
threatened conduct of the public office or person responsible for
the requested public records that allegedly constitutes a failure
to comply with an obligation in accordance with division (B) of
this section and that was the basis of the mandamus action, a
well-informed public office or person responsible for the
requested public records reasonably would believe that the conduct
or threatened conduct of the public office or person responsible
for the requested public records did not constitute a failure to
comply with an obligation in accordance with division (B) of this
section;
(ii) That a well-informed public office or person responsible
for the requested public records reasonably would believe that the
conduct or threatened conduct of the public office or person
responsible for the requested public records as described in
division (C)(2)(c)(i) of this section would serve the public
policy that underlies the authority that is asserted as permitting
that conduct or threatened conduct.
(D) Chapter 1347. of the Revised Code does not limit the
provisions of this section.
(E)(1) To ensure that all employees of public offices are
appropriately educated about a public office's obligations under
division (B) of this section, all elected officials or their
appropriate designees shall attend training approved by the
attorney general as provided in section 109.43 of the Revised
Code. In addition, all public offices shall adopt a public records
policy in compliance with this section for responding to public
records requests. In adopting a public records policy under this
division, a public office may obtain guidance from the model
public records policy developed and provided to the public office
by the attorney general under section 109.43 of the Revised Code.
Except as otherwise provided in this section, the policy may not
limit the number of public records that the public office will
make available to a single person, may not limit the number of
public records that it will make available during a fixed period
of time, and may not establish a fixed period of time before it
will respond to a request for inspection or copying of public
records, unless that period is less than eight hours.
(2) The public office shall distribute the public records
policy adopted by the public office under division (E)(1) of this
section to the employee of the public office who is the records
custodian or records manager or otherwise has custody of the
records of that office. The public office shall require that
employee to acknowledge receipt of the copy of the public records
policy. The public office shall create a poster that describes its
public records policy and shall post the poster in a conspicuous
place in the public office and in all locations where the public
office has branch offices. The public office may post its public
records policy on the internet web site of the public office if
the public office maintains an internet web site. A public office
that has established a manual or handbook of its general policies
and procedures for all employees of the public office shall
include the public records policy of the public office in the
manual or handbook.
(F)(1) The bureau of motor vehicles may adopt rules pursuant
to
Chapter 119. of the Revised Code to reasonably
limit the number
of bulk commercial special extraction requests made by a
person
for the same records or for updated records during a calendar
year.
The rules may include provisions for charges to be made for
bulk commercial
special
extraction requests for the actual cost of
the bureau, plus special extraction
costs, plus ten per cent. The
bureau may charge for
expenses for redacting information, the
release of which is prohibited by
law.
(2) As used in division (F)(1) of this section:
(a) "Actual cost" means the cost of depleted supplies,
records
storage media costs, actual mailing and alternative
delivery costs, or other
transmitting costs, and any direct
equipment operating and maintenance costs,
including actual costs
paid to private contractors for
copying services.
(b) "Bulk commercial special extraction request" means a
request
for copies of a record for information in a format other
than the format
already available, or information that cannot be
extracted without examination
of all items in a records series,
class of records, or data base by a person
who intends to use or
forward the copies for surveys, marketing, solicitation, or resale
for
commercial purposes. "Bulk commercial special extraction
request" does not
include a request by a person who gives
assurance to the bureau that the
person making the request does
not intend to use or forward the requested
copies for surveys,
marketing,
solicitation, or resale for commercial purposes.
(c) "Commercial" means profit-seeking production, buying, or
selling of any good, service, or other product.
(d) "Special extraction costs" means the cost of the time
spent
by the lowest paid employee competent to perform the task,
the actual amount
paid to outside private contractors employed by
the bureau, or the actual cost
incurred to create computer
programs to make the special extraction. "Special
extraction
costs" include any charges paid to a public agency for computer or
records services.
(3) For purposes of divisions (F)(1)
and (2) of this
section,
"surveys, marketing, solicitation, or
resale for commercial
purposes"
shall be narrowly construed and does not include
reporting or
gathering
news, reporting or gathering information to
assist
citizen oversight or
understanding of the operation or
activities
of government, or nonprofit
educational research.
Sec. 152.09. (A) As used in sections 152.06 and 152.09 to
152.33 of the Revised Code:
(1) "Obligations" means bonds, notes, or other evidences
of
obligation, including interest coupons pertaining thereto,
issued
pursuant to sections 152.09 to 152.33 of the Revised Code.
(2) "State agencies" means the state of Ohio and branches,
officers, boards, commissions, authorities, departments,
divisions, courts, general assembly, or other units or agencies
of
the state. "State agency" also includes counties, municipal
corporations, and governmental entities
of this state that enter
into leases with the Ohio building authority pursuant to section
152.31 of the Revised Code or that are designated by law as state
agencies for the purpose of performing a state function that is
to
be housed by a capital facility for which the Ohio building
authority is authorized to issue revenue obligations pursuant to
sections 152.09 to 152.33 of the Revised Code.
(3) "Bond service charges" means principal, including
mandatory sinking fund requirements for retirement of
obligations,
and interest, and redemption premium, if any,
required to be paid
by the Ohio building authority on
obligations.
(4) "Capital facilities" means buildings, structures, and
other improvements, and equipment, real estate, and interests in
real estate therefor, within the state, and any one, part of, or
combination of the foregoing, for housing of branches and
agencies
of state government, including capital facilities for
the purpose
of housing personnel, equipment, or functions, or any
combination
thereof that the state agencies are responsible for
housing, for
which the Ohio building authority is authorized to
issue
obligations pursuant to Chapter 152. of the Revised Code,
and
includes storage and parking facilities related to such
capital
facilities. For purposes of sections 152.10 to 152.15 of the
Revised Code, "capital facilities" includes community or technical
college capital facilities.
(5) "Cost of capital facilities" means the costs of
assessing, planning,
acquiring, constructing, reconstructing,
rehabilitating,
remodeling, renovating, enlarging, improving,
altering,
maintaining, equipping,
furnishing, repairing, painting,
decorating, managing, or
operating capital facilities, and the
financing thereof,
including the cost of clearance and preparation
of the site and
of any land to be used in connection with capital
facilities, the cost of
participating in capital facilities
pursuant to section 152.33
of the Revised Code, the
cost of any
indemnity and surety bonds and premiums on insurance,
all related
direct administrative expenses and allocable portions
of direct
costs of the authority and lessee state agencies, cost
of
engineering and architectural services, designs, plans,
specifications, surveys, and estimates of cost, legal fees, fees
and expenses of trustees, depositories, and paying agents for the
obligations, cost of issuance of the obligations and financing
charges and fees and expenses of financial advisers and
consultants in connection therewith, interest on obligations from
the date thereof to the time when interest is to be covered from
sources other than proceeds of obligations, amounts that represent
the portion of investment earnings to be rebated or to be paid to
the federal government in order to maintain the exclusion from
gross income for federal income tax purposes of interest on those
obligations pursuant to section 148(f) of the Internal Revenue
Code, amounts necessary to
establish reserves as required by the
resolutions or the
obligations, trust agreements, or indentures,
costs of audits,
the
reimbursement of all moneys advanced or
applied by or
borrowed
from any governmental entity, whether to or
by the
authority or
others, from whatever source provided, for the
payment of any item
or items of cost of the capital facilities,
any share of the cost
undertaken by the authority pursuant to
arrangements made with
governmental entities under division (J)
of
section 152.21 of the
Revised Code, and all other expenses
necessary or incident to assessing,
planning, or determining the
feasibility
or practicability with
respect to capital facilities,
and such
other expenses as may be
necessary or incident to the
assessment, planning,
acquisition, construction,
reconstruction,
rehabilitation,
remodeling, renovation,
enlargement, improvement,
alteration,
maintenance, equipment,
furnishing, repair, painting,
decoration, management, or
operation
of capital facilities, the
financing thereof and the
placing of
the same in use and
operation, including any one, part
of, or
combination of such
classes of costs and expenses.
(6) "Governmental entity" means any state agency,
municipal
corporation, county, township, school district, and any
other
political subdivision or special district in this state
established pursuant to law, and, except where otherwise
indicated, also means the United States or any of the states or
any department, division, or agency thereof, and any agency,
commission, or authority established pursuant to an interstate
compact or agreement.
(7) "Governing body" means:
(a) In the case of a county, the board of county
commissioners or other legislative authority; in the case of a
municipal corporation, the legislative authority; in the case of
a
township, the board of township trustees; in the case of a
school
district, the board of education;
(b) In the case of any other governmental entity, the
officer, board, commission, authority, or other body having the
general management of the entity or having jurisdiction or
authority in the particular circumstances.
(8) "Available receipts" means fees, charges, revenues,
grants, subsidies, income from the investment of moneys, proceeds
from the sale of goods or services, and all other revenues or
receipts received by or on behalf of any state agency for which
capital facilities are financed with obligations issued under
Chapter 152. of the Revised Code, any state agency participating
in
capital facilities pursuant to section 152.33 of the Revised
Code, or any state
agency by which the
capital facilities are
constructed or financed; revenues or
receipts derived by the
authority from the operation, leasing, or
other disposition of
capital facilities, and the proceeds of
obligations issued under
Chapter 152. of the Revised Code; and
also any moneys appropriated
by a governmental entity, gifts,
grants, donations, and pledges,
and receipts therefrom, available
for the payment of bond service
charges on such obligations.
(9) "Available community or technical college receipts" means
all money received by a community or technical college or
community or technical college district, including income,
revenues, and receipts from the operation, ownership, or control
of facilities, grants, gifts, donations, and pledges and receipts
there from, receipts from fees and charges, the allocated state
share of instruction as defined in section 3333.90 of the Revised
Code, and the proceeds of the sale of obligations, including
proceeds of obligations issued to refund obligations previously
issued, but excluding any special fee, and receipts there from,
charged pursuant to division (D) of section 154.21 of the Revised
Code.
(10) "Community or technical college," "college," "community
or technical college district," and "district" have the same
meanings as in section 3333.90 of the Revised Code.
(11) "Community or technical college capital facilities"
means auxiliary facilities, education facilities, and housing and
dining facilities, as those terms are defined in section 3345.12
of the Revised Code, to the extent permitted to be financed by the
issuance of obligations under division (A)(2) of section 3357.112
of the Revised Code, that are authorized by sections 3354.121,
3357.112, and 3358.10 of the Revised Code to be financed by
obligations issued by a community or technical college district,
and for which the Ohio building authority is authorized to issue
obligations pursuant to Chapter 152. of the Revised Code, and
includes any one, part of, or any combination of the foregoing,
and further includes site improvements, utilities, machinery,
furnishings, and any separate or connected buildings, structures,
improvements, sites, open space and green space areas, utilities,
or equipment to be used in, or in connection with the operation or
maintenance of, or supplementing or otherwise related to the
services or facilities to be provided by, such facilities.
(12) "Cost of community or technical college capital
facilities" means the costs of acquiring, constructing,
reconstructing, rehabilitating, remodeling, renovating, enlarging,
improving, equipping, or furnishing community or technical college
capital facilities, and the financing thereof, including the cost
of clearance and preparation of the site and of any land to be
used in connection with community or technical college capital
facilities, the cost of any indemnity and surety bonds and
premiums on insurance, all related direct administrative expenses
and allocable portions of direct costs of the authority, community
or technical college or community or technical college district,
cost of engineering, architectural services, design, plans,
specifications and surveys, estimates of cost, legal fees, fees
and expenses of trustees, depositories, bond registrars, and
paying agents for the obligations, cost of issuance of the
obligations and financing costs and fees and expenses of financial
advisers and consultants in connection therewith, interest on the
obligations from the date thereof to the time when interest is to
be covered by available receipts or other sources other than
proceeds of the obligations, amounts that represent the portion of
investment earnings to be rebated or to be paid to the federal
government in order to maintain the exclusion from gross income
for federal income tax purposes of interest on those obligations
pursuant to section 148(f) of the Internal Revenue Code, amounts
necessary to establish reserves as required by the bond
proceedings, costs of audits, the reimbursements of all moneys
advanced or applied by or borrowed from the community or technical
college, community or technical college district, or others, from
whatever source provided, including any temporary advances from
state appropriations, for the payment of any item or items of cost
of community or technical college facilities, and all other
expenses necessary or incident to planning or determining
feasibility or practicability with respect to such facilities, and
such other expenses as may be necessary or incident to the
acquisition, construction, reconstruction, rehabilitation,
remodeling, renovation, enlargement, improvement, equipment, and
furnishing of community or technical college capital facilities,
the financing thereof and the placing of them in use and
operation, including any one, part of, or combination of such
classes of costs and expenses.
(B) Pursuant to the powers granted to the general assembly
under Section 2i of Article VIII, Ohio Constitution, to authorize
the issuance of revenue obligations and other obligations, the
owners or holders of which are not given the right to have
excises
or taxes levied by the general assembly for the payment
of
principal thereof or interest thereon, the Ohio building
authority
may issue obligations, in accordance with Chapter 152.
of the
Revised Code, and shall cause the
net proceeds thereof, after any
deposits of accrued interest for the payment of bond service
charges and after any deposit of all or such lesser portion as the
authority may direct of the premium received upon the sale of
those obligations for the payment of the bond service charges, to
be
applied to the costs of capital facilities designated by or
pursuant to act of the general assembly for housing state
agencies
as authorized by Chapter 152. of the Revised Code. The
authority
shall provide by resolution for the issuance of such
obligations.
The bond service charges and all other payments
required to be
made by the trust agreement or indenture securing
such obligations
shall be payable solely from available receipts
of the authority
pledged thereto as provided in such resolution.
The available
receipts pledged and thereafter received by the
authority are
immediately subject to the lien of such pledge
without any
physical delivery thereof or further act, and the
lien of any such
pledge is valid and binding against all parties
having claims of
any kind against the authority, irrespective of
whether those
parties have notice thereof, and creates a
perfected security
interest for all purposes of Chapter 1309. of
the Revised Code and
a perfected lien for purposes of any real
property interest, all
without the necessity for separation or
delivery of funds or for
the filing or recording of the
resolution, trust agreement,
indenture, or other agreement by
which such pledge is created or
any certificate, statement, or
other document with respect
thereto; and the pledge of such
available receipts is effective
and the money therefrom and
thereof may be applied to the purposes
for which pledged. Every
pledge, and every covenant and agreement
made with respect to the
pledge, made in the resolution may
therein be extended to the
benefit of the owners and holders of
obligations authorized by
Chapter 152. of the Revised Code, the
net proceeds of which are to be applied to the costs of capital
facilities, and to
any trustee therefor,
for the further securing
of the payment of
the bond service
charges, and all or any rights
under any
agreement or lease made
under this section may be
assigned for
such purpose. Obligations
may be issued at one time
or from time
to time, and each issue
shall be dated, shall mature
at such time
or times as determined
by the authority not exceeding
forty years
from the date of
issue, and may be redeemable before
maturity at
the option of the
authority at such price or prices
and under such
terms and
conditions as are fixed by the authority
prior to the
issuance of
the obligations. The authority shall
determine the
form of the
obligations, fix their denominations,
establish their
interest
rate or rates, which may be a variable
rate or rates, or
the
maximum interest rate, and establish within
or without this
state
a place or places of payment of bond service
charges.
(C) The obligations shall be signed by the authority
chairperson,
vice-chairperson, and secretary-treasurer, and the
authority seal shall be affixed. The signatures may be facsimile
signatures and the seal affixed may be a facsimile seal, as
provided by resolution of the authority. Any coupons attached
may
bear the facsimile signature of the chairperson. In case any
officer who has signed any obligations, or caused the officer's
facsimile
signature to be affixed thereto, ceases to be such
officer before
such obligations have been delivered, such
obligations may,
nevertheless, be issued and delivered as though
the person who
had signed the obligations or caused the person's
facsimile
signature to be affixed thereto had not ceased to be
such officer.
Any obligations may be executed on behalf of the authority
by
an officer who, on the date of execution, is the proper
officer
although on the date of such obligations such person was
not the
proper officer.
(D) All obligations issued by the authority shall have all
the qualities and incidents of negotiable instruments and may be
issued in coupon or in registered form, or both, as the authority
determines. Provision may be made for the registration of any
obligations with coupons attached thereto as to principal alone
or
as to both principal and interest, their exchange for
obligations
so registered, and for the conversion or reconversion
into
obligations with coupons attached thereto of any obligations
registered as to both principal and interest, and for reasonable
charges for such registration, exchange, conversion, and
reconversion. The authority may sell its obligations in any
manner
and for such prices as it determines, except that the
authority
shall sell obligations sold at public or private sale
in
accordance with section 152.091 of the Revised Code.
(E) The obligations of the authority, principal, interest,
and any proceeds from their sale or transfer, are exempt from all
taxation within this state.
(F) The authority is authorized to issue revenue
obligations
and other obligations under Section 2i of Article
VIII, Ohio
Constitution, for the purpose of paying the cost of
capital
facilities for housing of branches and agencies of state
government, including capital facilities for the purpose of
housing personnel, equipment, or functions, or any combination
thereof that the state agencies are responsible for housing, as
are authorized by Chapter 152. of the Revised Code, and that are
authorized by the general assembly by the appropriation of lease
payments or other moneys for such capital facilities or by any
other act of the general assembly, but not including the
appropriation of moneys for feasibility studies for such capital
facilities. This division does not authorize the authority to
issue obligations pursuant to Section 2i of Article VIII, Ohio
Constitution, to pay the cost of capital facilities for mental
hygiene and retardation, parks and recreation, or state-supported
or state-assisted institutions of higher education.
(G) The authority is authorized to issue revenue obligations
under Section 2i of Article VIII, Ohio Constitution, on behalf of
a community or technical college district and shall cause the net
proceeds thereof, after any deposits of accrued interest for the
payment of bond service charges and after any deposit of all or
such lesser portion as the authority may direct of the premium
received upon the sale of those obligations for the payment of the
bond service charges, to be applied to the cost of community or
technical college capital facilities, provided that the issuance
of such obligations is subject to the execution of a written
agreement in accordance with division (C) of section 3333.90 of
the Revised Code for the withholding and depositing of funds
otherwise due the district, or the college it operates, in respect
of its allocated state share of instruction.
The authority shall provide by resolution for the issuance of
such obligations. The bond service charges and all other payments
required to be made by the trust agreement or indenture securing
the obligations shall be payable solely from available community
or technical college receipts pledged thereto as provided in the
resolution. The available community or technical college receipts
pledged and thereafter received by the authority are immediately
subject to the lien of such pledge without any physical delivery
thereof or further act, and the lien of any such pledge is valid
and binding against all parties having claims of any kind against
the authority, irrespective of whether those parties have notice
thereof, and creates a perfected security interest for all
purposes of Chapter 1309. of the Revised Code and a perfected lien
for purposes of any real property interest, all without the
necessity for separation or delivery of funds or for the filing or
recording of the resolution, trust agreement, indenture, or other
agreement by which such pledge is created or any certificate,
statement, or other document with respect thereto; and the pledge
of such available community or technical college receipts is
effective and the money there from and thereof may be applied to
the purposes for which pledged. Every pledge, and every covenant
and agreement made with respect to the pledge, made in the
resolution may therein be extended to the benefit of the owners
and holders of obligations authorized by this division, and to any
trustee therefor, for the further securing of the payment of the
bond service charges, and all or any rights under any agreement or
lease made under this section may be assigned for such purpose.
Obligations may be issued at one time or from time to time, and
each issue shall be dated, shall mature at such time or times as
determined by the authority not exceeding forty years from the
date of issue, and may be redeemable before maturity at the option
of the authority at such price or prices and under such terms and
conditions as are fixed by the authority prior to the issuance of
the obligations. The authority shall determine the form of the
obligations, fix their denominations, establish their interest
rate or rates, which may be a variable rate or rates, or the
maximum interest rate, and establish within or without this state
a place or places of payment of bond service charges.
Sec. 152.10. The resolution of the Ohio building authority
authorizing the issuance of authority obligations may contain
provisions which shall be part of the contract with the holders
of
the obligations as to:
(A) Pledging all or such portion as it determines of the
available receipts of the authority for the payment of bond
service charges and all other payments required to be made by the
trust agreement or indenture securing such obligations, or
restricting the security for a particular issue of obligations to
specific revenues or receipts of the authority;
(B) The acquisition, construction, reconstruction,
equipment,
furnishing, improvement, operation, alteration,
enlargement,
maintenance, insurance, and repair of capital
facilities and sites
therefor, and the duties of the authority
with reference thereto;
(C) Other terms of the obligations;
(D) Limitations on the purposes to which the proceeds of
the
obligations may be applied;
(E) The rate of rentals or other charges for the use of
capital facilities, the revenues from which are pledged to the
obligations authorized by such resolution, including limitations
upon the power of the authority to modify such rentals or other
charges;
(F) The use of and the expenditures of the revenues of the
authority in such manner and to such extent as shall be
determined, which may include provision for the payment of the
expenses of the operation, maintenance, and repair of capital
facilities, and the operation and administration of the authority
so that such expenses shall be paid or provided as a charge prior
to the payment of bond service charges and all other payments
required to be made by the trust agreement or indenture securing
such obligations;
(G) Limitations on the issuance of additional obligations;
(H) The terms of any trust agreement or indenture securing
the obligations or under which the same may be issued;
(I) Any other or additional agreements with the holders of
the obligations, or the trustee therefor with respect to the
operation of the authority and with respect to its property,
funds, and revenues, and insurance thereof, and of the authority,
its members, officers, and employees;
(J) The deposit and application of funds and the
safeguarding
of funds on hand or on deposit without regard to
Chapter 131. of
the Revised Code, including any deposits of
accrued interest for
the payment of bond service charges and any
deposits of premium
for the payment of bond service charges or for
the application to
the payment of costs of capital facilities;
(K) Municipal bond insurance, letters of credit, and other
related agreements, the cost of which may be included in the
costs
of issuance of the obligations, and the pledge, holding,
and
disposition of the proceeds thereof;
(L) A covenant that the state and any using state agency or
any using community or technical college or community or technical
college district
shall, so long as such obligations are
outstanding, cause to be
charged and collected such revenues and
receipts of, or from, any
such using state agency or any such
using community or technical college or community or technical
college district constituting available receipts under the
resolution sufficient in amount to provide for the payment of
bond
service charges on such obligations and for the
establishment and
maintenance of any reserves, as provided in the
resolution for
such obligations, which covenant shall be
controlling
notwithstanding any other provision of law
pertaining to
such
revenues and receipts; provided that no
covenant shall
require the
general assembly to appropriate money
derived from the
levying of
excises or taxes for the payment of
rent or bond
service charges.
Sec. 152.12. (A) As used in this section, "prior community or
technical college obligations" means bonds or notes previously
issued by a community or technical college district under section
3354.121, 3357.112, or 3358.10 of the Revised Code to pay costs of
community or technical college capital facilities.
(B) The Ohio building authority may authorize and
issue
obligations for the refunding of prior obligations or prior
community or technical college obligations for any
of the
following purposes:
(A)(1) Refunding any obligations previously issued by the
authority or any prior community or technical college obligations,
when the revenues pledged for the payment of such
obligations are
insufficient to pay obligations or prior community or technical
college obligations which have
matured or are about to mature or
to maintain reserve or other
funds required by the resolution or
trust agreement or indenture;
(B)(2) Refunding any obligations previously issued by the
authority or any prior community or technical college obligations
as an incident to providing funds for reconstructing,
equipping,
furnishing, improving, extending, or enlarging any
capital
facilities of the authority or any community or technical college
district or community or technical college;
(C)(3) Refunding all of the outstanding obligations or prior
community or technical college obligations of any
issue, both
matured and unmatured, when the revenues pledged for
the payment
of such obligations or prior community or technical college
obligations are insufficient to pay
obligations which have matured
or are about to mature or to
maintain reserve or other funds
required by the resolution or
trust agreement or indenture, if
such outstanding obligations or prior community or technical
college obligations can
be retired by call or at maturity or with
the consent of the
holders, whether from the proceeds of the sale
of the refunding
obligations or by exchange for the refunding
obligations,
provided the principal amount of the refunding
obligations shall
not exceed in amount the aggregate of the par
value of the
obligations or prior community or technical college
obligations to be retired, any redemption premium, past due and
future interest to the date of maturity or call that cannot
otherwise be paid, and funds to reconstruct, equip, furnish,
improve, enlarge, or extend any capital facilities of the
authority or any community or technical college district or
community or technical college;
(D)(4) Refunding any obligations previously issued by the
authority or any prior community or technical college obligations
when the refunding obligations will bear interest at a
lower rate
than the obligations or prior community or technical college
obligations to be refunded, or when the
interest cost of the
refunding obligations computed to the
absolute maturity will be
less than the interest cost of the
obligations or prior community
or technical college obligations to be refunded;
(E)(5) Refunding any obligations issued pursuant to section
152.23 of the Revised Code.
(C) Obligations issued pursuant to division (A)(B)(1) of this
section
shall mature not later than twenty years after their
issuance and
obligations issued pursuant to division (B)(2),
(C)(3), (D)(4), or (E)(5) of
this section shall mature not later
than forty years after their
issuance. Except as provided in this
section, the terms of
issuance and sale of obligations issued
under this section shall
be as provided in Chapter 152. of the
Revised Code this chapter for any other
obligations for the
benefit of state agencies, community or technical colleges, or
community or technical college districts, as the context requires.
Obligations authorized under this section shall be
deemed to be
issued for those purposes for which such prior
obligations or
prior community or technical college obligations were issued, and
may be issued in amounts sufficient
for funding and retirement of
prior obligations or prior community or technical college
obligations, for
establishment of reserves as required by the
refunding
obligations or the resolution authorizing such refunding
obligations or the trust agreement or indenture securing the
refunding obligations, and for payment of any fees and expenses
incurred or to be incurred in connection with such issuance and
such refunding.
Sec. 152.15. Obligations issued by the Ohio building
authority do not, and they shall state that they do not,
represent
or constitute a debt of the state or any political
subdivision,
nor a pledge of the faith and credit of the state or
any political
subdivision. Pursuant to Section 2i of Article
VIII, Ohio
Constitution, such obligations shall not be deemed to
be debts or
bonded indebtedness of the state under other
provisions of the
Ohio Constitution.
The holders or owners of obligations issued by the
authority
shall have no right to have excises or taxes levied by
the general
assembly for the payment of the bond service charges
thereon. The
right of such holders and owners to payment of such
bond service
charges shall be limited to the available receipts or available
community or technical college receipts
pledged thereto in
accordance with Chapter 152. of the Revised
Code this chapter, and
each such obligation shall bear on its face a statement
to that
effect. Any available receipts or available community or technical
college receipts may be so pledged only to
obligations issued for
capital facilities which are in whole or
in part useful to,
constructed by, or financed by the department,
board, commission,
authority, community or technical college, community or technical
college district, or other agency or instrumentality
that receives
the available receipts or available community or technical college
receipts so pledged.
Sec. 152.33. (A) The Ohio building authority is
authorized
under Chapter 152. of the Revised Code to issue
revenue
obligations and other obligations to pay the cost of
capital
facilities described in section sections 111.26 and 307.021 of the
Revised
Code and the cost of capital facilities in which one or
more
state agencies are participating with the federal government,
municipal corporations, counties, or other governmental entities
or any one or more of them, and in which that portion of the
facility allocated to the participating state agencies is to be
used for the purpose stated in division (F) of section 152.09 of
the Revised Code, when authorized by the general assembly in
accordance with that division. Such participation may be by
grants, loans, or contributions to other participating
governmental entities for any of such capital facilities. Such
obligations shall be deemed to be issued under sections 152.09
and
152.23 of the Revised Code and shall conform to all
requirements
of sections 152.09 to 152.17 and 152.23 of the
Revised Code. The
right of holders and owners of obligations
issued under this
section to payment of bond service charges
shall be limited to the
revenues and receipts of the authority
derived from rentals or
other charges for use of the capital
facilities constructed with
the proceeds of the obligations to
which such revenues and
receipts are pledged, including revenues
and receipts from or on
behalf of any participating governmental
entity.
(B) Any lease of space by a state agency in a capital
facility described in division (A) of this section shall conform
to the requirements of division (D) of section 152.24 of the
Revised Code.
Sec. 173.08. (A) The resident services coordinator program is
established in the department of aging to fund resident services
coordinators. The coordinators shall provide information to
low-income and special-needs tenants, including the elderly, who
live in financially assisted rental housing complexes, and assist
those tenants in identifying and obtaining community and program
services and other benefits for which they are eligible.
(B) The resident services coordinator program fund is hereby
created in the state treasury to support the resident services
coordinator program established pursuant to this section. The fund
consists of all moneys the department of development sets aside
pursuant to division (A)(4)(3) of section 174.02 of the Revised
Code and moneys the general assembly appropriates to the fund.
Sec. 173.28. (A)(1) As used in this division, "incident"
means the occurrence of a violation with respect to a resident or
recipient, as those terms are defined in section 173.14 of the
Revised Code. A violation is a separate incident for each day it
occurs and for each resident who is subject to it.
In lieu of the fine that may be imposed under division (A) of
section 173.99 of the Revised Code, the director of aging may,
under Chapter 119. of the Revised Code, fine a long-term care
provider or other entity, or a person employed by a long-term care
provider or other entity, for a violation of division (C) of
section 173.24 of the Revised Code. The fine shall not exceed one
thousand dollars per incident.
(2) In lieu of the fine that may be imposed under division
(C) of section 173.99 of the Revised Code, the director may, under
Chapter 119. of the Revised Code, fine a long-term care provider
or other entity, or a person employed by a long-term care provider
or other entity, for violating division (E) of section 173.19 of
the Revised Code by denying a representative of the office of the
state long-term care ombudsperson program the access required by
that division. The fine shall not exceed five hundred dollars for
each day the violation continued.
(B) On request of the director, the attorney general shall
bring and prosecute to judgment a civil action to collect any fine
imposed under division (A)(1) or (2) of this section that remains
unpaid thirty days after the violator's final appeal is exhausted.
(C) All fines collected under this section shall be deposited
into the state treasury to the credit of the state long-term care
ombudsperson program fund created under section 173.26 of the
Revised Code.
Sec. 173.35. (A) As used in this section, "PASSPORT
administrative agency" means an entity under contract with the
department of aging to provide administrative services regarding
the
PASSPORT
program created under section 173.40 of the Revised
Code.
(B) The department of aging shall administer
the residential
state supplement program under which the state
supplements the
supplemental security income payments received by
aged, blind, or
disabled adults under Title XVI of the "Social
Security Act," 49
Stat. 620 (1935), 42 U.S.C.A., as amended.
Residential state
supplement payments shall be used for the
provision of
accommodations, supervision, and personal care
services to
supplemental security income recipients who the
department
determines are at risk of needing institutional care.
(C) For an individual to be eligible for
residential state
supplement
payments,
all of the following must be the case:
(1) Except as provided by division (G) of this section, the
individual must reside in one of the following:
(a) An adult foster home certified under section 173.36 of
the Revised Code;
(b) A home or facility, other than a nursing home or
nursing
home unit of a home for the aging, licensed by the
department of
health under Chapter 3721. or 3722. of
the Revised Code and
certified in accordance with standards established by the director
of aging under division (D)(2) of this section;
(c) A community alternative home licensed under section
3724.03 of the Revised Code and certified in accordance with
standards established by the director of aging under division
(D)(2) of this section;
(d) A residential facility as defined in division
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by
the department of mental health and certified in accordance with
standards established by the director of aging under division
(D)(2) of this section;
(e)(d) An apartment or room used to provide community mental
health housing services certified by the department of mental
health under
section
5119.611 of the
Revised Code
and approved
by
a board of alcohol, drug addiction,
and mental
health services
under division (A)(14) of section
340.03 of the
Revised Code and
certified in accordance with standards established by the director
of aging under division (D)(2) of this section.
(2) Effective July 1, 2000, a
PASSPORT
administrative agency
must have determined that the environment in which the
individual
will be living while receiving the payments is appropriate for the
individual's needs. If the individual is eligible for
supplemental
security
income payments or social security
disability insurance
benefits because of a
mental disability, the
PASSPORT
administrative agency shall refer the individual to a
community
mental health
agency for the community mental health
agency to
issue in accordance with
section 340.091 of the Revised
Code a
recommendation on whether the PASSPORT
administrative
agency
should determine that the environment in which the
individual will
be living while receiving the payments is
appropriate for the
individual's needs. Division (C)(2) of this
section does not apply
to an individual receiving residential
state supplement payments
on
June 30, 2000, until the individual's
first eligibility
redetermination after that date.
(3) The individual satisfies all eligibility requirements
established by
rules adopted under division (D) of this section.
(D)(1) The directors of aging and job
and family services
shall
adopt rules in
accordance with section 111.15 of the Revised
Code
as necessary to
implement the residential state supplement
program.
To the extent
permitted by Title XVI of the "Social Security
Act," and any
other provision of federal law, the director of
job
and family services shall
adopt rules establishing standards for
adjusting the eligibility requirements
concerning
the level of
impairment a person must have so that the amount appropriated for
the program by the general assembly is adequate for the number of
eligible
individuals. The rules shall not limit the eligibility
of
disabled persons
solely on a basis classifying disabilities as
physical or mental. The
director of job and family
services also
shall adopt
rules that establish eligibility standards for
aged,
blind, or disabled individuals who reside in
one of the homes or
facilities specified in division (C)(1)
of
this
section but who,
because of their income, do not receive
supplemental security
income payments. The rules may provide that these
individuals may
include individuals who receive other types of benefits,
including, social security disability insurance benefits provided
under
Title II of the "Social Security
Act," 49 Stat. 620 (1935),
42 U.S.C.A. 401, as
amended. Notwithstanding division
(B) of this
section, such payments may be made if funds are
available for
them.
The director of aging shall adopt rules establishing
the
method to be used
to determine the amount an eligible individual
will receive under the program.
The amount the general assembly
appropriates for the program shall be a
factor
included in the
method that department establishes.
(2) The director of aging shall adopt rules in accordance
with Chapter 119. of the Revised Code establishing standards for
certification of living facilities described in division (C)(1) of
this section.
The directors of aging and mental health shall enter into an
agreement to certify facilities that apply for certification and
meet the standards established by the director of aging under this
division.
(E) The county department of job and family services of
the
county
in which an
applicant
for the residential state supplement
program resides shall determine whether
the applicant meets income
and resource requirements for the program.
(F) The department of aging shall maintain a waiting list
of
any
individuals eligible for payments under this section but not
receiving them because moneys appropriated to the department for
the purposes of this section are insufficient to make payments to
all eligible individuals. An individual may apply to be placed
on
the waiting list even though the individual does not reside in one
of the
homes or facilities specified in division (C)(1) of this
section at
the time of application. The director of aging, by
rules adopted
in
accordance with
Chapter 119. of the Revised
Code,
shall specify
procedures and
requirements for placing an
individual on the
waiting list and priorities for the order in
which individuals placed on the waiting list are to begin to
receive residential state supplement payments.
The rules
specifying priorities may give priority to individuals
placed on
the waiting list on or after July 1, 2006, who receive
supplemental security income benefits under Title XVI of the
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C. 1381, as
amended. The rules shall not affect the place on the waiting list
of any person who was on the list on July 1, 2006. The rules
specifying priorities may also set additional priorities based on
living arrangement, such as whether an individual resides in a
facility listed in division (C)(1) of this section or has been
admitted to a nursing facility.
(G) An individual in a licensed or certified living
arrangement receiving state supplementation on November 15, 1990,
under former section 5101.531 of the Revised Code shall not
become
ineligible for payments under this section solely by
reason of the
individual's living arrangement as long as
the individual remains
in the living arrangement in which
the individual resided on
November 15, 1990.
(H) The department of aging shall notify each person
denied
approval for payments under this section of the
person's right to
a hearing. On request, the hearing shall be provided by
the
department of job and family services in accordance
with section
5101.35
of the Revised Code.
Sec. 173.392. (A) The department of aging may pay a person or
government entity for providing community-based long-term care
services under a program the department administers, even though
the person or government entity is not certified under section
173.391 of the Revised Code, if all of the following are the case:
(1) The person or government entity has a contract with the
department of aging or the department's designee to provide the
services in accordance with the contract or has received a grant
from the department or its designee to provide the services in
accordance with a grant agreement;
(2) The contract or grant agreement includes detailed
conditions of participation for providers of services under a
program the department administers and service standards that the
person or government entity is required to satisfy;
(3) The person or government entity complies with the
contract or grant agreement;
(4) The contract or grant is not for medicaid-funded
services, other than services provided under the PACE program
administered by the department of aging under section 173.50 of
the Revised Code.
(B) The director of aging shall adopt rules in accordance
with Chapter 119. of the Revised Code governing both of the
following:
(1) Contracts and grant agreements between the department of
aging or its designee and persons and government entities
regarding community-based long-term care services provided under a
program the department administers;
(2) The department's payment for community-based long-term
care services provided under such a contract this section.
Sec. 173.42. (A) As used in this section:
(1)
"Area agency on aging" means a public or private
nonprofit entity designated under section 173.011 of the Revised
Code to administer programs on behalf of the department of aging.
(2) "Long-term care consultation" or "consultation" means the
process used to
provide services under consultation service made
available by the department of aging or a program administrator
through the long-term care consultation
program
established
pursuant to this section, including, but not
limited
to, such
services as the provision of information about
long-term
care
options and costs, the assessment of an
individual's
functional
capabilities, and the conduct of all or
part of the
reviews,
assessments, and determinations specified in
sections
5111.202,
5111.204, 5119.061, and 5123.021 of the
Revised Code
and
the
rules adopted under those sections.
(3) "Medicaid" means the medical assistance program
established under Chapter 5111. of the Revised Code.
(4)
"Nursing facility" has the same meaning as in section
5111.20 of the Revised Code.
(5) "Program administrator" means an area agency on aging
or
other entity under contract with the department of aging to
administer the long-term care consultation program in a geographic
region specified in the contract.
(6)
"Representative" means a person acting on behalf of
an
individual seeking a long-term care consultation, applying for
admission to a nursing facility, or residing in a nursing
facility. A
representative
may be a family member, attorney,
hospital social
worker, or any
other person chosen to act on
behalf of the individual.
(B) The department of aging shall develop a long-term care
consultation program whereby individuals or their representatives
are provided with long-term care consultations and receive through
these professional consultations information about options
available to meet long-term care needs and information about
factors to consider in making long-term care decisions. The
long-term care consultations provided under the program may be
provided at any appropriate time, as permitted or required under
this section and the rules adopted under it, including either
prior to or after the individual who is the subject of a
consultation has been admitted to a nursing facility.
(C)(1) The long-term care consultation program shall be
administered by the department of aging, except that the
department may enter into a contract with an area agency on aging
or other entity selected by the department under which the program
for a particular area is administered by the area agency on aging
or other entity pursuant to the contract have the program
administered on a regional basis by one or more program
administrators.
(2) The department and each program administrator shall
administer the program in such a manner that all of the following
are included:
(a) Coordination and collaboration with respect to all
available funding sources for long-term care services;
(b) Assessments of individuals regarding their long-term care
service needs;
(c) Assessments of individuals regarding their on-going
eligibility for long-term care services;
(d) Procedures for assisting individuals in obtaining access
to, and coordination of, health and supportive services;
(e) Procedures for monitoring the provision of health and
long-term care services and supports, including the quality and
cultural competence
of the services and supports;
(f) Priorities for using available resources efficiently and
effectively.
(D) The long-term care consultations provided for purposes of
the program shall be provided by individuals certified by the
department under section 173.43 of
the Revised Code.
(E) The information provided through a long-term care
consultation shall be appropriate to the individual's needs and
situation and shall address all of the following:
(1) The availability of any long-term care options open to
the individual;
(2) Sources and methods of both public and private payment
for long-term care services;
(3) Factors to consider when choosing among the available
programs, services, and benefits;
(4) Opportunities and methods for maximizing independence and
self-reliance, including support services provided by the
individual's family, friends, and community.
(F) An individual's long-term care consultation may include
an assessment of the individual's functional capabilities. The
consultation may incorporate portions of the determinations
required under sections 5111.202, 5119.061, and 5123.021 of the
Revised Code and may be provided concurrently with the assessment
required under section 5111.204 of the Revised Code.
(G)(1) Unless an exemption specified in division (I) of this
section is applicable, each individual in of the following
categories shall be provided with a long-term care consultation:
(a) Individuals (1) An individual who apply applies or
indicate indicates an intention to apply for admission to a
nursing facility, regardless of the source of payment to be used
for their the individual's care in a nursing facility;
(b) Nursing (2) A nursing facility residents who apply or
indicate an intention to apply for medicaid resident, regardless
of
the source of payment being used for the resident's care in
the
facility;
(c) Nursing facility residents who are likely to spend down
their resources within six months after admission to a nursing
facility to a level at which they are financially eligible for
medicaid;
(d) Individuals (3) An individual who request requests a
long-term
care consultation;
(4) An individual identified by the department or a program
administrator as being likely to benefit from a long-term care
consultation.
(2) In addition to the individuals included in the categories
specified in division (G)(1) of this section, long-term care
consultations may be provided to nursing facility residents who
have not applied and have not indicated an intention to apply for
medicaid. The purpose of the consultations provided to these
individuals shall be to determine continued need for nursing
facility services, to provide information on alternative services,
and to make referrals to alternative services.
(H)(1) When Except as provided in division (H)(2) or (3) of
this section, a long-term care consultation is required to be
provided pursuant to division (G)(1) of this section, the
consultation shall be provided as follows or pursuant to division
(H)(2) or (3) of this section:
(a) If the individual for whom the consultation is being
provided has applied for medicaid and the consultation is being
provided concurrently with the assessment required under section
5111.204 of the Revised Code, the consultation shall be completed
in accordance with the applicable time frames specified in that
section for providing a level of care determination based on the
assessment.
(b) In all other cases, the consultation shall be provided
not later than five calendar days after the department or the
program administrator under contract with the department receives
notice of the reason for which the consultation is required to be
provided pursuant to division (G)(1) of this section.
(2) An individual or the individual's representative may
request that a long-term care consultation be provided on a date
that is later than the date required under division (H)(1)(a) or
(b) of this section.
(3) If a long-term care consultation cannot be completed
within the number of days required by division (H)(1) or (2) of
this section, the department or the program administrator under
contract with the department may do any of the following:
(a) Exempt the individual from the consultation pursuant to
rules that may be adopted under division (L)(K) of this section;
(b) In the case of an applicant for admission to a nursing
facility, provide the consultation after the individual is
admitted to the nursing facility;
(c) In the case of a resident of a nursing facility, provide
the consultation as soon as practicable.
(I) An individual is not required to be provided a long-term
care consultation under this section if any of the following
apply:
(1) The department or program administrator has attempted to
provide the consultation, but the individual or the individual's
representative chooses to forego participation in the consultation
pursuant to criteria specified in rules adopted under
division (L)
of this section refuses to cooperate;
(2) The individual is to receive care in a nursing facility
under a
contract for continuing care as defined in section 173.13
of the
Revised Code;
(3) The individual has a contractual right to admission to a
nursing
facility operated as part of a system of continuing care
in
conjunction with one or more facilities that provide a less
intensive level of services, including a residential care
facility
licensed under
Chapter 3721. of the Revised Code, an
adult care
facility
licensed under Chapter 3722. of the Revised Code, or an
independent living arrangement;
(4) The individual is to receive continual care in a home for
the aged
exempt from taxation under section 5701.13 of the Revised
Code;
(5) The individual is seeking admission to a facility that is
not a nursing facility with a provider agreement under section
5111.22 of the Revised Code;
(6) The individual is to be transferred from another nursing
facility;
(7) The individual is to be readmitted to a nursing facility
following
a period of hospitalization;
(8) The individual is exempted from the long-term care
consultation requirement by the department or the program
administrator pursuant to rules that may be adopted under division
(L) of this section.
(J) At the conclusion of an individual's long-term care
consultation, the department or the program administrator under
contract with the department shall provide the individual or
individual's representative with a written summary of options and
resources available to meet the individual's needs. Even though
the summary may specify that a source of long-term care other
than care in a nursing facility is appropriate and available, the
individual is
not required to seek an alternative source
of
long-term
care and may be admitted to or continue to reside in
a
nursing facility.
(K) No nursing facility for which an operator has a provider
agreement under section 5111.22 of the Revised Code shall
admit
or
retain any individual as a resident, unless the nursing facility
has received
evidence that a long-term care consultation has been
completed for the individual or division (I) of this section is
applicable to the individual.
(L)(K) The director of
aging may adopt
any rules the
director
considers necessary for the implementation and
administration of
this
section. The rules shall
be adopted in
accordance with
Chapter 119. of the Revised Code and may specify
any or all of the
following:
(1) Procedures for providing long-term care consultations
pursuant to this section;
(2) Information to be provided through long-term care
consultations regarding long-term care services that are
available;
(3) Criteria under which an individual or the individual's
representative may choose to forego participation in and
procedures to be used to identify and recommend appropriate
service options for an individual receiving a long-term
care
consultation;
(4) Criteria for exempting individuals from the long-term
care consultation requirement;
(5) Circumstances under which it may be appropriate to
provide an individual's long-term care consultation after the
individual's admission to a nursing facility rather than before
admission;
(6) Criteria for identifying nursing facility residents
who
would benefit from the provision of a long-term care
consultation;
(7) A description of the types of information from a nursing
facility that is needed under the long-term care consultation
program to assist a resident with relocation from the facility;
(8) Standards to prevent conflicts of interest relative to
the referrals made by a person who performs a long-term care
consultation, including standards that prohibit the person from
being employed by a provider of long-term care services;
(9) Procedures for providing notice and an opportunity for a
hearing under division (M) of this section.
(L) To assist the department and each program administrator
with identifying individuals who are likely to benefit from a
long-term care consultation, the department and program
administrator may ask to be given access to nursing facility
resident assessment data collected through the use of the resident
assessment instrument specified in rules adopted under section
5111.02 of the Revised Code for purposes of the medicaid program.
Except when prohibited by state or federal law, the department of
health, department of job and family services, or nursing facility
holding the data shall grant access to the data on receipt of the
request from the department of aging or program administrator.
(M)(1) The director of aging, after providing notice and
an
opportunity for a hearing, may fine a
nursing
facility an
amount
determined by rules the director shall
adopt
in accordance
with
Chapter 119. of the Revised Code if for any of the following
reasons:
(a) The nursing facility admits or retains an individual,
without evidence that a
long-term care consultation has been
provided, as
required by this section;
(b) The nursing facility denies a person attempting to
provide a long-term care consultation access to the facility or a
resident of the facility;
(c) The nursing facility
denies the department of aging or
program administrator access to the facility or a resident of the
facility, as the department or administrator considers
necessary
to administer the program.
(2) In accordance with section 5111.62 of the Revised Code,
all fines collected under this
division (M)(1) of this section
shall be deposited into the state treasury to the credit of the
residents protection fund.
Sec. 173.50. (A) Pursuant to a contract entered into with the
department of job and family services as an interagency agreement
under section 5111.91 of the Revised Code, the department of aging
shall carry out the day-to-day administration of the component of
the medicaid program established under Chapter 5111. of the
Revised Code known as the program of all-inclusive care for the
elderly or PACE. The department of aging shall carry out its PACE
administrative duties in accordance with the provisions of the
interagency agreement and all applicable federal laws, including
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396u-4,
as amended.
(B) The department of aging may adopt rules in accordance
with Chapter 119. of the Revised Code regarding the PACE program,
including rules establishing priorities for enrolling in the
program pursuant to section 173.501 of the Revised Code. The
department's rules are subject to both of the following:
(1) The rules shall be authorized by rules adopted by the
department of job and family services.
(2) The rules shall address only those issues that are not
addressed in rules adopted by the department of job and family
services for the PACE program.
Sec. 173.501. (A) As used in this section:
"Nursing facility" has the same meaning as in section 5111.20
of the Revised Code.
"PACE provider" has the same meaning as in 42 U.S.C.
1396u-4(a)(3).
(B) Each month, the department of aging shall determine
whether individuals who are on a waiting list for the PACE program
have been admitted to a nursing facility. If the department
determines that such an individual has been admitted to a nursing
facility, the department shall notify the PACE provider serving
the area in which the individual resides about the determination.
The PACE provider shall determine whether the PACE program is
appropriate for the individual and whether the individual would
rather participate in the PACE program than continue residing in
the nursing facility. If the PACE provider determines that the
PACE program is appropriate for the individual and the individual
would rather participate in the PACE program than continue
residing in the nursing facility, the PACE provider shall so
notify the department of aging. On receipt of the notice
from the
PACE provider, the department of aging shall approve the
individual's enrollment in the PACE program in accordance with
priorities established in rules adopted under section 173.50 of
the Revised Code. Each quarter, the department of aging shall
certify to the director of budget and management the estimated
increase in costs of the PACE program resulting from enrollment of
individuals in the PACE program pursuant to this section.
(C) Not later than the last day of each calendar year, the
director of aging shall submit to the general
assembly a report
regarding the number of individuals enrolled in
the PACE program
pursuant to this section and the costs incurred
and savings
achieved as a result of the enrollments.
Sec. 173.99. (A) A long-term care provider, person employed
by a long-term
care provider, other entity, or employee of such
other entity that violates
division (C) of section 173.24 of the
Revised Code is subject to a fine not to
exceed one thousand
dollars for each violation.
(B) Whoever violates division (C) of section 173.23 of the
Revised Code is
guilty of registering a false complaint, a
misdemeanor of the first degree.
(C) A long-term care provider, other entity, or person
employed by a long-term care provider or other entity that
violates division (E) of section 173.19 of the Revised Code by
denying a representative of the office of the state long-term care
ombudsperson program the access required by that division is
subject to a fine not to exceed five hundred dollars for each
violation.
(D) Whoever violates division (C) of section 173.44 of the
Revised Code is subject to a fine of one hundred dollars.
(E) Whoever violates division (B) of section 173.90 of the
Revised Code is guilty of a misdemeanor of the first degree.
Sec. 174.02. (A) The low- and moderate-income housing
trust
fund is hereby created in the state treasury. The fund
consists of
all appropriations made to the fund, housing trust fund fees
collected by county recorders pursuant to section 317.36 of the
Revised Code and deposited into the fund pursuant to section
319.63 of the Revised Code, and all grants, gifts, loan
repayments,
and
contributions of money made from any source to the
department of
development for deposit in the fund. All investment
earnings
of the fund
shall be
credited to the fund. The director
of
development shall
allocate a portion of the money in the fund
to
an account of the
Ohio housing finance agency. The department
shall administer the
fund. The agency shall use money allocated
to
it for
implementing and administering its programs
and duties
under
sections 174.03 and 174.05 of the Revised Code,
and the
department
shall use the remaining money in the fund for
implementing and
administering its programs and duties under
sections 174.03 to
174.06 of the Revised Code. Use of all money
drawn from the fund is
subject to the following restrictions:
(1) Not more than six per cent of any current year
appropriation authority for the fund shall be used for the
transitional and permanent housing program to make grants to
municipal corporations, counties, townships, and nonprofit
organizations for the acquisition, rehabilitation, renovation,
construction, conversion, operation, and cost of supportive
services for new and existing transitional and permanent housing
for homeless persons.
(2)(a) Not more than five per cent of the current year
appropriation authority for the fund shall be allocated between
grants to community development corporations for the community
development corporation grant program and grants and loans to the
Ohio community development finance fund, a private nonprofit
corporation.
(b) In any year in which the amount in the fund exceeds one
hundred thousand dollars and at least that much is allocated for
the uses described in this section, not less than one hundred
thousand dollars shall be used to provide training, technical
assistance, and capacity building assistance to nonprofit
development organizations.
(3)(2) Not more than seven ten per cent of any current year
appropriation authority for the fund shall be used for the
emergency shelter housing grants program to make grants to
private, nonprofit organizations and municipal corporations,
counties, and townships for emergency shelter housing for the
homeless and emergency shelter facilities serving unaccompanied
youth seventeen years of age and younger. The grants shall be
distributed pursuant to rules the director adopts and qualify as
matching funds for funds obtained pursuant to the McKinney Act,
101 Stat. 85 (1987), 42 U.S.C.A. 11371 to 11378.
(4)(3) In any fiscal year in which the amount in the fund
exceeds the amount awarded pursuant to division (A)(2)(1)(b) of
this section by at least two hundred fifty thousand dollars, at
least two hundred fifty thousand dollars from the fund shall be
provided to the department of aging for the resident services
coordinator program as established in section 173.08 of the
Revised Code.
(5)(4) Of all current year appropriation authority for the
fund, not more than five per cent shall be used for
administration.
(6)(5) Not less than forty-five
per cent of the
funds awarded
during any one fiscal
year shall be for grants
and loans to
nonprofit
organizations under section
174.03 of the
Revised Code.
(7)(6) Not less
than
fifty per
cent of
the
funds awarded
during any one fiscal year, excluding the amounts awarded pursuant
to divisions (A)(1), and (2), and (3) of this section,
shall be
for grants and loans
for activities
that
provide
housing
and
housing assistance to
families and
individuals
in
rural areas
and
small cities that
are not
eligible to
participate
as a
participating
jurisdiction under the "HOME
Investment Partnerships
Act," 104
Stat. 4094 (1990), 42 U.S.C.
12701 note, 12721.
(8) No money in the
fund
shall be used to pay
for
any legal
services other than the
usual
and customary legal
services
associated with the acquisition
of
housing.
(9)(7) Money in the fund may be used
as
matching money for
federal funds received by the state,
counties,
municipal
corporations, and townships for the
activities listed in
section
174.03 of the Revised Code.
(B) If, after the second quarter of any year, it appears to
the director that the full amount of the money in the fund
designated in that year for
activities that provide housing and
housing assistance to
families and individuals in rural areas and
small cities under
division (A) of this section will not be used
for that purpose, the director
may
reallocate all or a portion of
that amount for other housing
activities. In determining whether
or how to reallocate money
under this division, the director may
consult with and shall
receive advice from the housing trust fund
advisory committee.
Sec. 174.03. (A) The department of development and the
Ohio
housing finance agency shall each develop programs under
which, in
accordance with rules adopted under this section, they
may make
grants, loans, loan guarantees, and loan subsidies to
counties,
municipal corporations, townships, local housing
authorities, and
nonprofit organizations and may make loans, loan
guarantees, and
loan subsidies to private developers and private
lenders to assist
in activities that provide housing
and
housing
assistance for
specifically targeted low- and
moderate-income
families and
individuals.
There is no
minimum housing
project size for awards
under this division for
any project that
is developed for a
special needs population
and that is
supported by a social service
agency where the housing
project
is located. Activities for which
grants, loans,
loan
guarantees, and
loan subsidies may be made
under this section
include
all of the following:
(1) Acquiring, financing, constructing, leasing,
rehabilitating, remodeling, improving, and equipping publicly or
privately owned housing;
(2) Providing supportive services related to housing and
the
homeless, including housing counseling. Not
more than twenty per
cent of the current year appropriation
authority for the low- and
moderate-income housing trust fund that remains after the award of
funds made pursuant to divisions (A)(1), and (A)(2), and (A)(3) of
section 174.02 of the Revised Code,
shall be awarded in any fiscal
year for supportive services.
(3) Providing rental assistance payments or other project
operating subsidies that lower tenant rents.
(B)
Activities listed under division (A) of this section may
include emergency shelter care programs for unaccompanied youth
seventeen years of age and younger.
(C) Grants, loans, loan guarantees,
and loan
subsidies may
be
made to counties, municipal
corporations, townships, and
nonprofit
organizations for the
additional purposes of providing
technical
assistance, design and
finance services and
consultation, and
payment of pre-development
and administrative
costs related to any
of the activities listed
above.
(D)(C) In developing programs under this section, the
department
and
the agency shall invite, accept, and consider
public
comment,
and recommendations from the housing trust fund
advisory
committee
created under section 174.06 of the Revised
Code, on
how the
programs should be designed to most effectively
benefit
low- and
moderate-income families and individuals. The
programs
developed
under this section shall respond collectively
to
housing and
housing assistance needs of low- and
moderate-income
families and
individuals statewide.
(E)(D) The department and
the agency, in accordance with
Chapter
119. of the Revised Code, shall each adopt rules to
administer
programs developed under this
section.
The rules shall
prescribe
procedures and forms that
counties,
municipal
corporations,
townships, local housing
authorities, and
nonprofit
organizations
shall use in applying for
grants,
loans, loan
guarantees,
and loan
subsidies and that private
developers
and
private
lenders shall
use in applying for loans, loan
guarantees,
and loan
subsidies;
eligibility criteria for the
receipt of funds;
procedures for
reviewing and granting or denying
applications;
procedures for
paying out funds; conditions on the
use of funds;
procedures for
monitoring the use of funds; and
procedures under
which a
recipient shall be required to repay
funds that are
improperly
used. The rules shall do
both of the
following:
(1) Require each recipient of a grant
or loan made
from
the
low- and moderate-income housing trust fund for
activities
that
provide, or assist in providing, a rental
housing
project, to
reasonably ensure that the rental housing
project
will remain
affordable to those families and individuals
targeted for
the
rental housing project for the useful life of the
rental
housing
project or for thirty years, whichever is longer;
(2) Require each recipient of a grant
or loan made
from
the
low- and moderate-income housing trust fund for
activities
that
provide, or assist in providing, a housing
project to
prepare
and
implement a plan to reasonably assist any
families
and
individuals
displaced by the housing project in
obtaining
decent
affordable
housing.
(F)(E) In prescribing eligibility criteria and conditions for
the use of funds, neither the department nor the agency is limited
to
the criteria and conditions specified in this section and each
may
prescribe additional eligibility criteria and conditions that
relate to the purposes for which
grants, loans, loan guarantees,
and loan subsidies may be made. However, the
department and
agency
are limited by the following specifically
targeted low-
and
moderate-income guidelines:
(1) Not less than seventy-five per cent of the money
granted
and loaned under this section in any
fiscal year shall be
for
activities that provide affordable housing and housing
assistance
to families and individuals whose incomes
are equal to or less
than
fifty per cent of the median
income for
the county in which
they live, as determined by the department under
section
174.04
of the Revised Code.
(2) Any money
granted and loaned under
this
section in any
fiscal year that is not granted or loaned pursuant to division
(F)(1) of this section shall be for activities
that
provide
affordable housing and housing assistance to
families
and
individuals whose incomes are equal to or
less
than
eighty per
cent of the median income for the county in which they live, as
determined by the department under section 174.04 of the Revised
Code.
(G)(F) In making
grants, loans, loan guarantees,
and loan
subsidies under this section, the department and
the
agency shall
give preference to viable projects and activities
that
benefit
those families and individuals whose
incomes
are equal to or less
than
thirty-five per cent of
the median
income for the county in
which they live, as determined by the department
under
section
174.04 of the Revised Code.
(H)(G) The department and
the
agency
shall monitor the
programs
developed under this section to
ensure
that money
granted
and
loaned under this section is not
used in a
manner
that
violates
division (H) of section 4112.02 of
the
Revised
Code or
discriminates against families with children.
Sec. 174.06. (A) There is hereby created the housing trust
fund advisory committee. The committee consists of fourteen
members the governor appoints as follows to
represent
organizations committed to housing and housing
assistance for low-
and moderate-income persons:
(1) One member to represent lenders.
(2) One member to represent for-profit builders and
developers.
(3) One member to represent the families and
individuals
included in the income groups targeted for housing
and housing
assistance under divisions (E) and (F) and (G) of section
174.03
of the
Revised Code.
(4) One member to represent religious, civic, or social
service organizations.
(5) One member to represent counties.
(6) One member to represent municipal corporations.
(7) One member to represent townships.
(8) One member to represent local housing authorities.
(9) One member to represent fair housing organizations.
(10) Three members to represent nonprofit organizations.
(11) One member to represent real estate brokers
licensed
under Chapter 4735. of the Revised Code.
(12) One member to represent the for-profit rental
housing
industry.
(B)(1) Terms of office are for four years, with each term
ending on the same day of the same month as did the term that it
succeeds. Each member shall hold office from the date of
appointment until the end of the term for which the member was
appointed.
Vacancies shall be filled in the manner prescribed for
the
original appointment. A member appointed to fill a vacancy
occurring prior to the expiration of a term shall hold office for
the remainder of
that term. A member shall continue in office
subsequent to the
expiration of a term until a successor takes
office or until
a period of sixty days has elapsed, whichever
occurs first.
(2) The governor may remove a member for
misfeasance,
malfeasance, or willful neglect of duty.
(C)(1) The committee shall select a chairperson from among
its
members. The committee shall meet at least once each calendar
year and upon the call of the chair. Members of the committee
serve without compensation, but shall be reimbursed for
reasonable
and necessary expenses incurred in the discharge of
duties.
(2) The department of development shall provide the committee
with a meeting place, supplies, and staff assistance as the
committee requests.
(D) The committee shall assist the department and the Ohio
housing finance agency in defining housing needs and priorities,
recommend to the department and agency at least
annually how the
programs developed under section 174.02 of
the Revised Code should
be designed to most effectively benefit
low- and moderate-income
persons, consider an allocation of funds for projects of fifteen
units or less, and advise the
director of development on whether
and how to reallocate money in the low- and
moderate-income
housing trust fund under division (B) of section
174.02 of the
Revised Code.
Sec. 176.05. (A)(1) Notwithstanding any provision of law
to
the contrary, the rate of wages payable for the various
occupations covered by sections 4115.03 to 4115.16 of the Revised
Code to persons employed on a project who are not
any of the
following shall be determined according to this section:
(a) Qualified volunteers;
(b) Persons required to participate in a work
activity,
developmental activity, or alternative work activity under
sections 5107.40 to 5107.69 of the
Revised Code except those
engaged in paid employment
or subsidized employment pursuant to
the activity;
(c) Food stamp Supplemental nutrition assistance program
benefit recipients required to participate in
employment and
training activities established by rules adopted under section
5101.54 of the Revised Code.
An association representing the
general contractors or
subcontractors that engage in the business
of residential
construction in a certain locality shall negotiate
with the
applicable building and construction trades council in
that
locality an agreement or understanding that sets forth the
residential prevailing rate of wages, payable on projects in that
locality, for each of the occupations employed on those projects.
(2) Notwithstanding any residential prevailing rate of wages
established
prior to July 1, 1995, if, by October 1, 1995, the
parties are
unable to agree under division (A)(1) of this section
as to the rate
of wages payable for each occupation covered by
sections 4115.03 to 4115.16
of the Revised Code, the director of
commerce
shall establish the rate of wages payable for each
occupation.
(3) The residential prevailing rate of wages established
under division (A)(1) or (2) of this section shall not be equal
to
or greater than the prevailing rate of wages determined by the
director pursuant to sections 4115.03 to 4115.16
of the
Revised
Code for any of the occupations covered by those sections.
(B) Except for the prevailing rate of wages determined by
the
director pursuant to sections 4115.03 to
4115.16 of
the Revised
Code, those sections and section 4115.99 of the Revised
Code apply
to projects.
(C) The residential prevailing rate of wages established
under division (A) of this section is not payable to any
individual or member of that individual's family who provides
labor in exchange for acquisition of the property for
homeownership or who provides labor in place of or as a
supplement
to any rental payments for the property.
(D) For the purposes of this section:
(1) "Project" means any construction, rehabilitation,
remodeling, or improvement of residential housing, whether on a
single or multiple site for which a person, as defined in section
1.59 of the Revised Code, or municipal corporation, county, or
township receives financing, that is financed in whole or in part
from state moneys or pursuant to this chapter, section 133.51 or
307.698 of the Revised Code, or Chapter 174. or 175. of the
Revised Code,
except for any of the following:
(a) The single-family mortgage revenue bonds homeownership
program under Chapter 175. of the Revised Code, including
owner-occupied dwellings of one to four units;
(b) Projects consisting of fewer than six units developed
by
any entity that is not a nonprofit organization exempt from
federal income tax under section 501(c)(3) of the Internal
Revenue
Code;
(c) Projects of fewer than twenty-five units developed by
any
nonprofit organization that is exempt from federal income tax
under section 501(c)(3) of the Internal Revenue Code;
(d) Programs undertaken by any municipal corporation,
county,
or township, including lease-purchase programs, using
mortgage
revenue bond financing;
(e) Any individual project, that is sponsored or developed
by
a nonprofit organization that is exempt from federal income
tax
under section 501(c)(3) of the Internal Revenue Code, for
which
the federal government or any of its agencies furnishes by
loan,
grant, low-income housing tax credit, or insurance more
than
twelve per cent of the costs of the project. For purposes
of
division (D)(2)(e) of this section, the value of the
low-income
housing tax credits shall be calculated as the
proceeds from the
sale of the tax credits, less the costs of the
sale.
As used in division (D)(1)(e) of this section, "sponsored"
means that a general partner of a limited partnership owning the
project or a managing member of a limited liability company owning
the project is either a nonprofit organization that is exempt
from
federal income tax under section 501(c)(3) of the Internal
Revenue
Code or a person, as defined in section 1.59 of the
Revised Code,
or a limited liability company in which such a nonprofit
organization maintains
controlling interest. For purposes of this
division, a general partner of a limited partnership that is a
nonprofit organization described under this division is not
required to be the sole general partner in the limited
partnership, and a managing member of a limited liability company
that is a nonprofit organization described under this division is
not required to be the sole managing member in the limited
liability company.
Nothing in division (D)(1)(e) of this section shall be
construed as permitting unrelated projects to be combined for the
sole purpose of determining the total percentage of project costs
furnished by the federal government or any of its agencies.
(2) A "project" is a "public improvement" and the state or
a
political subdivision that undertakes or participates in the
financing of a project is a "public authority," as both of the
last two terms are defined in section 4115.03 of the Revised
Code.
(3) "Qualified volunteers" are volunteers who are working
without compensation for a nonprofit organization that is exempt
from federal income tax under section 501(c)(3) of the Internal
Revenue Code, and that is providing housing or housing assistance
only to families and individuals in a county whose incomes are
not
greater than one hundred forty per cent of the median income
of
that county as determined under section 174.04 of the Revised
Code.
Sec. 307.626. (A) By the first day of April of
each year,
the person convening the child fatality review board shall prepare
and submit
to the Ohio department of health a report that includes
all of summarizes the following information with respect to each
the child death deaths that
was were reviewed by the review board
in the previous calendar year:
(2) Factors contributing to death;
(6) The geographic location of death;
The report shall specify the number of child deaths that have
not been
reviewed since the effective date of this section were
not reviewed during the previous calendar year.
The report may include recommendations for actions that might
prevent
other deaths, as well as any other information the review
board determines
should be included.
(B) Reports prepared under division (A) of this section shall
be considered public records under section 149.43 of the
Revised
Code.
(C) The child fatality review board shall submit individual
data with respect to each child death review into the Ohio
department of health child death review database or the national
child death review database. The individual data shall include the
information specified in division (A) of this section and any
other information the board considers relevant to the review.
Individual data related
to a child death review that is contained
in the Ohio department
of health child death review database is
not a public record under
section 149.43 of the Revised Code.
Sec. 307.629. (A) Except as provided in sections 5153.171 to
5153.173 of the Revised Code, any information, document, or report
presented to a child fatality review board, all statements made by
review
board members
during meetings of the review board, and all
work products of the review
board, and child fatality review data
submitted by the child fatality review board to the department of
health or a national child death review database, other than the
report prepared pursuant to division (A) of
section 307.626 of the
Revised Code,
are confidential and
shall be used by the review
board and, its
members, and the department of health only in the
exercise
of the
proper functions of the review board and the
department.
(B) No person shall permit or encourage the
unauthorized
dissemination of the confidential information
described in
division (A) of this section.
(C) Whoever violates division (B) of
this section is guilty
of a misdemeanor of the second degree.
Sec. 319.301. (A) This section does not apply to any of
the
following:
(1) Taxes levied at whatever rate is required to produce a
specified amount of tax money, including a tax levied under
section 5705.199 or 5705.211 of the Revised Code, or an amount to
pay debt charges;
(2) Taxes levied within the one per cent limitation
imposed
by Section 2 of Article XII, Ohio Constitution;
(3) Taxes provided for by the charter of a municipal
corporation.
(B) As used in this section:
(1) "Real property" includes real property owned by a
railroad.
(2) "Carryover property" means all real property on the
current year's tax list except:
(a) Land and improvements that were not taxed by the
district
in both the preceding year and the current year;
(b) Land and improvements that were not in the same class
in
both the preceding year and the current year.
(3) "Effective tax rate" means with respect to each class
of
property:
(a) The sum of the total taxes that would have been
charged
and payable for current expenses against real property in
that
class if each of the district's taxes were reduced for the
current
year under division (D)(1) of this section without regard
to the
application of division (E)(3) of this section divided by
(b) The taxable value of all real property in that class.
(4) "Taxes charged and payable" means the taxes charged
and
payable prior to any reduction required by section 319.302 of
the
Revised Code.
(C) The tax commissioner shall make the determinations
required by this section each year, without regard to whether a
taxing district has territory in a county to which section
5715.24
of the Revised Code applies for that year. Separate
determinations
shall be made for each of the two classes
established pursuant to
section 5713.041 of the Revised Code.
(D) With respect to each tax authorized to be levied by
each
taxing district, the tax commissioner, annually, shall do
both of
the following:
(1) Determine by what percentage, if any, the sums levied
by
such tax against the carryover property in each class would
have
to be reduced for the tax to levy the same number of dollars
against such property in that class in the current year as were
charged against such property by such tax in the preceding year
subsequent to the reduction made under this section but before
the
reduction made under section 319.302 of the Revised Code. In
the
case of a tax levied for the first time that is not a renewal
of
an existing tax, the commissioner shall determine by what
percentage the sums that would otherwise be levied by such tax
against carryover property in each class would have to be reduced
to equal the amount that would have been levied if the full rate
thereof had been imposed against the total taxable value of such
property in the preceding tax year. A tax or portion of a tax
that
is designated a replacement levy under section 5705.192 of
the
Revised Code is not a renewal of an existing tax for purposes
of
this division.
(2) Certify each percentage determined in division (D)(1)
of
this section, as adjusted under division
(E) of this section, and
the class of
property to which that percentage applies to
the
auditor of each county in which the district has territory.
The
auditor, after complying with section 319.30 of the Revised
Code,
shall reduce the sum to be levied by such tax against each
parcel
of real property in the district by the percentage so
certified
for its class. Certification shall be made by the
first day of
September except in the case of a tax levied for the
first time,
in which case certification shall be made within
fifteen days of
the date the county auditor submits the
information necessary to
make the required determination.
(E)(1) As used in division (E)(2) of this section,
"pre-1982
joint vocational taxes" means, with respect to a class
of
property, the difference between the following amounts:
(a) The taxes charged and payable in tax year 1981 against
the property in that class for the current expenses of the joint
vocational school district of which the school district is a part
after making all reductions under this section;
(b) The following percentage of the taxable value of all
real
property in that class:
(i) In 1987, five one-hundredths of one per cent;
(ii) In 1988, one-tenth of one per cent;
(iii) In 1989, fifteen one-hundredths of one per cent;
(iv) In 1990 and each subsequent year, two-tenths of one
per
cent.
If the amount in division (E)(1)(b) of this section exceeds
the amount in division (E)(1)(a) of this section, the pre-1982
joint vocational taxes shall be zero.
As used in divisions (E)(2) and (3) of this section, "taxes
charged and payable" has the same meaning as in division (B)(4)
of
this section and excludes any tax charged and payable in 1985
or
thereafter under sections 5705.194 to 5705.197 or section 5705.199
or
5705.213
of the Revised Code.
(2) If in the case of a school district other than a joint
vocational or cooperative education school district any
percentage
required to be used in division (D)(2) of this section
for either
class of property could cause the total taxes charged
and payable
for current expenses to be less than two per cent of
the taxable
value of all real property in that class that is
subject to
taxation by the district, the commissioner shall determine what
percentages would cause the district's total taxes charged and
payable for current expenses against that class, after all
reductions that would otherwise be made under this section, to
equal, when combined with the pre-1982 joint vocational taxes
against that class, the lesser of the following:
(a) The sum of the rates at which those taxes are
authorized
to be levied;
(b) Two per cent of the taxable value
of the property in
that
class. The auditor shall use such
percentages in making the
reduction required by this section for that class.
(3)(a) If in the case of a joint vocational school
district
any percentage required to be used in division (D)(2) of
this
section for either class of property could cause the total
taxes
charged and payable for current expenses for that
class to be less
than the
designated amount, the commissioner shall determine what
percentages would
cause
the district's total taxes charged and
payable for
current expenses for that class,
after all reductions
that would otherwise be made under this
section, to equal the
designated amount. The auditor shall use
such percentages in
making the reductions required by this
section for that class.
(b) As used in division (E)(3)(a) of this section, the
designated amount shall equal the taxable value of all real
property in the class that is subject to taxation by the district
times the lesser of the following:
(i) Two-tenths of one per cent;
(ii) The district's effective rate plus the following
percentage for the year indicated:
|
WHEN COMPUTING THE |
|
ADD THE FOLLOWING |
|
TAXES CHARGED FOR |
|
PERCENTAGE: |
|
1987 |
|
0.025% |
|
1988 |
|
0.05% |
|
1989 |
|
0.075% |
|
1990 |
|
0.1% |
|
1991 |
|
0.125% |
|
1992 |
|
0.15% |
|
1993 |
|
0.175% |
|
1994 and thereafter |
|
0.2% |
(F) No reduction shall be made under this section in the
rate
at which any tax is levied.
(G) The commissioner may order a county auditor to furnish
any information
the commissioner needs to make the
determinations
required
under division (D) or (E) of this section,
and the
auditor shall
supply the information in the form and by
the date
specified in
the order. If the auditor fails to comply
with an
order issued
under this division, except for good cause as
determined by the
commissioner, the commissioner shall withhold
from such county or
taxing district therein fifty per cent of
state revenues to local
governments pursuant to section 5747.50 of
the Revised Code or
shall direct the department of education to
withhold therefrom
fifty per cent of state revenues to school
districts pursuant to
Chapter Chapters 3306. and 3317. of the
Revised Code. The
commissioner shall
withhold the distribution of
such revenues
until the county
auditor has complied with this
division, and the
department shall
withhold the distribution of
such revenues until
the commissioner
has notified the department
that the county
auditor has complied
with this division.
(H) If the commissioner is unable to certify a tax
reduction
factor for either class of property in a taxing
district located
in more than one county by the last day of
November because
information required under division (G) of this
section is
unavailable,
the commissioner may compute and
certify an
estimated
tax reduction factor for that district for that class.
The
estimated factor shall be based upon an estimate of the
unavailable information. Upon receipt of the actual information
for a taxing district that received an estimated tax reduction
factor, the commissioner shall compute the actual tax reduction
factor and use that factor to compute the taxes that should have
been charged and payable against each parcel of property for the
year for which the estimated reduction factor was used. The
amount
by which the estimated factor resulted in an overpayment
or
underpayment in taxes on any parcel shall be added to or
subtracted from the amount due on that parcel in the ensuing tax
year.
A percentage or a tax reduction factor determined or
computed
by the commissioner under this section shall be used
solely for
the purpose of reducing the sums to be levied by the
tax to which
it applies for the year for which it was determined
or computed.
It shall not be used in making any tax computations
for any
ensuing tax year.
(I) In making the determinations under division
(D)(1) of
this section, the tax commissioner shall take
account of changes
in the taxable value of carryover property
resulting from
complaints filed under section 5715.19 of the Revised Code for
determinations made for the tax year in which such changes are
reported to the commissioner. Such changes shall be reported to
the commissioner on the first abstract of real property filed
with
the commissioner under section 5715.23 of the Revised Code
following the
date on which the complaint is finally determined by
the board of
revision or by a court or other authority with
jurisdiction on
appeal. The tax commissioner shall account for
such changes in
making the determinations only for the tax year in
which the
change in valuation is reported. Such a valuation
change
shall
not be used to recompute the percentages determined
under
division (D)(1) of this section for any prior tax year.
Sec. 319.302. (A)(1) Real property that is not intended
primarily for use in a business activity shall qualify for a
partial exemption from real property taxation. For purposes of
this partial exemption, "business activity" includes all uses of
real property, except farming; leasing property for farming;
occupying or holding property improved with single-family,
two-family, or three-family dwellings; leasing property improved
with single-family, two-family, or three-family dwellings; or
holding vacant land that the county auditor determines will be
used for farming or to develop single-family, two-family, or
three-family dwellings. For purposes of this partial exemption,
"farming" does not include land used for the commercial production
of timber that is receiving the tax benefit under section 5713.23
or 5713.31 of the Revised Code and all improvements connected with
such commercial production of timber.
(2) Each year, the county auditor shall review each parcel of
real property to determine whether it qualifies for the partial
exemption provided for by this section as of the first day of
January of the current tax year.
(B) After complying with section 319.301 of the
Revised Code,
the
county auditor shall reduce the remaining sums
to be levied
against each parcel of real property that is listed on the
general
tax list and duplicate of real and public utility
property for the
current tax year and that qualifies for partial exemption under
division (A) of this section, and against each manufactured
and
mobile home that is
taxed pursuant to division (D)(2) of section
4503.06 of the Revised Code and that is on the
manufactured home
tax list for the current tax year, by ten per
cent, to provide a
partial exemption for that parcel or home. Except as otherwise
provided in sections 323.152, 323.158, 505.06,
and 715.263 of the
Revised Code, the
amount of the taxes remaining after any such
reduction shall be the
real and public utility property taxes
charged and payable on each parcel of real property, including
property that does not qualify for partial exemption under
division (A) of this section, and the
manufactured home tax
charged and payable on
each manufactured or mobile home, and shall
be the amounts certified to the county
treasurer for collection.
Upon receipt of the real and public utility property tax
duplicate, the
treasurer shall certify to the tax commissioner the
total amount
by which the real property taxes were reduced under
this section, as shown on
the duplicate. Such reduction shall not
directly or indirectly
affect the determination of the principal
amount of notes that
may be issued in anticipation of any tax
levies or the amount of
bonds or notes for any planned
improvements. If after
application of sections 5705.31 and 5705.32
of the Revised Code
and other applicable provisions of law,
including divisions (F) and (I) of
section 321.24 of the Revised
Code, there would be insufficient
funds for payment of debt
charges on bonds or notes payable from
taxes reduced by this
section, the reduction of taxes provided
for in this section shall
be adjusted to the extent necessary to
provide funds from such
taxes.
(C) The tax commissioner may adopt rules governing the
administration of the partial exemption provided for by this
section.
(D) The determination of whether property qualifies for
partial exemption under division (A) of this section is solely for
the purpose of allowing the partial exemption under division (B)
of this section.
Sec. 319.54. (A) On all moneys collected by the county
treasurer on any tax duplicate of the county, other than estate
tax duplicates, and on all moneys received as advance payments of
personal property and classified property taxes, the county
auditor, on settlement with the treasurer and tax commissioner,
on
or before the date prescribed by law for such settlement or
any
lawful extension of such date, shall be allowed as
compensation
for the county auditor's services the following
percentages:
(1) On the first one hundred thousand dollars, two and
one-half per cent;
(2) On the next two million dollars, eight thousand three
hundred eighteen ten-thousandths of one per cent;
(3) On the next two million dollars, six thousand six
hundred
fifty-five ten-thousandths of one per cent;
(4) On all further sums, one thousand six hundred
sixty-three
ten-thousandths of one per cent.
If any settlement is not made on or before the date
prescribed by law for such settlement or any lawful extension of
such date, the aggregate compensation allowed to the auditor
shall
be reduced one per cent for each day such settlement is
delayed
after the prescribed date. No penalty shall apply if the
auditor
and treasurer grant all requests for advances up to
ninety per
cent of the settlement pursuant to section 321.34 of
the Revised
Code. The compensation allowed in accordance with
this section on
settlements made before the dates prescribed by
law, or the
reduced compensation allowed in accordance with this
section on
settlements made after the date prescribed by law or
any lawful
extension of such date, shall be apportioned ratably
by the
auditor and deducted from the shares or portions of the
revenue
payable to the state as well as to the county, townships,
municipal corporations, and school districts.
(B) For the purpose of reimbursing county auditors for the
expenses associated with the increased number of applications for
reductions in real property taxes under sections 323.152 and
4503.065 of the Revised Code that results result from the
amendment of
those sections by Am. Sub. H.B. 119 of the 127th
general assembly,
on the first day of August of each year there
shall be paid from
the state's general revenue fund to the county
treasury, to the
credit of the real estate assessment fund
created by section
325.31 of the Revised Code, an amount equal to
one per cent of the
total annual amount of property tax relief
reimbursement paid to
that county under sections 323.156 and
4503.068 of the Revised
Code for the preceding tax year.
Payments
made under this division shall be made at the same times and in
the same manner as payments made under section 323.156 of the
Revised Code.
(C) From all moneys collected by the county treasurer on
any
tax duplicate of the county, other than estate tax
duplicates, and
on all moneys received as advance payments of
personal property
and classified property taxes, there shall be
paid into the county
treasury to the credit of the real estate
assessment fund created
by section 325.31 of the Revised Code, an
amount to be determined
by the county auditor, which shall not
exceed the
percentages
prescribed in divisions (C)(1) and (2) of this
section.
(1) For payments made after June 30, 2007, and before
2011,
the following percentages:
(a) On the first five hundred thousand dollars, four per
cent;
(b) On the next five million dollars, two per cent;
(c) On the next five million dollars, one per cent;
(d) On all further sums not exceeding one hundred fifty
million dollars, three-quarters of one per cent;
(e) On amounts exceeding one hundred fifty million
dollars,
five hundred eighty-five thousandths of one
per cent.
(2) For payments made in or after 2011, the following
percentages:
(a) On the first five hundred thousand dollars, four per
cent;
(b) On the next ten million dollars, two per cent;
(c) On amounts exceeding ten million five hundred thousand
dollars, three-fourths of one per cent.
Such compensation shall be apportioned ratably by the
auditor
and deducted from the shares or portions of the revenue
payable to
the state as well as to the county, townships,
municipal
corporations, and school districts.
(D) Each county auditor shall receive four per cent of the
amount of tax collected and paid into the county treasury, on
property omitted and placed by the county auditor on the tax
duplicate.
(E) On all estate tax moneys collected by the county
treasurer, the county auditor, on settlement semiannually with
the
tax commissioner, shall be allowed, as compensation for the
auditor's
services under Chapter 5731. of the Revised Code, the
following
percentages:
(1) Four per cent on the first one hundred thousand
dollars;
(2) One-half of one per cent on all additional sums.
Such percentages shall be computed upon the amount
collected
and reported at each semiannual settlement, and shall
be for the
use of the general fund of the county.
(F) On all cigarette license moneys collected by the
county
treasurer, the county auditor, on settlement semiannually
with the
treasurer, shall be allowed as compensation for the
auditor's
services in the issuing of such licenses one-half of one
per cent
of such moneys, to be apportioned ratably and deducted
from the
shares of the revenue payable to the county and
subdivisions, for
the use of the general fund of the county.
(G) The county auditor shall charge and receive fees as
follows:
(1) For deeds of land sold for taxes to be paid by the
purchaser, five dollars;
(2) For the transfer or entry of land, lot, or part of
lot,
or the transfer or entry
on or after January 1, 2000, of a used
manufactured home or mobile
home as defined in section 5739.0210
of the Revised Code, fifty cents for each
transfer or entry, to be
paid by the person requiring it;
(3) For receiving statements of value and administering
section 319.202 of the Revised Code, one dollar, or ten cents for
each one hundred dollars or fraction of one
hundred dollars,
whichever is greater, of the value of
the real property
transferred or, for sales occurring on or after
January 1, 2000,
the value of the used manufactured home
or used mobile home, as
defined in section
5739.0210 of
the Revised Code, transferred,
except no fee shall
be charged when the
transfer is made:
(a) To or from the United States, this state, or any
instrumentality, agency, or political subdivision of the United
States or this state;
(b) Solely in order to provide or release security for a
debt
or obligation;
(c) To confirm or correct a deed previously executed and
recorded or when a current owner on the general tax list of real
and public utility property and the general duplicate of real and
public utility property is a peace officer, parole officer,
prosecuting attorney, assistant prosecuting attorney,
correctional employee, youth services employee, firefighter, or
EMT and is changing the current owner name listed on the general
tax list of real and public utility property and the
general
duplicate of real and public utility property to
the
initials of
the current owner as prescribed in division (B)(1) of section
319.28 of the Revised Code;
(d) To evidence a gift, in trust or otherwise and whether
revocable or irrevocable, between husband and wife, or parent and
child or the spouse of either;
(e) On sale for delinquent taxes or assessments;
(f) Pursuant to court order, to the extent that such
transfer
is not the result of a sale effected or completed
pursuant to such
order;
(g) Pursuant to a reorganization of corporations or
unincorporated associations or pursuant to the dissolution of a
corporation, to the extent that the corporation conveys the
property to a stockholder as a distribution in kind of the
corporation's assets in exchange for the stockholder's shares in
the dissolved corporation;
(h) By a subsidiary corporation to its parent corporation
for
no consideration, nominal consideration, or in sole
consideration
of the cancellation or surrender of the
subsidiary's stock;
(i) By lease, whether or not it extends to mineral or
mineral
rights, unless the lease is for a term of years renewable
forever;
(j) When the value of the real property or the manufactured
or mobile
home or the value of the interest that
is conveyed does
not exceed one hundred dollars;
(k) Of an occupied residential property, including a
manufactured
or mobile home, being transferred to the builder of a
new residence
or to the dealer of a new manufactured or mobile
home when the former
residence is traded as part of the
consideration for the new residence or
new manufactured or mobile
home;
(l) To a grantee other than a dealer in real property or in
manufactured
or mobile homes, solely for the purpose of, and as a
step in, the prompt
sale of the real property or manufactured or
mobile home to others;
(m) To or from a person when no money or other valuable
and
tangible consideration readily convertible into money is paid
or
to be paid for the real estate or manufactured or mobile home and
the transaction is not a
gift;
(n) Pursuant to division (B) of section 317.22 of the Revised
Code, or
section 2113.61 of the Revised Code, between spouses or
to a
surviving spouse pursuant to section 5302.17 of the Revised
Code
as it existed prior to April 4, 1985, between persons
pursuant to
section 5302.17 or 5302.18 of the Revised Code on or
after April
4, 1985, to a person who is a surviving, survivorship
tenant
pursuant to section 5302.17 of the Revised Code on or after
April
4, 1985, or pursuant to section 5309.45 of the Revised Code;
(o) To a trustee acting on behalf of minor children of the
deceased;
(p) Of an easement or right-of-way when the value of the
interest conveyed does not exceed one thousand dollars;
(q) Of property sold to a surviving spouse pursuant to
section 2106.16 of the Revised Code;
(r) To or from an organization exempt from federal income
taxation under section 501(c)(3) of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such
transfer is without consideration and is in furtherance of the
charitable or public purposes of such organization;
(s) Among the heirs at law or devisees, including a
surviving
spouse, of a common decedent, when no consideration in
money is
paid or to be paid for the real property or manufactured or mobile
home;
(t) To a trustee of a trust, when the grantor of the trust
has reserved an unlimited power to revoke the trust;
(u) To the grantor of a trust by a trustee of the trust,
when
the transfer is made to the grantor pursuant to the exercise
of
the grantor's power to revoke the trust or to withdraw trust
assets;
(v) To the beneficiaries of a trust if the fee was paid on
the transfer from the grantor of the trust to the trustee or if
the
transfer is made pursuant to trust provisions which became
irrevocable at the
death of the grantor;
(w) To a corporation for incorporation into a sports
facility
constructed pursuant to section 307.696 of the Revised
Code;
(x) Between persons pursuant to section 5302.18 of the
Revised Code;
(y) From a county land reutilization corporation organized
under Chapter 1724. of the Revised Code to a third party.
The auditor shall compute and collect the fee. The auditor
shall maintain a numbered receipt system, as prescribed by the
tax
commissioner, and use such receipt system to provide a
receipt to
each person paying a fee. The auditor shall deposit
the receipts
of the fees on conveyances in the county treasury
daily to the
credit of the general fund of the county, except
that fees charged
and received under division (G)(3) of this
section for a transfer
of real property to a county land
reutilization corporation shall
be credited to the county land
reutilization corporation fund
established under section 321.263
of the Revised Code.
The real property transfer fee provided for in division
(G)(3) of this section
shall be applicable to any conveyance of
real
property presented to the auditor on or after January 1,
1968,
regardless of its time of execution or delivery.
The transfer fee for a used manufactured home or used mobile
home shall be
computed by and paid to the county auditor of the
county in which the home is
located immediately prior to the
transfer.
Sec. 321.24. (A) On or before the fifteenth day of
February,
in each year, the county treasurer shall settle with
the
county
auditor for all taxes and assessments that the
treasurer
has
collected on the general duplicate of real and public utility
property at the time of making the settlement.
(B) On or before the thirtieth day of June, in each year,
the
treasurer shall settle with the auditor for all advance
payments
of general personal and classified property taxes that
the
treasurer has received at the time of making the
settlement.
(C) On or before the tenth day of August, in each year,
the
treasurer shall settle with the auditor for all taxes and
assessments that the treasurer has collected on the general
duplicates of
real and public utility property at the time of
making such
settlement, not included in the preceding February
settlement.
(D) On or before the thirty-first day of October, in each
year, the treasurer shall settle with the auditor for all taxes
that the treasurer has collected on the general personal and
classified
property duplicates, and for all advance payments of
general
personal and classified property taxes, not included in
the
preceding June settlement, that the treasurer has received at
the time of
making such settlement.
(E) In the event the time for the payment of taxes is
extended, pursuant to section 323.17 of the Revised Code, the
date
on or before which settlement for the taxes so extended must
be
made, as herein prescribed, shall be deemed to be extended for
a
like period of time. At each such settlement, the auditor
shall
allow to the treasurer, on the moneys received or collected
and
accounted for by the treasurer, the
treasurer's fees, at the
rate
or percentage
allowed by law, at a full settlement of the
treasurer.
(F) Within thirty days after the day of each settlement of
taxes required under divisions (A) and (C) of this section, the
treasurer shall certify to the tax commissioner any adjustments
that have been made to the amount certified previously pursuant
to
section 319.302 of the Revised Code and that the settlement
has
been completed. Upon receipt of such certification, the
commissioner shall provide for payment to the county treasurer
from the general revenue fund of an amount equal to one-half of
the amount certified by the treasurer in the preceding tax year
under section 319.302 of the Revised Code, less one-half of the
amount computed for all taxing districts in that county for the
current fiscal year under section 5703.80 of the Revised Code for
crediting to the property tax administration fund. Such payment
shall be
credited upon receipt to the county's undivided income
tax fund,
and the county auditor shall transfer to the county
general fund
from the amount thereof the total amount of all fees
and charges
which the auditor and treasurer would have been
authorized to
receive had such section not been in effect and that
amount had
been levied and collected as taxes. The county auditor
shall
distribute the amount remaining among the various taxing
districts
in the county as if it had been levied, collected, and
settled as
real property taxes. The amount distributed to each
taxing district shall be reduced by the total of the amounts
computed for the district under section 5703.80 of the Revised
Code, but the reduction shall not exceed the amount that otherwise
would be distributed to the taxing district under this division.
The tax commissioner shall make available to taxing districts such
information as is sufficient for a taxing district to be able to
determine the amount of the reduction in its distribution under
this section.
(G)(1) Within thirty days after the day of the settlement
required in division (D) of this section, the county treasurer
shall
notify the tax commissioner that the settlement has been
completed. Upon receipt of that notification, the commissioner
shall provide for payment to the county treasurer from the
general
revenue fund of an amount equal to the amount certified under
former section
319.311 of the
Revised Code and paid in the state's
fiscal year 2003 multiplied by the percentage specified in
division (G)(2) of this section. The payment
shall be credited
upon receipt to the county's undivided income
tax fund, and the
county auditor shall distribute the amount
thereof among the
various taxing districts of the county as if it
had been levied,
collected, and settled as personal property
taxes. The amount
received by a taxing district under this
division shall be
apportioned among its funds in the same
proportion as the current
year's personal property taxes are
apportioned.
(2) Payments required under division (G)(1) of this section
shall be made at the following percentages of the amount certified
under former section 319.311 of the Revised Code and paid under
division (G)(1) of this section in the state's fiscal year 2003:
(a) In fiscal year 2004, ninety per cent;
(b) In fiscal year 2005, eighty per cent;
(c) In fiscal year 2006, sixty-four per cent;
(d) In fiscal year 2007, forty per cent;
(e) In fiscal year 2008, thirty-two per cent;
(f) In fiscal year 2009, sixteen per cent.
After fiscal year 2009, no payments shall be made under
division (G)(1) of this section.
(H)(1) On or before the fifteenth day of April each
year,
the
county treasurer shall settle with the county auditor for all
manufactured home taxes that the county treasurer has
collected on
the
manufactured home tax duplicate at the time of making the
settlement.
(2) On or before the fifteenth day of September each year,
the
county treasurer shall settle with the county auditor for all
remaining manufactured home taxes that the county
treasurer has
collected on the manufactured home tax duplicate at
the time of
making the settlement.
(3) If the time for payment of such taxes is extended under
section 4503.06 of the Revised Code, the time for making the
settlement as prescribed by divisions (H)(1) and (2) of this
section is extended for a like period of time.
(I) Within thirty days after the day of each settlement of
taxes required under division (H) of this section On or before the
second Monday in September of each year, the county treasurer
shall certify to the tax commissioner any adjustments that have
been made to the amount certified previously the total amount by
which the manufactured home taxes levied in that year were reduced
pursuant to section
319.302 of the Revised Code and that the
settlement has been
completed. Upon. Within ninety days after the
receipt of such certification, the commissioner
shall provide for
payment to the county treasurer from the general
revenue fund of
an amount equal to one-half of the amount
certified by the
treasurer in the current tax year under section
319.302 of the
Revised Code. Such payment shall be credited upon
receipt to the
county's undivided income tax fund, and the county
auditor shall
transfer to the county general fund from the amount
thereof the
total amount of all fees and charges that the auditor
and
treasurer would have been authorized to receive had such
section
not been in effect and that amount had been levied and
collected
as manufactured home taxes. The county auditor shall distribute
the
amount remaining among the various taxing districts in the
county
as if it had been levied, collected, and settled as
manufactured
home taxes.
Sec. 323.156. (A) Within thirty days after a settlement of
taxes
under divisions (A), and (C), and (H) of section 321.24 of
the
Revised
Code,
the county treasurer shall certify to the tax
commissioner
one-half of the total amount of taxes on real
property
that were
reduced pursuant to section 323.152 of the
Revised Code for the
preceding tax year, and one-half of the total
amount of taxes on
manufactured and mobile homes that were reduced
pursuant to
division (B) of
section 323.152 of the Revised
Code
for the
current tax
year. The commissioner,
within thirty days of
the
receipt of such
certifications, shall provide for payment to
the
county treasurer,
from the general revenue fund, of the amount
certified, which
shall be credited upon receipt to the county's
undivided income
tax fund, and an amount equal to two per cent of
the amount by
which taxes were reduced, which shall be credited
upon receipt to
the county general fund as a payment, in addition
to the fees and
charges authorized by sections 319.54 and 321.26
of the Revised
Code, to the county auditor and treasurer for the
costs of
administering the exemption provided under sections
323.151 to
323.159 of the Revised Code.
(B) On or before the second Monday in September of each year,
the county treasurer shall certify to the tax commissioner the
total amount by which the manufactured home taxes levied in that
year were reduced pursuant to division (B) of section 323.152 of
the Revised Code, as evidenced by the certificates of reduction
and the tax duplicate certified to the county treasurer by the
county auditor. The commissioner, within ninety days after the
receipt of such certifications, shall provide for payment to the
county treasurer, from the general revenue fund, of the amount
certified, which shall be credited upon receipt to the county's
undivided income tax fund, and an amount equal to two per cent of
the amount by which taxes were reduced, which shall be credited
upon receipt to the county general fund as a payment, in addition
to the fees and charges authorized by sections 319.54 and 321.26
of the Revised Code, to the county auditor and treasurer for the
costs of administering the exemption provided under sections
323.151 to 323.159 of the Revised Code.
(C) Immediately upon receipt of funds into the county
undivided
income tax fund under this section, the auditor shall
distribute
the full amount thereof among the taxing districts in
the county
as though the total had been paid as taxes by each
person for
whom
taxes were reduced under sections 323.151 to
323.159 of the
Revised Code.
Sec. 329.042. The Each county department of job and family
services
shall certify eligible public assistance and nonpublic
assistance
households eligible under the
"Food Stamp Act of 1964,"
78 Stat.
703, 7 U.S.C.A. 2011, as amended, and for the
supplemental nutrition assistance program in accordance with
federal and state
regulations adopted pursuant to such act, law to
enable low-income
households to participate in the food stamp
supplemental nutrition assistance program and thereby
to
purchase
foods having a greater monetary value than is
possible
under
public assistance standard allowances or other
low-income
budgets.
The Each county department of job and family services shall
administer
the distribution of food stamp
supplemental nutrition
assistance program benefits under
the
supervision of
the
department of job and family services.
The
benefits
shall be
distributed by
a method approved by the
department
of job and
family services
in accordance with the "Food
Stamp and Nutrition
Act of
1964," 78 Stat. 703, 2008 (7
U.S.C.A. 2011, as amended, et
seq.) and
regulations issued thereunder.
The document referred to as the
"authorization-to-participate
card," which shows the face value
of the
benefits
an eligible
household is entitled to
receive on presentment of the
document,
shall be issued,
immediately upon certification, to a
household
determined under
division (C) of section 5101.54 of the
Revised
Code to be in
immediate need of food assistance by being
personally handed by a
member of the staff of the county
department of job and
family services to
the member of the
household in whose name application was made
for participation in
the program or the authorized
representative of such member of the
household.
Sec. 329.06. (A) Except as provided in division
(C) of this
section and section 6301.08 of the Revised Code, the board
of
county
commissioners shall
establish a county family services
planning committee.
The board shall appoint a member to represent
the county
department of job and family services; an employee in
the
classified civil service of
the county department of job and
family services, if there
are any such employees; and
a member to
represent the public. The board shall appoint other
individuals to
the committee in such a manner that the
committee's membership is
broadly representative of the groups
of individuals and the public
and private entities that have an
interest in the family services
provided in the county.
The board shall make
appointments in a
manner that reflects the ethnic and racial composition of
the
county. The following groups and entities may be represented on
the
committee:
(1) Consumers of family services;
(2) The public children services agency;
(3) The child support enforcement agency;
(4) The county family and children first council;
(5) Public and private colleges and universities;
(6) Public entities that provide family services,
including
boards of health, boards of education, the county
board of mental
retardation and developmental disabilities, and
the board of
alcohol, drug addiction, and mental health services
that serves
the county;
(7) Private nonprofit and for-profit entities that
provide
family services in the county or that advocate
for
consumers of
family services in the county, including
entities that provide
services to or advocate for victims of domestic violence;
(9) Any other group or entity that has an interest in the
family services provided in the county, including groups
or
entities that represent any of the county's business, urban, and
rural sectors.
(B) The county family
services planning committee shall do
all of the
following:
(1) Serve as an advisory body to the board of county
commissioners with regard to the family services provided
in the
county, including assistance under
Chapters 5107. and 5108. of the
Revised
Code, publicly funded child
care under Chapter 5104. of
the Revised
Code, and social services
provided under section
5101.46 of the
Revised
Code;
(2) At least once a year, review and analyze the county
department
of job and family services' implementation of the
programs
established under
Chapters 5107. and 5108. of the Revised
Code. In
its
review, the committee shall use information available
to it to examine
all of the following:
(a) Return of assistance groups to participation in
either
program after ceasing to participate;
(b) Teen pregnancy rates among the programs' participants;
(c) The other types of assistance the programs' participants
receive, including medical assistance medicaid under Chapter 5111.
of the
Revised Code, publicly funded
child care under Chapter
5104. of the Revised
Code, food stamp
supplemental nutrition
assistance program benefits under section 5101.54 of the Revised
Code, and
energy
assistance under Chapter 5117. of the Revised
Code;
(d) Other issues the committee considers appropriate.
The committee shall make recommendations to the board of
county
commissioners and county department of job and family
services regarding the
committee's findings.
(3) Conduct public hearings
on proposed county profiles for
the provision of social services
under section 5101.46 of the
Revised
Code;
(4) At the request of the board, make recommendations and
provide assistance regarding the family services provided
in the
county;
(5) At any other time the committee considers
appropriate,
consult with the board and make recommendations
regarding the
family services provided in the county.
The
committee's
recommendations may address the following:
(a) Implementation and administration
of family service
programs;
(b) Use of federal, state, and local
funds available for
family service programs;
(c) Establishment of goals to be
achieved by family service
programs;
(d) Evaluation of the outcomes of
family service programs;
(e) Any other matter the board
considers relevant to the
provision of family services.
(C) If there is a
committee in existence in a county on
October 1, 1997,
that the board of
county commissioners determines
is
capable of fulfilling the responsibilities of a county
family
services planning committee, the board may designate the
committee
as the county's family services planning
committee and
the
committee shall serve in that capacity.
Sec. 340.033. (A) The board of alcohol, drug addiction,
and
mental health services shall serve as the planning agency for
alcohol and drug addiction services for the county or counties in
its service district. In accordance with procedures and
guidelines
established by the department of alcohol and drug
addiction
services, the board shall do all of the following:
(1) Assess alcohol and drug addiction service needs and
evaluate the need for alcohol and drug addiction programs;
(2) According to the needs determined under division
(A)(1)
of this section, set priorities and develop plans for the
operation of alcohol and drug addiction programs in cooperation
with other local and regional planning and funding bodies and
with
relevant ethnic organizations;
(3) Submit the plan for alcohol and drug addiction
services
required by section 3793.05 of the Revised Code to the
department
and implement the plan as approved by the department;
(4) Provide to the department information to be included
in
the information system or systems established by the department
under
section 3793.04 of the Revised Code;
(5) Enter into contracts with alcohol and drug addiction
programs for the provision of alcohol and drug addiction
services;
(6) Review and evaluate alcohol and drug addiction
programs
in the district, and conduct program audits;
(7) Prepare and submit to the department an annual report
of
the alcohol and drug addiction programs in the district;
(8) Receive, compile, and transmit to the department
applications for funding;
(9) Promote, arrange, and implement working agreements
with
public and private social agencies and with judicial
agencies;
(10) Investigate, or request another agency to
investigate,
any complaint alleging abuse or neglect of any
person receiving
services from an alcohol or drug addiction
program;
(11) Establish a mechanism for the involvement of persons
receiving services in, and obtaining their advice on, matters
pertaining to alcohol or drug addiction services;
(12) Recruit and promote local financial support, from
private and public sources, for alcohol and drug addiction
programs;
(13) Approve fee schedules and related charges, adopt a
unit
cost schedule, or adopt other methods of payment for
services
provided by programs under contract pursuant to division
(A)(5) of
this section, in accordance with guidelines established
by the
department under section 3793.04 of the Revised Code.
(B) In accordance with rules adopted by the auditor of
state
pursuant to section 117.20 of the Revised Code, at least
annually
the board shall audit all alcohol and drug addiction
programs
provided under contract with the board. The board may
contract
with private auditors for the performance of these
audits. A copy
of the fiscal audit report shall be provided to
the director of
alcohol and drug addiction services, the auditor
of state, and the
county auditor of each county in the board's
district.
(C) In contracting with a program under division (A)(5) of
this section, a board shall consider the cost effectiveness of
services provided by the program and the program's quality and
continuity of care. The board may review cost elements,
including
salary costs, of the services provided by the program.
A utilization review process shall be established as part
of
the contract for services. The board may establish this
process in
any way that it considers to be the most effective and
efficient
in meeting local needs.
(D) If either the board or a program with which it
contracts
pursuant to division (A)(5) of this section proposes
not to renew
the contract or proposes substantial changes in
contract terms on
renewal of the contract, it shall give the
other party to the
contract written notice at least one hundred
twenty days before
the expiration date of the contract. During
the first sixty days
of this period, both parties shall attempt
to resolve any dispute
through good faith collaboration and
negotiation in order that
services to persons in need will be
continued. If the dispute is
not resolved during this time,
either party may notify the
department of alcohol and drug
addiction services. The department
may require both parties to
submit the dispute to a mutually
agreed upon third party with the
cost to be shared by the board
and the program. At least twenty
days before the expiration of the
contract, unless the board and
the program agree to an extension,
the third party shall issue to
the board, program, and department,
its recommendations for
resolution of the dispute.
The department shall adopt rules pursuant to Chapter 119.
of
the Revised Code establishing procedures for this dispute
resolution process.
(E) Section 307.86 of the Revised Code does not apply to
contracts entered into pursuant to division (A)(5) of this
section.
(F)(1) With the prior approval of the department, a board
of
alcohol, drug addiction, and mental health services may
operate an
alcohol or drug addiction program as follows if there
is no
qualified program that is immediately available, willing to
provide services, and able to obtain
certification under Chapter
3793. of the Revised Code:
(a) In an emergency situation, any board may operate a
program in order to provide essential services for the duration
of
the emergency;
(b) In a service district with a population of at least
one
hundred thousand but less than five hundred thousand, a board
may
operate a program for no longer than one year;
(c) In a service district with a population of less than
one
hundred thousand, a board may operate a program for no longer
than
one year, except that such a board may operate a program for
longer than one year with the prior approval of the department
and
the prior approval of the board of county commissioners, or
of a
majority of the boards of county commissioners if the
district is
a joint-county district.
(2) The department shall not give a board its approval to
operate a program under division (F)(1)(c) of this section unless
it determines that the board's program will provide greater
administrative efficiency and more or better services than would
be available if the board contracted with a program for provision
of the services.
(3) The department shall not give a board its approval to
operate a program previously operated by a public or private
entity unless the board has established to the department's
satisfaction that the entity cannot effectively operate the
program, or that the entity has requested the board to take over
operation of the program.
(4) The department shall review and evaluate the operation
of
each program operated by a board under this division.
(5) Nothing in this division authorizes a board to
administer
or direct the daily operation of any program other
than a program
operated by the board under this division, but a
program may
contract with a board to receive administrative
services or staff
direction from the board under the direction of
the governing body
of the program.
(G) If an investigation conducted pursuant to division
(A)(10) of this section substantiates a charge of abuse or
neglect, the board shall take whatever action it determines is
necessary to correct the situation, including notification of the
appropriate authorities. On request, the board shall provide
information about such investigations to the department.
(H) When the board sets priorities
and develops plans for the
operation of alcohol and drug
addiction programs under division
(A)(2) of this section, the
board shall consult with the county
commissioners of the counties in the
board's service district
regarding the services described in section
340.15 of the Revised
Code and shall give a priority to those services, except that
those
services
shall not have priority over services
provided to
pregnant women under programs developed in relation
to the mandate
established in section 3793.15 of the
Revised
Code. The plans
shall identify funds the board and public children
services
agencies in the board's service district have available to fund
jointly the services described in section 340.15 of the Revised
Code.
Sec. 718.04. (A) No municipal corporation other than the
city municipal corporation of residence shall
levy a tax on the
income of any member or employee of the Ohio general
assembly
including the lieutenant governor which income is received as a
result of services rendered as such member or employee and is paid
from
appropriated funds of this state.
(B) No municipal corporation other than the municipal
corporation of residence and the city of Columbus
shall levy a
tax on the income of the chief justice or a justice
of the
supreme court received as a result of services rendered as
the
chief justice or justice. No municipal corporation other than
the
municipal corporation of residence shall levy a tax on the
income
of a judge sitting by assignment of the chief justice or on
the
income of a district court of appeals judge sitting in
multiple
locations within the district, received as a result of
services
rendered as a judge.
Sec. 901.041. There is hereby created in the state treasury
the sustainable agriculture program fund. The fund shall consist
of money credited to it, including, without limitation, federal
money. The director of agriculture shall use money in the fund to
support programs and activities that advance sustainable
agriculture, including administrative costs incurred by the
department of agriculture in administering the programs and
activities.
Sec. 901.20. (A) The director of agriculture may do either
or both of the
following:
(1) Reserve exhibition space for exhibitors to exhibit their
goods in trade
shows held in this country or in any other country.
The director may charge
and collect fees from any exhibitor who
uses space reserved by the director
under division (A)(1) of this
section.
(2) Conduct or cause to be conducted seminars or other
educational programs
for the benefit of farmers and other
producers in this state who are
interested in exporting their
goods overseas. The director may charge and
collect fees from any
person who attends a seminar or other educational
program
conducted under division (A)(2) of this
section.
(B) There is hereby created in the state treasury the Ohio
proud, international, and domestic market development
fund. Fees
collected under division (A) of this section shall be deposited
into the fund. The fund shall be used solely to carry out the
purposes of
that division.
Sec. 901.43. (A) The director of agriculture may authorize
any
department of
agriculture laboratory to perform a laboratory
service for any
person, organization, political subdivision, state
agency, federal
agency, or other entity, whether public or
private. The director shall adopt and
enforce rules to provide
for
the rendering of a laboratory service.
(B) The director may charge a reasonable fee for the
performance
of a laboratory service, except when the service is
performed on an official
sample taken by the
director acting
pursuant to Title IX, Chapter 3715., or Chapter
3717. of the
Revised Code; by a board of health acting as the
licensor of
retail food establishments or food service operations
under
Chapter 3717. of the Revised Code; or by the director of
health
acting as the licensor of food service operations under
Chapter
3717. of the Revised Code. The director of
agriculture shall
adopt
rules specifying what constitutes an official
sample.
The director shall publish a list
of laboratory services
offered, together with the fee for
each service.
(C) The director may enter into a contract with any person,
organization,
political subdivision, state agency, federal agency,
or other
entity for the provision of a
laboratory service.
(D)(1) The director may adopt rules
establishing standards
for accreditation of laboratories and
laboratory services and in
doing so may adopt by reference
existing or recognized standards
or practices.
(2) The director may inspect and
accredit laboratories and
laboratory services, and may charge a
reasonable fee for the
inspections and accreditation.
(E)(1) There is hereby created in the state treasury the
animal health and food safety consumer analytical laboratory fund.
Moneys from the following sources shall be deposited into the
state treasury to the credit of the fund: all moneys collected by
the director under
this
section that are from fees generated by a
laboratory
service
performed by the department and related to the
diseases of
animals, all moneys so collected that are from fees
generated
for the inspection and accreditation of laboratories and
laboratory services
related to the diseases of animals, all moneys
collected
by the director under this section
that are from fees
generated by a
laboratory service performed by
the consumer
analytical laboratory, and all
moneys so collected
that are from
fees generated for the inspection and
accreditation
of
laboratories and laboratory services not related to weights
and
measures, and all moneys collected under Chapters 942., 943., and
953. of the Revised Code. The director may use the moneys
held in
the fund to pay the
expenses necessary to operate the animal
industry laboratory and the
consumer analytical laboratory,
including the purchase of supplies and
equipment.
(2) All moneys collected by the director under this
section
that are from fees generated by a laboratory service
performed by
the weights and measures laboratory, and all moneys so collected
that are from fees generated for the inspection and accreditation
of
laboratories and laboratory services related to weights and
measures, shall be
deposited in the state treasury to the credit
of the weights and measures
laboratory fund, which is hereby
created
in the state treasury.
The moneys held in the
fund may be
used to pay the expenses
necessary to operate the
division of
weights and measures,
including the purchase of
supplies and
equipment.
Sec. 901.91. The director of agriculture may
assess the
operating funds of the department of agriculture to pay a share of
the department's central support and administrative costs. The
assessments shall be
based on a plan that the director develops
and submits to the
director of budget and management not later
than the fifteenth day
of July of the fiscal year in
which the
assessments are to be made. If the director of budget
and
management approves the plan, assessments
shall be paid
from the
funds designated in the plan and credited
by means of
intrastate
transfer voucher to the department of
agriculture
central
support indirect costs fund, which is
hereby
created in
the
state treasury. The fund shall be
administered by
the director
of agriculture and used to pay central support and
administrative
costs of the department of agriculture.
Sec. 905.32. (A) No person shall manufacture or distribute
in this state any
type of fertilizer until a license to
manufacture or distribute has been obtained by the manufacturer or
distributor
from the department of agriculture upon payment of a
five dollar
fee:
(1) For each fixed (permanent) location at which fertilizer
is manufactured
in this state;
(2) For each mobile unit used to manufacture fertilizer in
this state;
(3) For each location out of the state from which fertilizer
is distributed
in this state to nonlicensees.
All licenses shall be valid for one year beginning on the
first day of December of a calendar year through the thirtieth day
of November of the following calendar year.
A renewal application
for a license shall be submitted no later than the thirtieth day
of
November
each year. A person who submits a renewal application
for a license after the
thirtieth day of November shall include
with the application a late
filing
fee of ten dollars.
(B) An application for license shall include:
(1) The name and address of the licensee;
(2) The name and address of each bulk distribution point in
the state, not
licensed for fertilizer manufacture and
distribution.
The name and address shown on the license shall be shown on
all labels,
pertinent invoices, and bulk storage for fertilizers
distributed by the
licensee in this state.
(C) The licensee shall inform the director of agriculture in
writing of
additional
distribution points established during the
period of the license.
(D) All money collected under this section shall be credited
to the pesticide, fertilizer, and lime program fund created in
section 921.22 of the Revised Code.
Sec. 905.33. (A) Except as provided in division (C) of
this
section, no person shall distribute in this state a specialty
fertilizer until it is registered by the manufacturer or
distributor with the
department of agriculture. An application, in
duplicate, for each brand and
product name of each grade of
specialty fertilizer shall be made on a form
furnished by the
director of agriculture and shall be
accompanied with a fee of
fifty dollars for each brand and product name of
each grade.
Labels for each brand and product name of each grade shall
accompany the application. Upon the approval of an application by
the
director, a copy of the registration shall be furnished the
applicant. All
registrations shall be valid for one year beginning
on the first day of December of a calendar year through the
thirtieth day of November of the following calendar year.
(B) An application for registration shall include the
following:
(1) Name and address of the manufacturer or distributor;
(2) The brand and product name;
(4) The guaranteed analysis;
(5) The package sizes for persons that package fertilizers
only in containers
of ten pounds or less.
(C)(1) No person who engages in the business of applying
custom
mixed fertilizer to lawns, golf courses, recreation areas,
or other
real property that is not used for agricultural
production shall be required
to register the custom mixed
fertilizer as a specialty fertilizer in
accordance with division
(A) of this section if the
fertilizer ingredients of the custom
mixed fertilizer are registered as
specialty fertilizers and the
inspection fee described in division
(A) of section 905.36 of the
Revised Code
is paid.
(2) No person who engages in the business of blending custom
mixed
fertilizer for use on lawns, golf courses, recreation areas,
or other real
property that is not used for
agricultural
production shall be required to register the custom mixed
fertilizer as a specialty fertilizer in accordance with division
(A)
of this section if the facility holds a nonagricultural
production custom
mixed fertilizer blender license issued under
section 905.331 of the
Revised Code.
(D) A person who engages in the business of applying or
blending
custom mixed fertilizer as described in division
(C) of
this section shall maintain an original
or a copy of an invoice or
document of sale for all fertilizer the person
applies or
distributes for one year following the date of the application or
distribution, and, upon the director's request, shall furnish the
director
with the invoice or document of sale for the director's
review.
(E) All money collected under this section shall be credited
to the pesticide, fertilizer, and lime program fund created in
section 921.22 of the Revised Code.
Sec. 905.331. No person who engages in the business of
blending a custom
mixed fertilizer for use
on lawns, golf courses,
recreation areas, or other real property that is not
used for
agricultural production shall fail to register a specialty
fertilizer
in accordance with division (A) of section 905.33 of
the
Revised Code
unless the person has obtained an annual
nonagricultural production custom mixed
fertilizer blender license
from the director of agriculture.
A license issued under this section shall be valid from the
first day of December of a calendar year through the thirtieth day
of November of the following calendar year. A renewal application
for a nonagricultural production custom mixed
fertilizer blender
license shall be submitted to the director no later than the
thirtieth day
of November each year and shall include the name and
address of the
applicant and of the premises where the blending
occurs and a
one-hundred-dollar fee. A person who submits a
renewal application for a
license after the thirtieth day of
November shall include with the application a late filing fee of
ten
dollars. All nonagricultural production custom mixed
fertilizer blender
licenses expire on the thirtieth day of
November each year.
A person holding a nonagricultural production custom mixed
fertilizer
blender license shall pay the inspection fees described
in division
(A) of section 905.36 of the Revised Code for each
product being blended.
All money collected under this section shall be credited to
the pesticide, fertilizer, and lime program fund created in
section 921.22 of the Revised Code.
Sec. 905.36. (A) A licensee or registrant, except
registrants who package specialty fertilizers only in containers
of ten pounds or less, shall pay the director of agriculture for
all fertilizers distributed in this state an inspection fee at
the
rate of twenty-five cents per ton
or twenty-eight cents per metric
ton. Licensees and registrants shall specify
on an invoice
whether
the per ton inspection fee has been paid or whether payment of the
fee
is the responsibility of the purchaser of the fertilizer.
The
payment of this inspection
fee by a licensee or registrant shall
exempt all other persons
from the payment of this fee.
(B) Every licensee or registrant
shall file with the director
an annual tonnage report that includes the number of net
tons or
metric tons of fertilizer distributed to nonlicensees or
nonregistrants
in this state by grade; packaged; bulk, dry or
liquid. The report shall be filed on or before the thirtieth day
of November of
each calendar year and shall include data from the
period beginning on the first day of November of the year
preceding the year in which the report is due through the
thirty-first day of October of the year in which the report is
due. The licensee or registrant, except registrants who
package
specialty fertilizers only in containers of ten pounds or less,
shall
include with this statement the inspection fee at the rate
stated in
division (A) of this section. For
a tonnage report that
is not filed or payment of inspection fees
that is not made on or
before the thirtieth day of November of the applicable calendar
year, a penalty of
fifty dollars or ten
per cent of the amount
due,
whichever is greater, shall be assessed against the licensee
or
registrant. The amount
of fees due, plus penalty, shall
constitute a debt and become the
basis of a judgment against the
licensee or registrant.
For tonnage reports found to be
incorrect, a penalty of fifteen per cent
of the amount due shall
be assessed against the licensee or registrant and
shall
constitute a debt and become the basis of a judgment against the
licensee or registrant.
(C) No information furnished under this section shall be
disclosed by any employee of the department of agriculture in
such
a way as to divulge the operation of any person required to
make
such a report. The filing by a licensee or registrant of a
sales
volume tonnage statement required by division (B) of this
section
thereby grants permission to the director to verify
the same with
the records of the licensee or registrant.
(D) All money collected under this section shall be credited
to the pesticide, fertilizer, and lime program fund created in
section 921.22 of the Revised Code.
Sec. 905.50. If the director of agriculture has taken an
official sample of a fertilizer or mixed fertilizer and determined
that it
constitutes mislabeled fertilizer pursuant to rules
adopted under section
905.40 of the Revised Code, the person who
labeled the fertilizer or
mixed fertilizer shall pay a penalty to
the consumer of the mislabeled
fertilizer or, if the consumer
cannot be determined with reasonable diligence
or is not
available, to the director for deposit into to be credited to the
commercial feed pesticide,
fertilizer, seed, and lime inspection
and laboratory program fund created under section
905.38 921.22 of
the Revised Code. The amount of the penalty shall be calculated in
accordance with
either division (A) or (B) of this section,
whichever method
of calculation yields the largest amount.
(A)(1) A penalty required to be paid
under this section may
be calculated as follows:
(a) Five dollars for each percentage point of
total nitrogen
or phosphorus in the fertilizer that is below the percentage of
nitrogen or phosphorus guaranteed on the label, multiplied by the
number of
tons of mislabeled fertilizer that have been sold to the
consumer;
(b) Three dollars for each percentage point of
potash in the
fertilizer that is below the percentage of potash guaranteed on
the label, multiplied by the number of tons of mislabeled
fertilizer that have
been sold to the consumer.
(2) In the case of a fertilizer that contains a quantity of
nitrogen,
phosphorus, or potash that is more than five percentage
points below the
percentages guaranteed on the label, the
penalties calculated under division
(A)(1) of this section shall
be tripled.
(3) No penalty calculated under division (A) of this section
shall be less than twenty-five dollars.
(B) A penalty required to be paid under
this section may be
calculated by multiplying the market value of one unit of
the
mislabeled fertilizer by the number of units of the mislabeled
fertilizer
that have been sold to the consumer.
(C) Upon making a
determination under this section that a
person has mislabeled
fertilizer or mixed fertilizer, the director
shall determine the
parties to whom the penalty imposed by this
section is required
to be paid and, in accordance with division
(A) or
(B) of this section, as
applicable, shall calculate the
amount of the penalty required
to be paid to each such party.
After completing those
determinations and calculations, the
director shall issue to the
person who allegedly mislabeled the
fertilizer or mixed
fertilizer a notice of violation. The notice
shall be
accompanied by an order requiring, and specifying the
manner of,
payment of the penalty imposed by this section to the
parties in
the amounts set forth in the determinations and
calculations
required by this division. The order shall be issued
in
accordance with Chapter 119. of
the Revised
Code.
No person shall violate a term or condition of an order
issued under this division.
Sec. 905.51. As used in sections 905.51 to 905.66 905.65 of
the
Revised Code:
(A) "Liming material" means all materials, the calcium and
magnesium content of which is used to
neutralize soil acidity, and
includes the oxide, hydrate, carbonate, and
silicate forms, as
defined by rule, or combinations of those
forms. "Liming material"
includes materials such as the following:
(4) Industrial by-product;
(B) "Bulk" means in a nonpackaged form.
(C) "Label" means any written or printed matter on the
package, or tag
attached thereto.
(D) "Manufacture" means to process, crush, grind, pelletize,
or blend.
(E) "Person" means any partnership, association, firm,
or
corporation, company, society, individual or combination of
individuals, institution, park, or public agency administered by
the state or
any subdivision of the state.
(F) "Product name" means a coined or specific designation
applied to an
individual liming material.
(G) "Sale" means an exchange or offer to exchange ownership,
or a transfer or
offer to transfer custody.
(H) "Ton" means a net weight of two thousand pounds.
(I) "Metric ton" means a measure of
weight equal to one
thousand kilograms.
(J) "Pelletized lime" means a finely
ground limestone product
or manufactured material that is held together in a
granulated
form by a water soluble binding agent and that is capable of
neutralizing soil acidity.
(K) "Water treatment lime sludge"
means lime sludge generated
during the process of treating water supplies
having levels of
heavy metals at or below the levels permitted in standards
adopted
by the director of environmental protection governing the land
application of lime sludge so generated.
(L) "Distribute" means to offer for
sale, sell, barter, or
otherwise supply liming material in this state.
(M) "Official sample" means any sample of liming material
taken
and designated as "official" by the director of agriculture
or the director's
designee.
(N) "Effective neutralizing power"
means the neutralizing
value of liming material based on the total
neutralizing
power and
fineness that is expressed as a dry weight percentage.
(O) "Fineness index" means the
percentage by weight of a
liming material that will pass designated sieves,
calculated to
account for particle size distribution by adding the amounts
arrived at under divisions (O)(1), (2), and
(3) of this section as
follows:
(1) Two-tenths multiplied by the percentage of material
passing
a number eight United
States standard sieve minus the
percentage of
material passing a number twenty
United States
standard sieve.
(2) Six-tenths multiplied by the percentage of material
passing
a number twenty United
States standard sieve minus the
percentage of
material passing a number sixty United
States
standard sieve.
(3) One multiplied by the percentage of material passing a
number sixty United States standard sieve.
Sec. 905.52. (A) Except as provided in section 905.53 of the
Revised Code,
no person shall manufacture, sell, or distribute in
this state
liming material without a license to do so issued by
the
department of agriculture.
(B) Each such license expires on the thirty-first day of
December of each year and shall be renewed according to the
standard renewal procedure of sections 4745.01 to 4745.03 of the
Revised Code.
(C) Each application for issuance or renewal of such
a
license shall:
(1) Include the name and address of the applicant and the
name and address of each bulk distribution point from which the
applicant's liming material will be distributed in
this state;
(2) Be accompanied by a license fee of fifty dollars:
(a) For each location at which liming
material is
manufactured in this state;
(b) For each location out of the state from which
liming
material is distributed or sold in this state
to nonlicensees.
(3) Be accompanied by a label for each product name and
grade.
(D) The name and address of the applicant shown on the
application shall be shown on all labels, pertinent invoices, and
bulk storage for liming material distributed or sold
by the
licensee in this state.
(E) The licensee shall inform the department in writing of
additional distribution points established during the period of
the license.
(F) All money collected under this section shall be credited
to the pesticide, fertilizer, and lime program fund created in
section 921.22 of the Revised Code.
Sec. 905.56. (A) Each licensee shall file with the
department of agriculture an annual tonnage report that includes
the number of net tons of liming material sold or
distributed to a
non-licensee in this state, by county, by oxide
and hydrate forms,
and by grade as defined in section 905.54 of
the Revised Code,
within forty days after the thirty-first day of
December of each
calendar year. The inspection fee at the rate
stated in division
(B) of this section shall accompany this
report.
(B) Each licensee who sells or distributes more than
twenty-five hundred tons of agricultural liming material in this
state shall pay to the department an inspection fee. The
inspection fee is one fourth of one cent for each ton in excess
of
twenty-five hundred tons, as reported in the tonnage report
required by division (A) of this section. The maximum inspection
fee is three hundred dollars.
(C) If a tonnage report is not filed, or if the inspection
fee is not paid within ten days after the due date, a penalty of
ten per cent of the amount due, with a minimum penalty of ten
dollars, shall be assessed against the licensee. The amount of
fee
due, plus penalty, shall constitute a debt and shall become
the
basis of a judgment against the licensee. Such remedy is in
addition to the remedy provided in section 905.62 of the Revised
Code.
(D) The director of agriculture may inspect the
inventories,
books, and records of any licensee in order to
verify a tonnage
report. If the director finds that a tonnage
report is erroneous,
the director may adjust the inspection fee, may
assess
any balance
due against the licensee, and may impose a penalty
not to exceed
ten per cent of the balance due, or may refund any
overpayment.
(E) All money collected under this section shall be credited
to the pesticide, fertilizer, and lime program fund created in
section 921.22 of the Revised Code.
Sec. 907.13. No person shall label agricultural,
vegetable,
or flower seed that is intended for sale in this state unless the
person holds a valid seed labeler permit that has been issued by
the director of agriculture in accordance with this section.
A person who wishes to obtain a seed labeler permit shall
file an application with the director on a form that the director
provides and shall submit a permit fee in the amount of ten
dollars. Such a person who labels seed under more than one name or
at more than one address shall obtain a separate seed labeler
permit and pay a separate permit fee for each name and address.
The applicant shall include the applicant's full name and
address on the application together with any additional
information that the director requires by rules adopted under
section 907.10 of the Revised Code. If the applicant's address is
not within this state or it does not represent a location in this
state where the director can collect samples of the applicant's
seed for analysis, then the applicant shall include on the
application an address within this state where samples of the
applicant's seed may be collected for those purposes or shall
agree to provide the director or the director's authorized
representative with seeds for sampling upon request.
Upon receipt of a complete application accompanied by the
ten-dollar permit fee, the director shall issue a seed labeler's
permit to the applicant.
All seed labeler permits that are issued
under
this section shall expire on the thirty-first day of
December of each
year regardless of the date on which a permit was
issued during that year.
Each person who obtains a seed labeler permit shall label the
seed that the person intends for sale in this state in accordance
with the requirements established in sections 907.01 to 907.17 of
the Revised Code. Each person who holds a valid seed labeler
permit shall keep the permit posted in a conspicuous place in the
principal seed room from which the person sells seed and shall
comply with the reporting and fee requirements that are
established in section 907.14 of the Revised Code.
All money collected under this section shall be credited to
the commercial feed and seed fund created in section 923.46 of the
Revised Code.
Sec. 907.14. (A) A person who holds a valid seed labeler
permit issued under section 907.13 of the Revised Code shall
report to the director of agriculture concerning the amount of
seed that the person sells in this state. The report shall be made
semiannually on a form that the director prescribes and provides.
One semiannual report shall be filed with the director prior to
the first day of February of each year with respect to all sales
that the person made during the period from the first day of July
to the thirty-first day of December of the preceding year. The
second semiannual report shall be filed prior to the first day of
August of each year with respect to all sales that the person made
during the period from the first day of January to the thirtieth
day of June of that year.
(B) A person who holds a valid seed labeler permit shall
include with each semiannual report a seed fee based on the amount
of the seed that the person sold during that reporting period as
follows:
(1) For soybeans and small grains, including barley, oats,
rye, wheat, triticale, and spelt, four cents per one hundred
pounds;
(2) For corn and grain sorghum, five cents per one hundred
pounds;
(3)(a) For any of the following seed sold at wholesale or
retail or on consignment or commission, two per cent of the
wholesale value of the containers of seed or, if the seed is not
sold wholesale, two per cent of the retail value of the containers
of seed:
(i) Vegetable and flower seed sold in containers, other than
hermetically sealed containers, of eight ounces or less;
(ii) Flower seed sold in hermetically sealed containers that
contain fewer than three hundred seeds;
(iii) Vegetable seed sold in hermetically sealed containers
that contain fewer than one thousand seeds.
(b) The fees established pursuant to divisions (B)(3)(a)(ii)
and (iii) of this section apply to both of the following:
(i) Seed sold in hermetically sealed containers that contain
the amount of seeds specified in division (B)(3)(a)(ii) or (iii)
of this section, as applicable;
(ii) Seed sold in hermetically sealed containers that do not
clearly state the number of seeds that they contain.
(c) Except as otherwise provided in division (B)(3)(b)(ii) of
this section, if the weight of seed in a container, or the
quantity of seed in a container, exceeds the applicable weight or
quantity specified in division (B)(3)(a)(i), (ii), or (iii) of
this section, the fee established in division (B)(4) of this
section applies.
(4) For alfalfa, clover, grass, native grass, mixtures
containing any of these, and all agricultural, vegetable, and
flower seeds not specified in divisions (B)(1) to (3) of this
section, ten cents per one hundred pounds.
If the total amount of the seed fee that is due is less than
five dollars, the person shall pay the minimum seed fee, which is
five dollars.
(C) For each failure to report in full the amount of seed
sold or to submit the required seed fees in full by the due date,
a person who holds a valid seed labeler permit shall pay a penalty
of ten per cent of the amount due or fifty dollars, whichever is
greater. Failure to pay either the fee or the penalty within
thirty days after the due date is cause for suspension or
revocation by the director of the seed labeler permit or refusal,
without a hearing, to issue a subsequent seed labeler permit for
which the person applies.
(D) This section does not apply to governmental entities that
donate seed for conservation purposes.
(E) All money collected under this section shall be credited
to the commercial feed and seed fund created in section 923.46 of
the Revised Code.
Sec. 907.30. (A) No person shall apply legume inoculants
to
seed for sale in Ohio, this state for others or to a customer's
order
unless he shall have the person has obtained from the
director of
agriculture a
legume inoculator's license for each
such place of business where
seed is inoculated. Application for
such a license shall be made on
a form obtainable from the
director and shall be accompanied by a
fee of five dollars. Said
The application shall include the name of
the brand, or brands of
legume inoculant to be used together with
the name of the
manufacturer, and the name of the process or
technique used to
apply the inoculant to the seed. All such
licenses shall expire
each year on the thirty-first day of
January and shall be renewed
according to the standard renewal
procedure of sections 4745.01 to
4745.03, inclusive, of the
Revised Code.
(B) The legume inoculator shall keep for a period of
eighteen
months, records which that shall include complete data
concerning
the source and lot number of the inoculant material
used, the rate
and date of application, and the lot identity by
owner and lot
number, if any, of the seed to which the material
was applied.
(C) All money collected under this section shall be credited
to the commercial feed and seed fund created in section 923.46 of
the Revised Code.
Sec. 907.31. Any person who submits an application for the
registration of a
brand of legume inoculant shall pay annually,
prior to the first day of
January, a registration and inspection
fee in the amount of fifty dollars per brand.
The registration shall be renewed according to the standard
renewal procedure
established in Chapter 4745. of the Revised
Code.
All money collected under this section shall be credited to
the commercial feed and seed fund created in section 923.46 of the
Revised Code.
Sec. 918.08. (A) Except as provided in division
(F) of
this
section, no
person shall operate an establishment
without
first
licensing the establishment with the department
of
agriculture.
The owner of an establishment desiring
a license with
the
department may make
application therefor on forms provided by
the
department. If
after inspection the director of agriculture
finds
that an
establishment is in compliance with this chapter and rules
adopted under it,
the
director shall notify the owner of the
establishment and, upon
receipt of the required license fee, the
establishment
shall be
permitted to operate. However, if after
inspection the director finds that an establishment is not in
compliance with this chapter and rules adopted under it, the
director shall deny the license application. The applicant may
appeal the denial of the license application in accordance with
Chapter 119. of the Revised Code. The license shall expire
annually on the
thirty-first day of March and, if the director
finds that the establishment is in compliance with this chapter
and rules adopted under it, shall be renewed
according to the
standard renewal procedure of sections 4745.01
to 4745.03 of the
Revised Code.
(B) The annual license fee for each establishment, or
a
renewal thereof, is fifty one hundred dollars. All fees collected
under this
section
shall be deposited into the poultry and meat
products fund
created in section
918.15 of the Revised Code.
(C) If after inspection the director determines that an
establishment
licensed under division (A) of this section is
operating in
violation of this chapter or the rules adopted
thereunder, the
director shall notify the licensee in
writing of
the violation and
give the licensee ten days from
the date of
notice to cease or
correct the conditions causing the violation.
If
the conditions causing the violation continue after the
expiration of the ten-day
period, the director may do either of
the following:
(1) Impose progressive enforcement actions as provided in
division (D)(1) of this section in the same manner as inspectors;
(2) Suspend or revoke the establishment's license in
accordance with Chapter 119. of the Revised Code.
(D)(1) If an inspector determines that an establishment
licensed under
division (A) of this section is operating in
violation of sections
918.01 to 918.12 of the Revised Code and
rules adopted under those sections, the inspector
may notify the
licensee in writing of the violation. The inspector
immediately
may impose progressive enforcement actions, including withholding
the mark of inspection, suspension of inspection, suspension
of
inspection
held in abeyance, and withdrawal of inspection. The
progressive enforcement
actions may be taken prior to
affording
the licensee an
opportunity for a hearing. As authorized in
division (C) of
section 119.06 of the Revised Code, a decision to
impose a progressive
enforcement action is immediately appealable
to a higher authority
within the
department who is classified by
the director as a
district supervisor and who
is designated by the
director to hear
the appeal. If the district supervisor
affirms
the enforcement
action of the inspector, the licensee may appeal
the
enforcement
action in accordance with
Chapter 119. of the
Revised Code.
(2) As used in division (D)(1) of this section, "suspension
of inspection held in
abeyance" means
a period of time during
which a suspension of
inspection is lifted because an
establishment has presented the
director with a corrective action
plan that,
if implemented
properly, would bring the establishment
into compliance with
this
chapter and rules adopted under it.
(E) If in the opinion of the director the establishment is
being
operated under such insanitary conditions as to be a hazard
to public health,
or if the director determines that an
establishment is not in compliance
with its hazard analysis
critical control point plan as required by
rules, the director
may
condemn or retain the product
on hand and immediately withdraw
inspection from the
establishment until the insanitary conditions
are
corrected or until the establishment is in compliance with its
hazard
analysis critical control point plan, as applicable. The
director may take those actions prior to an adjudication hearing
as required under section 119.06 of the Revised Code. The director
subsequently shall afford a hearing upon the request of the owner
or operator of the establishment.
(F) Any person operating an establishment as defined in
section 918.01 of the
Revised Code who also operates on the same
premises an establishment as
defined in section 918.21 of the
Revised Code shall apply either for licensure
under section 918.08
of the Revised Code or for licensure under section 918.28
of the
Revised Code, but not for both, as the director shall determine.
(G) If the director determines that the owner or operator of
or any person employed by an establishment licensed under division
(A) of this section forcibly assaulted, resisted, opposed,
impeded, intimidated, or interfered with any person while that
person was engaged in, or because of the person's performance of,
official duties under sections 918.01 to 918.12 of the Revised
Code or the rules adopted under those sections, the director
immediately may withdraw inspection from the establishment prior
to an adjudication hearing as required under section 119.06 of the
Revised Code.
(H) In addition to any remedies provided by law and
irrespective of whether or not there exists an adequate remedy at
law, the director may apply to the court of common pleas of the
county in which a violation of sections 918.01 to 918.12 of the
Revised Code or rules adopted under those sections occurs for a
temporary or permanent injunction or other appropriate relief
concerning the violation.
Sec. 918.28. (A) Except as provided in division (F) of
section 918.08 of the
Revised Code, application for a license to
operate an establishment shall be
made to the director of
agriculture on forms provided by the department of agriculture.
The
director
shall inspect the establishment and if, upon
inspection, the
establishment is found to be in compliance with
this chapter and rules adopted under
it, the
director shall so
notify the owner of the establishment and, upon
receipt of the
annual license
fee of fifty one hundred dollars, shall issue
the
owner a license. However, if after inspection the director finds
that an establishment is not in compliance with this chapter and
rules adopted under it, the director shall deny the license
application. The applicant may appeal the denial of the license
application in accordance with Chapter 119. of the Revised Code.
The
license shall expire on the thirty-first
day of March of each
year and, if the director finds that the establishment is in
compliance with this chapter and rules adopted under it, shall
be
renewed according to the
standard renewal procedures of sections
4745.01 to
4745.03 of the
Revised Code.
(B) If after inspection the director determines that an
establishment
licensed under this
section is operating in
violation of this chapter or a rule or order adopted
or issued
under authority thereof,
the
director shall notify the
licensee in
writing of the violation, giving
the licensee ten
days from the
date of the notice to correct
the conditions causing
the
violation. If the conditions are not corrected
within the
ten-day
period, the director may do either of the following:
(1) Impose progressive enforcement actions as provided in
division (C)(1) of this section in the same manner as inspectors;
(2) Suspend or revoke the license in
accordance with Chapter
119. of the Revised Code.
(C)(1) If an inspector determines that an establishment
licensed
under division (A) of this section is operating in
violation of
sections 918.21 to 918.31 of the Revised Code and
rules adopted under those sections, the
inspector may notify the
licensee in writing of the violation. The
inspector immediately
may impose progressive enforcement actions, including
withholding
the mark of inspection, suspension of inspection, suspension
of
inspection held in abeyance, and withdrawal of inspection. The
progressive enforcement
actions may be
taken prior to affording
the licensee an
opportunity for a hearing. As
authorized in
division (C) of
section 119.06 of the Revised Code, a decision to
impose a progressive
enforcement action is immediately appealable
to a higher authority
within the department who is classified by
the director as a
district
supervisor and who is designated by the
director to hear
the appeal. If the
district supervisor affirms
the enforcement
action of the inspector, the
licensee may appeal
the enforcement
action in accordance with Chapter
119. of the
Revised Code.
(2) As used in division (C)(1) of this section, "suspension
of inspection held in
abeyance" means
a period of time during
which a suspension of
inspection is lifted because an
establishment has presented the
director with a corrective action
plan that,
if implemented
properly, would bring the establishment
into compliance with
this
chapter and rules adopted under it.
(D) If in the opinion of the director the establishment is
being
operated under such insanitary conditions as to be a hazard
to public health,
or if the director determines that an
establishment is not in compliance
with its hazard analysis
critical control point plan as required by
rules, the director
may
condemn or retain the product on hand and immediately withdraw
inspection
from the establishment until such time as the
insanitary
conditions are corrected
or until the establishment is
in
compliance with its hazard analysis
critical control point
plan,
as applicable.
(E) If the director determines that the owner or operator of
or any person employed by an establishment licensed under division
(A) of this section forcibly assaulted, resisted, opposed,
impeded, intimidated, or interfered with any person while that
person was engaged in, or because of the person's performance of,
official duties under sections 918.21 to 918.31 of the Revised
Code or the rules adopted under those sections, the director
immediately may withdraw inspection from the establishment prior
to an adjudication hearing as required under section 119.06 of the
Revised Code.
(F) In addition to any remedies provided by law and
irrespective of whether or not there exists an adequate remedy at
law, the director may apply to the court of common pleas of the
county in which a violation of sections 918.21 to 918.31 of the
Revised Code or rules adopted under those sections occurs for a
temporary or permanent injunction or other appropriate relief
concerning the violation.
Sec. 921.02. (A)
No person shall distribute a pesticide
within
this state
unless the
pesticide is registered with the
director of
agriculture
under this
chapter.
Registrations shall
be
issued for a period of
time
established by
rule and shall be
renewed in accordance with
deadlines
established
by rule.
Registration is not required if a
pesticide is
shipped
from one
plant or warehouse to another plant
or warehouse operated
by the
same person and used solely at that
plant or warehouse as a
constituent part to make a pesticide that
is registered
under
this
chapter, or if the pesticide
is
distributed under the
provisions
of an experimental use permit
issued under section
921.03 of the
Revised Code or an experimental
use permit issued
by
the United
States environmental protection
agency.
(B) The applicant for registration of a pesticide shall
file
a statement with the director on a form provided by the
director,
which shall include all of the following:
(1) The name and address of the applicant and the name and
address of the person whose name will appear on the label, if
other than the applicant's name;
(2) The brand and product name of the pesticide;
(3) Any necessary information required for completion of
the
department of agriculture's application for registration,
including the
agency registration number;
(4) A complete copy of the labeling accompanying the
pesticide and a statement of all claims to be made for it,
including the directions for use and the use classification as
provided for in the federal act.
(C) The director, when the director considers it necessary
in
the
administration of
this chapter, may require
the submission
of
the
complete
formula of any
pesticide including the active and
inert
ingredients.
(D) The director may require a full description of the
tests
made and the results thereof upon which the claims are
based for
any pesticide. The director shall not consider any data submitted
in support of an
application, without permission of the applicant,
in support of any other application
for registration unless the
other applicant first has
offered to pay reasonable compensation
for producing the test
data to be relied upon and the data are not
protected from
disclosure by section 921.04 of the Revised Code.
In the case of
a renewal of registration, a statement shall be
required only
with respect to information that is different from
that
furnished when the pesticide was registered or last
registered.
(E) The director may require any other information to be
submitted with an application.
Any applicant may designate any portion of the required
registration information as a trade secret or confidential
business information. Upon receipt of any required registration
information designated as a trade secret or confidential business
information, the director shall consider the designated
information as confidential and shall not reveal or cause to be
revealed any such designated information without the consent of
the applicants, except to persons directly involved in the
registration process described in this section or as required by
law.
(F) Beginning January 1, 2007, each applicant shall pay a
registration and
inspection
fee
of one hundred fifty dollars for
each product
name and
brand
registered for the company whose name
appears on
the label. If
an
applicant files for a renewal of
registration
after the deadline
established by rule, the
applicant
shall pay a
penalty fee
of seventy-five dollars for each
product
name and
brand
registered for
the applicant. The penalty
fee shall
be
added to
the original fee
and paid before the renewal
registration is
issued. In addition
to any other remedy
available
under
this chapter,
if a pesticide
that is not
registered pursuant
to this section is
distributed
within this
state, the person
required to register the
pesticide
shall do so
and shall pay a
penalty fee
of seventy-five dollars for
each
product name and
brand
registered for the applicant. The
penalty
fee shall be added
to
the original fee of one hundred fifty dollars and paid before
the
registration is issued.
(G) Provided that the state is
authorized by the
administrator
of the United States environmental protection agency
to register
pesticides to meet special local needs, the director
shall
require the information set forth under divisions (B), (C),
(D),
and (E) of this section and shall register any such pesticide
after determining that all of the following conditions
are met:
(1) Its composition is such as to warrant the proposed
claims
for it.
(2) Its labeling and other material required to be
submitted
comply with the requirements of the federal act and of
this
chapter, and rules
adopted
thereunder.
(3) It will perform its intended function without
unreasonable adverse effects on the environment.
(4) When used in accordance with widespread and commonly
recognized practice, it will not generally cause unreasonable
adverse effects on the environment.
(5) The classification for general or restricted use is in
conformity with the federal act.
The director shall not make any lack of essentiality a
criterion for denying the registration of any pesticide. When two
pesticides meet the requirements of
division
(G) of this
section,
the
director
shall not
register one in preference to the
other.
(H)(1) The director may refuse to register a pesticide if
the
application for registration fails to comply with this
section.
(2) The director may suspend or revoke a pesticide
registration after a hearing in accordance with Chapter 119. of
the Revised Code for a pesticide that fails to meet the claims
made for it on its label.
(3) The director may immediately suspend a pesticide
registration, prior to a hearing, when the director believes that
the pesticide poses an immediate hazard to human or animal health
or a hazard to the environment. Not later than fifteen days after
suspending the registration, the director shall determine whether
the pesticide poses such a hazard. If the director determines
that
no hazard exists, the director shall lift the suspension of
the
registration. If the director determines that a hazard
exists, the
director shall revoke the registration in accordance
with Chapter
119. of the Revised Code.
(I) All money collected under this section shall be credited
to the pesticide, fertilizer, and lime program fund created in
section 921.22 of the Revised Code.
Sec. 921.06. (A)(1) No individual shall
do any of
the
following without
having a
commercial applicator
license issued
by
the director of
agriculture:
(a) Apply
pesticides for a pesticide business without direct
supervision;
(b) Apply pesticides as part of the individual's duties
while
acting as an employee of the United States government, a
state,
county, township, or municipal corporation, or a park
district,
port authority, or sanitary district created under
Chapter 1545.,
4582., or 6115. of the Revised Code, respectively;
(c) Apply restricted use
pesticides. Division (A)(1)(c) of
this
section does not apply to a private applicator or an
immediate
family member or a subordinate employee of a private
applicator
who is acting under the direct supervision of that
private
applicator.
(d) If the individual is the owner of a business other than
a
pesticide business or an employee of such an owner, apply
pesticides at any of the following publicly accessible
sites that
are located on the property:
(i) Food service operations that are licensed under Chapter
3717. of
the Revised Code;
(ii) Retail food establishments
that are licensed under
Chapter 3717. of the Revised Code;
(iv) Rental properties of more than four apartment units at
one location;
(v) Hospitals or medical facilities as defined in section
3701.01 of the Revised Code;
(vi) Child day-care centers or school child day-care centers
as defined in section 5104.01 of the Revised Code;
(vii) Facilities owned or operated by a school district
established under Chapter 3311. of the Revised Code, including an
education service center, a community school established under
Chapter 3314. of the Revised Code, or a chartered or
nonchartered
nonpublic school that meets minimum standards
established by the
state board of education;
(viii) Colleges as defined in section 3365.01 of the Revised
Code;
(ix) Food processing establishments as defined in section
3715.021 of the Revised Code;
(x)
Any other site designated by rule.
(e) Conduct authorized diagnostic inspections.
(2) Divisions (A)(1)(a) to (d) of this section do not apply
to an individual who is acting as a trained serviceperson under
the direct supervision of a commercial applicator.
(3) Licenses shall
be issued
for a period of time
established
by
rule and shall
be
renewed in
accordance with
deadlines
established
by rule.
The
fee
for each
such license
shall be
established by
rule. If a license is not
issued or
renewed, the
application fee
shall be retained by the
state as
payment for
the
reasonable
expense of processing the
application.
The
director
shall by rule
classify by
pesticide-use
category
licenses to be
issued under this section.
A
single
license may
include more than
one pesticide-use category.
No
individual shall
be required to pay
an
additional license fee
if
the individual is
licensed for more
than one
category.
The fee for each license or renewal does not apply to an
applicant who is an employee of the department of agriculture
whose job duties require licensure as a commercial applicator as a
condition of employment.
(B) Application for a
commercial applicator license
shall
be
made on a form prescribed by the director. Each
application
for
a
license shall state the
pesticide-use
category or
categories
of
license for which
the applicant
is
applying and
other information
that the director
determines
essential to the
administration of
this chapter.
(C) If the director finds that the applicant is
competent
to
apply
pesticides
and conduct diagnostic inspections
and that
the
applicant has passed
both the general examination and
each
applicable pesticide-use
category examination as required
under
division (A) of section
921.12 of the Revised Code, the
director
shall issue a
commercial applicator
license
limited to the
pesticide-use
category or categories for which the
applicant is
found to
be competent.
If
the director rejects an application, the
director
may explain
why
the application was rejected, describe
the
additional
requirements
necessary for the applicant to obtain
a
license, and
return the
application. The applicant may resubmit
the
application without
payment of any additional fee.
(D)(1) A person who is a commercial applicator shall be
deemed
to hold a private applicator's license for purposes of
applying
pesticides on agricultural commodities that are produced
by the
commercial applicator.
(2) A commercial applicator shall apply pesticides only in
the pesticide-use category or categories in which the applicator
is licensed under this chapter.
(E) All money collected under this section shall be credited
to the pesticide, fertilizer, and lime program fund created in
section 921.22 of the Revised Code.
Sec. 921.09. (A)(1) No person shall own or operate
a
pesticide
business without obtaining a license
from
the
director
of agriculture.
Licenses shall be issued for a
period of time
established by rule and shall
be renewed in
accordance with
deadlines established by rule.
(2) A person applying for a pesticide business license shall
register each location that is owned by the person and used for
the purpose of engaging in the pesticide business.
(B) Any person who owns or operates a pesticide
business
outside of this state, but engages in the
business of
applying
pesticides to properties of another for hire
in this
state, shall
obtain a license for the person's
principal
out-of-state location
from the director.
In addition, the person
shall register each
location that is owned by the person in this
state and used for
the purpose of engaging in the pesticide
business.
(C)(1) The person applying for a pesticide
business
license
shall file a statement with the director, on a
form
provided by
the director, that shall include
all of the
following:
(a) The address of the principal place of business of the
pesticide business;
(b) The address of each location that the person
intends to
register under division (A)(2) or (B) of this section;
(c) Any other
information that
the director determines
necessary and that the
director
requires
by rule.
(2) Each applicant shall pay a license
fee
established by
rule for the
pesticide business plus an additional fee
established
by rule for
each pesticide business registered location specified
in the
application. The license may be renewed upon payment of a
renewal
fee established by rule plus an additional fee established
by rule
for each pesticide business registered location. A copy
of
the
license shall be maintained and conspicuously displayed at
each
such location.
(3) The issuance of a pesticide business license constitutes
registration of any pesticide business location identified in the
application under division (C)(1) of this section.
(4) The owner or operator of a pesticide business shall
notify
the director not later than fifteen days after any change
occurs in the information required under
division (C)(1)(a) or (b)
of
this section.
(D) The owner or operator of a pesticide
business shall
employ at least one
commercial
applicator for
each pesticide
business
registered
location the owner or
operator owns or
operates.
(E) The owner or operator of a pesticide
business is
responsible for the acts of each employee in the
handling,
application, and use of pesticides
and in the conducting
of
diagnostic inspections. The pesticide
business
license is
subject
to denial,
modification, suspension, or
revocation after a
hearing
for any violation of
this chapter
or
any rule adopted or
order
issued under it. The
director
may levy
against the owner or
operator any civil
penalties
authorized by
division (B) of section
921.16 of the
Revised Code
for any
violation of
this chapter or
any rule
adopted or order issued
under it that is committed
by
the
owner or
operator or
by the
owner's or
operator's officer,
employee, or
agent.
(F)
The director may modify a license issued under this
section by one of the following methods:
(1) Revoking a licensee's authority to operate out of a
particular pesticide business registered location listed under
division (C)(1)(b) of this
section;
(2) Preventing a licensee from operating within a
specific
pesticide-use category.
(G) The director may deny a pesticide
business
license to
any
person
whose
pesticide
business license has been revoked
within
the
previous thirty-six months.
(H) Each pesticide business
registered location that is
owned
by a pesticide business is
subject to inspection by the
director.
(I) All money collected under this section shall be credited
to the pesticide, fertilizer, and lime program fund created in
section 921.22 of the Revised Code.
Sec. 921.11. (A)(1) No individual shall apply restricted
use
pesticides unless the individual is one of the following:
(a) Licensed under section 921.06
of the Revised Code;
(b)
Licensed under division
(B) of
this section;
(c) A
trained
serviceperson who is acting
under
the
direct
supervision of a
commercial applicator;
(d) An
immediate family member
or a subordinate
employee of
a
private applicator who is acting under the
direct supervision
of
that private applicator.
(2) No individual shall directly supervise the application
of
a
restricted use pesticide unless
the individual is one
of
the
following:
(a) Licensed under section 921.06
of the Revised Code;
(b)
Licensed under division
(B) of
this section.
(B) The director of agriculture shall adopt rules to
establish standards
and procedures for the
licensure
of private
applicators.
An individual shall apply for
a
private
applicator
license to the director, on
forms prescribed by
the director.
The
individual shall include in
the application the pesticide-use
category or categories of the
license for which the individual is
applying and any other
information that the director determines
is
essential to the
administration of this chapter. The fee for
each
license shall be established
by rule. Licenses shall be
issued for
a period
of
time established by rule and shall be
renewed in
accordance with
deadlines established by rule. If a
license is not
issued or renewed, the state shall
retain any fee
submitted as
payment for reasonable expenses of
processing the
application.
(C) An individual who is licensed under this section shall
use or directly supervise the use of a restricted use pesticide
only for the purpose of producing agricultural commodities on
property that is owned or rented by the individual or the
individual's employer.
(D) All money collected under this section shall be credited
to the pesticide, fertilizer, and lime program fund created in
section 921.22 of the Revised Code.
Sec. 921.13. (A) Any person who is acting in the capacity
of
a
pesticide dealer or who advertises or assumes to act as a
pesticide dealer at
any time shall obtain a pesticide dealer
license from the director
of agriculture.
Licenses shall be
issued for a period of time established by rule and shall
be
renewed in accordance with deadlines established by rule.
A
license is required for each
location or outlet within this state
from which the person distributes
pesticides.
Any pesticide dealer who has no pesticide dealer outlets in
this state and who distributes restricted use pesticides
directly
into this state shall obtain a pesticide dealer license
from the
director for the pesticide dealer's principal
out-of-state
location or outlet and for each sales person operating in the
state.
The applicant shall include a
license fee
established by
rule
with
the application for a license. The
application shall
be
made
on a form
prescribed
by the director.
Each pesticide dealer shall submit records to the director of
all of the
restricted use pesticides the pesticide dealer has
distributed, as specified by the director, and duplicate records
shall be
retained by the pesticide dealer for a period of time
established by rules.
(B) This section does not apply
to any
federal, state,
county, or
municipal agency that provides
pesticides for its own
programs.
(C) Each licensed pesticide dealer is responsible
for the
acts of each employee in the solicitation
and sale of pesticides
and all claims and recommendations for use
of pesticides. The
pesticide dealer's license is subject to denial,
suspension, or
revocation after a hearing for any violation of
this chapter
whether committed by the
pesticide
dealer or by the pesticide
dealer's
officer, agent, or
employee.
(D) All money collected under this section shall be credited
to the pesticide, fertilizer, and lime program fund created in
section 921.22 of the Revised Code.
Sec. 921.16. (A) The director of agriculture shall adopt
rules the director determines necessary for the effective
enforcement and
administration of
this chapter.
The rules may
relate to, but are not
limited to, the
time, place, manner, and
methods
of application,
materials, and
amounts and concentrations
of
application of
pesticides, may
restrict or prohibit the use of
pesticides in
designated areas
during specified periods of time,
and shall
encompass all
reasonable factors that the director
determines
necessary to
minimize or prevent damage to the
environment. In
addition, the
rules shall establish the
deadlines
and time
periods for
registration, registration
renewal, late
registration renewal, and failure to register under
section
921.02
of the
Revised Code; the fees for registration, registration
renewal, late registration renewal, and failure to register under
section 921.02 of the Revised Code that shall apply until the fees
that are established under that section take effect on January 1,
2007;
and the
fees, deadlines, and
time
periods for
licensure and
license renewal under
sections
921.06,
921.09,
921.11, and 921.13
of the Revised
Code.
(B) The director shall adopt rules that establish a schedule
of
civil penalties for violations of
this chapter, or any rule or
order adopted or
issued under
it, provided that the civil penalty
for a first
violation shall not exceed five thousand dollars and
the civil
penalty for each subsequent violation shall not exceed
ten
thousand dollars. In determining the amount of a civil
penalty
for a violation, the director shall consider factors
relevant to
the severity of the violation, including past
violations and the
amount of actual or potential damage to the
environment or to
human beings. All money collected under this division shall be
credited to the pesticide, fertilizer, and lime program fund
created in section 921.22 of the Revised Code.
(C) The director shall adopt rules that set forth the
conditions under
which the director:
(1) Requires that notice or posting be given of a proposed
application of a pesticide;
(2)
Requires inspection, condemnation, or repair of
equipment
used to apply a pesticide;
(3) Will suspend, revoke, or refuse to issue any
pesticide
registration for a violation of
this chapter;
(4) Requires safe handling, transportation, storage,
display,
distribution, and disposal of pesticides and their
containers;
(5) Ensures the protection of the health and safety of
agricultural workers
storing, handling, or applying pesticides,
and all residents of
agricultural labor camps, as that term is
defined in section
3733.41 of the Revised Code, who are living or
working in the
vicinity of pesticide-treated areas;
(6) Requires a record to be kept of all pesticide
applications made by each
commercial applicator
and by any
trained
serviceperson acting under the commercial applicator's
direct
supervision and of all restricted
use pesticide
applications made
by each
private
applicator
and by any immediate
family
member or
subordinate employee of that private applicator
who is
acting
under the private applicator's direct supervision as
required
under section
921.14 of the Revised Code;
(7) Determines
the pesticide-use categories of
diagnostic
inspections that must be
conducted by a commercial applicator;
(8) Requires a record to be kept of all diagnostic
inspections
conducted by
each commercial applicator
and by any
trained service
person.
(D)
The director shall prescribe standards for the
licensure
of
applicators of pesticides consistent
with those
prescribed by
the federal act
and the regulations
adopted
under it or prescribe
standards that are more
restrictive than those prescribed by the
federal act and the
regulations adopted under it. The standards
may relate to the use
of
a
pesticide or
to an individual's
pesticide-use category.
The director shall take into consideration standards of the
United States
environmental protection agency.
(E) The director may adopt rules setting forth the
conditions
under
which the director will:
(1) Collect and examine samples of pesticides or devices;
(2) Specify classes of devices that shall be subject to
this
chapter;
(3) Prescribe other necessary registration information.
(F) The director may adopt rules
that do either
or both of
the following:
(1) Designate, in
addition
to those
restricted uses so
classified by the
administrator of the
United States environmental
protection
agency, restricted uses of
pesticides
for the state or
for
designated areas within the state
and, if
the director
considers
it necessary, to further restrict
such use;
(2) Define what constitutes "acting under the instructions
and control of a commercial applicator" as used in the definition
of "direct supervision" in division (Q)(1) of section 921.01 of
the Revised Code. In adopting a rule under division (F)(2) of
this
section, the director shall consider the factors associated
with
the use of pesticide in the various pesticide-use categories.
Based on consideration of the factors, the director may define
"acting under the instructions and control of a commercial
applicator" to include communications between a commercial
applicator and a trained serviceperson that are conducted via
landline telephone or a means of wireless communication. Any
rules
adopted under division (F)(2) of this section shall be
drafted in
consultation with representatives of the pesticide
industry.
(G)
Except as provided in division (D) of this section,
the
director shall not adopt any rule under
this chapter that
is
inconsistent with the
requirements of the federal act and
regulations
adopted thereunder.
(H) The director, after notice and opportunity for
hearing,
may declare as a pest any form of plant or
animal life,
other than
human beings and other than
bacteria, viruses, and
other
microorganisms on or in living human beings or other
living
animals,
that is injurious to health or the environment.
(I) The director may make reports to the
United States
environmental
protection agency, in the form and containing the
information the
agency may require.
(J) The director shall adopt rules for the
application,
use,
storage, and
disposal of pesticides if, in the director's
judgment,
existing programs of the United
States environmental
protection agency necessitate such rules or pesticide
labels do
not sufficiently address issues or situations identified by the
department of agriculture or interested state agencies.
(K)
The director shall adopt rules establishing all of the
following:
(1) Standards, requirements, and procedures for the
examination and re-examination of commercial applicators and
private applicators;
(2) With respect to training programs that the director may
require commercial applicators and private applicators to
complete:
(a) Standards and requirements that a training program must
satisfy in order to be offered by the director or the director's
representative or in order to be approved by the director if a
third party wishes to offer it;
(b) Eligibility standards and requirements that must be
satisfied by third parties who wish to provide the training
programs;
(c) Procedures that third parties must follow in order to
submit a proposed training program to the director for approval;
(d) Criteria that the director must consider when
determining
whether to authorize a commercial applicator or
private applicator
to participate in a training program instead of
being required to
pass a re-examination.
(3) Training
requirements for a trained serviceperson.
(L) The director shall adopt all rules under
this chapter in
accordance
with
Chapter 119. of
the Revised Code.
Sec. 921.22. The pesticide, fertilizer, and lime program
fund is hereby
created in
the state
treasury. The portion of the
money in the fund that is collected under this chapter shall be
used to carry
out the purposes of
this chapter. The portion of the
money in the fund that is collected under section 927.53 of the
Revised Code shall be used to carry out the purposes specified in
that section, the portion of the money in the fund that is
collected under section 927.69 of the Revised Code shall be used
to carry out the purposes specified in that section, and the
portion of the money in the fund that is collected under section
927.701 of the Revised Code shall be used to carry out the
purposes of that section. The fund shall
consist of fees
collected
under sections 921.01
to 921.15, division (F) of section 927.53,
and section 927.69 of the
Revised Code, money collected under
section 927.701 money credited to it under this chapter and
Chapter 905. of the Revised Code, and rules adopted under them and
all fines, penalties, costs, and damages,
except
court costs,
that
are collected by either the director of
agriculture
or the
attorney general in consequence of any
violation of
this chapter
those chapters or rules adopted under them. The director shall use
money in the fund to administer and enforce those chapters and
rules adopted under them.
The director shall keep accurate records of all receipts into
and disbursements from the fund and shall prepare, and provide
upon request, an annual report classifying the receipts and
disbursements that pertain to pesticides, fertilizers, or lime.
Sec. 921.27. (A) If the director of agriculture has
reasonable cause to believe that a pesticide or device is being
distributed, stored, transported, or used in violation of
this
chapter or of any
rules, it shall be subject to seizure on
complaint
of
the director to a court of competent jurisdiction in
the
locality
in which the pesticide or device is located.
(B) If the article is condemned, it shall, after entry or
decree, be disposed of by destruction or sale as the court may
direct and the proceeds, if
the article is sold, less legal
costs,
shall be paid to the pesticide, fertilizer, and lime program fund
created in
section
921.22 of the Revised Code. The article shall
not
be
sold contrary to
this section. Upon payment
of
costs and
execution and delivery of a good and sufficient bond
conditioned
that the article shall not be disposed of unlawfully,
the court
may direct that the article be delivered to the owner
thereof for
relabeling or reprocessing.
Sec. 921.29. Fines, penalties, costs, and damages assessed
against a person
in consequence of violations of
this chapter, as
provided in
this chapter or any
other section
of the Revised
Code,
shall be a lien in favor of the
state upon the real and
personal
property of the person, upon the
filing of a judgment or
an order
of
the director of agriculture
with the county in which
the real
and personal
property is
located. The real and personal
property
of the person shall be
liable to execution for the fines,
penalties, costs, and damages
by the
attorney general, who shall
deposit any proceeds from an
execution upon the
property in the
pesticide, fertilizer, and lime program fund created
in section
921.22 of the
Revised
Code.
Sec. 923.44. (A)(1) Except as otherwise provided in
divisions (A)(2), (3), and (4) of this section, the first
distributor of a commercial feed shall pay the director of
agriculture a semiannual inspection fee at the rate of twenty-five
cents
per ton, with a minimum payment of twenty-five dollars, on
all commercial
feeds distributed by the first distributor in this
state.
(2) The semiannual inspection fee required under division
(A)(1) of this section shall not be paid by the first distributor
of a commercial feed if the distribution is made to an exempt
buyer who shall be responsible for the fee. The director shall
establish an exempt list consisting of those buyers who are
responsible for the fee.
(3) The semiannual inspection fee shall not be paid on a
commercial feed if the fee has been paid by a previous
distributor.
(4) The semiannual inspection fee shall not be paid on
customer-formula feed if the fee has been paid on the commercial
feeds that are used as components in that customer-formula feed.
(B) Each distributor or exempt buyer who is required to
pay a
fee under division (A)(1) or (2) of this section shall file
a
semiannual statement with the director that includes the number
of
net tons of commercial feed distributed by the distributor or
exempt buyer in this state, within thirty days after the thirtieth
day of
June and within thirty days after the thirty-first day of
December,
respectively, of each calendar year.
The inspection fee at the rate stated in division (A)(1) of
this section shall accompany the statement. For a tonnage report
that is not filed or payment of inspection fees that is not made
within fifteen days after the due date, a penalty of ten per cent
of the amount due, with a minimum penalty of fifty dollars shall
be assessed against the distributor or exempt buyer. The amount
of
fees due, plus penalty, shall constitute a debt and become the
basis of a judgment against the distributor or exempt buyer.
(C) No information furnished under this section shall be
disclosed by an employee of the department of agriculture in such
a way as to divulge the operation of any person required to make
such a report.
(D) All money collected under this section shall be credited
to the commercial feed and seed fund created in section 923.46 of
the Revised Code.
Sec. 923.46. All moneys collected by the director of
agriculture under
sections 923.41 to 923.55 of the Revised Code
shall be deposited into the
state treasury to the credit of the
The commercial feed, fertilizer, and seed, and
lime inspection and
laboratory fund is hereby created in
section 905.38 the state
treasury. The fund shall consist of money credited to it under
this chapter and Chapter 907. of the Revised Code.
The director shall prepare and provide a report concerning
the fund in
accordance with section 905.381 of the Revised Code
keep accurate records of all receipts into and disbursements from
the fund and shall prepare, and provide upon request, an annual
report classifying the receipts and disbursements that pertain to
commercial feed or seed.
Sec. 926.99. (A)(1) Except as provided in
division (A)(2)
of this section, whoever violates section 926.04
of the Revised
Code is
guilty of a misdemeanor of the first degree on a first
offense
and a felony of the fifth degree on each subsequent
offense.
(2) A person who
violates section 926.04 of the
Revised
Code
and who is insolvent and financially
unable to satisfy a claimant
as defined in section
926.021 of the Revised
Code is guilty of a
felony of
the fifth degree if the financial obligation owed by the
offender to the claimant is five seven hundred fifty dollars or
more and
is
less than five thousand dollars. If the financial
obligation is
five thousand dollars or more and is less than one
hundred
thousand dollars, the offender is guilty of a felony of
the
fourth
degree. If the financial obligation is one hundred
thousand
dollars or more, the offender is guilty of a felony of
the third
degree.
(B) Whoever violates division (E) or (F) of section 926.20 or
division (A) of
section 926.22 of the Revised Code is guilty of a
minor misdemeanor on a first
offense and a misdemeanor of the
second degree on each
subsequent offense.
(C) Whoever violates division (G) of section 926.20 or
section 926.34 or
926.35 of the Revised Code is guilty of a felony
of the
fourth degree.
(D) Whoever violates division (A) of
section
926.28 or
division (B) of section 926.29 of the Revised Code
is guilty of a
felony of the fifth degree.
(E) Whoever violates section 926.31 of the Revised Code is
guilty of a
misdemeanor of the fourth degree.
Sec. 927.51. As used in sections 927.51 to 927.74 927.73 of
the
Revised Code:
(A) "Collected plant" means any plant dug or gathered from
any wood lot, field, forest, or any other location in which such
a
plant is found growing in its native habitat.
(B) "Collector" means any person who collects, for sale,
plants from wood lots, fields, forests, or other native habitat.
(C) "Dealer" means any person other than a nurseryman who
offers for sale, sells, or distributes nursery stock, either
exclusively or in connection with other merchandise, in or from
any nursery, store, sales ground, stand, lot, truck, railway car,
or other vehicle. "Dealer" includes any landscaper who sells or
offers for sale nursery stock as a part of a grounds improvement
project which that may involve the installation of such plants.
(D) "Hardy," when applied to plants and bulbs, whether
wild
or cultivated, means capable of surviving the normal winter
temperatures of this state.
(E) "Host" means any plant or plant product from which any
pest derives its food supply, or upon which it depends for its
well being or to complete any part of its life cycle.
(F) "Infested" means containing or harboring one or more
pests or infected with one or more pests.
(G) "Nursery" means any grounds or premises on or in which
nursery stock is propagated or grown for sale.
(H) "Nurseryman" means a person who owns, leases, manages,
or
is in charge of a nursery.
(I) "Nursery stock" means:
(1) Any hardy tree, shrub, plant, or bulb, whether wild or
cultivated, except turfgrass, and any cutting, graft, scion, or
bud thereof;
(2) Any nonhardy plant, or plant part, which that is to be
offered for sale in any state which that requires inspection and
certification of such the plant or plant part as a condition of
entrance therein.
(J) "Person" means any corporation, company, society,
association, partnership, individual or combination of
individuals, institution, park, or any public agency administered
by the state or any subdivision of the state.
(K) "Pest" means any insect, mite, nematode, bacteria,
fungus, virus, parasitic plant, or any other organism or any
stage
of any such organism which that causes, or is capable of
causing,
injury, disease, or damage to any plant, plant part, or
plant
product.
(L) "Place of business" means each separate location from
which nursery stock is sold, offered for sale, or distributed.
(M) "Intensive production area" means a place where
nursery
stock is propagated or grown using greenhouses, liner
beds, lath
beds, or containers.
(N) "Nonintensive production area" means any place where
nursery stock is propagated or grown as field stock.
(O) "Forced floral plants" means plants with desirable
flower
characteristics in which the bloom is artificially induced
at an
unnatural time of the year.
Sec. 927.52. (A) The director of agriculture shall adopt and
enforce any
rules that are necessary to carry out sections 927.51
to 927.74 927.73 of the Revised
Code.
(B) The director may revoke, suspend, or refuse to issue any
nursery
certificate or dealer's license for any violation of
sections 927.51 to 927.71
of the Revised Code, or of any rules
adopted under those sections.
(C) The director may publish reports describing nursery
inspection and pest
control operations authorized by sections
927.51 to 927.71 of the Revised
Code.
Sec. 927.53. (A) Each collector or dealer who sells,
offers,
or exposes for sale, or distributes nursery stock within
this
state, or ships nursery stock to other states, shall pay an
annual
license fee of fifty one hundred twenty-five dollars to the
director of
agriculture for each place of business the collector
or
dealer operates.
(B)(1) Each dealer shall furnish the director, annually,
an
affidavit that the dealer will buy and sell only nursery
stock
which has been inspected and certified by an official state or
federal
inspector.
(2) Each dealer's license expires on the thirty-first day
of
December of each year. Each licensed dealer shall apply for
renewal of the dealer's license prior to the first day of
January
of each year and in accordance with the standard renewal procedure
of
sections 4745.01 to 4745.03 of the Revised Code.
(C) Each licensed nurseryperson shall post
conspicuously in
the nurseryperson's principal place of
business, the certificate
which is issued
to the nurseryperson in accordance with section
927.61 of
the Revised Code.
(D) Each licensed nurseryperson, or dealer, shall
post
conspicuously in each place of business, each certificate or
license which is issued to the nurseryperson or dealer in
compliance with this section or
section 927.61 of the Revised
Code.
(E)(1) Each nurseryperson who produces, sells,
offers for
sale, or distributes woody nursery stock within the state, or
ships woody nursery stock to other states, shall pay to the
director an annual inspection fee of fifty one hundred dollars
plus four
eleven dollars per acre, or fraction thereof, of growing
nursery stock
in intensive production areas and two seven dollars
per acre, or
fraction thereof, of growing nursery stock in
nonintensive
production areas, as applicable.
(2) Each nurseryperson who limits
production and sales of
nursery stock to brambles, herbaceous, perennial, and
other
nonwoody plants, shall pay to the director an inspection fee of
thirty one hundred dollars, plus four eleven dollars per acre, or
fraction thereof,
of growing nursery stock in intensive and
nonintensive production
areas.
(F) On and after the effective date of this amendment, the
following additional fees shall be assessed:
(1) Each collector or dealer who pays a fee under division
(A) of this section shall pay an additional fee of twenty-five
dollars.
(2) Each nurseryperson who pays fees under division (E)(1) of
this section shall pay additional fees as follows:
(a) Fifteen dollars for the inspection fee;
(b) Fifty cents per acre, or fraction thereof, of growing
nursery stock in intensive production areas;
(c) One dollar and fifty cents per acre, or fraction thereof,
of growing nursery stock in nonintensive production areas.
(3) Each nursery person who pays fees under division (E)(2)
of this section shall pay additional fees as follows:
(a) Thirty-five dollars for the inspection fee;
(b) Fifty cents per acre, or fraction thereof, of growing
stock in intensive and nonintensive production areas.
The
The fees collected under division (F) of this section shall
be deposited into the state treasury credited to the credit of the
pesticide plant pest program fund created in Chapter 921. section
927.54 of the Revised Code. Moneys so credited to the fund shall
be used to pay the costs incurred by the department of agriculture
in administering this chapter, including employing a minimum of
two additional inspectors.
Sec. 927.54. The plant pest program fund is hereby created in
the state treasury. The fund shall consist of money credited to it
under this chapter and any rules adopted under it. The director of
agriculture shall use money in the fund to administer this
chapter.
The director shall keep accurate records of all receipts into
and disbursements from the fund and shall prepare, and provide
upon request, an annual report classifying the receipts and
disbursements that pertain to plant pests.
Sec. 927.56. (A) Each nurseryman, dealer, or collector of
nursery stock, who resides in or has his principal place of
business in another state and who sends nursery stock into this
state without having a bona fide order in advance for all such
nursery stock, shall obtain the same license which that is
required by
section 927.53 of the Revised Code.
(B) The director of agriculture may enter into such
reciprocal contracts and agreements as he the director determines
proper and
expedient, with the proper authorities of other states
or of the
federal government to regulate the shipment, sale, and
distribution of nursery stock in this state by persons residing
in
or located in another state, in accordance with sections
927.51 to
927.74, inclusive, 927.73 of the Revised Code.
Sec. 927.69. To effect the purpose of sections 927.51 to
927.74
927.73 of the Revised Code, the director of agriculture or
the director's authorized
representative may:
(A) Make reasonable inspection of any premises in this state
and any property
therein or thereon;
(B) Stop and inspect in a reasonable manner, any means of
conveyance moving
within this state upon probable cause to believe
it contains or carries any
pest, host, commodity, or other article
that is subject to sections 927.51 to
927.72 of the Revised Code;
(C) Conduct inspections of agricultural products that are
required by other states, the United States department of
agriculture, other federal agencies, or foreign countries to
determine whether the products are infested. If, upon making such
an inspection, the director or the director's authorized
representative determines that an agricultural product is not
infested, the director or the director's authorized representative
may issue a certificate, as required by other states, the United
States department of agriculture, other federal agencies, or
foreign countries, indicating that the product is not infested.
If the director charges fees for any of the certificates,
agreements, or inspections specified in this section, the fees
shall be as follows:
(1) Phyto sanitary certificates, twenty-five dollars for
those collectors or dealers that are licensed under section 927.53
of the Revised Code;
(2) Phyto sanitary certificates, one hundred dollars for all
others;
(3) Compliance agreements, twenty forty dollars;
(3) Solid wood packing certificates, twenty dollars;
(4) Agricultural products and their conveyances inspections,
an amount equal to the hourly rate of pay in the highest step in
the pay range, including fringe benefits, of a plant pest control
specialist multiplied by the number of hours worked by such a
specialist in conducting an inspection.
The director may adopt rules under section 927.52 of the
Revised Code that define the certificates, agreements, and
inspections.
The fees shall be deposited into the state treasury credited
to the credit of the pesticide plant pest program fund created in
Chapter 921. section 927.54 of the Revised Code. Money credited to
the fund shall be used to pay the costs incurred by the department
of agriculture in administering this chapter, including employing
a minimum of two additional inspectors.
Sec. 927.70. (A) No person shall knowingly permit any
plant
pest which that has been determined to be destructive or
dangerously harmful by the director of agriculture, in compliance
with procedures required by division (A) of section 927.52 of the
Revised Code, to exist in or on his the person's premises.
(B) Whenever the director or his the director's authorized
representative
finds any article or commodity to be infested or
has reason to
believe it to be infested, or finds that a host or
pest exists on
any premises, or is in transit in this state, he
the director may:
(1) Upon giving notice to the owner or his the owner's agent
in
possession thereof, seize, quarantine, treat, or otherwise
dispose of such the pest, host, article, or commodity in such
manner
as he the director determines necessary to suppress,
control, eradicate, or to
prevent or retard the spread of a pest;
(2) Order such the owner or agent to so treat or otherwise
dispose of the pest, host, article, or commodity.
(C) If the owner or person in charge of such the premises
refuses or neglects to carry out the orders of the director
within
seven days after receiving written notice, the director
may treat
the premises; treat or destroy the infested plants or
plant
material; or apply any other preventive or remedial measure
which
he that the director determines necessary. The expense of any such
preventative or remedial measures shall be assessed, collected,
and enforced, as taxes are assessed, collected, and enforced,
against the premises upon which such the expense was incurred. The
amount of such the expense when collected shall be paid to the
director and by him deposited with the treasurer of state credited
to the plant pest program fund created in section 927.54 of the
Revised Code.
Sec. 927.701. (A) As used in this section, "gypsy moth"
means the live insect, Lymantria dispar, in any stage of
development.
(B) The director of agriculture may establish a voluntary
gypsy moth suppression program under which a landowner may request
that the department of agriculture have the landowner's property
aerially sprayed to suppress the presence of gypsy moths in
exchange for payment from the landowner of a portion of the cost
of the spraying. To determine the amount of payment that is due
from a landowner total cost per acre, the department first shall
determine the projected cost per acre to the department of gypsy
moth suppression activities for the year in which the landowner's
request is made. The cost shall be calculated by determining the
total expense of aerial spraying for gypsy moths to be incurred by
the department in that year divided by the total number of acres
proposed to be sprayed in that year. With respect to a landowner
add the per-acre cost of the product selected by the landowner to
suppress gypsy moths and the per-acre cost of applying the product
as determined by the director in rules. To determine the aggregate
total cost, the department shall multiply the total cost per acre
by the number of acres that the landowner requests to be sprayed.
The department shall add to that amount any administrative costs
that it incurs in billing the landowner and collecting payment.
The amount that the landowner shall pay to the department shall
not exceed fifty per cent of the resulting amount. The portion of
the cost that is assessed to the landowner, if any, shall be
determined by the funding that is allocated to the department by
the federal and state gypsy moth suppression programs.
(C) The director shall adopt rules under Chapter 119. of the
Revised Code to establish procedures under which a landowner may
make a request under division (B) of this section, to establish
the per-acre cost of applying product to suppress gypsy moths, and
to establish provisions governing agreements between the
department and landowners concerning gypsy moth suppression
together with any other provisions that the director considers
appropriate to administer this section.
(D) The director shall deposit all money collected under this
section into the state treasury to the credit of the pesticide
plant pest program fund created in Chapter 921. section 927.54 of
the Revised Code. Money credited to the fund under this section
shall be used for the suppression of gypsy moths in accordance
with this section.
Sec. 927.71. (A) The director of agriculture, in accordance
with Chapter
119. of the Revised Code, may quarantine:
(1) This state or any portion thereof when he the director
determines that such action is
necessary to prevent or retard the
spread of a pest into, within, or from this
state;
(2) Any other state or portion thereof when he the director
determines that a pest exists
therein and that such action is
necessary to prevent or retard its spread into
this state.
(B) The director may limit the application of a quarantine to
the infested
portions of the quarantined area and appropriate
environs, to be known as the
regulated area, and may, without
further hearing, extend the regulated area to
include additional
portions of the quarantined area either:
(1) Upon publication of a notice to that effect in such
newspapers in the
quarantined area as he the director may
select;
(2) Upon written notice to those concerned.
(C) Following establishment of a quarantine, no person shall
move any
regulated article described in the quarantine, or move
the pest against which
the quarantine is established, within,
from, into, or through this state
contrary to regulations
promulgated rules adopted by the director without prior permission
or order of the director.
(D) A regulation rule may restrict the movement of a pest and
any regulated
article from the quarantined or regulated area in
this state into or through
other parts of this state or other
states and from the quarantine or regulated
area in other states
into or through this state and may impose such
inspection,
disinfection, certification, permit, or other requirements as the
director determines necessary to effectuate the purpose of
sections 927.51 to
927.74, inclusive, 927.73 of the Revised Code.
Sec. 942.02. (A) No person shall feed on his the person's
premises, or permit the feeding
of, treated garbage to swine
without a license to do so issued by the
department of
agriculture.
(B) An application for a license to feed treated garbage
shall be made in
writing on a form prescribed by the director of
agriculture.
(C) A license shall be renewed before the thirty-first day of
December of
each year, and an application for renewal shall be
filed before the thirtieth
day of November of each year.
(D) The fee for the license shall be fifty one hundred
dollars per annum. A late fee of fifty dollars shall be paid for
each application that is received after the thirtieth day of
November each year.
(E) All money collected under this section shall be credited
to the animal and consumer analytical laboratory fund created in
section 901.43 of the Revised Code.
Sec. 943.01. As used in sections 943.01 to 943.18 of the
Revised Code:
(A) "Animals" or "livestock" means horses, mules, and
other
equidae, cattle, sheep, and goats and other bovidae, swine
and
other suidae, poultry, alpacas, and llamas.
(B) "Dealer" or "broker" means any person found by the
department of agriculture buying, receiving, selling,
slaughtering, with the exception of those persons designated by
division (B)(1) of section 918.10 of the Revised Code,
exchanging,
negotiating, or soliciting the sale, resale, exchange, or
transfer
of any animals in an amount of more than two hundred
fifty head of
cattle, horses, or other equidae or five hundred
head of sheep,
goats, or other bovidae or, swine and other suidae or, poultry,
alpacas, or
llamas
during any one calendar year. "Dealer" or
"broker" does not mean any
of the
following:
(1) Any railroad or other carrier transporting animals
either
interstate or intrastate;
(2) Any person who by dispersal sale is permanently
discontinuing the business of farming, dairying, breeding,
raising, or feeding animals;
(3) Any person who sells livestock that has been raised
from
birth on the premises of the person;
(4) Any person who buys or receives animals for grazing or
feeding purposes at a premises owned or controlled by the
person
and sells or disposes of the animals after the minimum
grazing
or
feeding period of thirty days;
(5) Any person who places livestock in facilities other
than
the person's own pursuant to a written agreement for
feeding
or
finishing, provided that the person retains legal and equitable
title
to the livestock during the term of the agreement;
(6) Any poultry dealer that is certified by the animal and
plant health inspection service in the United States department of
agriculture as a participant in the national poultry improvement
plan.
The exemptions set forth in divisions (B)(1) to (5)(6)
of
this
section are
exclusive of those activities requiring
licensure
under this chapter, so that
a person shall be deemed to
be a
dealer or broker or subject to divisions
(B)(1) to
(5)(6)
of this
section, but shall not be, or be subject to, both.
No
person who
is a licensed dealer or broker and whose license is
suspended
shall have livestock or animals exempted pursuant to
divisions
(B)(1) to (5)(6)
of this section.
(C) "Employee" means any person employed by a dealer or
broker to act in the dealer's or broker's behalf to buy,
sell,
exchange, negotiate, or
solicit sale or resale of animals in the
dealer's or broker's
name.
(D) "Small dealer" means any person found by the department
buying, receiving, selling, slaughtering, with the exception of
those persons designated by division (B)(1) of section 918.10 of
the Revised Code, exchanging, negotiating, or soliciting the sale,
resale, exchange, or transfer of any animals in an amount of two
hundred fifty head or less of cattle, horses, or other equidae or
five hundred head or less of sheep, goats, or other bovidae, swine
or other suidae, poultry, alpacas, or llamas during any one
calendar year.
Sec. 943.02. (A) No person shall act as a small dealer,
dealer, or broker
without first being licensed. No person shall be
an employee of
more than one small dealer, dealer, or broker.
Except as provided in division (B) of this
section, no person
holding a license as a small dealer,
dealer, or broker shall be an
employee. No employee shall act for
any small dealer, dealer, or
broker unless the small dealer, dealer, or broker is licensed,
and
has designated the employee to act in his the small dealer's,
dealer's, or
broker's behalf and has
notified the department of
agriculture in his the application
for
license or has given
official notice in writing of the
appointment of the employee. The
small dealer, dealer, or broker shall be
accountable and
responsible for all contracts pertaining to the
purchase,
exchange, or sale of livestock made by the employee.
The small
dealer, dealer, or broker who terminates the services of an
employee
shall notify the department in writing of the employee's
termination. No person who is a licensed small dealer, dealer, or
broker shall have
livestock exempted pursuant to divisions (B)(1)
through (5) to (6) of section 943.01
of the Revised Code.
(B) A small dealer, dealer, or broker may be an employee of
other small dealers, dealers, or brokers only
when he the small
dealer, dealer, or broker so employed is a soliciting agent
for a
video auction.
(C) The director of agriculture shall define by rule
"soliciting agent" and
"video auction" for the purposes of this
section.
Sec. 943.031. (A) Application for a license as a small
dealer shall be made in writing to the department of agriculture.
The application shall state the nature of the business, the
municipal corporation or township, county, and post-office address
of the location where the business is to be conducted, the name of
any employee who is authorized to act in the small dealer's
behalf, and any additional information that the department
prescribes.
(B) The applicant shall satisfy the department of the
applicant's character and good faith in seeking to engage in the
business of a small dealer. The department then shall issue to the
applicant a license to conduct the business of a small dealer at
the place named in the application. Licenses, unless revoked,
shall expire annually on the thirty-first day of March and shall
be renewed according to the standard renewal procedure established
in sections 4745.01 to 4745.03 of the Revised Code.
(C) No license shall be issued by the department to a small
dealer having weighing facilities until the applicant has filed
with the department a copy of a scale test certificate showing the
weighing facilities to be in satisfactory condition, a copy of the
license of each weigher employed by the applicant, and a
certificate of inspection by the department showing livestock
market facilities to be in satisfactory sanitary condition.
(D) No licensed small dealer shall employ as an employee a
person who, as a small dealer, dealer, or broker, previously
defaulted on contracts pertaining to the purchase, exchange, or
sale of livestock until the licensee does both of the following:
(1) Appears at a hearing before the director of agriculture
or the director's designee conducted in accordance with Chapter
119. of the Revised Code pertaining to that person;
(2) Signs and files with the director an agreement that
guarantees, without condition, all contracts pertaining to the
purchase, exchange, or sale of livestock made by the person while
in the employ of the licensee. The director shall prescribe the
form and content of the agreement.
Sec. 943.04. (A) Fees for the initial issuance of any license
issued pursuant to sections 943.02 and, 943.03, and 943.031 of the
Revised
Code, shall be paid to the department of agriculture.
(B) All annual renewal fees for such the licenses shall be
paid by
the applicant for such the renewal of a license on or
before the thirty-first day
of March of each year to the treasurer
of state. Such Except for license fees for small dealers, the fees
shall
be based on the number of head of livestock purchased, sold,
or
exchanged, in this state, whichever is the greatest, during the
preceding calendar year. Such Those fees for dealers or brokers
shall
be as follows:
Less than 1,000 head .......... $10.00 $50.00 per
annum;
For 1,001 to 10,000 head .......... $25.00 $125.00 per annum;
For more than 10,000 head .......... $50.00 $250.00 per
annum.
In the event a dealer or broker operates more than one
place
where livestock is purchased, sold, or exchanged, a fee
shall be
paid for each such place;, but only the original
purchase, sale,
or exchange shall be counted in computing the
amount of the fee to
be paid for each such place operated by such the
dealer or broker.
Shipment between yards owned or operated by
such the dealer or
broker shall be exempt.
A late fee of one hundred dollars shall be paid for each
dealer or broker license renewal application that is received
after the thirty-first day of March each year.
(C)(1) A fee of twenty-five dollars shall be paid by each
small dealer.
If a small dealer operates more than one place where
livestock is purchased, sold, or exchanged, a fee shall be paid
for each place, but only the original purchase, sale, or exchange
shall be counted in computing the amount of fee to be paid for
each place operated by the small dealer. Shipment between yards
owned or operated by the small dealer shall be exempt.
(2) A late fee of twenty-five dollars shall be paid for each
small dealer license renewal application that is received after
the thirty-first day of March each year.
(D) A fee of twenty dollars shall be paid by each employee
that is appointed by a small dealer, dealer, or broker as provided
in section 943.02 of the Revised Code.
(E) A fee of five ten dollars shall be paid by each licensed
weigher.
(F) All fees and charges money collected under section 943.03
of the
Revised Code, and under this section shall be paid into the
state
treasury, and shall be credited to the general revenue
animal and consumer analytical laboratory fund created in section
901.43 of the Revised Code.
Sec. 943.05. (A) The director of agriculture may refuse to
grant or may suspend a small dealer's, dealer's, or broker's
license, without
prior hearing, when he determines after
determining from
evidence presented to him the director
that there
is reasonable cause to believe any of the following
situations
exist:
(1) Where the applicant or licensee or an employee has
violated the laws of the state or official regulations governing
the interstate or intrastate movement, shipment, or
transportation
of animals, or has been convicted of a crime involving moral
turpitude or convicted of a felony;
(2) Where there have been false or misleading statements
as
to the health or physical condition of the animals with regard
to
official tests or quantity of animals, or the practice of
fraud or
misrepresentation in connection therewith or in the
buying or
receiving of animals or receiving, selling, exchanging,
soliciting, or negotiating the sale, resale, exchange, weighing,
or shipment of animals;
(3) Where the applicant or licensee acts as a small dealer,
dealer, or
broker for a person attempting to conduct business in
violation
of section 943.02 of the Revised Code, after the notice
of the violation has
been given to the licensee by the department
of agriculture;
(4) Where the applicant or licensee or employee fails to
practice measures of sanitation, disinfection, and inspection as
required by sections 943.01 to 943.18 of the Revised Code, or
prescribed by the department, of premises or vehicles used for
the
yarding, holding, or transporting of animals;
(5) Where there has been a failure to keep records
required
by the department or where there is a refusal on the
part of the
applicant or licensee or employee to produce records
of
transactions in the carrying on of the business for which the
license is
granted;
(6) Where the applicant or licensee providing weighing
facilities used for, in connection with, or incident to the
purchase or sale of livestock for the account of the licensee or
others, fails to maintain and operate the weighing facilities in
accordance with sections 943.08 and 943.10 of the Revised Code;
(7) Where the applicant or licensee in the conduct of the
business covered by the license fails to maintain and operate
weighing facilities in accordance with sections 943.08 and 943.10
of the Revised Code or fails to cause its livestock to be weighed
by licensed weighers as provided in those sections;
(8) Where With regard to a dealer or broker licensee, where
the licensee fails to maintain a bond or
deposit, or letter of
credit, if applicable, or fails to adjust
the bond or deposit upon
thirty days' notice or refuses or
neglects to pay the fees or
inspection charges required to be
paid;
(9) Where the licensee has been suspended by order of the
secretary of agriculture of the United States department of
agriculture under provisions of the "Packers and Stockyards Act
of
1921," 42 Stat. 159, 7 U.S.C.A. 181, as amended;
(10) Where With regard to a dealer or broker licensee, where
the surety company, trustee, or issuer of a letter of credit of
the licensee issues a notice of termination of the licensee's bond
agreement,
deposit agreement, or letter of credit.
(B) When the director refuses to grant or suspends a small
dealer's, dealer's, or broker's
license, he the director or his
the director's
designee may hand deliver the order. The licensee
to whom
a suspension order is issued shall be
afforded a hearing
in accordance with Chapter 119. of the Revised
Code, after which
the director shall reinstate, revoke, or suspend for a
longer or
indefinite period the
suspended license.
Sec. 943.06. Every small dealer, dealer, and broker licensed
under section 943.03 or 943.031 of the
Revised Code, as
applicable, and carrying on or conducting business under such that
license, shall
post in a conspicuous place in or at the place of
business of such the licensee a
copy of such the license furnished
by the department of agriculture, to be kept so
posted and exposed
for inspection by any person.
Sec. 943.07. Each small dealer, dealer, or broker leasing,
renting,
operating, or owning livestock yards, pens, premises, or
vehicles
in which animals are quartered, fed, held, or
transported, shall
have a veterinary inspector approved by the
department of
agriculture, inspect, when directed, all such yards,
premises,
and vehicles and shall thoroughly and completely
disinfect all
such yards, pens, premises, and vehicles under the
direction of
the veterinary inspector and as prescribed by the
department.
The cost of such the inspection and disinfection shall
be borne by
such the small dealer, dealer, or broker.
The department shall not require such veterinary inspection
of yards, pens, premises, or other facilities where veterinary
inspection is regularly maintained by the United States
department
of agriculture, or by the municipal corporation in
which the same
are located, or where livestock is transported to
markets or
slaughtering establishments where such inspection is
maintained.
The department may adopt and promulgate adequate sanitary
requirements covering the construction and maintenance of
buildings, pens, and chutes on all premises regularly used for
the
assembling, receiving, handling, feeding, watering, holding,
buying, or selling of livestock, and may prescribe and enforce
rules and regulations for the purpose of carrying into effect
sections 943.01 to 943.18 of the Revised Code. Such Those sections
shall not apply to railroads subject to the "Interstate Commerce
Act of 1887," 24 Stat. 379, 49 U.S.C.A. 1.
Sec. 943.13. The department of agriculture shall require
inspection, tests, and treatments necessary to prevent the spread
of diseases of all animals sold or transferred from pens, yards,
premises, or vehicles by brokers or small dealers, dealers, or
brokers except when such
animals are immediately delivered to a
slaughtering
establishment. Such The inspection, tests, and
treatments shall be
made by a veterinary inspector approved by the
department and
shall be made and reported as prescribed by the
department. The
fees for such that service shall be paid by the
broker or small dealer, dealer, or broker.
This section shall not
apply to a person operating a slaughtering
establishment at which
antemortem veterinary inspection is
regularly maintained.
The director of agriculture, without a prior hearing, may
revoke the approval of a veterinary inspector. A person to whom
an
order of revocation is issued shall be afforded a hearing in
accordance with sections 119.01 to 119.13 of the Revised Code.
Animals sold through a livestock auction market shall be
accompanied by a release as may be prescribed by the department
and issued by the broker or small dealer, dealer, or broker. Such
The
release shall state the
date, number and kind of animals
moved,
point of origin, and
buyer.
Animals sold for slaughter may be identified by an ear tag,
a
livestock paint brand, or other prescribed identification,
whenever the department finds such identification necessary.
Operators of livestock auction markets shall furnish and
maintain cattle chutes suitable for restraining animals for
careful inspection and shall provide suitable laboratory space
for
the veterinary inspector. All swine pens shall be paved and
maintained so that they can be cleaned and disinfected. All
diseased animals shall be segregated by species and held in
designated pens constructed to facilitate cleaning and
disinfecting.
Sec. 943.14. (A) The department of agriculture or any of
its
authorized agents may inspect the records of any licensee or
employee at any time to determine the origin and destination of
any livestock handled by the licensee and to determine if
sections
943.01 to 943.18 of the Revised Code, or the rules
promulgated
adopted thereunder, have been violated.
(B) A small dealer, dealer, or broker, employee, or person
described in division (B)(4) of
section 943.01 of the Revised
Code, who acquires or
disposes of an animal by any means, shall
make a record of the name
and address of the person from whom the
animal was acquired and
to whom disposed. The record also shall
show the individual
identification of each animal at the time of
acquisition or
disposal. These records shall be maintained for a
period of
twenty-four months or longer from the date of
acquisition or
disposal.
(C) The individual identification in division (B) of this
section shall be in a manner or form approved by the department.
(D) A person who is a soliciting agent for a video auction
pursuant to
division (B) of section 943.02 of the Revised Code
shall maintain records in a
manner or form approved by the
department.
Sec. 953.23. (A) Application for a license shall be made
to
the department of agriculture on a form prescribed by the
department.
(B) Each application shall include all of the following:
(1) The name and address of the applicant;
(2) The applicant's proposed place of business;
(3) A detailed statement of the method that the applicant
intends to use to dispose of, pick up, render, or collect raw
rendering material or to transport it to a composting facility;
(4) Such other relevant information as the department may
require.
(C) Each applicant shall submit the annual license fee
with
his the application.
(1) The license fee for a person applying for
an annual
license to pick up or collect raw rendering material
and dispose
of the material to a licensee or in accordance with
divisions (B)
and (C) of section 953.26 of the Revised Code, or to transport
raw
rendering material to a composting facility, is
twenty-five
dollars per vehicle that is used to pick up or collect and dispose
of or to transport raw rendering material. A late fee of ten
dollars per vehicle shall be charged for each application that is
received after the thirtieth day of November each year.
(2) The license fee for a person applying for
an annual
license to pick up or collect raw rendering material
and to
operate one or more rendering plants is one three hundred
dollars
for each such plant. A late fee of one hundred dollars shall be
charged for each application that is received after the thirtieth
day of November each year.
(D) On receipt of an application and fee, under this
section,
the department shall inspect the means of conveyance and
premises
that the applicant proposes to use to dispose of,
collect, pick
up, or render raw rendering material or to transport it to a
composting facility for profit.
(E) If the department finds that the applicant's means of
conveyance, premises, and operation meet the requirements of this
chapter and rules adopted thereunder, the department
shall issue a
license to the applicant to dispose of, pick up,
render, or
collect for profit raw rendering material or to transport it to a
composting facility for profit.
(F) Each license issued under this section shall expire on
the thirty-first day of December of each year. Each person
licensed under this section shall make application for renewal of
his the person's license no later than the thirtieth day of
November of each
year.
(G) Application for renewal shall be in accordance with
the
requirements of this section for initial application for a
license
and the standard renewal procedure of sections 4745.01 to
4745.03
of the Revised Code.
(H) All money collected under this section shall be credited
to the animal and consumer analytical laboratory fund created in
section 901.43 of the Revised Code.
Sec. 955.201. (A) As used in this section and in section
955.202
of the Revised Code, "Ohio pet fund" means a
nonprofit
corporation organized by that name under Chapter 1702. of
the
Revised Code that consists of humane societies,
veterinarians,
animal
shelters, companion animal breeders, dog wardens, and
similar
individuals and entities.
(B) The Ohio pet fund shall do all of the
following:
(1) Establish eligibility criteria for organizations that may
receive financial assistance from the pets program funding board
created in section
955.202
of the Revised Code. Those
organizations may include any of
the
following:
(a) An animal shelter as defined in section 4729.01 of the
Revised Code;
(b) A local nonprofit veterinary association that operates a
program for the sterilization of dogs and cats;
(c) A charitable organization that is exempt from federal
income
taxation under subsection 501(c)(3) of the Internal
Revenue
Code and the primary purpose of which is
to support programs for
the
sterilization of dogs and cats and educational programs
concerning the
proper veterinary care of those animals.
(2) Establish procedures for applying for financial
assistance
from the pets program funding board. Application
procedures shall require
eligible organizations to submit detailed
proposals that outline the intended
uses of the moneys sought.
(3) Establish eligibility criteria for sterilization and
educational programs for which moneys from the pets program
funding board may be
used and, consistent with division
(C)
of
this section, establish eligibility criteria for individuals who
seek
sterilization for their dogs and cats from eligible
organizations;
(4) Establish procedures for the disbursement of moneys the
pets program funding board receives from license plate
contributions pursuant to division (C) of section 4503.551 of the
Revised Code;
(5) Advertise or otherwise provide notification of the
availability of financial assistance from the pets program funding
board for eligible
organizations;
(6) Design markings to be inscribed on "pets" license plates
under
section 4503.551 of the Revised Code.
(C)(1) The owner of a dog or cat is eligible for dog or cat
sterilization services from an eligible organization when those
services are
subsidized in whole or in part by
money from the pets
program funding board if any of the following
applies:
(a) The income of the owner's family does not exceed one
hundred
fifty per cent of the federal poverty guideline.
(b) The owner, or any member of the owner's family who
resides with the owner, is a recipient or beneficiary of one of
the following government assistance programs:
(i) Low-income housing assistance under the "United States
Housing Act of 1937," 42 U.S.C.A. 1437f, as amended, known as the
federal section 8 housing program;
(ii) The Ohio works first program established by Chapter
5107. of the Revised Code;
(iii) Title XIX of the "Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A. 301, as amended, known as the medical
assistance program or medicaid, provided by the department of job
and family services under Chapter 5111. of the Revised Code;
(iv) A program or law administered by the United States
department of veterans' affairs or veterans' administration for
any service-connected disability;
(v) The food stamp supplemental nutrition assistance program
established under the "Food Stamp and Nutrition Act of 1977," 91
Stat. 958, 2008 (7 U.S.C.A. 2011, as amended, et seq.)
administered by the department of job and family services under
section 5101.54 of the Revised Code;
(vi) The "special supplemental nutrition program for women,
infants, and children" established under the "Child Nutrition Act
of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended, administered
by the department of health under section 3701.132 of the Revised
Code;
(vii) Supplemental security income under Title XVI of the
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as
amended;
(viii) Social security disability insurance benefits provided
under Title II of the "Social Security Act," 49 Stat. 620 (1935),
42 U.S.C.A. 401, as amended.
(c) The owner of the dog or cat submits to the eligible
organization operating the sterilization program either of the
following:
(i) A certificate of adoption showing that the dog or cat was
adopted from a licensed animal shelter, a municipal, county, or
regional pound, or a holding and
impoundment facility that
contracts with a municipal corporation;
(ii) A certificate of adoption showing that the dog or cat
was
adopted through a nonprofit corporation operating an animal
adoption referral service whose
holding facility, if any, is
licensed in accordance with state law or a municipal
ordinance.
(2) The Ohio pet fund shall determine the type of documentary
evidence that must be presented by the owner of a dog or cat to
show that the income of the owner's family does not exceed one
hundred fifty per cent of the federal poverty guideline or that
the owner is eligible under division (C)(1)(b) of this section.
(D) As used in division (C) of this section, "federal
poverty
guideline" means the official poverty guideline as revised
annually by
the United States department of health and human
services
in accordance with section 673(2) of the "Omnibus Budget
Reconciliation Act of 1981," 95
Stat. 511, 42 U.S.C.A. 9902, as
amended, for a family size equal to the size of the family of the
person
whose income is being determined.
Sec. 1322.03. (A) An application for a certificate of
registration as a mortgage broker shall be in writing, under
oath,
and in the form prescribed by the superintendent of
financial
institutions. The application shall
be accompanied by
a
nonrefundable application fee of three five hundred fifty dollars
for
each
location
of an office to be maintained by the applicant
in
accordance with
division (A) of section 1322.02 of the Revised
Code; however, an applicant that is registered under sections
1321.51 to 1321.60 of the Revised Code shall not be required to
pay an application fee. The application shall
provide all
of the
following:
(1) The location or locations where the business is to be
transacted
and whether any location is a residence. If any
location
where the business is to be transacted is a residence,
the
application shall be accompanied by a certified copy of a
zoning
permit authorizing the use of the residence for commercial
purposes, or shall be accompanied by a written opinion or other
document issued by the county or political subdivision where the
residence is located certifying that the use of the residence to
transact business as a mortgage broker is not prohibited by the
county or political subdivision. The application also
shall be
accompanied by a photograph of
each location at which the business
will be transacted.
(2)(a) In the case of a sole proprietor, the name and
address
of the sole
proprietor;
(b) In the case of a partnership, the name and
address of
each partner;
(c) In the case of a corporation, the name and
address of
each shareholder owning five per cent or more of the
corporation;
(d) In the case of any other entity, the name
and address of
any person that owns five per cent or more of the
entity that will
transact business as a mortgage broker.
(3) If the applicant is a partnership,
corporation, limited
liability
company, or any other
business entity
or association,
the
applicant
shall designate
an employee or owner of the
applicant as the applicant's operations
manager. While
acting as
the operations manager, the employee or owner shall not
be
employed by any other mortgage broker.
(4) Evidence that
the sole proprietor or
the person
designated on
the application pursuant to division (A)(3) of this
section, as
applicable, possesses at
least three years of
experience in
the
mortgage and
lending field, which experience may
include
employment with or as a mortgage
broker or with a
financial
institution, mortgage lending institution, or other
lending
institution, or possesses at least three years of other
experience
related specifically to the business of mortgage loans
that the
superintendent determines meets the requirements of
division
(A)(4) of this section;
(5) On or after January 1, 2007, evidence that the sole
proprietor or the person designated on the application pursuant to
division (A)(3) of this section has successfully completed either
of the following:
(a) At least twenty-four hours of live classroom instruction
in a course or program of study approved by the superintendent
that consists of at least all of the following:
(i) Four hours of instruction concerning state and federal
mortgage lending laws, which shall include no less than two hours
on this chapter;
(ii) Four hours of instruction concerning the Ohio consumer
sales practices act, Chapter 1345. of the Revised Code, as it
applies to registrants and licensees;
(iii) Four hours of instruction concerning the loan
application process;
(iv) Two hours of instruction concerning the underwriting
process;
(v) Two hours of instruction concerning the secondary market
for mortgage loans;
(vi) Four hours of instruction concerning the loan closing
process;
(vii) Two hours of instruction covering basic mortgage
financing concepts and terms;
(viii) Two hours of instruction concerning the ethical
responsibilities of a registrant, including with respect to
confidentiality, consumer counseling, and the duties and standards
of care created in section 1322.081 of the Revised Code.
(b) Other post-secondary education related specifically to
the business of mortgage loans that the superintendent determines
meets the requirements of division (A)(5)(a) of this section.
Division (A)(5) of this section does not apply to any
applicant who has an application on file with the division of
financial institutions prior to January 1, 2007.
The evidence submitted by the applicant pursuant to division
(A)(5) of this section may be in the form of transcripts or a
statement indicating that the applicant has, and will maintain,
transcripts at the applicant's place of business for a period of
five years for inspection by the superintendent at the
superintendent's request.
(6) Evidence of compliance with the surety bond
requirements
of section 1322.05 of the Revised Code and with sections 1322.01
to 1322.12 of the Revised Code;
(7) In the case of a foreign
business entity,
evidence that
it
maintains a license
or registration pursuant to
Chapter 1703.,
1705., 1775., 1776., 1777., 1782., or 1783. of the Revised
Code
to
transact business in this state;
(8) A statement
as to whether the applicant
or, to the
best
of the applicant's knowledge, any
shareholder, member,
partner,
operations manager, or
employee of the applicant has
been
convicted
of
or pleaded
guilty to
any criminal offense
involving
theft, receiving stolen
property, embezzlement,
forgery, fraud,
passing bad checks, money
laundering, or drug
trafficking, or any
criminal offense involving
money or
securities;
(9)
A statement as to whether the applicant or, to the best
of the applicant's knowledge, any
shareholder, member, partner,
operations manager, or
employee of the applicant has been subject
to any adverse judgment
for conversion, embezzlement,
misappropriation of funds, fraud,
misfeasance or malfeasance, or
breach of fiduciary duty;
(10) Evidence that the applicant's operations manager has
successfully completed the examination required under division (A)
of section 1322.051 of the Revised Code;
(11) Any further information that the superintendent
requires.
(B) Upon the filing of the application and payment of the
application fee, the superintendent of financial institutions
shall investigate the
applicant as set forth in division (B) of
this section.
(1) The superintendent shall request the superintendent of
the bureau of criminal identification and investigation, or a
vendor approved by the bureau, to conduct a criminal records
check
based on the applicant's fingerprints in accordance with division
(A)(11) of section 109.572 of the Revised Code. Notwithstanding
division (K) of section 121.08 of the Revised Code, the
superintendent of financial institutions shall request that
criminal record information from the federal bureau of
investigation be obtained as part of the criminal records check.
Any fee required under division (C)(3) of section 109.572 of the
Revised Code shall be paid by the applicant.
(2) The superintendent shall conduct a civil
records check.
(3) If, in order to issue a certificate of
registration
to
an
applicant, additional investigation by the
superintendent
outside
this
state is necessary, the superintendent may require
the
applicant
to advance sufficient funds to pay the actual
expenses
of the
investigation, if it appears that these expenses
will
exceed three five
hundred
fifty dollars. The superintendent shall
provide the
applicant
with an itemized statement of the actual
expenses that
the
applicant is required to pay.
(C) The superintendent shall pay all funds advanced and
application and renewal fees
and
penalties the superintendent
receives pursuant to this section and
section
1322.04
of
the
Revised Code to the
treasurer of state to the credit of the
consumer
finance fund
created in section 1321.21 of the Revised
Code.
(D)
If an application for a certificate of registration
does
not contain all of the information required under division
(A) of
this section, and if that information is not submitted to
the
superintendent within ninety days after the superintendent
requests the information in writing, the superintendent may
consider the application withdrawn.
(E) A certificate of registration and the authority granted
under that certificate is not transferable or assignable and
cannot be franchised by contract or any other means.
(F) The registration requirements of this chapter apply to
any person acting as a mortgage broker, and no person is exempt
from the requirements of this chapter on the basis of prior work
or employment as a mortgage broker.
Sec. 1322.031. (A) An application for a license as a loan
officer shall be in writing, under oath, and in the form
prescribed by the superintendent of financial institutions. The
application shall be accompanied by a nonrefundable application
fee of one hundred fifty dollars and shall provide all of the
following:
(1) The name and address of the applicant;
(2) A statement as to whether the applicant has been
convicted of
or pleaded guilty to any criminal offense involving
theft,
receiving stolen property, embezzlement, forgery, fraud,
passing
bad checks, money laundering, or drug trafficking, or any
criminal
offense involving money or securities;
(3) A statement as to whether the applicant has been subject
to
an adverse judgment for conversion, embezzlement,
misappropriation
of funds, fraud, misfeasance or malfeasance, or
breach of
fiduciary duty;
(4) For loan officer applications submitted on or after
January 1, 2007, proof, as determined by the superintendent, that
the applicant has successfully completed at least twenty-four
hours of live classroom instruction in a course or program of
study approved by the superintendent that consists of at least all
of the following:
(a) Four hours of instruction concerning state and federal
mortgage lending laws, which shall include no less than two hours
on this chapter;
(b) Four hours of instruction concerning the Ohio consumer
sales practices act, Chapter 1345. of the Revised Code, as it
applies to registrants and licensees;
(c) Four hours of instruction concerning the loan application
process;
(d) Two hours of instruction concerning the underwriting
process;
(e) Two hours of instruction concerning the secondary market
for mortgage loans;
(f) Four hours of instruction concerning the loan closing
process;
(g) Two hours of instruction covering basic mortgage
financing concepts and terms;
(h) Two hours of instruction concerning the ethical
responsibilities of a licensee, including with respect to
confidentiality, consumer counseling, and the duties and standards
of care created in section 1322.081 of the Revised Code.
Division (A)(4) of this section does not apply to any
applicant who has an application on file with the division of
financial institutions prior to January 1, 2007.
The proof submitted by the applicant pursuant to division
(A)(4) of this section may be in the form of transcripts or a
statement indicating that the applicant has, and will maintain,
transcripts at the applicant's place of business for a period of
five years for inspection by the superintendent at the
superintendent's request.
(5) Any further information that the superintendent
requires.
(B) Upon the filing of the application and payment of the
application fee, the superintendent of financial institutions
shall investigate the
applicant as set forth in division (B) of
this section.
(1) The superintendent shall request the superintendent of
the bureau of criminal identification and investigation, or a
vendor approved by the bureau, to conduct a criminal records
check
based on the applicant's fingerprints in accordance with division
(A)(11) of section 109.572 of the Revised Code. Notwithstanding
division (K) of section 121.08 of the Revised Code, the
superintendent of financial institutions shall request that
criminal record information from the federal bureau of
investigation be obtained as part of the criminal records check.
Any fee required under division (C)(3) of section 109.572 of the
Revised Code shall be paid by the applicant.
(2) The superintendent shall conduct a civil
records check.
(3) If, in order to issue a license to an applicant,
additional
investigation by the superintendent outside this state
is
necessary, the superintendent may require the applicant to
advance
sufficient funds to pay the actual expenses of the
investigation,
if it appears that these expenses will exceed one
hundred fifty dollars.
The superintendent shall provide the
applicant with an
itemized
statement of the actual expenses that
the applicant is
required to
pay.
(C) The superintendent shall pay all funds advanced and
application and renewal fees and
penalties the superintendent
receives pursuant to this section and
section 1322.041 of
the
Revised Code to the
treasurer of state to the credit of the
consumer finance fund
created in section 1321.21 of the Revised
Code.
(D) If an application for a license does not contain all of
the information required under division (A) of this section, and
if that information is not submitted to the superintendent within
ninety days after the superintendent requests the information in
writing, the superintendent may consider the application
withdrawn.
(E)(1) The business of a loan officer shall principally be
transacted at an office of the employing mortgage broker, which
office is
registered in accordance with division (A) of section
1322.02
of the Revised Code. Each original license shall be
deposited
with and maintained by the employing mortgage broker at
the
mortgage broker's main office. A copy of the license shall be
maintained and displayed at the office where the loan officer
principally
transacts business.
(2) If a loan officer's employment is terminated, the
mortgage
broker shall return the original license to the
superintendent
within five business days after the termination.
The licensee may
request the transfer of the license to another
mortgage broker by
submitting a relocation application, along with
a fifteen dollar
fee, to the superintendent or may request the
superintendent in
writing to hold the license in escrow for a
period not to exceed
one year. Any licensee whose license is held
in escrow shall
cease activity as a loan officer.
A mortgage broker may employ a loan officer on a temporary
basis pending the transfer of the loan officer's license to the
mortgage broker, if the mortgage broker receives written
confirmation from the superintendent that the loan officer is
licensed under sections 1322.01 to 1322.12 of the Revised Code.
(F)
A license, or the authority granted under that license,
is
not assignable and cannot be franchised by
contract or any
other means.
Sec. 1322.04. (A) Upon the conclusion of the
investigation
required under division (B) of section 1322.03 of
the Revised
Code, the superintendent of financial
institutions shall issue a
certificate of registration
to the applicant if
the
superintendent
finds that the following conditions are met:
(1)
Except as otherwise provided in division (A) of
section
1322.03 of the
Revised Code, the The application is accompanied
by
the
application fee. If a check or other draft instrument is
returned
to
the superintendent for insufficient funds, the
superintendent
shall notify the registrant by certified mail,
return receipt
requested, that the certificate of registration
issued in reliance
on the check or other draft instrument will be
canceled unless the
registrant, within thirty days after receipt
of the notice,
submits the application fee and a
one-hundred-dollar penalty to
the superintendent. If the
registrant does not submit the
application fee and penalty within
that time period, or if any
check or other draft instrument used
to pay the fee or penalty is
returned to the superintendent for
insufficient funds, the
certificate of registration shall be
canceled immediately without
a hearing, and the registrant shall
cease activity as a mortgage
broker.
(2) If the application is for a location that is a
residence,
that the applicant has obtained a valid zoning permit
authorizing
the use of the residence for commercial purposes, or
has obtained
a valid written opinion or other document
issued by
the county or
political subdivision where the
residence is located
certifying
that the use of the residence to
transact business as a
mortgage
broker is not prohibited by the
county or political
subdivision.
The
application also is accompanied by a photograph
of each
location at which the mortgage broker's business will be
transacted.
(3) The sole proprietor
or
the person designated on
the
application pursuant to division
(A)(3) of section 1322.03 of the
Revised
Code, as
applicable, meets the
experience requirements
provided in division
(A)(4) of section
1322.03 of the Revised
Code
and the education requirements set forth in division (A)(5) of
section 1322.03 of the Revised Code.
(4)
The applicant
maintains
all licenses and registrations
required by the secretary of state.
(5) The applicant complies with the surety bond
requirements
of section 1322.05 of the Revised Code.
(6) The applicant complies with sections 1322.01 to
1322.12
of the Revised Code.
(7)
Neither the applicant
nor any shareholder, member,
partner, operations manager, or employee of the
applicant has
pleaded guilty to or been
convicted of
any
criminal offense
described in division (A)(8) of
section 1322.03 of the
Revised
Code or any violation of an existing or former law of this state,
any other state, or the United States that substantially is
equivalent to a criminal offense described in that division.
However, if the applicant or any of those other persons
has
pleaded guilty to or been convicted of any such offense other than
theft, the superintendent shall not consider the offense if the
applicant has proven to the superintendent, by a preponderance of
the evidence, that the applicant's or other person's activities
and employment record since the conviction show that the applicant
or other person is honest, truthful, and of good reputation, and
there is no basis in fact for believing that the applicant or
other person will commit such an offense again.
(8)
Neither the applicant nor any shareholder, member,
partner, operations manager, or employee of the
applicant has been
subject to any adverse judgment for conversion,
embezzlement,
misappropriation of funds, fraud, misfeasance or
malfeasance, or
breach of fiduciary duty, or, if the applicant or any of those
other persons has been subject to such a judgment, the applicant
has proven to the superintendent, by a preponderance of the
evidence, that the applicant's or other person's activities and
employment record since the judgment show that the applicant or
other person is honest, truthful, and of good reputation, and
there is no basis in fact for believing that the applicant or
other person will be subject to such a judgment again.
(9) The applicant's operations manager successfully completed
the examination required under division (A) of section 1322.051 of
the Revised Code.
(10) The applicant's financial responsibility, experience,
character, and general fitness command the confidence of the
public and warrant the belief that the business will be operated
honestly and fairly in compliance with the purposes of sections
1322.01 to 1322.12 of the Revised Code.
For purposes of determining whether an applicant that is a
partnership, corporation, or other
business entity
or association
has
met the conditions set forth in
divisions (A)(7),
(A)(8), and
(A)(10) of this
section, the superintendent shall
determine which
partners,
shareholders, or persons named in the
application
pursuant to
division
(A)(2) of section 1322.03 of
the
Revised
Code
must meet the conditions set forth in
divisions (A)(7), (A)(8),
and (A)(10) of
this section. This
determination shall be based on
the extent
and nature of the
partner's, shareholder's, or
person's
ownership interest
in the
partnership, corporation, or
other
business entity
or association
that
is the applicant.
(B) The certificate of registration issued pursuant to
division (A) of this section may be renewed annually on or before
the thirtieth day of April
if the superintendent
finds that all
of
the following conditions are met:
(1) The renewal application is accompanied by a
nonrefundable
renewal fee of three five hundred
fifty dollars for
each location
of an
office to be maintained
by the applicant in
accordance with
division (A) of section
1322.02 of the Revised
Code; however, an
applicant that is registered under sections
1321.51 to 1321.60 of
the Revised Code shall not be required to
pay a renewal fee. If a
check or other draft instrument is
returned to the superintendent
for insufficient funds, the
superintendent shall notify the
registrant by
certified mail,
return receipt requested, that the
certificate of
registration
renewed in reliance on the check or
other draft
instrument will be
canceled unless the registrant,
within thirty
days after receipt
of the notice, submits the
renewal fee and a
one-hundred-dollar
penalty to the
superintendent. If the
registrant does not submit
the renewal fee
and penalty within that
time period, or if any
check or other
draft instrument used to pay
the fee or penalty is
returned to the
superintendent for
insufficient funds, the
certificate of
registration shall be
canceled immediately without
a hearing and
the registrant shall
cease activity as a mortgage
broker.
(2) On and after January 1, 2003, the operations manager
designated under division (A)(3) of section 1322.03 of the Revised
Code has completed, during the immediately preceding calendar
year, at least six hours of continuing education as required under
section 1322.052 of the Revised Code.
(3) The applicant meets the conditions set forth in
divisions
(A)(2) to
(10) of this section.
(4) The applicant's certificate of
registration is not
subject to an order of suspension or
revocation by the
superintendent.
(C)(1) Subject to division (C)(2) of this section, if a
renewal fee is
received by the
superintendent after
the thirtieth
day of April, the certificate of
registration shall
not be
considered renewed, and the applicant shall cease activity
as a
mortgage broker and apply for a certificate of registration
as a
mortgage broker.
(2) Division (C)(1) of
this section shall not apply if
the
applicant, no later than the
thirty-first day of May, submits
the
renewal fee and a
one-hundred-dollar penalty to the
superintendent.
(D) If
the person
designated
as the operations manager
pursuant to division (A)(3)
of
section 1322.03 of the Revised
Code
is no longer
the operations manager, the
registrant
shall do all
of the
following:
(1) Designate another
person as
the operations
manager;
(2) Within ten days after the
designation described in
division
(D)(1)
of this section, notify the superintendent in
writing of
the designation;
(3) Submit any additional
information that the
superintendent
requires to establish that
the newly designated
operations manager
complies with the
experience requirements set
forth in division
(A)(4) of section 1322.03 of
the Revised
Code.
Sec. 1322.041. (A) Upon the conclusion of the investigation
required under division (B) of section 1322.031 of the Revised
Code, the superintendent of financial institutions shall issue a
loan officer license to the applicant if the superintendent finds
that the following conditions are met:
(1) The application is accompanied by the application fee.
If
a check or other draft instrument is returned to the
superintendent for insufficient funds, the
superintendent shall
notify the licensee by certified mail, return
receipt requested,
that the license issued in reliance on the
check or other draft
instrument will be canceled unless the
licensee, within thirty
days after receipt of the notice, submits
the application fee and
a one-hundred-dollar penalty to the
superintendent. If the
licensee does not submit the application
fee and penalty within
that time period, or if any check or other
draft instrument used
to pay the fee or penalty is returned to the
superintendent for
insufficient funds, the license shall be
canceled immediately
without a hearing, and the licensee shall
cease activity as a loan
officer.
(2) The applicant complies with sections 1322.01 to 1322.12
of the Revised Code.
(3) The applicant has not been convicted of or pleaded
guilty
to any criminal offense described in division (A)(2) of
section
1322.031 of the Revised Code and the applicant has not pleaded
guilty to or been convicted of a violation of an existing or
former law of this state, any other state, or the United States
that substantially is equivalent to a criminal offense described
in that division. However, if the applicant has
been convicted of
or pleaded guilty to any such offense other than theft, the
superintendent shall not consider the offense if the
applicant has
proven to the superintendent, by a preponderance of
the evidence,
that the applicant's activities and employment
record since the
conviction show that the applicant is honest,
truthful, and of
good reputation, and there is no basis in fact
for believing that
the applicant will commit such an offense
again.
(4) The applicant has not been subject to an adverse judgment
for conversion, embezzlement, misappropriation of funds, fraud,
misfeasance or malfeasance, or breach of fiduciary duty, or, if
the applicant has been subject to such a judgment, the applicant
has proven to the superintendent, by a preponderance of the
evidence, that the applicant's activities and employment record
since the judgment show that the applicant is honest, truthful,
and of good reputation, and there is no basis in fact for
believing that the applicant will be subject to such a judgment
again.
(5) The applicant successfully completed the examination
required under division (B) of section 1322.051 of the Revised
Code and the education requirements set forth in division (A)(4)
of section 1322.031 of the Revised Code.
(6) The applicant's character and general fitness command the
confidence of the public and warrant the belief that the business
will be operated honestly and fairly in compliance with the
purposes of sections 1322.01 to 1322.12 of the Revised Code.
(B) The license issued under division (A) of this
section
may
be renewed annually on or before the thirtieth day of
April if
the
superintendent finds that all of the following
conditions are
met:
(1) The renewal application is accompanied by a
nonrefundable
renewal fee of one hundred fifty dollars. If a check or
other
draft
instrument is returned to the superintendent for
insufficient
funds, the superintendent shall notify
the licensee
by certified
mail, return receipt requested, that the
license
renewed in
reliance on the check or other draft instrument
will
be
canceled
unless the licensee, within thirty days after
receipt
of
the
notice, submits the renewal fee and a
one-hundred-dollar
penalty
to the superintendent. If the licensee
does not submit
the renewal
fee and penalty within that time
period, or if any
check or other
draft instrument used to pay the
fee or penalty is
returned to the
superintendent for insufficient
funds, the
license
shall be
canceled immediately without a hearing,
and the
licensee
shall
cease activity as a loan officer.
(2) On and after January 1, 2003, the loan officer has
completed, during the immediately preceding calendar year, at
least six hours of continuing education as required under section
1322.052 of the Revised Code.
(3) The applicant meets the conditions set forth in
divisions
(A)(2) to (6) of this section.
(4) The applicant's license is not subject to an order of
suspension or revocation by the superintendent.
(C)(1) Subject to division (C)(2) of this section, if a
license renewal application or renewal fee is
received by the
superintendent after the thirtieth day of April,
the license shall
not be considered renewed, and the applicant
shall cease activity
as a loan officer.
(2) Division (C)(1) of this section shall not apply if the
applicant, no later than the thirty-first day of May, submits the
renewal application and fee and a one-hundred-dollar penalty to
the superintendent.
Sec. 1327.46. (A) As used in sections 1327.46 to 1327.71 of
the Revised Code:
(A) "Weights and measures" means all
weights and measures of
every kind, instruments and devices for
weighing and measuring,
and any appliances and accessories
associated with any such
instruments and devices, except that the
term shall not be
construed to include meters for the measurement
of electricity,
gas, whether natural or manufactured, or water
when the same are
operated in a public utility system. Such
electricity, gas, and
water meters, and appliances or accessories
associated therewith
are specifically excluded from the purview
of the weights and
measures laws.
(B) "Intrastate commerce" means all commerce or trade that
is
begun, carried on, and completed wholly within the limits of
this
state, and "introduced into intrastate commerce" defines the
time
and place in which the first sale and delivery of a
commodity is
made within the state, the delivery being made
either directly to
the purchaser or to a common carrier for
shipment to the
purchaser.
(C) "Package" means any commodity put up or packaged in
any
manner in advance of sale in units suitable for either
wholesale
or retail sale.
(D) "Consumer package" means a package that is customarily
produced or distributed for sale through a retail sales agency
for
consumption by an individual or use by an individual.
(E) "Weight" as used in connection with any commodity
means
net weight.
(F) "Correct" as used in connection with weights and
measures
means conformity with all applicable requirements of
sections
1327.46 to 1327.61 1327.71 of the Revised Code and rules adopted
pursuant to those sections.
(G) "Primary standards" means the physical standards of
the
state that serve as the legal reference from which all other
standards and weights and measures are derived.
(H) "Secondary standards" means the physical standards
that
are traceable to the primary standards through comparisons,
using
acceptable laboratory procedures, and used in the
enforcement of
weights and measures laws and rules.
(I) "Sale from bulk" means the sale of commodities when
the
quantity is determined at the time of sale.
(J) "Net weight" means the weight of a commodity,
excluding
any materials, substances, or items not considered to
be a part of
the commodity. Materials, substances, or items not
considered to
be part of the commodity include, but are not
limited to,
containers, conveyances, bags, wrappers, packaging
materials,
labels, individual piece coverings, decorative
accompaniments, and
coupons.
(K) "Random weight package" means a package that is one of
a
lot, shipment, or delivery of packages of the same commodity
with
no fixed pattern of weights.
(L) "Motor fuel" means any liquid or gaseous matter that is
used individually or blended for the generation of power in an
internal combustion engine.
(M) "ASTM" means the American society for testing and
materials.
(N) "NIST handbook 130" means the national institute of
standards and technology handbook 130 "uniform laws and
regulations
in the areas of legal metrology and engine fuel
quality."
(O) "Petroleum products" means products that are obtained
from the distilling and processing of crude oil and refinery blend
stocks.
(P) "Sold" includes keeping, offering, or exposing for sale.
(Q) "Commercially used weighing and measuring device" means a
device described in the national institute of standards and
technology handbook 44 or its supplements and revisions and any
other weighing and measuring device designated by rules adopted
under section 1327.501 of the Revised Code.
Sec. 1327.50. The director of agriculture shall:
(A) Maintain traceability of the state standards to those
of
the national institute of standards and technology;
(B) Enforce sections 1327.46 to 1327.61 1327.71 of the
Revised
Code;
(C) Issue reasonable rules for the uniform enforcement of
sections 1327.46 to 1327.61 1327.71 of the Revised Code, which
rules
shall
have the force and effect of law;
(D) Establish standards of weight, measure, or count,
reasonable standards of fill, and standards for the voluntary
presentation of cost per unit information for any package;
(E) Grant any exemptions from sections 1327.46 to 1327.61
1327.71
of
the Revised Code, or any rules adopted under those
sections,
when
appropriate to the maintenance of good commercial
practices
in the
state;
(F) Conduct investigations to ensure compliance with
sections
1327.46 to 1327.61 1327.71 of the Revised Code;
(G) Delegate to appropriate personnel any of these
responsibilities for the proper administration of the
director's
office;
(H) Test as often as is prescribed by rule the standards
of
weight and measure used by any municipal corporation or county
within the state, and approve the same when found to be correct;
(I) Inspect and test weights and measures kept, offered,
or
exposed for sale that are sold;
(J) Inspect and test to ascertain if they are correct,
weights and measures commercially used either:
(1) In determining the weight, measure, or count of
commodities or things sold, or offered or exposed for sale, on
the
basis of weight, measure, or count;
(2) In computing the basic charge or payment for goods or
services rendered on the basis of weight, measure, or count.
(K) Test all weights and measures used in checking the
receipt or disbursement of supplies in every institution, for the
maintenance of which funds are appropriated by the general
assembly;
(L) Approve for use, and may mark, such weights and
measures
as the director finds to be correct, and shall
reject and mark as
rejected such weights and measures as the
director finds to be
incorrect.
Weights and measures that have been rejected may be
seized if not
corrected within the time specified or if used or
disposed of in
a manner not specifically authorized, and may be
condemned and
seized if found to be incorrect and not capable of
being made
correct.
(M) Weigh, measure, or inspect packaged commodities kept,
offered, or exposed for sale, that are sold, or in the process of
delivery
to determine whether they contain the amounts represented
and
whether they are kept, offered, or exposed for sale sold in
accordance
with sections 1327.46 to 1327.61 1327.71 of the Revised
Code or rules
adopted under those sections. In carrying out this
section, the
director shall employ recognized sampling procedures,
such as
those designated in the national institute of standards
and
technology handbook 133 "checking the net contents of packaged
goods."
(N) Prescribe by rule the appropriate term or unit of
weight
or measure to be used, whenever the director
determines in the
case
of a specific commodity that an existing practice of
declaring
the quantity by weight, measure, numerical count, or
combination
thereof, does not facilitate value comparisons by
consumers, or
offers an opportunity for consumer confusion;
(O) Allow reasonable variations from the stated quantity
of
contents, which shall include those caused by unavoidable
deviations in good manufacturing practice and by loss or gain of
moisture during the course of good distribution practice, only
after the commodity has entered intrastate commerce;
(P) Provide for the weights and measures training of
inspector personnel and establish minimum training requirements,
which shall be met by all inspector personnel, whether county,
municipal, or state;
(Q) Prescribe the methods of tests and inspections to be
employed in the enforcement of sections 1327.46 to 1327.61 1327.71
of the
Revised Code. The director may prescribe the official test
and
inspection forms to be used.
(R) Provide by rule for voluntary registration with the
director of private weighing and measuring device servicing
agencies, and personnel;
(S) In conjunction with the national institute of
standards
and technology, operate a type evaluation program for
certification of weighing and measuring devices as part of the
national type evaluation program and operate a metrology
laboratory program. The director shall establish a
schedule of
fees for services rendered by the department of
agriculture for
the type
evaluation services program and the metrology laboratory
program.
The director may
require any weighing or measuring
instrument or device to
be
traceable to a national type evaluation
program certificate of
conformance
prior to use for commercial or
law enforcement
purposes.
(T) Administer the fuel quality testing program in accordance
with sections 1327.70 and 1327.71 of the Revised Code and rules
adopted under them.
Sec. 1327.501. (A) On and after the effective date of the
rules adopted under this section, no person shall operate a
commercially used weighing and measuring device in this state
unless the operator of the device obtains a permit issued by the
director of agriculture or the director's designee.
(B) An application for a permit shall be submitted to the
director on a form that the director prescribes and provides. The
applicant shall include with the application any information that
is specified on the application form as well as the application
fee established in rules adopted under this section.
(C) Upon receipt of a completed application and the required
fee from an applicant, the director or the director's designee
shall issue or deny the permit to operate the commercially
used
weighing and measuring device that was the subject of the
application.
(D) A permit issued under this section expires on the
thirtieth day of June of the year following its issuance and may
be renewed annually on or before the first day of July of that
year upon payment of a permit renewal fee established in rules
adopted under this section.
(E) If a permit renewal fee is more than sixty days past due,
the director may assess a late penalty in an amount established by
rules adopted under this section.
(F) The director shall adopt rules in accordance with Chapter
119. of the
Revised Code that do all of the following:
(1) Establish procedures and requirements governing the
issuance or denial of permits under this section;
(2) Designate weighing and measuring devices for which a
permit is required under this section in addition to those devices
specified in the national institute of standards and technology
handbook 44 or its supplements and revisions;
(3) Establish application fees required to be paid by
applicants for permits under this section;
(4) Establish permit renewal fees required to be paid by
permittees under this section;
(5) Establish late penalties to be assessed for the late
payment of a permit renewal fee and fees for the replacement of
lost or destroyed permits.
(G) All money collected through the payment of fees and the
imposition of penalties under this section shall be credited to
the metrology and scale certification and device permitting fund
created in section 1327.511 of the Revised Code.
Sec. 1327.51. (A) When necessary for the enforcement of
sections 1327.46 to 1327.61 1327.71 of the Revised Code or rules
adopted
pursuant thereto, the director of agriculture and any
weights and
measures official acting under the authority of
section 1327.52
of the Revised Code may do any of the following:
(1) Enter any commercial premises during normal business
hours, except that in the event such premises are not open to the
public, he the director or official shall first present
his the
director's or official's credentials and obtain consent
before
making entry thereto, unless a search warrant previously
has been
obtained;
(2) Issue stop-use, hold, and removal orders with respect
to
any weights and measures commercially used, and stop-sale,
hold,
and removal orders with respect to any packaged commodities
or
bulk commodity observed to be or believed to be kept, offered,
or
exposed for sale sold;
(3) Seize for use as evidence any incorrect or unapproved
weight or measure or any package or commodity found to be used,
retained, offered or exposed for sale, or sold in violation of
sections 1327.46 to 1327.61 1327.71 of the Revised Code or rules
promulgated adopted pursuant thereto.
(B) The director shall afford an opportunity for a hearing
in
accordance with Chapter 119. of the Revised Code to any owner
or
operator whose property is seized by the Ohio department of
agriculture.
Sec. 1327.511. All money collected under section sections
1327.50 and 1327.501 of the Revised Code from fees and
for
services rendered by the department of agriculture in operating
the type
evaluation program, metrology laboratory program, and
device permitting program, as applicable, shall be deposited in
the state treasury to the credit of
the metrology and scale
certification and device permitting fund, which is hereby created.
Money credited to the
fund shall be used to pay operating costs
incurred by the department in
administering the program division
of weights and measures, including administrative costs incurred
by the division.
Sec. 1327.52. Any weights and measures official elected or
appointed for a
county or municipality municipal corporation shall
have the duties enumerated in divisions (I) to
(M)(L) of section
1327.50 of the Revised Code,; the duties enumerated in division
(M) of section 1327.50 of the Revised Code with the exception of
duties enumerated in sections 1327.501, 1327.511, 1327.62,
1327.65, 1327.70, and 1327.71 of the Revised Code; and the powers
enumerated in
section 1327.51 of the Revised Code. These powers
and duties shall extend to
the respective jurisdictions, except
that the jurisdiction of a county
official shall not extend to any
municipal corporation for which a weights and
measures official
has been appointed. The director of agriculture shall
advise and
assist these officials.
Sec. 1327.54. No person shall misrepresent the price of any
commodity or
service sold, offered, exposed, or advertised for
sale by weight, measure, or
count, nor represent the price in any
manner calculated or tending to mislead
or in any way deceive a
person.
Sec. 1327.57. (A) Except as otherwise provided by law,
any
consumer package or commodity in package form introduced or
delivered for introduction into or received in intrastate
commerce, kept for the purpose of sale, or offered or exposed for
sale sold in intrastate commerce shall bear on the outside of the
package a definite, plain, and conspicuous declaration, as may be
prescribed by rule adopted by the director of agriculture, of any
of the following, as applicable:
(1) The identity of the commodity in the package unless
the
same can easily be identified through the wrapper or
container;
(2) The net quantity of the contents in terms of weight,
measure, or count;
(3) In the case of any package kept, or offered or exposed
for sale, or sold at any place other than on the premises where
packed, the name and place of business of the manufacturer,
packer, or distributor.
This section does not apply to beer or intoxicating liquor
as
defined in section 4301.01 of the Revised Code, or packages
thereof, or to malt or brewer's wort, or packages thereof.
(B) Under division (A)(2) of this section, neither the
qualifying term "when packed" or any words of similar import, nor
any term qualifying a unit of weight, measure, or count that
tends
to exaggerate the amount of commodity in a package, shall
be used.
(C) In addition to the declarations required by division
(A)
of this section, any package or commodity in package form, if
the
package is one of a lot containing random weights, measures,
or
counts of the same commodity and bears the total selling price
of
the package, shall bear on the outside of the package a plain
and
conspicuous declaration of the price per single unit of
weight,
measure, or count.
(D) No package or commodity in package form shall be so
wrapped, nor shall it be in a container so made, formed, or
filled, as to mislead the purchaser as to the quantity of the
contents of the package, and the contents of a container shall
not
fall below any reasonable standard of fill that may have been
prescribed for the commodity in question by the director.
Sec. 1327.58. Irrespective of whether or not there exists an
adequate remedy
at law, the director of agriculture may apply to
any court of competent
jurisdiction for a temporary or permanent
injunction or other appropriate
relief restraining any person from
continued violation of sections 1327.46 to
1327.61 1327.71 of the
Revised Code and of regulations promulgated rules adopted
thereunder.
Sec. 1327.60. Enactment of sections 1327.46 to 1327.61
1327.71 of the Revised Code
does not affect any regulations
promulgated rules adopted pursuant to the authority of any
earlier
enabling statute unless inconsistent with sections 1327.46 to
1327.61 1327.71
of the Revised Code or modified or revoked by the
director of agriculture.
Sec. 1327.62. Whenever the director of agriculture, or his
the
director's designee, has cause to believe that any person has
violated, or
is violating, section 1327.54 or 1327.61 any
provision of sections 1327.46 to 1327.71 of the Revised Code or
rules adopted under them, he the
director, or his the director's
designee, may conduct a
hearing in accordance with Chapter
119. of
the Revised Code to determine whether a violation has
occurred. If
the director or his the director's designee
determines that the
person has violated or is violating section 1327.54 or
1327.61 any
provision of sections 1327.46 to 1327.71 of
the Revised Code or
rules adopted under them, he the director or the director's
designee may
assess a civil penalty against the
person. The person
is liable for a civil penalty of not more
than five hundred
dollars for a first violation; for a second
violation the person
is liable for a civil penalty of not more
than two thousand five
hundred dollars; for each subsequent
violation that occurs within
five years after the second
violation, the person is liable for a
civil penalty of not more
than ten thousand dollars.
Any person assessed a civil penalty under this section
shall
pay the amount prescribed to the department of agriculture.
The
department shall remit all moneys collected under this
section to
the treasurer of state for deposit in the general
revenue fund.
Sec. 1327.70. (A) As used in this section:
(1) "Diesel fuel" has the same meaning as in section 5735.01
of the Revised Code.
(2) "Motor fuel" means gasoline or diesel fuel that is sold
by a retailer.
(B) The director of agriculture may adopt rules in accordance
with Chapter 119. of the Revised Code establishing a motor fuel
quality testing program that is uniform throughout the state. The
rules shall do all of the following:
(A) Establish fuel quality requirements that are modeled on
the uniform laws and regulations in NIST handbook 130;
(B) Incorporate standards for motor fuel based on the
standards developed by ASTM committee D02 on petroleum products;
(C) Establish requirements governing the standards and
identity of fuels and petroleum and the advertising, posting of
prices, and labeling of products;
(D) Establish any other procedures and requirements that are
necessary to implement this section, including the imposition of
penalties.
Sec. 1327.71. There is hereby created in the state treasury
the fuel quality testing fund consisting of the proceeds of any
fines resulting from penalties imposed in accordance with rules
adopted under section 1327.70 of the Revised
Code. Money in the
fund shall be used to pay the costs incurred
by the department of
agriculture in implementing and
administering the motor fuel
quality testing program and the
weights and measures program and
to pay overhead costs of the
department.
Sec. 1327.99. Whoever violates section 1327.501, section
1327.54 or, division (A), (B), (C), or
(D) of section 1327.61, or
section 1327.70 of the Revised Code or rules adopted under those
sections is guilty of a misdemeanor of the
second degree on a
first offense; on each subsequent offense within seven
years after
the first offense, such the person is guilty of a misdemeanor of
the
first degree.
Sec. 1332.24. (A)(1) In accordance with section 1332.25 of
the Revised Code, the director of commerce may issue to any
person, or renew, a video service authorization, which
authorization confers on the person the authority, subject to
sections 1332.21 to 1332.34 of the Revised Code, to provide video
service in its video service area; construct and operate a video
service network in, along, across, or on public rights-of-way for
the provision of video service; and, when necessary to provide
that service, exercise the power of a telegraph company under
section 4931.04 of the Revised Code. The term of a video service
authorization or authorization renewal shall be ten years.
(2) For the purposes of the "Cable Communications Policy Act
of 1984," Pub. L. No. 98-549, 98 Stat. 2779, 47 U.S.C. 521 et
seq., a video service authorization shall constitute a franchise
under that law, and the director shall be the sole franchising
authority under that law for video service authorizations in this
state.
The director may adopt rules under Chapter 119. of the
Revised Code to carry out sections 1332.21 to 1332.34 of the
Revised Code.
(3) The director may impose upon and collect an annual
assessment on video service providers. However, the director, by
rule, may exclude any classification of video service providers
from being so assessed based solely upon the scope of the video
service subscriber base or the purpose of the video service. All
money collected under division (A)(3) of this section shall be
deposited to the credit of the video service authorization fund
created under section 1332.25 of the Revised Code. The director
annually shall determine the total amount to be so assessed based
on the department's actual, current fiscal year administrative
costs in carrying out those duties. The director shall allocate
that amount proportionately among the video service providers to
be assessed, using a competitively neutral formula established by
rule. On or about the first day of July of each year, the director
shall send to each video service provider to be assessed written
notice of its proportional amount of the total assessment. The
provider shall pay that amount not later than fourteen days
following the date the notice is sent. After the initial
assessment, the director annually shall reconcile the amount
collected with the department's actual, fiscal year administrative
costs in carrying out its duties under sections 1332.21 to 1332.34
of the Revised Code and either shall charge each assessed video
service provider its respective proportion of any insufficiency or
proportionately credit the provider's next assessment for any
excess collected. The total amount in any fiscal year assessed
shall not exceed the department's actual, current fiscal year
administrative costs in carrying out its duties under sections
1332.21 to 1332.34 of the Revised Code.
(B)(1) The director may investigate alleged violations of or
failures to comply with division (A) of section 1332.23, division
(C) of section 1332.25, division (C) or (D) of section 1332.26,
division (A), (B), or (C) of section 1332.27, division (A) of
section 1332.28, division (A) or (B) of section 1332.29, or
section 1332.30 or 1332.31 of the Revised Code, or complaints
concerning any such violation or failure. Except as provided in
this section, the director has no authority to regulate video
service in this state, including, but not limited to, the rates,
terms, or conditions of that service.
(2) In conducting an investigation under division (B)(1) of
this section, the director, by subpoena, may compel witnesses to
testify in relation to any matter over which the director has
jurisdiction and may require the production of any book, record,
or other document pertaining to that matter. If a person fails to
file any statement or report, obey any subpoena, give testimony,
produce any book, record, or other document as required by a
subpoena, or permit photocopying of any book, record, or other
document subpoenaed, the court of common pleas of any county in
this state, upon application made to it by the director, shall
compel obedience by attachment proceedings for contempt, as in the
case of disobedience of the requirements of a subpoena issued from
the court or a refusal to testify.
(C)(1) If the director finds that a person has violated or
failed to comply with division (A) of section 1332.23, division
(C) of section 1332.25, division (C) or (D) of section 1332.26,
division (A), (B), or (C) of section 1332.27, division (A) of
section 1332.28, division (A) or (B) of section 1332.29, or
section 1332.30 or 1332.31 of the Revised Code, and the person has
failed to cure the violation or failure after reasonable, written
notice and reasonable time to cure, the director may do any of the
following:
(a) Apply to the court of common pleas of any county in this
state for an order enjoining the activity or requiring compliance.
Such an action shall be commenced not later than three years after
the date the alleged violation or failure occurred or was
reasonably discovered. Upon a showing by the director that the
person has engaged in a violation or failure to comply, the court
shall grant an injunction, restraining order, or other appropriate
relief.
(b) Enter into a written assurance of voluntary compliance
with the person;
(c) Pursuant to an adjudication under Chapter 119. of the
Revised Code, assess a civil penalty in an amount determined by
the director, including for any failure to comply with an
assurance of voluntary compliance under division (C)(1)(b) of this
section. The amount shall be not more than one thousand dollars
for each day of violation or noncompliance, not to exceed a total
of ten thousand dollars, counting all subscriber impacts as a
single violation or act of noncompliance. In determining whether a
civil penalty is appropriate under division (C)(1)(c) of this
section, the director shall consider all of the following factors:
(i) The seriousness of the noncompliance;
(ii) The good faith efforts of the person to comply;
(iii) The person's history of noncompliance;
(iv) The financial resources of the person;
(v) Any other matter that justice requires.
Civil penalties collected pursuant to division (C)(1)(c) of
this section shall be deposited to the credit of the video service
enforcement fund in the state treasury, which is hereby created,
to be used by the department of commerce in carrying out its
duties under this section.
(2) Pursuant to an adjudication under Chapter 119. of the
Revised Code, the director may revoke, in whole or in part, the
video service authorization of any person that has repeatedly and
knowingly violated or failed to comply with division (A) of
section 1332.23, division (C) of section 1332.25, division (C) or
(D) of section 1332.26, division (A), (B), or (C) of section
1332.27, division (A) of section 1332.28, division (A) or (B) of
section 1332.29, or section 1332.30 or 1332.31 of the Revised Code
and that has failed to cure the violations or noncompliances after
reasonable written notice and reasonable time to cure. Such person
acts knowingly, regardless of the person's purpose, when the
person is aware that the person's conduct will probably cause a
certain result or will probably be of a certain nature. A person
has knowledge of circumstances when the person is aware that such
circumstances probably exist.
(3) The court shall conduct a de novo review in any appeal
from an adjudication under division (C)(1)(c) or (C)(2) of this
section.
(D) The public utilities commission has no authority over a
video service provider in its offering of video service or a cable
operator in its offering of cable or video service, or over any
person in its offering of video service pursuant to a competitive
video service agreement.
Sec. 1332.25. (A) An application made to the director of
commerce for a video service authorization under section 1332.24
of the Revised Code shall require and contain only the following:
(1) Specification of the location of the applicant's
principal place of business and the names of the applicant's
principal executive officers;
(2) Specification of the geographic and political boundaries
of the applicant's proposed video service area;
(3) A general description of the type or types of
technologies the applicant will use to deliver the video
programming, which may include wireline, wireless, or any other
alternative technology, subject, as applicable, to section 1332.29
of the Revised Code;
(4) An attestation that the applicant has filed or will
timely file with the federal communications commission all forms
required by that agency in advance of offering video service in
this state;
(5) An attestation that the applicant will comply with
applicable federal, state, and local laws;
(6) An attestation that the applicant is legally,
financially, and technically qualified to provide video service;
(7) A description of the applicant's customer complaint
handling process, including policies on addressing customer
service issues, billing adjustments, and communication with
government officials regarding customer complaints, and a local or
toll-free telephone number at which a customer may contact the
applicant.
(B) For the purpose of division (A)(2) of this section:
(1) The video service areas of video service providers may
overlap.
(2) A specified video service area shall be coextensive with
municipal, township unincorporated area, or county boundaries,
except as authorized under division (B)(3) or (4) of this section,
but nothing in sections 1332.21 to 1332.34 of the Revised Code
shall require a video service provider to provide access to video
service within the entire video service area.
(3) The specified video service area of a person using
telecommunications facilities to provide video service on the
effective date of this section September 24, 2007, or of any other
person later so
using telecommunications facilities shall be the
geographic area
in which the person offers basic local exchange
service.
(4) Subject to division (C)(2) of section 1332.27 of the
Revised Code, the specified video service area of an applicant
cable operator that offers service under a franchise in effect on
the effective date of this section September 24, 2007, initially
shall be, at minimum,
the franchise area established under that
franchise.
(C) A video service provider shall immediately file an
application to amend its video service authorization with the
director to reflect any change in the information required under
division (A)(1), (2), or (3) of this section. An amendment
pursuant to division (A)(2) of this section shall include any new
delivery technology information required by division (A)(3) of
this section.
(D) Within thirty days after its filing or within thirty days
after the filing of supplemental information necessary to make it
complete, the director shall determine the completeness of an
application filed under division (A) or (C) of this section
relative to the respective requirements of divisions (A), (B), and
(C) of this section and, as applicable, shall notify the applicant
of an incompleteness determination, state the bases for that
determination, and inform the applicant that it may resubmit a
corrected application. The director shall issue a video service
authorization, authorization renewal, or amended authorization
within fifteen days after the director's determination that the
filed application is complete.
If the director does not notify the applicant regarding the
completeness of the application within the time period specified
in this division or does not issue the authorization requested by
a completed application within the applicable time period, the
application shall be deemed complete, and the authorization or
amended authorization deemed issued on the forty-fifth day after
the application's filing date.
(E) An applicant shall pay a two thousand dollar
nonrefundable fee for each application filed under division (A) of
this section and a one hundred dollar nonrefundable fee for each
application to amend filed under division (C) of this section.
Fees collected under this division shall be deposited to the
credit of the video service authorization fund in the state
treasury, which is hereby created, to be used by the department of
commerce in carrying out its duties under this section sections
1332.21 to 1332.34 of the Revised Code.
(F) No video service provider shall identify or make
reference to an application fee under division (E) of this section
or an assessment under section 1332.24 of the Revised Code
on any
subscriber bill or in conjunction with charging any fee to
the
subscriber.
(G) An applicant may identify any information in its
application as trade secret information, and if, upon its written
request to the director, the director reasonably affirms all or
part of that information as trade secret information, the
information so affirmed does not constitute a public record for
the purpose of section 149.43 of the Revised Code.
Sec. 1333.99. (A) Whoever violates sections 1333.01 to
1333.04 of the Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates section 1333.12 or 1333.71 of the
Revised Code
is guilty of a misdemeanor of the fourth degree.
(C) Whoever violates section 1333.36 of the Revised Code
is
guilty of a misdemeanor of the third degree.
(D) A prosecuting attorney may file an action to restrain
any
person found in violation of section 1333.36 of the Revised
Code.
Upon the filing of such an action, the common pleas court
may
receive evidence of such violation and forthwith grant a
temporary
restraining order as may be prayed for, pending a
hearing on the
merits of said cause.
(E) Whoever violates division (A)(1) of section 1333.52 or
section 1333.81 of the Revised Code is guilty of a misdemeanor of
the first degree.
(F) Whoever violates division (A)(2) or (B) of section
1333.52 of the Revised
Code is guilty of a misdemeanor of the
second degree.
(G) Except as otherwise provided in this
division, whoever
violates section 1333.92 of the Revised Code
is guilty of a
misdemeanor of the first degree. If the value of the
compensation
is five seven hundred fifty dollars or more and less than five
thousand
dollars, whoever violates section 1333.92 of the Revised
Code is
guilty of a
felony of
the fifth degree. If the value of
the
compensation is five thousand
dollars or more and less
than
one
hundred thousand dollars, whoever violates section 1333.92 of
the
Revised Code is
guilty of a felony of the fourth degree. If
the
value of the compensation is
one hundred thousand dollars or
more,
whoever violates section 1333.92 of the
Revised Code is
guilty of
a felony of the third degree.
Sec. 1347.08. (A) Every state or local agency that
maintains
a personal information system, upon the request and the
proper
identification of any person who is the subject of
personal
information in the system, shall:
(1) Inform the person of the existence of any personal
information in the system of which the person is the subject;
(2) Except as provided in divisions (C) and (E)(2) of this
section, permit the person, the person's legal guardian, or
an
attorney
who presents a signed written authorization made by the
person,
to inspect all personal information in the system of which
the
person is the subject;
(3) Inform the person about the types of uses made of the
personal information, including the identity of any users usually
granted access to the system.
(B) Any person who wishes to exercise a right provided by
this section may be accompanied by another individual of
the
person's choice.
(C)(1) A state or local agency, upon request, shall
disclose
medical, psychiatric, or psychological information to a
person who
is the subject of the information or to the
person's legal
guardian, unless a physician, psychiatrist, or psychologist
determines for the agency that the disclosure of the information
is likely to have an adverse effect on the person, in which case
the information shall be released to a physician, psychiatrist,
or
psychologist who is designated by the person or by the
person's
legal guardian.
(2) Upon the signed written request of either a licensed
attorney at law or a licensed physician designated by the inmate,
together with the signed written request of an inmate of a
correctional
institution under the administration of the
department of rehabilitation and correction, the department shall
disclose medical information to the designated attorney or
physician as provided in division (C) of section 5120.21 of the
Revised Code.
(D) If an individual who is authorized to inspect personal
information that is maintained in a personal information system
requests the state or local agency that maintains the system to
provide a copy of any personal information that the
individual is
authorized to inspect, the agency shall provide a copy of
the
personal
information to the individual. Each state and local
agency may
establish reasonable fees for the service of copying,
upon
request, personal information that is maintained by the
agency.
(E)(1) This section regulates access to personal
information
that is maintained in a personal information system
by persons who
are the subject of the information, but does not
limit the
authority of any person, including a person who is the
subject of
personal information maintained in a personal
information system,
to inspect or have copied, pursuant to
section 149.43 of the
Revised Code, a public record as defined in
that section.
(2) This section does not provide a person who is the
subject
of personal information maintained in a personal
information
system, the person's legal guardian, or an
attorney authorized
by
the person, with a right to inspect or have copied, or require
an
agency that maintains a personal information system to permit
the
inspection of or to copy, a confidential law enforcement
investigatory record or trial preparation record, as defined in
divisions (A)(2) and (4) of section 149.43 of the Revised Code.
(F) This section does not apply to any of the following:
(1) The contents of an adoption file maintained by the
department of
health under section 3705.12 of the Revised Code;
(2) Information contained in the putative father registry
established by
section 3107.062 of the Revised Code, regardless
of
whether the information is
held by the department
of job and
family services or, pursuant to section
3111.69 of the Revised
Code, the
office of child
support in the department or a child
support enforcement agency;
(3) Papers, records, and books that pertain to an adoption
and that are subject to inspection in accordance with section
3107.17 of the Revised Code;
(4) Records listed in division (A) of section 3107.42 of
the
Revised Code or specified in division (A) of section 3107.52
of
the Revised Code;
(5) Records that identify an individual described in
division
(A)(1) of section 3721.031 of the Revised Code, or that
would tend
to identify such an individual;
(6) Files and records that have been expunged under
division
(D)(1) or (2) of section 3721.23 of the Revised Code;
(7) Records that identify an individual described in
division
(A)(1) of section 3721.25 of the Revised Code, or that
would tend
to identify such an individual;
(8) Records that identify an individual described in
division
(A)(1) of section 5111.61 of the Revised Code, or that
would tend
to identify such an individual;
(9) Test materials, examinations, or evaluation tools used in
an
examination for licensure as a nursing home administrator that
the board of
examiners of nursing home administrators administers
under section 4751.04 of
the Revised Code or contracts under that
section with a
private or government entity to administer;
(10) Information contained in a database established and
maintained pursuant to section 5101.13 of the Revised Code.
Sec. 1502.12. (A) There is hereby created in the state
treasury the scrap tire grant fund, consisting of moneys
transferred to the fund under section 3734.82 of the Revised Code.
The chief of the division of recycling and litter prevention, with
the approval of the director of natural resources, may make grants
from the fund for the purpose of supporting following purposes:
(1) Supporting market development
activities for scrap tires
and synthetic rubber from tire manufacturing processes and tire
recycling processes;
(2) Supporting scrap tire amnesty and cleanup events
sponsored by solid waste management districts. The grants
Grants awarded under division (A)(1) of this section may be
awarded to
individuals, businesses, and entities certified under
division (A)
of section 1502.04 of the Revised Code.
(B) Projects and activities that are eligible for grants
under division (A)(1) of this section shall be evaluated for
funding using, at a
minimum, the following criteria:
(1) The degree to which a proposed project contributes to
the
increased use of scrap tires generated in this state;
(2) The degree of local financial support for a proposed
project;
(3) The technical merit and quality of a proposed project.
Sec. 1509.021. (A) As used in this section:
(1) "First purchaser of natural gas" means the person to whom
title first is transferred beyond the inlet side of the
measurement station from which the natural gas was first produced.
(2) "First purchaser of crude oil" means the person to whom
title first is transferred beyond the gathering tank or tanks,
beyond the facility from which the crude oil was first produced,
or both.
(B) Except as otherwise provided in division (E) of this
section, there is charged to the first purchaser of crude oil an
energy resource extraction fee of twenty cents per barrel of crude
oil or fifty-six one-hundredths of one per cent of the total
purchase price of the crude oil after the severance tax that is
paid under section 5749.02 of the Revised Code has been
subtracted, whichever results in the greater amount. The fee that
is charged under this division is to provide funding to the
division of mineral resources management for the purposes of
satisfying the regulatory, environmental, and natural resources
management requirements of this state with respect to oil.
(C) Except as otherwise provided in division (E) of this
section, there is charged to the first purchaser of natural gas an
energy resource extraction fee of five cents per one thousand
cubic feet of natural gas or two and one-quarter per cent of the
total purchase price of the natural gas after the severance tax
that is paid under section 5749.02 of the Revised Code has been
subtracted, whichever results in the greater amount. The fee that
is charged under this division is to provide funding to the
division for the purposes of satisfying the regulatory,
environmental, and natural resources management requirements of
this state with respect to natural gas.
(D) In accordance with rules adopted under this section, the
chief of the division of mineral resources management shall
collect from each first purchaser of crude oil and each first
purchaser of natural gas the applicable fee that is charged under
this section. The chief shall transmit all money collected under
this section to the treasurer of state to be credited to the oil
and gas well fund created in section 1509.02 of the Revised Code.
(E) Beginning July 1, 2013, and thereafter not later than
thirty days after the end of a fiscal biennium, the director of
natural resources shall
examine the balance of the oil and gas
well fund to determine if
the fund contains sufficient money to
fulfill the purposes
specified in divisions (B) and (C) of this
section for the fiscal
biennium in which the examination is
conducted. The director shall
certify the director's
determination to the director of budget and
management and the
treasurer of state. If the director of natural resources
determines
that the fund contains sufficient money for that
fiscal biennium,
the energy extraction fee for crude oil shall be
twenty cents
per
barrel of crude oil and the energy extraction
fee for natural gas
shall be five cents per one thousand cubic
feet of natural gas. If
the director determines that the fund
does not contain sufficient
money, the energy resource extraction
fee for crude oil shall be
the fee established in division (B) of
this section and the energy
resource extraction fee for natural
gas shall be the fee
established in division (C) of this section.
(F) The chief, with the approval of the director of natural
resources, shall adopt rules in accordance with Chapter 119. of
the Revised Code for the administration of this section.
(G) In any fiscal year, the director of natural resources may
request the director of budget
and management to transfer from
the oil and gas well fund to the
geological mapping fund created
in section 1505.09 of the Revised
Code a portion of the money
credited to the oil and gas well fund
resulting from the energy
resource extraction fees that are
collected under this section.
(H) Not later than January 1, 2015, the chief, in cooperation
with a statewide association representing the oil and natural gas
industry and a statewide environmental advocacy association, shall
complete a study to determine the solvency of the oil and gas well
fund and shall report the determination to the director of budget
and management and make recommendations to the director concerning
the rate of the energy resource extraction fees charged under this
section.
Sec. 1513.021. (A) As used in this section, "ton" means two
thousand pounds of coal that is measured at the point and time of
extraction after the removal of any impurities.
(B) Except as otherwise provided in division (D) of this
section, there is charged to an operator an energy resource
extraction fee of eight cents per ton of coal. The fee that is
charged under this section is to provide funding for the division
of mineral resources management to administer the coal mining and
reclamation program, satisfy the regulatory, environmental, and
natural resources management requirements of this state, and
reclaim land affected by mining.
(C) In accordance with rules adopted under this section, the
chief of the division of mineral resources management shall
collect from each operator the fee that is charged under this
section. The chief shall transmit all money collected under this
section to the treasurer of state to be credited to the coal
mining administration and reclamation reserve fund created in
section 1513.181 of the Revised Code.
(D) Beginning July 1, 2013, and thereafter not later than
thirty days after the end of a fiscal biennium, the director of
natural resources shall
examine the balance of the coal mining
administration and
reclamation reserve fund to determine if the
fund contains
sufficient money to fulfill the purposes specified
in division (B)
of this section for the fiscal biennium in which
the examination
is conducted. The director shall certify the
director's determination to
the director of budget and management
and the treasurer of state.
If the director of natural resources
determines that the fund contains sufficient money
for that
fiscal biennium, the energy resource extraction fee shall
be four
cents per ton of coal. If the director determines that the
fund
does not contain sufficient money, the energy resource
extraction
fee shall be eight cents per ton of coal.
(E) The chief, with the approval of the director of natural
resources, shall adopt rules in accordance with Chapter 119. of
the Revised Code for the administration of this section.
(F) In any fiscal year, the director of natural resources may
request the director of budget
and management to transfer from
the coal mining administration and
reclamation reserve fund to
the geological mapping fund created in
section 1505.09 of the
Revised Code a portion of the money
credited to the coal mining
administration and reclamation reserve
fund resulting from the
energy resource extraction fee that is
collected under this
section.
(G) Not later than January 1, 2015, the chief, in cooperation
with a statewide association representing the coal mining industry
and a statewide environmental advocacy association, shall complete
a study to determine the solvency of the coal mining
administration and reclamation fund and shall report the
determination to the director of budget and management and make
recommendations to the director concerning the rate of the energy
resource extraction fee charged under this section.
Sec. 1515.14. Within the limits of funds appropriated to
the
department of natural resources and the soil and water
conservation district assistance fund created in this section,
there shall be paid in each
calendar year to each local soil and
water conservation district
an amount not to exceed one dollar for
each one dollar received
in accordance with section 1515.10 of the
Revised Code, received from tax levies in excess of the ten-mill
levy limitation approved for the benefit of local soil and water
conservation districts, or
received from an appropriation by a
municipal corporation or
a township to a maximum of eight
thousand
dollars, provided that the Ohio soil and water
conservation
commission may approve payment to a district in an
amount in
excess of eight thousand dollars in any calendar year
upon receipt
of a request and justification from the district.
The county
auditor shall credit such payments to the special fund
established
pursuant to section 1515.10 of the Revised Code for
the local soil
and water conservation district. The department
may make advances
at least quarterly to each district on the
basis of the estimated
contribution of the state to each
district. Moneys received by
each district shall be expended for
the purposes of the district.
For the purpose of providing money to soil and water
conservation districts under this section, there is hereby created
in the state treasury the soil and water conservation district
assistance fund consisting of money credited to it under section
3714.073 and division (A)(4) of section 3734.57 of the Revised
Code.
Sec. 1517.02. There is hereby created in the department of
natural resources the division of natural areas and preserves,
which shall be administered by the chief of the division of
natural areas and preserves. The chief shall take an oath of
office and shall file in the office of the secretary of state a
bond signed by the chief and by a surety approved by the
governor
for a
sum fixed pursuant to section 121.11 of the Revised Code.
The chief shall administer a system of nature
preserves and
wild, scenic, and recreational river areas. The
chief shall
establish a system of nature preserves through
acquisition and
dedication of natural areas of state or national
significance,
which shall include, but not be limited to, areas
that represent
characteristic examples of Ohio's natural
landscape types and its
natural vegetation and geological
history. The chief shall
encourage landowners to dedicate areas
of unusual significance as
nature preserves, and shall establish
and maintain a registry of
natural areas of unusual significance.
The chief may supervise, operate, protect, and maintain
wild,
scenic, and recreational river areas, as designated by the
director of natural resources. The chief may cooperate with
participate in watershed planning activities with other states or
federal agencies administering any federal program concerning
wild, scenic, or recreational river areas.
The chief shall do the following:
(A) Formulate policies and plans for the acquisition, use,
management, and protection of nature preserves;
(B) Formulate policies for the selection of areas suitable
for registration;
(C) Formulate policies for the dedication of areas as
nature
preserves;
(D) Prepare and maintain surveys and inventories of
natural
areas, rare and endangered species of
plants and animals, and
other unique natural features. The information shall be stored in
the Ohio natural heritage database, established pursuant to this
division, and may be made available to any individual or private
or public agency for research, educational, environmental, land
management, or other similar purposes that are not detrimental to
the conservation of a species or feature. Information regarding
sensitive site locations of species that are listed pursuant to
section 1518.01 of the Revised Code and of unique natural features
that are included in the Ohio natural heritage database is not
subject to section 149.43 of the Revised Code if the chief
determines that the release of the information could be
detrimental to the conservation of a species or unique natural
feature.
(E) Adopt rules for the use, visitation, and protection of
nature preserves, and natural areas owned or managed through
easement, license, or lease by the department and administered by
the division, and lands owned or managed through easement,
license, or lease by the department and administered by the
division that are within or adjacent to any wild, scenic, or
recreational river area, in accordance with Chapter 119. of the
Revised Code;
(F) Provide facilities and improvements within the state
system of nature preserves that are necessary for their
visitation, use, restoration, and protection and do not impair
their natural character;
(G) Provide interpretive programs and publish and
disseminate
information pertaining to nature preserves and
natural areas for
their visitation and use;
(H) Conduct and grant permits to qualified persons for the
conduct of scientific research and investigations within nature
preserves;
(I) Establish an appropriate system for marking nature
preserves;
(J) Publish and submit to the governor and the general
assembly a biennial report of the status and condition of each
nature preserve, activities conducted within each preserve, and
plans and recommendations for natural area preservation.
Sec. 1517.10. (A) As used in this section,
"felony"
has the
same meaning as in section 109.511 of the Revised Code.
(B)(1) Any person selected by the chief of the
division of
natural areas and preserves for custodial or patrol
service on the
lands and waters operated or administered by the
division shall be
employed in conformity with the law applicable
to the classified
civil service of the state. Subject to
division (C) of this
section, the chief may designate that person
as a preserve
officer. A preserve
officer, in any nature preserve, in any
natural area owned or
managed through easement, license, or lease
by the department of
natural resources and administered by the
division, and on lands
owned or managed through easement, license,
or lease by the
department and administered by the division that
are within or
adjacent to any wild, scenic, or recreational river
area
established under this chapter and along any trail
established
under Chapter 1519. of the Revised Code, has the
authority
specified under section 2935.03 of the Revised Code
for
peace officers of the department of natural resources to keep
the
peace, to enforce all laws and rules governing those lands
and
waters, and to make arrests for violation of those laws and
rules,
provided that the authority shall be exercised on
lands
or waters
administered by another division of the department only
pursuant
to an agreement with the chief of that division or to a
request
for assistance by an enforcement officer of that division
in an
emergency. A preserve officer, in or along any
watercourse
within,
abutting, or upstream from the boundary of
any area
administered
by the department, has the authority to enforce
section 3767.32 of
the Revised Code and any other laws
prohibiting
the dumping of
refuse into or along waters and to
make arrests for
violation of
those laws. The jurisdiction of a
preserve officer
shall be
concurrent with that of the peace
officers of the county,
township, or municipal corporation in
which the violation occurs.
The governor, upon the recommendation of the chief, shall
issue to each preserve officer a commission indicating authority
to make arrests as provided in this section.
The chief shall furnish a suitable badge to each
commissioned
preserve officer as evidence of the preserve
officer's authority.
(2) If any person employed under this section is designated
by
the chief to act as an agent of the state in the collection of
money resulting from the sale of licenses, fees of any nature, or
other money belonging to the state, the chief shall require a
surety bond from the person in an amount not less than one
thousand dollars.
(3) A preserve officer may render assistance to a state or
local law enforcement officer at the request of the officer or in
the event of an emergency. Preserve officers serving outside the
division of natural areas and preserves under this section or
serving under the terms of a mutual aid compact authorized under
section 1501.02 of the Revised Code shall be considered as
performing services within their regular employment for the
purposes of compensation, pension or indemnity fund rights,
workers' compensation, and other rights or benefits to which they
may be entitled as incidents of their regular employment.
Preserve officers serving outside the division of natural
areas and preserves under this section or under the terms of a
mutual aid compact retain personal immunity from civil liability
as specified in section 9.86 of the Revised Code and shall not be
considered an employee of a political subdivision for purposes of
Chapter 2744. of the Revised Code. A political subdivision that
uses preserve officers under this section or under the terms of a
mutual aid compact authorized under section 1501.02 of the Revised
Code is not subject to civil liability under Chapter 2744. of the
Revised Code as a result of any action or omission of any preserve
officer acting under this section or under a mutual aid compact.
(C)(1) The chief of the division of natural
areas and
preserves shall not designate a person as a preserve
officer
pursuant to division (B)(1) of this section on a
permanent basis,
on a temporary basis, for a probationary term,
or on other than a
permanent basis if the person previously has
been convicted of or
has pleaded guilty to a felony.
(2)(a) The chief of the division of natural
areas and
preserves shall terminate the employment as a preserve
officer of
a person designated as a preserve officer under
division (B)(1) of
this section if that person does either of the
following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division
(D) of section
2929.43 of
the
Revised Code in which the preserve
officer agrees
to surrender
the certificate awarded to the
preserve officer under
section
109.77 of the
Revised Code.
(b) The chief shall suspend from employment as
a preserve
officer a person designated as a preserve officer
under division
(B)(1) of this section if that person is
convicted, after trial,
of a felony. If the
preserve officer files an appeal from that
conviction and the conviction is
upheld by the highest
court to
which the appeal is taken or if the preserve officer
does not file
a timely appeal, the chief shall terminate the
employment of that
preserve officer. If the preserve officer
files an appeal that
results in the preserve officer's acquittal of the
felony or
conviction of a misdemeanor, or in the dismissal of the
felony
charge
against the preserve officer, the chief shall reinstate
that preserve officer.
A preserve officer who is reinstated under
division
(C)(2)(b) of this section shall not receive
any back pay
unless that preserve officer's conviction of the felony was
reversed on appeal, or the felony charge was
dismissed, because
the court found insufficient evidence to
convict the preserve
officer of the felony.
(3) Division (C) of this section does not apply
regarding an
offense that was committed prior to January 1, 1997.
(4) The suspension from employment, or the termination of
the
employment,
of a preserve officer under division (C)(2) of
this
section shall be
in accordance with Chapter 119. of the
Revised
Code.
Sec. 1517.11. There is hereby created in the state
treasury
the natural areas and preserves fund, which shall
consist of
moneys transferred into it under section 5747.113 of
the Revised
Code and of contributions made directly to it. Any
person may
contribute directly to the fund in addition to or
independently of
the income tax refund contribution system
established in that
section.
Moneys in the fund shall be
disbursed pursuant to vouchers
approved by the director of
natural resources for use by the
division of natural areas and
preserves solely for the following
purposes:
(A) The acquisition of new or expanded natural areas, and
nature
preserves, and
wild, scenic, and recreational river areas;
(B) Facility development in natural areas, and nature
preserves, and
wild, scenic, and recreational river areas;
(C) Special projects, including, but not limited to,
biological
inventories, research grants, and the production of
interpretive material
related to natural areas, and nature
preserves,
and wild, scenic, and recreational
river areas;
(D) Routine maintenance for health and safety purposes.
Moneys appropriated from the fund shall not be
used to fund
salaries of permanent employees or administrative costs.
All investment earnings of the fund shall be credited to the
fund.
Sec. 1521.05. (A) As used in this section:
(1) "Construct" or "construction" includes drilling,
boring,
digging, deepening, altering, and logging.
(2) "Altering" means changing the configuration of a well,
including, without limitation, deepening a well, extending or
replacing any portion of the inside or outside casing or wall of
a
well that extends below ground level, plugging a portion of a
well
back to a certain depth, and reaming out a well to enlarge
its
original diameter.
(3) "Logging" means describing the lithology, grain size,
color, and texture of the formations encountered during the
drilling, boring, digging, deepening, or altering of a well.
(4) "Grouting" means neat cement; bentonite products in
slurry, granular, or pelletized form, excluding drilling mud or
fluids; or any combination of neat cement and bentonite products
that is placed within a well to seal the annular space or to seal
an abandoned well and that is impervious to and capable of
preventing the movement of water.
(5) "Abandoned well" means a well whose use has been
permanently discontinued and that poses potential health and
safety hazards or that has the potential to transmit surface
contaminants into the aquifer in which the well has been
constructed.
(6) "Sealing" means the complete filling of an abandoned
well
with grouting or other approved materials in order to
permanently
prevent the vertical movement of water in the well
and thus
prevent the contamination of ground water or the
intermixing of
water between aquifers.
(B) Any person that constructs a well shall keep a careful
and accurate log of the construction of the well. The log shall
show all of the following:
(1) The character, including, without limitation, the
lithology, color, texture, and grain size, the name, if known,
and
the depth of all formations passed through or encountered;
(2) The depths at which water is encountered;
(3) The static water level of the completed well;
(4) A copy of the record of all pumping tests and analyses
related to those tests, if any;
(5) Construction details, including lengths, diameters,
and
thicknesses of casing and screening and the volume, type of
material, and method of introducing gravel packing and grouting
into the well;
(6) The type of pumping equipment installed, if any;
(7) The name of the owner of the well, the address of the
location where the well was constructed, and either the state
plane coordinates or the latitude and longitude of the well;
(8) The signature of the individual who constructed the
well
and filed the well log;
(9) Any other information required by the chief of the
division of water.
The log shall be furnished to filed with the division of
water within thirty
days after the completion of construction of
the well on
forms prescribed and prepared by the division. The log
shall be kept
on file by the division.
(C) Any person that seals a well shall keep a careful and
accurate report of the sealing of the well. The sealing report
shall show all of the following:
(1) The name of the owner of the well, the address of the
location where the well was constructed, and either the state
plane coordinates or the latitude and longitude of the well;
(2) The depth of the well, the size and length of its casing,
and the static water level of the well;
(3) The sealing procedures, including the volume and type of
sealing material or materials and the method and depth of
placement of each material;
(4) The date on which the sealing was performed;
(5) The signature of the individual who sealed the well and
filed the sealing report;
(6) Any other information required by the chief.
The sealing report shall be furnished to filed with the
division within thirty days after the completion of the sealing of
the well on forms prescribed and prepared by the division.
(D) In accordance with Chapter 119. of the Revised Code, the
chief may adopt, amend, and rescind rules requiring other persons
that are involved in the construction or subsequent development
of
a well to submit well logs under division (B) of this section
containing any
or all of the information specified in divisions
(B)(1) to (9) of
this section and specifying additional
information to be included in sealing reports required under
division (C) of this section. The chief shall adopt rules
establishing procedures and requirements governing the payment and
collection of water well log filing fees, including the amount of
any filing fee to be imposed as an alternative to the
twenty-dollar filing fee established in division (G) of this
section and including procedures for the quarterly transfer of
filing fees by boards of health and the director of environmental
protection under that division.
(E)(1) No person shall fail to keep and submit file a well
log or a sealing report
as required by this section.
(2) No person shall make a false statement in any well log or
sealing report
required to be kept and submitted filed under this
section. Violation
of division (E)(2) of this section is
falsification under section
2921.13 of the Revised Code.
(F) For the purposes of prosecution of a violation of
division (E)(1) of this section, a prima-facie case is
established
when the division obtains either of the following:
(1) A certified copy of a permit for a private water
system
issued in accordance with rules adopted under section
3701.344 of
the Revised Code, or a certified copy of the invoice
or a canceled
check from the owner of a well indicating the
construction or
sealing services performed;
(2) A certified copy of any permit issued under Chapter
3734.
or 6111. of the Revised Code or plan approval granted under
Chapter
6109. of the Revised Code for any activity that includes
the construction or sealing of a well as applicable.
(G) In accordance with rules adopted under this section, a
person or entity that constructs a well for the purpose of
extracting
potable water as part of a private water system that
is subject to
rules adopted under section 3701.344 of the Revised
Code or a
public water system that is required to be licensed
under Chapter
6109. of the Revised Code shall pay a well log
filing fee of
twenty dollars per well log or, if the chief has
adopted rules
establishing an alternative fee amount, the fee
amount established
under rules. The fee shall be collected by a
board of health under
section 3701.344 of the Revised Code or the
environmental
protection agency under section 6109.22 of the
Revised Code, as
applicable.
Each calendar quarter, a board of health or the environmental
protection agency, as applicable, shall forward all well log
filing fees collected during the previous calendar quarter to the
division of water. The fees shall be forwarded in accordance with
procedures established in rules adopted under this section.
Proceeds of well log filing fees shall be used by the
division of water for the purposes of acquiring, maintaining, and
dispensing digital and paper records of well logs that are filed
with the division.
Sec. 1521.06. (A) No dam may be constructed for the
purpose
of storing, conserving, or retarding water, or for any
other
purpose, nor shall any levee be constructed for the
purpose of
diverting or retaining flood water, unless the person
or
governmental agency desiring the construction has a
construction
permit for the dam or levee issued by the
chief of the division of
water.
A construction permit is not required under this section
for:
(1) A dam that is or will be less than ten feet in height
and
that has or will have a storage capacity of not more than
fifty
acre-feet at the elevation of the top of the dam, as
determined by
the chief. For the purposes of this section, the
height of a dam
shall be measured from the natural stream bed or
lowest ground
elevation at the downstream or outside limit of the
dam to the
elevation of the top of the dam.
(2) A dam, regardless of height, that has or will have a
storage capacity of not more than fifteen acre-feet at the
elevation of the top of the dam, as determined by the chief;
(3) A dam, regardless of storage capacity, that is or
will be
six feet or less in height, as determined by the chief;
(4) A dam or levee that belongs to a class
exempted by the
chief;
(5) The repair, maintenance, improvement, alteration, or
removal of a dam or levee that is subject to section
1521.062 of
the Revised Code, unless the construction constitutes
an
enlargement or reconstruction of the structure as determined by
the chief;
(6) A dam or impoundment constructed under Chapter 1513.
of
the Revised Code.
(B) Before a construction permit may be issued, three
copies
of the plans and specifications, including a detailed cost
estimate, for the proposed construction, prepared by a registered
professional engineer, together with the filing fee specified by
this section and the bond or other security required by section
1521.061 of the Revised Code, shall be filed with the chief. The
detailed estimate of the cost shall include all costs associated
with the construction of the dam or levee, including
supervision
and inspection of the construction by a registered
professional
engineer.
The filing fee shall be based on the detailed cost
estimate for the
proposed construction as filed with and approved
by the chief,
and shall be determined by the following schedule
unless otherwise provided by rules adopted under this section:
(1) For the first one hundred thousand dollars of
estimated
cost, a fee of four per cent;
(2) For the next four hundred thousand dollars of
estimated
cost, a fee of three per cent;
(3) For the next five hundred thousand dollars of
estimated
cost, a fee of two per cent;
(4) For all costs in excess of one million dollars, a fee
of
one-half of one per cent.
In no case shall the filing fee be less than
one thousand
five hundred dollars or more than one five hundred thousand
dollars. If the actual cost
exceeds the estimated cost by more
than fifteen per cent, an
additional filing fee shall be required
equal to the fee
determined by the preceding schedule less the
original filing
fee. All fees collected pursuant to this section,
and all fines collected pursuant to section 1521.99 of the
Revised
Code, shall be deposited in the state treasury to the
credit of
the dam safety fund, which is hereby created.
Expenditures from
the fund shall be made by the chief for the
purpose of
administering this section and sections 1521.061 and
1521.062 of
the Revised Code.
(C) The chief shall, within thirty days from the date of
the
receipt of the application, fee, and bond or other security,
issue
or deny a construction permit for the construction or may
issue a
construction permit conditioned upon the making of such
changes in
the plans and specifications for the construction as
the chief
considers advisable if the chief
determines that the construction
of
the proposed dam or levee, in accordance with the plans
and
specifications filed, would endanger life, health, or
property.
(D) The chief may deny a construction permit after
finding
that a dam or levee built in accordance with the plans and
specifications would endanger life, health, or property, because
of improper or inadequate design, or for such other reasons as
the
chief may determine.
In the event the chief denies a permit for the construction
of the dam or levee, or issues a permit conditioned upon a
making
of changes in the plans or specifications for the
construction,
the chief shall state the reasons
therefor and
so notify,
in
writing, the person or governmental agency making the
application
for a permit. If the permit is denied, the chief
shall return the
bond or other security to the person or
governmental agency making
application for the permit.
The decision of the chief conditioning or denying a
construction permit is subject to appeal as provided in Chapter
119. of the Revised Code. A dam or levee built
substantially at
variance from the plans and specifications upon
which a
construction permit was issued is in violation of this
section.
The chief may at any time inspect any dam or
levee, or site upon
which any dam or levee is to be
constructed, in order to determine
whether it complies with this
section.
(E) A registered professional engineer shall inspect the
construction for which the permit was issued during all phases of
construction and shall furnish to the chief such regular reports
of the engineer's inspections as the chief may require.
When the
chief
finds that construction has been fully completed in
accordance
with the terms of the permit and the plans and
specifications
approved by the chief, the chief shall
approve the
construction. When one
year has elapsed after approval of the
completed construction,
and the chief finds that within this
period no fact has become
apparent to indicate that the
construction was not performed in
accordance with the terms of the
permit and the plans and
specifications approved by the chief, or
that the construction as
performed would endanger life, health, or
property, the chief
shall
release the bond or other security. No
bond or other security
shall be released until one year after
final approval by the
chief, unless the dam or levee has been
modified so that
it will not retain water and has been approved as
nonhazardous
after determination by the chief that the dam or
levee as
modified will not endanger life, health, or property.
(F) When inspections required by this section are not
being
performed, the chief shall notify the person or
governmental
agency to which the permit has been issued that
inspections are
not being performed by the registered
professional engineer and
that the chief will inspect the
remainder of the construction.
Thereafter, the chief shall
inspect the construction and the cost
of inspection shall be
charged against the owner. Failure of the
registered
professional engineer to submit required inspection
reports shall
be deemed notice that the engineer's inspections are
not
being performed.
(G) The chief may order construction to cease on any dam or
levee that is being built in violation of this section, and may
prohibit the retention of
water behind any dam or levee that has
been built in
violation of this section. The attorney
general,
upon written request of the chief, may bring an action
for an
injunction against any person who violates this section or
to
enforce an order or prohibition of the chief made pursuant to
this
section.
(H) The chief may adopt rules in accordance with Chapter
119.
of the Revised Code, for the design and construction of
dams and
levees for which a construction permit is
required by this section
or for which periodic inspection is
required by section 1521.062
of the Revised Code, for establishing a filing fee schedule in
lieu of the schedule established under division (B) of this
section and for establishing the minimum and maximum amounts of a
filing fee in lieu of the amounts established in that division,
for deposit and
forfeiture of bonds and other securities required
by section
1521.061 of the Revised Code, for the periodic
inspection,
operation, repair, improvement, alteration, or removal
of all
dams and levees, as specified in section 1521.062 of the
Revised Code, and for establishing classes of dams or
levees that
are exempt from the requirements of this section
and section
1521.062 of the Revised Code as being of a size, purpose, or
situation that does not present a substantial hazard to life,
health, or property. The chief may, by rule, limit the period
during which a construction permit issued under this section is
valid. The rules may allow for the extension of the period during
which a permit is valid upon written request, provided that the
written request includes a revised construction cost estimate, and
may require the payment of an additional filing fee for the
requested extension. If a construction permit expires without an
extension before construction is
completed, the person or agency
shall apply for a new permit, and
shall not continue construction
until the new permit is issued.
Sec. 1521.063. (A) Except for the federal government,
the
owner of any a dam, that is classified as a class I, class II, or
class III dam under rules adopted under section 1521.06 of the
Revised Code and subject to section 1521.062 of the Revised
Code
shall pay an annual fee, based upon the height of the dam, the
linear foot length of the dam, and the per-acre foot of volume of
water impounded by the dam. The fee shall be paid
to the
division
of water on or before June 30, 1988, and on or
before the
thirtieth day of June of each succeeding year. The
annual fee
shall be as follows until otherwise provided by rules adopted
under this section:
(1) For any dam classified as a class I dam under rules
adopted by the chief of the division of water under section
1521.06 of the Revised Code, thirty dollars plus ten dollars
per
foot of height of dam, five cents per foot of length of the dam
and five cents per-acre foot of water impounded by the dam;
(2) For any dam classified as a class II dam under those
rules, thirty dollars plus one dollar six dollars per foot of
height of dam, five cents per foot of length of the dam and five
cents per-acre foot of water impounded by the dam;
(3) For any dam classified as a class III dam under those
rules, thirty dollars plus four dollars per foot of height of the
dam, five cents per foot of length of the dam, and five cents
per-acre foot of volume of water impounded by the dam.
For purposes of this section, the height of a dam is the
vertical height, to the nearest foot, as determined by the
division under section 1521.062 of the Revised Code.
All fees
collected under this section shall be deposited in
the dam safety
fund created in section 1521.06 of the Revised
Code. Any owner
who
fails to pay any annual fee required by this
section within
sixty
days after the due date shall be assessed a
penalty of ten
per
cent of the annual fee plus interest at the
rate of one-half
per
cent per month from the due date until the
date of payment.
There is hereby created the compliant dam discount
program
to be administered by the chief.
Under the program, the chief may
reduce the amount of the annual
fee that an owner of a dam is
required to pay under division
(A)(1), (2), or (3) of this
section if the owner is in compliance with section
1521.062 of
the Revised Code and has developed an emergency action
plan
pursuant to standards established in rules adopted under this
section. The chief shall not discount an annual fee by more than
twenty-five per cent of the total annual fee that is due. In
addition, the chief shall not discount the annual fee that is due
from the owner of a dam who has been assessed a penalty under this
section.
(B) The chief shall, in
accordance with Chapter 119. of
the
Revised Code and subject to the prior approval of the director of
natural resources, adopt, and may
amend or rescind, rules for the
collection of fees and the administration, implementation, and
enforcement of
this section and for the establishment of an
annual fee schedule
in lieu of the schedule established under in
division
(A) of this section.
(C)(1) No person, political subdivision, or state
governmental agency shall violate or
fail to comply with this
section or any rule or order adopted or
issued under it.
(2) The attorney general, upon written request of the
chief,
may commence an action against any such violator. Any
action under
division (C)(2) of this section is a civil action.
(D) As used in this section, "political subdivision" includes
townships,
municipal corporations, counties, school districts,
municipal
universities, park districts, sanitary districts, and
conservancy
districts and subdivisions thereof.
Sec. 1531.01. As used in this chapter and Chapter 1533. of
the Revised Code:
(A) "Person" means a person as defined in section 1.59 of the
Revised Code or a company; an employee, agent, or officer of such
a person or company; a combination of individuals; the state; a
political subdivision of the state; an interstate body created by
a compact; or the federal government or a department, agency, or
instrumentality of it.
(B) "Resident" means any individual who has resided in this
state for not less than six months next preceding the date of
making application for a license.
(C) "Nonresident" means any individual who does not qualify
as
a resident.
(D) "Division rule" or
"rule" means any rule adopted by the
chief of the division of wildlife under
section 1531.10 of the
Revised Code unless the context indicates otherwise.
(E) "Closed season" means that period of time during which
the taking of wild animals protected by this chapter and Chapter
1533. of the Revised Code is prohibited.
(F) "Open season" means that period of time during which
the
taking of wild animals protected by this chapter and Chapter 1533.
of the
Revised Code is
permitted.
(G) "Take or taking" includes pursuing, shooting, hunting,
killing, trapping, angling, fishing with a trotline, or netting
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle,
wild bird, or wild quadruped, and any lesser act, such as
wounding, or placing, setting, drawing, or using any other device
for killing or capturing any wild animal, whether it results in
killing or capturing the animal or not. "Take or taking" includes
every
attempt to kill or capture and every act of assistance to
any
other person in killing or capturing or attempting to kill or
capture a wild animal.
(H) "Possession" means both actual and constructive
possession and any control of things referred to.
(I) "Bag limit" means the number, measurement, or weight
of
any kind of crayfish, aquatic insects, fish,
frogs, turtles, wild
birds, and wild quadrupeds permitted to be
taken.
(J) "Transport and transportation" means carrying or
moving
or causing to be carried or moved.
(K) "Sell and sale" means barter, exchange, or offer or
expose for sale.
(L) "Whole to include part" means that every provision
relating to any wild animal protected by this chapter and Chapter
1533. of the Revised Code applies to any part of the wild
animal
with the
same effect as it applies to the whole.
(M) "Angling" means fishing with not more than two hand
lines, not more than two units of rod and line, or a combination
of not more than one hand line and one rod and line, either in
hand or under control at any time while fishing. The hand line
or
rod and line shall have attached to it not more than three
baited
hooks, not more than three artificial fly rod lures, or
one
artificial bait casting lure equipped with not more than
three
sets of three hooks each.
(N) "Trotline" means a device for catching fish that
consists
of a line
having suspended from it, at frequent
intervals,
vertical lines with hooks attached.
(O) "Fish" means a cold-blooded vertebrate having fins.
(P) "Measurement of fish" means length from the end of the
nose to
the longest tip or end of the tail.
(Q) "Wild birds" includes game birds and nongame birds.
(R) "Game" includes game birds, game quadrupeds, and
fur-bearing animals.
(S) "Game birds" includes mourning doves, ringneck
pheasants,
bobwhite quail, ruffed grouse,
sharp-tailed grouse,
pinnated
grouse, wild turkey, Hungarian
partridge, Chukar
partridge,
woodcocks, black-breasted plover,
golden plover,
Wilson's snipe or
jacksnipe, greater and lesser
yellowlegs, rail,
coots, gallinules,
duck, geese, brant, and
crows.
(T) "Nongame birds" includes all other wild birds not
included and defined as game birds or migratory game birds.
(U) "Wild quadrupeds" includes game quadrupeds and
fur-bearing animals.
(V) "Game quadrupeds" includes cottontail rabbits,
gray
squirrels, black squirrels, fox squirrels, red squirrels, flying
squirrels,
chipmunks, groundhogs or woodchucks, white-tailed deer,
wild
boar, and black bears.
(W) "Fur-bearing animals" includes minks, weasels,
raccoons,
skunks, opossums, muskrats, fox, beavers, badgers,
otters,
coyotes, and bobcats.
(X) "Wild animals" includes mollusks, crustaceans, aquatic
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds,
and all other wild mammals, but does not include domestic deer.
(Y) "Hunting" means pursuing, shooting, killing, following
after or on the trail of, lying in wait for, shooting at, or
wounding wild birds or wild quadrupeds while employing any device
commonly used to kill or wound wild birds or wild quadrupeds
whether or not the acts result in killing or wounding. "Hunting"
includes
every attempt to kill or wound and every act of
assistance to any other person in killing or wounding or
attempting to kill or wound wild birds or wild quadrupeds.
(Z) "Trapping" means securing or attempting to secure
possession of a wild bird or wild quadruped by means of setting,
placing, drawing, or using any device that is designed to close
upon, hold fast, confine, or otherwise capture a wild bird or
wild
quadruped whether or not the means results in capture. "Trapping"
includes every act of assistance to any other person in
capturing
wild birds or wild quadrupeds by means of the device
whether or
not the means results in capture.
(AA) "Muskrat spear" means any device used in spearing
muskrats.
(BB) "Channels and passages" means those narrow bodies of
water lying between islands or between an island and the mainland
in Lake Erie.
(CC) "Island" means a rock or land elevation above the
waters
of Lake Erie having an area of five or more acres above
water.
(DD) "Reef" means an elevation of rock, either broken or
in
place, or gravel shown by the latest United States chart to be
above the common level of the surrounding bottom of the lake,
other than the rock bottom, or in place forming the base or
foundation rock of an island or mainland and sloping from the
shore of it. "Reef" also means all elevations shown by
that
chart
to be above the common level of the sloping base or
foundation
rock of an island or mainland, whether running from
the shore of
an island or parallel with the contour of the shore
of an island
or in any other way and whether formed by rock, broken
or in
place, or from gravel.
(EE) "Fur farm" means any area used exclusively for
raising
fur-bearing animals or in addition thereto used for
hunting game,
the boundaries of which are plainly marked as such.
(FF) "Waters" includes any lake, pond, reservoir, stream,
channel, lagoon, or other body of water, or any part thereof,
whether natural or artificial.
(GG) "Crib" or "car" refers to that particular compartment
of
the net from which the fish are taken when the net is lifted.
(HH) "Commercial fish" means those species of fish
permitted
to be taken, possessed, bought, or sold unless
otherwise
restricted by the Revised Code or division rule and
are alewife
(Alosa pseudoharengus), American eel (Anguilla
rostrata), bowfin
(Amia calva), burbot (Lota lota), carp
(Cyprinus carpio),
smallmouth buffalo (Ictiobus bubalus), bigmouth buffalo
(Ictiobus
cyprinellus), black bullhead (Ictalurus
melas), yellow bullhead
(Ictalurus natalis), brown
bullhead
(Ictalurus nebulosus), channel
catfish (Ictalurus punctatus),
flathead catfish (Pylodictis
olivaris), whitefish (Coregonus
sp.), cisco (Coregonus sp.),
freshwater drum or sheepshead
(Aplodinotus grunniens), gar
(Lepisosteus sp.), gizzard shad
(Dorosoma cepedianum), goldfish
(Carassius auratus), lake trout
(Salvelinus namaycush), mooneye
(Hiodon tergisus), quillback
(Carpiodes cyprinus), smelt
(Allosmerus elongatus, Hypomesus sp.,
Osmerus sp., Spirinchus
sp.), sturgeon (Acipenser sp.,
Scaphirhynchus sp.), sucker other
than buffalo and quillback
(Carpiodes sp., Catostomus sp.,
Hypentelium sp., Minytrema sp.,
Moxostoma sp.), white bass (Morone
chrysops), white perch (Roccus
americanus), and yellow perch
(Perca flavescens). When the
common name of a fish is used in
this
chapter or Chapter 1533. of
the Revised Code, it refers to
the
fish designated by the
scientific name in this definition.
(II) "Fishing" means taking or attempting to take fish by
any
method, and all other acts such as placing, setting, drawing,
or
using any device commonly used to take fish whether resulting
in a
taking or not.
(JJ) "Fillet" means the pieces of flesh taken or cut from
both sides of a fish, joined to form one piece of flesh.
(KK) "Part fillet" means a piece of flesh taken or cut
from
one side of a fish.
(LL) "Round" when used in describing fish means with head
and
tail intact.
(MM) "Migrate" means the transit or movement of fish to or
from one place to another as a result of natural forces or
instinct and includes, but is not limited to, movement of fish
induced or caused by changes in the water flow.
(NN) "Spreader bar" means a brail or rigid bar placed
across
the entire width of the back, at the top and bottom of the
cars in
all trap, crib, and fyke nets for the purpose of keeping
the
meshes hanging squarely while the nets are fishing.
(OO) "Fishing guide" means any person who, for
consideration
or hire, operates a boat, rents, leases, or
otherwise furnishes
angling devices, ice fishing shanties or
shelters of any kind, or
other fishing equipment, and
accompanies, guides, directs, or
assists any other person in
order for the other person to engage
in fishing.
(PP) "Net" means fishing devices with meshes composed of
twine or synthetic material and includes, but is not limited to,
trap nets, fyke nets, crib nets, carp aprons, dip nets, and
seines, except minnow seines and minnow dip nets.
(QQ) "Commercial fishing gear" means seines, trap nets,
fyke
nets, dip nets, carp aprons, trotlines, other similar gear,
and
any boat used in conjunction with that gear, but does not
include
gill nets.
(RR) "Native wildlife" means any species of the animal
kingdom indigenous to this state.
(SS) "Gill net" means a single section of fabric or
netting
seamed to a float line at the top and a lead line at the
bottom,
which is designed to entangle fish in the net openings as
they
swim into it.
(TT) "Tag fishing tournament" means a contest in which a
participant pays a fee, or gives other valuable consideration,
for
a chance to win a prize by virtue of catching a tagged or
otherwise specifically marked fish within a limited period of
time.
(UU) "Tenant" means an individual who resides on land for
which
the individual pays rent and whose annual income is
primarily derived
from agricultural production conducted on that
land, as "agricultural
production" is defined in section 929.01 of
the Revised Code.
(VV) "Nonnative wildlife" means any wild animal not
indigenous to this state, but does not include domestic deer.
(WW) "Reptiles" includes common musk turtle
(sternotherus
odoratus), common snapping turtle (Chelydra
serpentina
serpentina), spotted turtle (Clemmys guttata), eastern box
turtle
(Terrapene carolina carolina),
Blanding's turtle (Emydoidea
blandingii), common
map turtle (Graptemys geographica), ouachita
map turtle
(Graptemys pseudogeographica ouachitensis), midland
painted turtle
(Chrysemys picta marginata), red-eared slider
(Trachemys
scripta elegans), eastern spiny softshell turtle
(Apalone spinifera
spinifera), midland smooth softshell turtle
(Apalone mutica
mutica), northern fence lizard (Sceloporus
undulatus
hyacinthinus), ground skink (Scincella lateralis),
five-lined skink
(Eumeces fasciatus), broadhead skink (Eumeces
laticeps),
northern coal skink (Eumeces anthracinus anthracinus),
European wall lizard (Podarcis muralis), queen snake
(Regina
septemvittata), Kirtland's snake (Clonophis
kirtlandii), northern
water snake (Nerodia sipedon sipedon),
Lake
Erie watersnake
(Nerodia sipedon insularum), copperbelly
water snake (Nerodia
erythrogaster
neglecta), northern brown snake (Storeria dekayi
dekayi),
midland brown snake (Storeria
dekayi wrightorum),
northern redbelly snake
(Storeria occipitomaculata
occipitomaculata), eastern garter snake
(Thamnophis sirtalis
sirtalis), eastern plains garter snake
(Thamnophis radix radix),
Butler's garter snake
(Thamnophis butleri), shorthead garter snake
(Thamnophis
brachystoma), eastern ribbon snake (Thamnophis
sauritus sauritus), northern ribbon snake (Thamnophis sauritus
septentrionalis), eastern hognose snake (Heterodon platirhinos),
eastern
smooth earth snake (Virginia valeriae valeriae), northern
ringneck
snake (Diadophis punctatus edwardsii), midwest worm snake
(Carphophis amoenus helenae), eastern worm snake (Carphophis
amoenus amoenus), black racer (Coluber constrictor constrictor),
blue
racer (Coluber constrictor foxii), rough green snake
(opheodrys aestivus), smooth green snake (opheodrys
vernalis
vernalis), black rat snake (Elaphe obsoleta obsoleta),
eastern fox
snake (Elaphe
vulpina gloydi), black kingsnake (Lampropeltis
getula nigra),
eastern milk snake (Lampropeltis triangulum
triangulum), northern
copperhead (Agkistrodon contortrix mokasen),
eastern massasauga
(Sistrurus catenatus catenatus), and timber
rattlesnake
(Crotalus horridus horridus).
(XX) "Amphibians" includes eastern hellbender
(Crytpobranchus
alleganiensis alleganiensis), mudpuppy (Necturus
maculosus
maculosus),
red-spotted newt
(Notophthalmus viridescens
viridescens), Jefferson
salamander (Ambystoma jeffersonianum),
spotted salamander
(Ambystoma maculatum), blue-spotted salamander
(Ambystoma
laterale), smallmouth salamander (Ambystoma texanum),
streamside
salamander (Ambystoma barbouri), marbled salamander
(Ambystoma opacum), eastern tiger salamander (Ambystoma
tigrinum
tigrinum), northern dusky salamander
(Desmognathus fuscus fuscus),
mountain dusky salamander
(Desmognathus ochrophaeus), redback
salamander (Plethodon
cinereus), ravine salamander (Plethodon
richmondi), northern slimy
salamander (Plethodon glutinosus),
Wehrle's salamander
(Plethodon wehrlei), four-toed salamander
(Hemidactylium
scutatum), Kentucky spring salamander (Gyrinophilus
porphyriticus duryi), northern spring salamander (Gyrinophilus
porphyriticus porphyriticus), mud
salamander (Pseudotriton
montanus), northern red salamander
(Pseudotriton ruber ruber),
green salamander (Aneides
aeneus),
northern two-lined salamander
(Eurycea bislineata), longtail
salamander (Eurycea longicauda
longicauda), cave salamander
(Eurycea
lucifuga), southern
two-lined salamander (Eurycea cirrigera),
Fowler's toad (Bufo
woodhousii fowleri),
American toad (Bufo americanus), eastern
spadefoot
(Scaphiopus holbrookii), Blanchard's cricket frog
(Acris
crepitans blanchardi), northern spring peeper
(Pseudacris
crucifer
crucifer), gray treefrog (Hyla versicolor),
Cope's gray treefrog
(Hyla chrysoscelis), western
chorus frog (Pseudacris triseriata
triseriata), mountain chorus frog
(Pseudacris brachyphona),
bullfrog (Rana catesbeiana),
green frog (Rana clamitans melanota),
northern leopard frog
(Rana pipiens), pickerel frog (Rana
palustris), southern
leopard frog (Rana utricularia), and wood
frog (Rana sylvatica).
(YY) "Deer" means white-tailed deer
(Oddocoileus
virginianus).
(ZZ) "Domestic deer" means nonnative
deer that have been
legally acquired or their offspring and that are held in
private
ownership for primarily agricultural purposes.
(AAA) "Migratory game bird" includes waterfowl (Anatidae);
doves (Columbidae); cranes (Gruidae); cormorants
(Phalacrocoracidea); rails, coots, and gallinules
(Rallidae); and
woodcock and snipe (Scolopacidae).
(BBB) "Accompany" means to go along with another person while
staying within a distance from the person that enables
uninterrupted, unaided visual and auditory communication.
(CCC) "Electric-powered all-purpose vehicle" means any
battery-powered self-propelled electric vehicle that is designed
primarily for cross-country travel on land, water, or land and
water and that is steered by wheels, caterpillar treads, or a
combination of wheels and caterpillar treads and includes vehicles
that operate on a cushion of air, vehicles commonly known as
all-terrain vehicles, all-season vehicles, mini-bikes, and trail
bikes. "Electric-powered all-purpose vehicle" does not include a
utility vehicle as defined in section 4501.01 of the Revised Code,
any vehicle that is principally used in playing golf, any motor
vehicle or aircraft that is required to be registered under
Chapter 4503. or 4561. of the Revised Code, or any vehicle that is
excluded from the definition of "motor vehicle" as provided in
division (B) of section 4501.01 of the Revised Code.
(DDD) "Children" means biological or adopted sons or
daughters and adopted stepsons or stepdaughters.
(EEE) "Grandchildren" means the children of one's child.
Sec. 1533.10. Except as provided in this section or
division
(A)(2) of section 1533.12 of the Revised Code, no person
shall
hunt any wild bird or wild quadruped without a hunting
license.
Each day that any person hunts within the state without
procuring
such a license constitutes a separate offense. Except as otherwise
provided in this section, every
applicant for a hunting license
who is a resident of the state
and eighteen years of age or more
shall
procure a resident hunting license or an apprentice resident
hunting license,
the fee for which shall be eighteen dollars
unless the rules
adopted under division (B) of section 1533.12 of
the Revised Code
provide for issuance of a resident hunting
license to the
applicant free of charge. Except as provided in
rules adopted under division (B)(2) of that section, each
applicant who is a resident of this state and who at the time of
application is sixty-six years of age or older shall procure a
special senior hunting license, the fee for which shall be
one-half of the regular hunting license fee. Every applicant who
is under the age of eighteen years shall procure a
special youth
hunting license or an apprentice youth hunting license, the fee
for which shall be
one-half of the regular hunting license fee.
The owner of A resident of this state who owns lands in the
state
and the
owner's children of any
age and grandchildren under
eighteen years of age may hunt
on the lands
without a hunting
license, but shall obtain a deer or wild turkey permit as required
in section 1533.11 of the Revised Code. The tenant and children of
the tenant, residing on lands in the state, may hunt
on them
without a hunting license, but shall obtain a deer or wild turkey
permit as required in section 1533.11 of the Revised Code. Except
as otherwise provided in division (A)(1) of section 1533.12 of the
Revised Code, every applicant for
a hunting
license who is a
nonresident of the state and who is eighteen years of age or older
shall procure a
nonresident hunting license or an apprentice
nonresident hunting license, the fee for which shall be
one
hundred twenty-four dollars unless the applicant is a resident of
a state that is a
party to an agreement under section 1533.91 of
the Revised Code,
in which case the fee shall be eighteen dollars.
Apprentice resident hunting licenses, apprentice youth hunting
licenses, and apprentice nonresident hunting licenses are subject
to the requirements established under section 1533.102 of the
Revised Code and rules adopted pursuant to it.
The chief of the division of wildlife may issue a
small game
hunting license expiring three days from the effective
date of the
license to a nonresident of the state, the fee for
which shall be
thirty-nine dollars. No person shall take or
possess deer, wild
turkeys, fur-bearing animals, ducks, geese, brant,
or any nongame
animal while
possessing only a
small game hunting license. A
small game hunting license or an apprentice nonresident hunting
license does not authorize the taking or possessing of
ducks,
geese, or brant without having obtained, in addition to
the small
game hunting license or the apprentice nonresident hunting
license, a wetlands habitat
stamp as provided in section 1533.112
of the Revised Code. A
small game hunting license or an
apprentice nonresident hunting license does not authorize the
taking
or possessing of deer, wild turkeys, or fur-bearing
animals. A
nonresident of the state who wishes to take or possess
deer,
wild turkeys, or fur-bearing animals in this state shall
procure, respectively, a deer or wild turkey permit as
provided in
section 1533.11 of the Revised Code or a fur
taker permit as
provided in section 1533.111 of the Revised
Code in addition to a
nonresident hunting license, an apprentice nonresident hunting
license, a special youth hunting license, or an apprentice youth
hunting license, as applicable, as provided in this
section.
No person shall procure or attempt to procure a hunting
license by fraud, deceit, misrepresentation, or any false
statement.
This section does not authorize the taking and possessing
of
deer or wild turkeys without first having obtained, in
addition to
the hunting license required by this section, a
deer or wild
turkey permit as provided in section 1533.11
of the Revised Code
or the taking and possessing of ducks, geese,
or brant without
first having obtained, in addition to the
hunting license required
by this section, a wetlands habitat
stamp as provided in section
1533.112 of the Revised Code.
This section does not authorize the hunting or trapping of
fur-bearing animals without first having obtained, in addition to
a hunting license required by this section, a fur taker permit as
provided in section 1533.111 of the Revised Code.
No hunting license shall be issued unless it is accompanied
by a written
explanation of the law in section 1533.17
of the
Revised Code and the penalty for its
violation, including a
description of terms of imprisonment and fines that may
be
imposed.
No hunting license, other than an apprentice hunting license,
shall be issued unless the applicant
presents to the agent
authorized to issue the license a
previously held hunting license
or evidence of having held such a
license in content and manner
approved by the chief, a
certificate of completion issued upon
completion of a hunter
education and conservation course approved
by the chief, or
evidence of equivalent training in content and
manner approved by
the chief. A previously held apprentice hunting
license does not satisfy the requirement concerning the
presentation of a previously held hunting license or evidence of
it.
No person shall issue a hunting license, except an apprentice
hunting license, to any person who
fails to present the evidence
required by this section. No
person shall purchase or obtain a
hunting license, other than an apprentice hunting license, without
presenting to the issuing agent the evidence required by this
section. Issuance of a hunting license in violation of the
requirements of this section is an offense by both the purchaser
of the illegally obtained hunting license and the clerk or agent
who issued the hunting license. Any hunting license issued in
violation of this section is void.
The chief, with approval of the wildlife council, shall
adopt
rules prescribing a hunter education and conservation
course for
first-time hunting license buyers, other than buyers of apprentice
hunting licenses, and for volunteer
instructors. The course shall
consist of subjects including, but
not limited to, hunter safety
and health, use of hunting
implements, hunting tradition and
ethics, the hunter and
conservation, the law in section 1533.17
of
the Revised Code along with the penalty for
its
violation,
including a description of terms of imprisonment and fines that
may
be imposed, and other law relating to hunting.
Authorized
personnel of the division or volunteer instructors approved by
the
chief shall conduct such courses with such frequency and at
such
locations throughout the state as to reasonably meet the
needs of
license applicants. The chief shall issue a certificate
of
completion to each person who successfully completes the
course
and passes an examination prescribed by the chief.
Sec. 1533.11. (A) Except as provided in this section, no
(1)
No person shall hunt deer on lands of another without first
obtaining an annual deer permit. Except as provided in
this
section, no No person shall hunt wild turkeys on lands of
another
without first obtaining an annual wild turkey
permit. Each
(2) Except as otherwise provided in this division, each
applicant
for a deer or wild turkey permit
shall pay an annual
fee of
twenty-three dollars for each permit unless the rules
adopted
under division (B)
of section 1533.12 of the Revised Code
provide
for issuance of a
deer or wild turkey permit to the
applicant free
of charge. A resident of this state who owns lands
in this state
and the owner's children and grandchildren shall
procure a
landowner deer or landowner wild turkey permit free of
charge in
order to hunt deer or wild turkeys on those lands. A
tenant and
children of the tenant residing on lands in this state
shall
procure a landowner deer or landowner wild turkey permit
free of
charge in order to hunt deer or wild turkeys on those
lands.
Except as provided in rules adopted under division (B)(2)
of that
section 1533.12 of the Revised Code, each applicant who
is a
resident of this state and who at the time of application is
sixty-six years of age or older shall procure a senior deer or
wild turkey permit in order to hunt on lands of another, the fee
for which shall be one-half of the regular deer or wild turkey
permit fee. Each applicant who is under the age of eighteen years
shall procure a youth deer or wild turkey permit in order to hunt
on lands of another, the fee for which shall be one-half of the
regular deer or wild turkey permit fee.
Except
(3) Except as provided in division (A)(2) of section 1533.12
of the
Revised Code, a deer or wild turkey permit shall run
concurrently
with the hunting license. The
(4) The money received shall be paid into the state
treasury
to the credit of the wildlife fund, created in section
1531.17 of
the Revised Code, exclusively for the use of the
division of
wildlife in the acquisition and development of land
for deer or
wild turkey management, for investigating deer or
wild turkey
problems, and for the stocking, management, and
protection of deer
or wild turkey. Every
(5) Every person, while hunting
deer or wild turkey on lands
of another, shall carry the
person's deer or wild turkey permit
and exhibit it
to any enforcement officer so requesting. Failure
to so carry and
exhibit such a permit constitutes an offense under
this section.
The chief of the division of wildlife shall adopt
any additional
rules the chief considers necessary to carry out
this section
and section 1533.10 of the Revised Code.
The owner and the children of the owner of lands in this
state may hunt deer or wild turkey thereon without a deer
or wild
turkey permit. The tenant and children of the
tenant may hunt deer
or wild turkey on lands where
they reside without a deer or wild
turkey permit.
(B) A deer or wild turkey permit is not
transferable. No
person shall carry a deer or wild
turkey permit issued in the name
of another person.
(C) The wildlife refunds fund is hereby created in the
state
treasury. The fund shall consist of money received from
application fees for deer permits that are not issued.
Money in
the fund shall be used to make refunds of such
application fees.
Sec. 1547.01. (A) As used in sections 1541.03,
1547.26,
1547.39, 1547.40, 1547.53, 1547.54, 1547.541, 1547.542,
1547.543,
1547.56, 1547.57, 1547.66, 3733.21, and 5311.01 of the
Revised
Code, "watercraft" means any of the following when used
or
capable
of being used for transportation on the water:
(1) A vessel operated by machinery either permanently or
temporarily affixed;
(2) A sailboat other than a sailboard;
(3) An inflatable, manually propelled boat
that is
required
by federal law to have a hull
identification number
meeting the
requirements of the United
States coast guard;
"Watercraft" does not include ferries as referred to in
Chapter 4583. of the Revised Code.
Watercraft subject to section 1547.54 of the Revised Code
shall be divided into five classes as follows:
Class A: Less than sixteen feet in length;
Class 1: At least sixteen feet, but less than twenty-six
feet
in length;
Class 2: At least twenty-six feet, but less than forty feet
in length;
Class 3: At least forty feet, but less than
sixty-five
feet
in length;
Class 4: At least sixty-five feet in length.
(B) As used in this chapter:
(1) "Vessel" includes every description of
craft,
including
nondisplacement craft and seaplanes,
designed to be used as a
means of transportation on water.
(2) "Rowboat" means any vessel, except a canoe, that is
designed to be rowed and
that is propelled by human muscular
effort by oars or
paddles
and upon which no mechanical propulsion
device, electric motor,
internal combustion engine, or sail has
been affixed or is used
for the operation of the vessel.
(3) "Sailboat" means any vessel, equipped with mast and
sails, dependent upon the wind to propel it in the normal course
of operation.
(a) Any sailboat equipped with an inboard engine is deemed
a
powercraft with auxiliary sail.
(b) Any sailboat equipped with a detachable motor is deemed
a
sailboat with auxiliary power.
(c) Any sailboat being propelled by mechanical power,
whether
under sail or not, is deemed a powercraft and subject to
all laws
and rules governing powercraft operation.
(4) "Powercraft" means any vessel propelled by machinery,
fuel, rockets, or similar device.
(5) "Person" includes any legal entity defined as a person
in
section 1.59 of the Revised Code and any body politic, except
the
United States and this state, and includes any agent, trustee,
executor, receiver, assignee, or other representative thereof.
(6) "Owner" includes any person who claims lawful
possession
of a vessel by virtue of legal title or equitable
interest therein
that entitled the
person to that possession.
(7) "Operator" includes any person who navigates or has
under
the person's control a vessel, or vessel and
detachable
motor, on
the waters in this state.
(8) "Visible" means visible on a dark night with clear
atmosphere.
(9) "Waters in this state" means all streams, rivers,
lakes,
ponds, marshes, watercourses, waterways, and other
bodies of
water, natural or humanmade,
that are situated
wholly or partially
within this state or within its jurisdiction
and are used for
recreational boating.
(10) "Navigable waters" means waters that come under the
jurisdiction of the department of the army of the United States
and any waterways within or adjacent to this state, except inland
lakes having neither a navigable inlet nor outlet.
(11) "In operation" in reference to a vessel means that
the
vessel is being navigated or otherwise used on the waters in this
state.
(12) "Sewage" means human body wastes and the wastes from
toilets and other receptacles intended to receive or retain body
waste.
(13) "Canoe" means a narrow vessel of shallow draft,
pointed
at both ends and propelled by human muscular effort, and
includes
kayaks, racing shells, and rowing sculls.
(14) "Coast guard approved" means bearing an approval
number
assigned by the United States coast guard.
(15) "Type one personal flotation device" means a device
that
is designed to turn an unconscious person floating in
water
from a
face downward position to a vertical or slightly face
upward
position and that has at least nine
kilograms,
approximately
twenty pounds, of buoyancy.
(16) "Type two personal flotation device" means a device
that
is designed to turn an unconscious person in the
water from
a
face
downward position to a vertical or slightly face upward
position
and that has at least seven kilograms,
approximately
fifteen and
four-tenths pounds, of buoyancy.
(17) "Type three personal flotation device" means a device
that is designed to keep a conscious person in a vertical
or
slightly face upward position and that has at least
seven
kilograms, approximately fifteen and four-tenths pounds, of
buoyancy.
(18) "Type four personal flotation device" means a device
that is designed to be thrown to a person in the water and
not
worn and that has at least seven and
five-tenths
kilograms,
approximately sixteen and five-tenths pounds, of
buoyancy.
(19) "Type five personal flotation device" means a
device
that, unlike other personal flotation devices, has limitations on
its approval by the United States coast guard, including, without
limitation, all of the following:
(a) The approval label on the type five personal flotation
device
indicates that the device is approved for the activity in
which the vessel is
being used or as a substitute for a personal
flotation device of the type
required on the vessel in use.
(b) The personal flotation device is used in accordance with
any
requirements on the approval label.
(c) The personal flotation device is used in accordance with
requirements in its owner's manual if the approval label refers to
such a
manual.
(20) "Inflatable watercraft" means any vessel constructed
of
rubber, canvas, or other material that is designed to
be
inflated
with any gaseous substance, constructed with two or more
air
cells, and operated as a vessel. Inflatable watercraft
propelled
by a motor shall be classified as powercraft and shall
be
registered by length.
Inflatable watercraft propelled by a sail
shall be classified as a sailboat and shall be registered by
length.
(21) "Idle speed" means the slowest possible speed needed
to
maintain steerage or maneuverability.
(22) "Diver's flag" means a red flag not less than one
foot
square having a diagonal white stripe extending from the
masthead
to the opposite lower corner that when displayed
indicates that
divers are in the water.
(23) "Muffler" means an acoustical suppression
device or
system that is designed and installed to abate the
sound of
exhaust gases emitted from an internal combustion engine
and that
prevents excessive or unusual noise.
(24) "Law enforcement vessel" means any vessel used in law
enforcement and under the command of a law enforcement officer.
(25) "Personal watercraft" means a vessel, less than sixteen
feet
in length, that is propelled by machinery and designed to be
operated by an
individual sitting, standing, or kneeling on the
vessel rather than by an
individual sitting or standing inside the
vessel.
(26) "No wake" has the same meaning as "idle speed."
(27) "Watercraft dealer" means any person who is regularly
engaged in the business of manufacturing, selling, displaying,
offering for
sale, or dealing in vessels at an established place
of business. "Watercraft
dealer" does not include a person who is
a marine salvage dealer or any other
person who dismantles,
salvages, or rebuilds vessels using used parts.
(28) "Electronic" includes electrical, digital, magnetic,
optical, electromagnetic, or any other form of technology that
entails
capabilities similar to these technologies.
(29) "Electronic record" means a record generated,
communicated,
received, or stored by electronic means for use in
an information system or
for transmission from one information
system to another.
(30) "Electronic signature" means a signature in electronic
form
attached to or logically associated with an electronic
record.
(31) "Drug of abuse" has the same meaning as in section
4506.01 of the Revised Code.
(C) Unless otherwise provided, this chapter applies to all
vessels operating on the waters in this state. Nothing in this
chapter shall be construed in contravention of any valid federal
act or regulation, but is in addition to the act or
regulation
where not inconsistent.
The state reserves to itself the exclusive right to
regulate
the minimum equipment requirements of watercraft and
vessels
operated on the waters in this state.
(32) "Watercourse" means a substantially natural channel with
recognized banks and bottom in which a flow of water occurs, with
an average of at least ten feet mean surface water width and at
least five miles of length.
(33) "Impoundment" means the reservoir created by a dam or
other artificial barrier across a watercourse that causes water to
be stored deeper than and generally beyond the banks of the
natural channel of the watercourse during periods of normal flow,
but does not include water stored behind rock piles, rock riffle
dams, and low channel dams where the depth of water is less than
ten feet above the channel bottom and is essentially confined
within the banks of the natural channel during periods of normal
stream flow.
(34) "Wild river area" means an area declared a wild river
area by the director of natural resources under this chapter and
includes those rivers or sections of rivers that are free of
impoundments and generally inaccessible except by trail, with
watersheds or shorelines essentially primitive and waters
unpolluted, representing vestiges of primitive America.
(35) "Scenic river area" means an area declared a scenic
river area by the director under this chapter and includes those
rivers or sections of rivers that are free of impoundments, with
shorelines or watersheds still largely primitive and shorelines
largely undeveloped, but accessible in places by roads.
(36) "Recreational river area" means an area declared a
recreational river area by the director under this chapter and
includes those rivers or sections of rivers that are readily
accessible by road or railroad, that may have some development
along their shorelines, and that may have undergone some
impoundment or diversion in the past.
Sec. 1547.02. Unless otherwise provided, this chapter applies
to all vessels operating on the waters in this state. Nothing in
this chapter shall be construed in contravention of any valid
federal act or regulation, but is in addition to the act or
regulation where not inconsistent.
The state reserves to itself the exclusive right to regulate
the minimum equipment requirements of watercraft and vessels
operated on the waters in this state.
Sec. 1547.51. There is hereby created within the department
of natural
resources the division of watercraft. The division
shall administer do all of the following:
(A) Administer and
enforce all laws relative to the
identification, numbering, registration,
titling, use, and
operation of vessels operated on the waters in this state and,
with the approval of the director of natural resources, educate;
(B) Educate
and inform the citizens of the state about, and
promote,
conservation, navigation, safety practices, and the
benefits of
recreational boating;
(C) Provide wild, scenic, and recreational river area
conservation education and provide for corridor protection,
restoration, habitat enhancement, and clean-up projects in wild
river areas, scenic river areas, and recreational river areas;
(D) Provide for and assist in the development, maintenance,
and operation of marine recreational facilities, docks, launching
facilities, and harbors for the benefit of public navigation,
recreation, or commerce if the chief of the division of watercraft
determines that they are in the best interests of the state.
Sec. 1547.52. (A) The division of watercraft shall be
administered by the chief of the division of watercraft. The
chief
may adopt, amend, and rescind:
(1) Rules considered necessary by the chief to supplement
the
identification, operation, titling, use, registration, and
numbering of watercraft or vessels as provided in this chapter
and
Chapter 1548. of the Revised Code;
(2) Rules governing the navigation of vessels on waters in
this state, including, but not limited to, rules regarding
steering and sailing, the conduct of vessels in sight of one
another or in restricted visibility, lights and shapes of lights
used on vessels, and sound and light signals. As the chief
considers necessary, these navigational rules shall be consistent
with and equivalent to the regulations and interpretive
rulings
governing inland waters adopted or issued under the "Inland
Navigational Rules Act of 1980," 94 Stat. 3415, 33 U.S.C.A. 151,
1604, 1605, 1608, 2001 to 2008, and 2071 to 2073.
(3) Rules governing the use, visitation, protection, and
administration of wild river areas, scenic river areas, and
recreational river areas;
(4) Rules establishing fees and charges for all of
the
following:
(a) Boating skill development classes and other
educational
classes;
(b) Law enforcement services provided at special
events when
the services are in addition to normal enforcement
duties;
(c) Inspections of vessels or motors conducted
under this
chapter or Chapter
1548. of the Revised
Code;
(d) The conducting of stream impact reviews of any planned or
proposed construction, modification, renovation, or development
project that may potentially impact a watercourse within a
designated wild, scenic, or recreational river area.
All rules adopted by the chief under division (A) of
this
section shall be
adopted in accordance with Chapter 119. of the
Revised Code and
are subject to the prior approval of the director
of
natural
resources.
(B) The chief, with the approval of the director, may employ
such clerical
and
technical help as
the chief considers necessary.
(C) The chief may designate license agents with the
approval
of the director.
(D) The division is hereby designated as the agency to
administer the Ohio boating safety program and allocated federal
funds under, and the chief shall prepare and submit reports in
such form as may be required by, the "Federal Boat Safety Act of
1971," 85 Stat. 222, 46 U.S.C.A. 1475(a)(6), as amended.
(E) The chief may sell any of the
following:
(1) Items related to or that promote
boating safety,
including, but not limited to, pins, badges,
books, bulletins,
maps, publications, calendars, and other
educational articles;
(2) Artifacts pertaining to boating;
(3) Confiscated or forfeited items;
Sec. 1547.531. (A)(1) Except as provided in division
(A)(2)
or (B) of this section, no person shall operate
or give
permission
for the operation of any watercraft on the waters in
this state
unless the watercraft is registered in the name of the
current
owner in accordance with section 1547.54 of the Revised
Code, and
the registration is valid and in effect.
(2) On and after January 1, 1999, if a
watercraft
that is
required to be issued a certificate of title under Chapter
1548.
of the Revised Code
is transferred to a new owner, it need not be
registered under section
1547.54 of the Revised Code for
forty-five days following the date of the transfer, provided that
the new owner purchases a temporary watercraft registration under
division
(A) of this section or holds a bill of sale from a
watercraft
dealer.
For the purposes of division
(A)(2) of this section, a
temporary watercraft registration or a bill of sale from a
watercraft dealer shall contain at least all of the following
information:
(a) The hull identification number or serial number of the
watercraft;
(b) The make of the watercraft;
(c) The length of the watercraft;
(d) The type of propulsion, if any;
(e) The state in which the watercraft
principally is
operated;
(f) The name of the owner;
(g) The address of the owner, including the zip
code;
(h) The signature of the owner;
(i) The date of purchase;
(j) A notice to the owner that the temporary
watercraft
registration expires forty-five days after the date
of purchase of
the watercraft or that the watercraft cannot be
operated on the
waters in this state solely under the bill of
sale beginning
forty-five days after the date of purchase of the
watercraft, as
applicable.
(3) A person may purchase a temporary watercraft
registration
from the chief of the division of watercraft or
from
an authorized
agent designated under section 1547.54 of the
Revised
Code. The
chief shall furnish
forms for temporary
watercraft registrations
to authorized
agents. In addition to
completing the registration
form with
the information specified in
divisions
(A)(2)(a)
to (i)
of this section, the person
shall pay
one of the
applicable fees
required under divisions (A)(2)(a)
to
(g) of section 1547.54 of
the Revised Code as provided in that
section.
Moneys received for the payment of temporary watercraft
registrations shall be deposited to the credit of the waterways
safety fund created in section 1547.75 of the
Revised
Code.
(4) In addition to the applicable fee required
under
division
(A)(3) of this
section, the chief or an authorized agent
shall
charge an
additional writing fee of three dollars for a temporary
watercraft
registration that the chief or the authorized agent
issues.
When the temporary watercraft registration is issued by
an
authorized agent, the agent may retain the additional writing
fee.
When
the temporary watercraft registration is issued by the
chief,
the
additional writing fee shall be deposited to the credit
of the
waterways
safety fund.
(5) A person who purchases a temporary watercraft
registration for a watercraft and who subsequently applies for a
registration
certificate under section 1547.54 of the
Revised
Code
need not pay the fee required under division (A)(2) of
that
section for the initial registration certificate issued for that
watercraft, provided that at the time of application for the
registration
certificate, the person furnishes proof of payment
for the
temporary watercraft registration.
(6) A person who purchases a temporary watercraft
registration, who subsequently applies for a registration
certificate under section 1547.54 of the
Revised
Code, and who is
exempt from
payment for the registration certificate under
division
(O)(P) of that section may apply
to the chief for a
refund
of the amount paid for the temporary
watercraft
registration at
the time that the person applies for
a
registration certificate.
The chief shall refund that amount
upon
issuance to the person of
a registration
certificate.
(7) All records of the division of watercraft made or
maintained for the purposes of divisions
(A)(2) to (8) of this
section
are public records. The records shall be available for
inspection at reasonable hours and in a manner that is
compatible
with normal operations of the division.
(8) Pursuant to division
(A)(1) of section 1547.52 of
the
Revised
Code, the chief may adopt rules
establishing all of the
following:
(a) Record-keeping requirements governing the
issuance of
temporary watercraft registrations and the use of
bills of sale
from watercraft dealers for the purposes of
division (A)(2) of
this
section;
(b) Procedures and requirements for the refund
of fees under
division (A)(6)
of this section;
(c) Any other procedures and requirements
necessary for the
administration and enforcement of divisions
(A)(2) to (8) of this
section.
(B) All of the following watercraft are exempt from
registration:
(1) Those that are exempt from numbering by the state
under
divisions (B) to (G) of section 1547.53 of the Revised
Code;
(2) Those that have been issued a commercial documentation
by
the United States coast guard or its successor and are used
exclusively for commercial purposes;
(3) Those that have been documented by the United States
coast guard or its successor as temporarily transitting, whose
principal use is not on the waters in this state, and that have
not been used within this state for more than sixty days.
(C) No person shall operate a watercraft documented by the
United States coast guard or its successor unless the certificate
of documentation is valid, is on the watercraft for which it has
been issued, and is available for inspection whenever the
watercraft is in operation. In accordance with 46 C.F.R. part
67,
as amended, the watercraft shall display the official number,
the
vessel name, and the home port listed on the certificate of
documentation.
(D)(1) For the purposes of this section and section
1547.53
of the Revised Code, a watercraft is principally using
the waters
in this state if any of the following applies:
(a) The owner resides in this state and declares that the
watercraft principally is using the waters in this state.
(b) The owner resides in another state, but declares that
the
watercraft principally is using the waters in this state.
(c) The watercraft is registered in another state or
documented by the United States coast guard and is used within
this state for more than sixty days regardless of whether it has
been assigned a seasonal or permanent mooring at any public or
private docking facility in this state.
(2) Notwithstanding division (D)(1)(c) of this section, a
person on active duty in the armed forces of the United States
may
register a watercraft in the person's state of permanent
residence
in
lieu of registering it in this state regardless of the number
of
days that the watercraft is used in this state.
Sec. 1547.54. (A)(1)
Except as otherwise provided in
section
1547.542 of the Revised Code, the owner of every
watercraft
requiring
registration under this chapter shall file an
application for a
triennial registration certificate with the
chief of the division of
watercraft on forms that shall be
provided by the chief or by an electronic
means approved by the
chief. The
application shall be signed by the following:
(a) If the watercraft is owned by two persons under joint
ownership with
right of survivorship established under section
2131.12 of the Revised Code,
by both of those persons as owners of
the watercraft. The
signatures may be done by electronic
signature
if the owners themselves are
renewing the registration
and there
are no changes in the registration
information since the
issuance
of the immediately preceding registration
certificate.
In
all
other instances, the signatures
shall be done
manually.
(b) If the watercraft is owned by a minor, by the minor and
a
parent or legal
guardian. The signatures may be done by
electronic
signature if the parent or legal guardian and the minor
themselves
are
renewing the registration and there are no changes
in the
registration
information since the issuance of the
immediately
preceding registration
certificate. In all other
instances, the
signatures
shall be done manually.
(c) In all other cases, by the owner of the watercraft. The
signature may be done by electronic signature if the owner
is
renewing the registration
personally and there are no
changes in
the registration
information since the issuance of the
immediately
preceding registration
certificate. In all other
instances, the
signatures
shall be done manually.
(2) An application for a triennial registration of a
watercraft filed
under division
(A)(1) of this section shall be
accompanied by the following
fee:
(a) For canoes,
rowboats, and inflatable watercraft
that
are
numbered under section 1547.53 of the Revised Code,
twelve
dollars;
(b)
For canoes, row boats, and inflatable watercraft that are
not numbered under section 1547.53 of the Revised Code, seventeen
dollars;
(c) For class A watercraft, including motorized canoes,
thirty
dollars;
(d) For class 1 watercraft, forty-five dollars;
(e) For class 2 watercraft, sixty dollars;
(f) For class 3 watercraft, seventy-five dollars;
(g) For class 4 watercraft, ninety dollars.
(3) For the purpose of registration, any watercraft operated
by
means of power, sail, or any other mechanical or electrical
means
of propulsion, except motorized canoes, shall be
registered
by length as prescribed in this
section.
(4) If an application for registration is filed by two
persons
as owners
under division (A)(1)(a) of this section, the
person who is
listed first on
the title shall serve as and perform
the duties of the "owner"
and shall be
considered the person "in
whose name the watercraft is
registered" for
purposes of divisions
(B) to (Q)(R) of this section and for
purposes
of all other
sections
in this chapter.
(B) All registration certificates
issued under this section
are valid for three years and are
renewable on a
triennial basis
unless sooner terminated or discontinued in
accordance with this
chapter. The renewal date shall be printed
on the registration
certificate. A registration certificate may
be renewed by the
owner in the manner prescribed by the chief. All fees shall
be
charged according to a proration of the time
remaining in the
registration cycle to the nearest year.
(C) In addition to the fees set forth in this section, the
chief, or any authorized agent, shall charge an additional writing
fee of
three dollars for any registration certificate
the chief or
authorized agent issues.
When the registration
certificate is
issued by an authorized
agent, the additional writing fee of three
dollars
shall be retained by the issuing
agent. When the
registration
certificate is issued by the chief, the additional
writing fee of three
dollars shall be deposited to the credit of
the waterways safety
fund established in section 1547.75 of the
Revised Code.
(D) In addition to the fees established in this section,
watercraft that are not powercraft shall be charged a waterways
conservation assessment fee of five dollars. The fee shall be
collected at the time of the issuance of a triennial watercraft
registration under division (A)(2) of this section and deposited
in the state treasury and credited to a distinct account in the
waterways safety fund created in section 1547.75 of the Revised
Code.
(E)(1) Upon receipt of the application in approved form, the
chief shall enter the same upon the records of the office of the
division of watercraft, assign a number to the watercraft if a
number is
required under section 1547.53 of the Revised Code, and
issue to
the applicant a registration certificate. If a number is
assigned
by the chief, it shall be set forth on the certificate.
The
registration certificate shall be on the watercraft for which
it
is issued and available at all times for inspection whenever
the
watercraft is in operation, except that livery operators may
retain the registration certificate at the livery where it shall
remain available for inspection at all times
and except as
otherwise provided in division (D)(E)(2) of this section.
(2) A person who is operating on the waters of this state a
canoe, rowboat, or inflatable watercraft that has not been
numbered under section 1547.53 of the Revised Code and who is
stopped by a law enforcement officer in the enforcement of this
chapter or rules adopted under it shall present to the officer,
not later than seventy-two hours after being stopped, a
registration certificate. The registration certificate shall have
been obtained under this section for the canoe, rowboat, or
inflatable watercraft prior to the time that it was stopped.
Failure of the person to present the registration certificate
within seventy-two hours constitutes prima-facie evidence of a
violation of this section.
(E)(F) No person shall issue or be issued a registration
certificate for a watercraft that
is required to be issued a
certificate of title under Chapter 1548.
of the Revised Code
except upon presentation of a certificate of title for the
watercraft as provided in that
chapter,
proof of current
documentation by the United States coast guard,
a renewal
registration form provided by the division of
watercraft, or a
certificate of registration issued under this
section that has
expired if there is no change in the ownership or description
of
the watercraft.
(F)(G) Whenever the ownership of a watercraft changes, a new
application form together with the prescribed fee shall be filed
with the chief or the chief's agent and a new
registration
certificate
shall be issued. The application shall be signed
manually by the
person or persons
specified in divisions (A)(1)(a)
to (c) of this section and shall be
accompanied by a
two-dollar
transfer fee. Any remaining time on the registration
shall be
transferred. An authorized agent of the chief shall
charge an
additional writing fee of three dollars, which shall be
retained
by the
issuing agent. If the certificate is issued
by the chief,
an
additional writing fee of three dollars for each
certificate
issued shall
be collected and deposited to the credit of the
waterways safety fund.
(G)(H) If an agency of the United States has in force an
overall system of identification numbering for watercraft or
certain types of watercraft within the United States, the
numbering system employed by the division shall be in conformity
with that system.
(H)(I)(1) The chief may assign any registration certificates
to
any authorized agent for the assignment of the registration
certificates. If a person
accepts that authorization, the person
may be assigned a
block of
numbers
and certificates that upon
assignment, in
conformity
with this chapter and Chapter 1548. of
the Revised Code
and with
rules of the division, shall be valid as
if assigned
directly by the division. Any person so designated as
an agent
by
the chief shall post with the division security as may
be
required
by the director of natural resources. The chief may
issue an
order temporarily or permanently restricting or
suspending an
agent's authorization without a hearing if the
chief
finds
that
the agent has violated this chapter or Chapter 1548. of
the
Revised Code, rules adopted under them, or any agreements
prescribed
by the chief.
(2) A clerk of the court of common pleas may apply for
designation as an authorized agent of the chief. The division
shall accept the clerk's bond that is required under section
2303.02 of the Revised Code for any security that is required for
agents under this division, provided that the bond includes a
rider or other provision specifically covering the clerk's duties
as an authorized agent of the chief.
(I)(J) All records of the division made or kept pursuant to
this section shall be public records. Those records shall be
available for inspection at reasonable hours and in a manner
compatible with normal operations of the division.
(J)(K) The owner shall furnish the division notice within
fifteen days of the following:
(1) The transfer, other than through the creation of a
security interest in
any watercraft, of all or any part of the
owner's interest
or, if the watercraft is
owned by two persons
under joint ownership with right of survivorship
established under
section 2131.12 of the Revised Code, of all or any part of
the
joint interest of either of the two persons. The transfer shall
not
terminate the registration certificate.
(2) Any change in the address appearing on the
certificate
.
As a part of the notification, the owner
shall furnish
the chief
with
the owner's new address.
(3) The destruction or abandonment of the watercraft.
(K)(L) The chief may issue duplicate registration
certificates
or duplicate tags to owners of currently registered
watercraft,
the fee for which shall be four dollars.
(L)(M) If the chief finds that a registration certificate
previously issued to an owner is in error to a degree that would
impair its basic purpose and use, the chief may issue a
corrected
certificate to the owner without charge.
(M)(N) No authorized agent shall issue and no person shall
receive or accept from an authorized agent a registration
certificate assigned to the authorized agent under division (H)(I)
of
this section unless the exact month, day, and year of issue
are
plainly written on the certificate by the agent. Certificates
issued
with
incorrect dates of issue are void from the time they
are
issued.
(N)(O) The chief, in accordance with Chapter 119. of the
Revised Code,
shall adopt
rules governing the renewal of
watercraft registrations by electronic means.
(O)(P) As used in this section:
(1) "Disabled veteran" means a person who is
included in
either
of the following categories:
(a) Because of a service-connected disability, has been or
is
awarded funds for the purchase of a motor vehicle under the
"Disabled Veterans' and Servicemen's Automobile Assistance Act of
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto;
(b) Has a service-connected disability rated at one
hundred
per cent by the veterans administration.
(2) "Prisoner of war" means any regularly appointed,
enrolled, enlisted, or inducted member of the military forces of
the United States who was captured, separated, and incarcerated
by
an enemy of the United States at any time, and any regularly
appointed, enrolled, or enlisted member of the military forces of
Great Britain, France,
Australia, Belgium, Brazil, Canada, China,
Denmark, Greece, the
Netherlands, New Zealand, Norway, Poland,
South Africa, or the republics
formerly associated with the Union
of Soviet
Socialist Republics or
Yugoslavia who was a citizen of
the United States at the time of
the appointment, enrollment, or
enlistment, and was captured,
separated, and incarcerated by an
enemy of this country during
World War II.
(P)(Q) Any disabled veteran, congressional medal of honor
awardee, or prisoner of war may apply to the chief for a
certificate of registration, or for a renewal of the
certificate
of
registration, without the payment of any fee required by
this
section.
The application for a certificate of registration shall
be accompanied
by evidence of disability or by documentary
evidence
in
support of a congressional medal of honor that the
chief
requires
by rule. The application for a certificate of
registration by any
person who has been a prisoner of war shall be
accompanied by
written evidence in the form of a record of
separation, a letter
from one of the armed forces of a country
listed in division
(O)(P)(2) of this section, or other evidence
that
the chief
may
require by rule, that the person was honorably
discharged or is
currently residing in this state on active duty
with
one of the
branches of the armed forces of the United States,
or was a
prisoner of war and was honorably discharged or received
an
equivalent discharge or release from one of the armed forces of
a
country listed in division (O)(P)(2) of this section.
(Q)(R) Annually by the fifteenth day of January, the director
of natural resources shall determine the amount of fees that
would
have been collected in the prior calendar year for each
certificate of registration issued or renewed pursuant to
division
(P)(Q)
of this section and shall certify the total amount of
foregone
revenue
to the director of budget and management for
reimbursement. The
director of budget and management shall
transfer the
amount certified from the general revenue fund to the
waterways
safety fund created pursuant to section 1547.75 of the
Revised
Code.
Sec. 1547.542. Any person or organization owning any
number
of canoes,
rowboats, inflatable watercraft, or
sailboats
for the
purpose of rental to the public may apply with
the chief
of the
division of watercraft for and receive an annual
certificate of
livery registration. No watercraft shall be
rented
to the public
from a livery or other place of business in
this
state unless it
first has been numbered and
registered in
accordance with this
section or section 1547.54 of the Revised
Code. Certificates of
livery registration shall be issued by
an
authorized agent who is
selected
by the chief from among those
designated under section
1547.54 of the
Revised Code. The
certificate shall
display the
name of the
owner of the livery, the
date of issuance, the date of
expiration, the number of watercraft
registered, the fee paid,
an
authorized facsimile of
the signature
of the chief provided by the
authorized agent who is selected
to
issue the certificate, and the
signature of the livery
owner. The
certificate shall bear the
livery watercraft
registration number
assigned to the livery
owner, which shall be
displayed in
accordance with section 1547.57
of the Revised Code
on each
watercraft in the fleet for which the
certificate was
issued. The
owner of a livery shall obtain an
amended
certificate of livery
registration from the chief whenever
the
composition of the fleet
changes.
The fee for each watercraft registered under this section
shall be
an annual registration fee. The fee
shall be one-third
of
the
triennial registration fees prescribed
in
section 1547.54
of
the Revised Code. However, if the size of
the
fleet does not
increase, the fee for an amended certificate of
livery
registration shall be the fee prescribed for issuing a
duplicate
registration certificate under section 1547.54 of the
Revised
Code, and the chief shall not refund to the livery owner
all or
any portion of an annual registration fee applicable to a
watercraft transferred or abandoned by the livery owner. If the
size of the fleet increases, the livery owner shall be required
to
pay the applicable annual registration fee for each watercraft
registered under an amended certificate of livery registration
that is in excess of the number of watercraft contained in the
annual certificate of livery registration.
In addition to the fees established in this section,
watercraft that are not powercraft shall be charged a waterways
conservation assessment fee. The fee shall be collected at the
time of the issuance of an annual livery registration under this
section and shall be one dollar and fifty cents for each
watercraft included in the registration. The fee shall be
deposited in the state treasury and credited to a distinct account
in the waterways safety fund created in section 1547.75 of the
Revised Code.
The certificate of livery registration, rental receipts,
and
required safety equipment are subject to inspection at any
time at
the livery's place of business by any authorized
representative of
the division of watercraft or any law
enforcement officer in
accordance with section 1547.63 of the
Revised Code.
Except as provided in this section, all watercraft
registered
under this section are subject to this chapter and
Chapter 1548.
of the Revised Code.
The chief may issue an order temporarily or permanently
restricting or suspending a livery certificate of registration
and
the privileges associated with it without a
hearing if the chief
finds that the holder of the certificate has violated this
chapter.
Sec. 1547.73. There is hereby created in the division of
watercraft, a waterways safety council composed of five members
appointed by the governor with the advice and consent of the
senate. Not more than three of such appointees shall belong to
the
same political party. Terms of office shall be for five
years,
commencing on the first day of February and ending on the
thirty-first day of January, except that upon expiration of the
term ending February 4, 1973, the new term which succeeds it
shall
commence on February 5, 1973 and end on January 31, 1978;
upon
expiration of the term ending February 3, 1974, the new term
which
succeeds it shall commence on February 4, 1974 and end on
January
31, 1979; upon expiration of the term ending February 2,
1975, the
new term which succeeds it shall commence on February
3, 1975 and
end on January 31, 1980; and upon expiration of the
term ending
February 6, 1977, the new term which succeeds it
shall commence on
February 7, 1977 and end on January 31, 1982.
Each member shall
hold office from the date of his appointment
until the end of the
term for which he the member was appointed. The chief
of the
division of watercraft shall act as secretary of the
council. In
the event of the death, removal, resignation, or
incapacity of a
member of the council, the governor, with the
advice and consent
of the senate, shall appoint a successor to
fill the unexpired
term who shall hold office for the remainder
of the term for which
his the member's predecessor was
appointed. Any member shall
continue in office subsequent to the expiration
date of his the
member's term until his the
member's successor takes office, or
until a period of sixty days has
elapsed, whichever occurs first.
The governor may remove any appointed member
of the council for
misfeasance,
nonfeasance, or malfeasance in office.
(A) Advise with and recommend to the chief as to plans and
program programs for the construction, maintenance, repair, and
operation
of refuge harbors and other projects for the harboring,
mooring,
docking, and storing of light draft vessels as provided
in
sections 1547.71, 1547.72, and 1547.78 of the Revised Code;
(B) Advise with and recommend to the chief as to the
methods
of coordinating the shore erosion projects of the
department of
natural resources with the refuge of light draft
vessel harbor
projects;
(C) Advise with and recommend to the chief as to plans and
programs for the acquisition, protection, construction,
maintenance, and administration of wild river areas, scenic river
areas, and recreational river areas;
(D) Consider and make recommendations upon any matter
which
is brought to its attention by any person or which that the
chief
may submit to it;
(D)(E) Submit to the governor biennially recommendations for
amendments to the laws of the state relative to refuge and light
draft vessel harbor projects.
Before entering upon the discharge of his official duties,
each
member of the council shall take and subscribe to an oath of
office, which oath, in writing, shall be filed in the office of
the secretary of state.
The members of the council shall serve without compensation,
but shall be entitled to receive their actual and necessary
expenses incurred in the performance of their official duties
from
the waterways safety fund as provided in section 1547.75 of
the
Revised Code.
The council shall, by a majority vote of all its members,
adopt and amend bylaws.
To be eligible for appointment as a member of the council,
a
person shall be a citizen of the United States, and an elector of
the state, and possess a knowledge of and have an interest in
small boat operations.
The council shall hold at least four regular quarterly
meetings each year. Special meetings shall be held at such times
as the bylaws of the council provide, or at the behest of a
majority of its members. Notices of all meetings shall be given
in
such manner as the bylaws provide. The council shall choose
annually from among its members a chairman chairperson to
preside
over its
meetings. A majority of the members of the council shall
constitute a quorum. No advice shall be given or recommendation
made without a majority of the members of the council concurring
therein.
Sec. 1517.14 1547.81. As used in sections 1517.14 to 1517.18
of
the Revised Code, "watercourse" means a
substantially natural
channel with recognized banks and bottom, in
which a flow of
water occurs, with an average of at least ten feet
mean surface
water width and at least five miles of length. The
director of
natural resources or the director's representative may
create,
supervise,
operate, protect, and maintain wild, scenic,
and
recreational
river areas under the classifications established
in
section
1517.15 of the Revised Code. In creating wild, scenic, and
recreational river areas, the director shall classify each such
area as either a wild river area, a scenic river area, or a
recreational river area. The director or
the director's
representative
may prepare and maintain a plan for
the
establishment,
development, use, and administration of those
areas as a part of
the comprehensive state plans for water
management and outdoor
recreation. The director or the director's
representative
may cooperate
with federal agencies administering
any federal program
concerning wild, scenic, or recreational river
areas.
The director may propose for establishment as a wild,
scenic,
or recreational river area a part or parts of any
watercourse in
this state, with adjacent lands, that in
the
director's
judgment
possesses water conservation, scenic, fish, wildlife,
historic, or
outdoor recreation values that should be
preserved,
using the
classifications established in section 1517.15 of the
Revised
Code. The area shall include lands adjacent to the
watercourse in
sufficient width to preserve, protect, and develop
the natural
character of the watercourse, but shall not include
any lands more
than one thousand feet from the normal waterlines
of the
watercourse unless an additional width is necessary to
preserve
water conservation, scenic, fish, wildlife, historic, or
outdoor
recreation values.
The director shall publish the intention to declare an area
a
wild, scenic, or recreational river area at least once in a
newspaper of general circulation in each county, any part of
which
is within the area, and shall send written notice of
the
intention
to the legislative authority of each county, township,
and
municipal corporation and to each conservancy district
established
under Chapter 6101. of the Revised Code, any part of
which is
within the area, and to the director of transportation,
the
director of development, the director of administrative
services,
and the director of environmental protection. The
notices shall
include a copy of a map and description of the
area.
After thirty days from the last date of publication or
dispatch of written notice as required in this section, the
director shall enter a declaration in the director's journal
that
the area
is a wild river area, scenic river area, or recreational
river area. When so
entered,
the area is a wild, scenic, or
recreational river area, as applicable.
The
director, after
thirty days' notice as prescribed in this
section
and upon the
approval of the recreation and
resources
commission created in
section 1501.04 of the Revised Code, may
terminate the
status of
an area as a wild river area,
scenic river area, or recreational
river area by an entry in the
director's journal.
Declaration by the director that an area is a wild, scenic,
or recreational river area does not authorize the director or any
governmental agency or political subdivision to restrict the use
of land by the owner thereof or any person acting under the
landowner's
authority or to enter upon the land
and does not
expand or abridge the regulatory authority of
any governmental
agency or political subdivision over the
area.
The director may enter into a lease or other agreement with a
political subdivision to administer all or part of a wild, scenic,
or recreational river area and may acquire real property or any
estate, right, or interest therein in order to provide for the
protection and public recreational use of a wild, scenic, or
recreational river area.
The chief of the division of natural areas and preserves
watercraft or
the chief's representative may participate in
watershed-wide
planning
with federal, state, and local agencies in
order to
protect the
values of wild, scenic, and recreational
river areas.
Sec. 1517.16 1547.82. No state department, state agency, or
political subdivision
shall build
or enlarge any highway, road, or
structure or modify or cause the modification
of the
channel of
any watercourse within a wild, scenic, or recreational river area
outside the limits of a municipal corporation without first having
obtained
approval of the plans for the highway, road, or structure
or channel
modification from the director of natural resources or
his the
director's representative.
The court
of common pleas
having jurisdiction, upon petition by the director, shall
enjoin
work on any
highway, road, or structure or channel modification
for which such approval
has not been obtained.
Sec. 1517.17 1547.83. The chief of the division of
natural
areas and preserves watercraft shall administer the state
programs for wild river areas, scenic river areas, and
recreational river areas. The chief may accept and
administer
state and
federal
financial assistance programs for the
maintenance,
protection, and administration of wild, scenic, and
recreational
river areas and for construction of facilities
within those areas.
The chief, with the approval of the director
of natural resources, may expend for the purpose of administering
the state programs for wild, scenic, and recreational river areas
money that is appropriated by the general assembly for that
purpose, money that is in the scenic rivers protection fund
created in section 4501.24 of the Revised Code, and money that is
in the waterways safety fund created in section 1547.75 of the
Revised Code as determined to be necessary by the division of
watercraft not to exceed four per cent of all money accruing to
the
fund. The chief may condition any expenditures,
maintenance
activities,
or construction of facilities on the
adoption and
enforcement of
adequate floodplain zoning or land
use rules.
The director of natural resources may make a
lease or
agreement with a
political subdivision
to
administer all or part
of a wild, scenic, or recreational river
area.
The director may acquire real property
or any estate, right,
or interest
therein for protection and
public recreational use as
a wild, scenic, or
recreational river
area.
The chief may expend funds for the acquisition, protection,
construction,
maintenance, and administration of real property and
public use facilities in
wild, scenic, or recreational river areas
when the funds are so appropriated
by the general assembly. The
chief may condition such expenditures,
acquisition of land or
easements, or construction of facilities within a wild,
scenic, or
recreational river area upon adoption and enforcement of adequate
floodplain zoning rules.
Any instrument by which real property is acquired pursuant to
this section
shall identify the agency of the state that has the
use and benefit of the
real property as specified in section
5301.012 of the Revised Code.
The chief may cooperate with federal agencies
administering
any federal program concerning wild, scenic, or
recreational
river areas.
Sec. 1517.18 1547.84. The director of natural resources
shall appoint an advisory
council for each wild, scenic, or
recreational river area, composed of not
more
than ten persons who
are representative of local government and local
organizations and
interests in the vicinity of the wild, scenic, or
recreational
river area, who shall serve without compensation. The chief of
the
division of natural areas and preserves watercraft or his the
chief's
representative shall serve
as an ex officio member of each
council.
The terms of all members serving on any advisory council
under this section
on the effective date of this amendment shall
end on January 31, 1995. The
director shall appoint new members to
serve on each council for terms
beginning on
February 1, 1995,
provided that a member serving on a council on the
effective
date
of this amendment may be
appointed to such a new term. The initial
members appointed to each council shall serve for terms of not
more than three
years, with the terms of not more than four
members of any council ending in
the same year. Thereafter, terms
of office shall be for three years
commencing
on the first day of
February and ending on the last day of January.
Each council
shall advise the chief on the acquisition of
land and easements and on the
lands
and waters that should be
included in a wild, scenic, or recreational river
area or a
proposed wild, scenic, or recreational river area, facilities
therein, and other aspects of establishment and administration of
the area
that may affect the local interest.
Sec. 1547.85. The director of natural resources may
participate in the federal program for the protection of certain
selected rivers that are located within the boundaries of the
state as provided in the "Wild and Scenic Rivers Act," 82 Stat.
906 (1968), 16 U.S.C. 1271 et seq., as amended.
The director may
authorize the chief of the division of watercraft to participate
in any other federal program established for the purpose of
protecting, conserving, or developing recreational access to
waters in this state that possess outstanding scenic,
recreational, geologic, fish and wildlife, historic, cultural, or
other similar values.
Sec. 1547.86. Any action taken by the chief of the division
of watercraft
under sections 1547.81 to 1547.87 of the Revised
Code shall not be deemed in
conflict with certain powers and
duties conferred on and delegated to
federal agencies and to
municipal corporations under Section 7 of Article
XVIII, Ohio
Constitution, or as provided by sections 721.04 to 721.11 of the
Revised Code.
Sec. 1547.87. The division of watercraft, in carrying out
sections 1547.81 to 1547.87 of the Revised Code, may accept,
receive, and expend
gifts, devises, or bequests of money, lands,
or other properties under the
terms established in section 9.20 of
the Revised Code.
Sec. 1547.99. (A) Whoever violates section 1547.91 of the
Revised Code is guilty of a felony of the fourth degree.
(B) Whoever violates division (F) of section 1547.08, section
1547.10, division (I) of
section 1547.111, section 1547.13, or
section 1547.66 of the
Revised Code is guilty of a misdemeanor of
the first degree.
(C) Whoever violates a provision of this chapter or a rule
adopted thereunder, for which no penalty is otherwise provided,
is
guilty of a minor misdemeanor.
(D) Whoever violates section 1547.07, 1547.132, or 1547.12 of
the
Revised Code without causing injury to persons or damage to
property is guilty of a misdemeanor of the fourth degree.
(E) Whoever violates section 1547.07, 1547.132, or 1547.12 of
the
Revised Code causing injury to persons or damage to property
is
guilty of a misdemeanor of the third degree.
(F) Whoever violates division (M)(N) of section 1547.54,
division (G) of section 1547.30, or section 1547.131, 1547.25,
1547.33, 1547.38, 1547.39, 1547.40,
1547.65, 1547.69, or 1547.92
of the
Revised Code or a rule adopted under division (A)(2) of
section
1547.52 of the Revised Code is guilty of a misdemeanor of
the
fourth degree.
(G) Whoever violates section 1547.11 of the Revised Code
is
guilty of a misdemeanor of the first degree and shall be
punished
as provided in division (G)(1), (2), or (3) of this
section.
(1) Except as otherwise provided in division (G)(2) or (3)
of
this
section, the
court shall sentence the offender to a
jail
term
of
three consecutive days and may sentence
the
offender pursuant
to
section
2929.24 of the Revised
Code to a
longer
jail term. In
addition, the
court shall impose
upon the
offender a fine of not
less than one
hundred fifty nor
more than
one thousand dollars.
The court may suspend the execution of the mandatory
jail
term of three
consecutive days
that it is required
to impose by
division (G)(1) of this section if the court, in
lieu
of the
suspended
jail term, places the offender
under a community control
sanction pursuant to section
2929.25 of the Revised Code
and
requires the
offender to attend,
for three consecutive days, a
drivers'
intervention program that
is certified pursuant to
section
3793.10 of the Revised Code. The
court also may suspend
the
execution of any part of the mandatory
jail term of three
consecutive days
that it is
required to impose by division
(G)(1)
of this section if
the court
places the offender
under a community
control
sanction pursuant to section 2929.25 of the Revised Code
for
part
of the three
consecutive days; requires the offender to
attend,
for that part
of the three consecutive days, a drivers'
intervention program
that is certified pursuant to section 3793.10
of the Revised
Code; and sentences the offender to a
jail term
equal
to the remainder of the three consecutive days
that the
offender
does not spend attending the drivers'
intervention
program. The
court may require the offender, as a
condition of
community control, to
attend and
satisfactorily complete any
treatment or education
programs, in
addition to the required
attendance at a drivers'
intervention
program, that the operators
of the drivers'
intervention program
determine that the offender
should attend
and to report
periodically to the court on the
offender's progress
in the
programs. The court also may impose
any
other conditions of
community control on the offender that it
considers
necessary.
(2) If, within
six years of the offense, the offender
has
been convicted of or pleaded guilty to one violation of
section
1547.11 of the Revised Code or one other
equivalent offense, the
court
shall
sentence the offender to a
jail term
of
ten
consecutive
days and may sentence the offender
pursuant to
section
2929.24 of
the Revised Code to a longer
jail
term. In
addition,
the court shall impose upon the
offender a fine
of not
less than
one hundred fifty nor more than
one thousand
dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code.
(3) If, within
six years of the offense, the offender
has
been convicted of or pleaded guilty to more than one violation or
offense
identified in
division (G)(2) of this section,
the court
shall
sentence the offender to a
jail term
of thirty
consecutive
days and may sentence the
offender to a longer
jail
term
of not
more than one
year. In addition, the
court
shall impose upon the
offender a
fine of not less than one
hundred
fifty nor more than
one
thousand dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code.
(4) Upon a showing that
serving a jail term
would seriously
affect
the ability of an offender sentenced
pursuant to division
(G)(1),
(2), or (3) of this section to
continue the offender's
employment,
the court may authorize that
the offender be granted
work release
after the
offender has served the
mandatory jail term
of three, ten,
or
thirty consecutive days
that the court is
required
by division (G)(1), (2), or (3) of this section to
impose. No
court shall authorize work release
during the
mandatory
jail term of
three, ten, or thirty consecutive days
that the
court
is required by division (G)(1), (2),
or (3) of
this section
to
impose. The duration of the work
release shall
not exceed the
time
necessary each day for the
offender to
commute to and from
the
place of employment and the
place
in which the jail term is served
and the
time
actually spent under employment.
(5) Notwithstanding any section of the Revised Code that
authorizes the suspension of the imposition or execution of a
sentence or the placement of an offender in any treatment program
in lieu of
being imprisoned or serving a jail term,
no court shall
suspend the
mandatory jail term of ten or thirty
consecutive days
required to be imposed by
division (G)(2) or (3) of this section
or place an offender who
is
sentenced pursuant to division (G)(2)
or (3) of this section
in
any treatment program in lieu of
being
imprisoned or
serving a jail term until after the
offender has
served the
mandatory jail term of ten or thirty consecutive days
required to be imposed pursuant to division (G)(2)
or
(3) of this
section. Notwithstanding any section of the
Revised
Code that
authorizes the suspension of the imposition or
execution
of a
sentence or the placement of an offender in any
treatment
program
in lieu of
being imprisoned or serving a jail
term, no court,
except as
specifically
authorized by division
(G)(1) of this
section, shall
suspend the
mandatory jail term of
three
consecutive days
required to be
imposed by
division (G)(1) of this
section or place an offender
who is
sentenced pursuant to division
(G)(1) of this section in
any
treatment program in lieu of
imprisonment until after the
offender
has served the
mandatory
jail term of three consecutive days
required to
be imposed
pursuant to division (G)(1) of
this
section.
(6) As used in division (G) of this section:
(a) "Equivalent offense" has the same meaning as in section
4511.181 of the Revised Code.
(b) "Jail term" and
"mandatory jail term" have the same
meanings as in section 2929.01
of the Revised Code.
(H) Whoever violates section 1547.304 of the Revised Code
is
guilty of a misdemeanor of the fourth degree and also shall be
assessed any costs incurred by the state or a county, township,
municipal corporation, or other political subdivision in
disposing
of an abandoned junk vessel or outboard motor, less any
money
accruing to the state, county, township, municipal
corporation, or
other political subdivision from that
disposal.
(I) Whoever violates division (B) or (C) of section
1547.49
of the Revised Code is guilty of a minor misdemeanor.
(J) Whoever violates section 1547.31 of the Revised Code is
guilty of a
misdemeanor of the fourth degree on a first offense.
On each subsequent
offense, the person is guilty of a misdemeanor
of the third degree.
(K) Whoever violates section 1547.05 or 1547.051 of the
Revised Code is guilty
of a misdemeanor of the fourth degree if
the violation is not related to a
collision, injury to a person,
or damage to property and a misdemeanor of the
third degree if the
violation is related to a collision, injury to a person,
or damage
to property.
(L) The sentencing court, in addition to the penalty
provided
under this section for a violation of this chapter or a
rule
adopted under it
that involves a powercraft powered by more
than
ten horsepower and that, in
the opinion of the court,
involves a
threat to the safety of persons or
property, shall
order the
offender to complete successfully a boating course
approved by the
national association of state boating law
administrators
before
the offender is allowed to operate a
powercraft powered by more
than
ten horsepower on the waters in
this state. Violation of a
court order
entered under this
division is punishable as contempt
under Chapter
2705. of the
Revised Code.
Sec. 1548.06. (A)(1) Application for a certificate of title
for a
watercraft or outboard motor shall be made upon a form
prescribed
by the chief of the division of watercraft
and shall be
sworn to
before a notary public or other officer empowered to
administer
oaths. The application shall be filed with the clerk of
any
court of common pleas.
An application for a certificate of
title
may be filed
electronically by any electronic means approved
by
the chief in
any county with the clerk of the court of common
pleas of that
county.
The application shall be accompanied by
the
fee
prescribed
in
section 1548.10 of the Revised Code. The
fee
shall be
retained by the clerk who issues the certificate of
title
and
shall be distributed in accordance with that section.
If a
clerk
of a court of common pleas, other than the clerk of
the
court of
common pleas of an applicant's county of residence,
issues a
certificate of title to the applicant, the clerk shall
transmit
data related to the transaction to the
automated
title
processing system.
(2) If a certificate of
title previously has been issued for
the
watercraft or outboard
motor,
the application for a
certificate
of title also shall be accompanied by the certificate
of title
duly
assigned unless otherwise provided in this
chapter.
If a
certificate of title previously has not been
issued for the
watercraft or outboard motor in this state, the
application,
unless otherwise provided in this chapter, shall be
accompanied
by
a manufacturer's or importer's certificate; by a
sworn
statement
of ownership if the watercraft or outboard motor
was
purchased by
the applicant on or before
October 9, 1963,
or if
the watercraft
is less than fourteen feet long with
a
permanently affixed
mechanical means of propulsion and was
purchased by the applicant
on or before
January 1,
2000;
or by
a certificate of title, bill
of sale, or
other evidence of
ownership required by the law of
another state
from which the
watercraft or outboard motor was
brought into
this state.
Evidence of ownership of a watercraft or
outboard
motor for
which an Ohio certificate of title previously
has not
been
issued and which watercraft or outboard motor does
not have
permanently affixed
to it a manufacturer's serial
number
shall
be accompanied by the certificate of assignment of a
hull
identification number assigned by
the chief as provided in
section
1548.07 of the Revised Code.
(3) The clerk shall retain the evidence
of title presented by
the
applicant and on which the certificate
of title is issued,
except that, if an application for a certificate of title is
filed
electronically, by a vendor on behalf of a purchaser of a
watercraft or outboard motor, the clerk shall retain the completed
electronic record to which the vendor converted the certificate of
title application and other required documents. The chief,
after
consultation with the attorney general, shall adopt rules
that
govern the location at which, and the manner in which, are
stored
the actual application and all other documents relating to
the
sale of a watercraft or outboard motor when a vendor files the
application for a certificate of title electronically on behalf of
a purchaser.
(B) The
clerk shall use reasonable diligence in
ascertaining
whether
the
facts in the application are true
by checking the
application and
documents accompanying it
or the electronic
record
to which a vendor converted the application and
accompanying
documents with
the records of
watercraft and
outboard motors in
the clerk's
office. If
the
clerk is satisfied
that the
applicant
is the owner of the
watercraft or
outboard
motor and
that the
application is in the
proper form,
the clerk
shall issue
a
physical certificate of
title over the
clerk's
signature and
sealed with
the clerk's
seal
unless the applicant
specifically
requests the clerk not to
issue a physical
certificate of title
and instead to issue an
electronic
certificate of title.
However,
if the evidence
indicates and an
investigation
shows that one or
more Ohio
titles already exist
for
the watercraft or outboard
motor, the
chief may cause the
redundant title or titles to be
canceled.
(C) In the case of the sale of a watercraft or outboard motor
by
a vendor to a general purchaser or user, the certificate of
title
shall be obtained in the name of the purchaser by the
vendor
upon
application signed by the purchaser. In all other
cases, the
certificate shall be obtained by the purchaser. In
all cases of
transfer of watercraft or outboard motors, the
application for
certificate of title shall be filed within thirty
days after the
later of the date of purchase or assignment of
ownership of the
watercraft or outboard motor. If the
application for certificate
of title is not filed within thirty
days after the later of the
date of purchase or assignment of
ownership of the watercraft or
outboard motor, the clerk shall
charge a late penalty fee of five
dollars in addition to the fee
prescribed by section 1548.10 of
the Revised Code. The clerk
shall retain the entire amount of
each
late penalty fee.
(D) The clerk shall refuse to accept an application for
certificate of title unless the applicant either tenders with the
application payment of all taxes levied by or pursuant to Chapter
5739. or 5741. of the Revised Code
based on the applicant's county
of residence less, in the case of a sale
by a vendor, any
discount
to which the vendor is entitled under
section 5739.12
of the
Revised Code, or submits any of the
following:
(1) A receipt issued by the tax commissioner or a clerk of
courts showing payment of the tax;
(2) A copy of the unit certificate of exemption completed
by
the purchaser at the time of sale as provided in section
5739.03
of the Revised Code;
(3) An exemption certificate, in a form prescribed by the
tax
commissioner, that specifies why the purchase is not subject
to
the tax imposed by Chapter 5739. or 5741. of the Revised Code.
Payment of the tax shall be in accordance with rules issued
by the tax commissioner, and the clerk shall issue a receipt in
the form prescribed by the tax commissioner to any applicant who
tenders payment of the tax with the application for
the
certificate
of title.
(E)(1) For receiving and disbursing the taxes paid to the
clerk
by a
resident of the clerk's county,
the
clerk may retain a
poundage
fee of one
and one one-hundredth per cent of the taxes
collected,
which shall be paid
into the
certificate of title
administration
fund created by section 325.33
of the Revised Code.
The clerk
shall not retain a poundage fee
from payments of taxes
by persons
who do not reside in the
clerk's county.
(2) A clerk, however, may retain from the taxes paid to the
clerk
an amount equal to the poundage fees associated with
certificates
of title issued by other clerks of courts of common
pleas to
applicants who reside in the first clerk's county. The
chief of
the division of watercraft, in consultation with the tax
commissioner and the clerks of the courts of common pleas, shall
develop a report from the automated title processing system that
informs each clerk of the amount of the poundage fees that the
clerk is permitted to retain from those taxes because of
certificates of title issued by the clerks of other counties to
applicants who reside in the first clerk's county.
(F) In the case of casual sales of watercraft or outboard
motors
that are subject to the tax imposed by Chapter 5739. or
5741. of
the Revised Code, the purchase price for the purpose of
determining the tax shall be the purchase price on an affidavit
executed and filed with the clerk by the vendor on a form to be
prescribed by the chief, which
shall be prima-facie evidence of
the price for the determination
of the tax. In addition to the
information required by section
1548.08 of the Revised Code, each
certificate of title shall
contain in bold lettering the
following
notification and
statements:
"WARNING TO TRANSFEROR
AND
TRANSFEREE
(SELLER AND
BUYER). You
are required by law to
state
the true
selling price. A false statement is a
violation
of
section
2921.13
of the Revised Code and is punishable by six
months
imprisonment
or a fine of up to one thousand dollars, or
both.
All
transfers
are audited by the department of taxation.
The
seller
and buyer
must provide any information requested by
the
department
of
taxation. The buyer may be assessed any
additional
tax found
to
be
due."
(G) Each county clerk of courts shall forward to the
treasurer of state all sales and use tax collections resulting
from sales of titled watercraft and outboard motors during a
calendar week on or before the Friday following the close of that
week. If, on any Friday, the offices of the clerk of courts or the
state are not open for business, the tax shall be forwarded to the
treasurer of state on or before the next day on which the offices
are open. Every remittance of tax under this division shall be
accompanied by a remittance report in such form as the tax
commissioner prescribes. Upon receipt of a tax remittance and
remittance report, the treasurer of state shall date stamp the
report and forward it to the tax commissioner. If the tax due for
any week is not remitted by a clerk of courts as required under
this division, the clerk shall forfeit the poundage fees for the
sales made during that week. The treasurer of state may require
the clerks of courts to transmit tax collections and remittance
reports electronically.
(H) For purposes
of a
transfer of a certificate of title, if
the clerk is satisfied that
a
secured party has discharged a lien
but has not canceled the
lien notation
with
a clerk, the clerk
may
cancel
the lien
notation on the
automated title processing
system
and notify the
clerk of the county of
origin.
(I) Every clerk shall have the capability to transact by
electronic means all procedures and transactions relating to the
issuance of watercraft or outboard motor certificates of title
that are described in the Revised Code as being accomplished by
electronic means.
Sec. 1707.17. (A)(1) The license of every dealer in and
salesperson of securities shall expire on the thirty-first day of
December of each year, and may be renewed upon the filing with the
division
of securities of an application for renewal, and the
payment of
the fee prescribed in this section. The
division
shall
give notice, without unreasonable delay, of its
action on
any
application for renewal of a dealer's or
salesperson's license.
(2) The license of every investment adviser and
investment
adviser representative licensed under section
1707.141 or 1707.161
of the Revised Code shall
expire on the thirty-first day of
December of each year.
The licenses may be renewed upon the
filing with the division of
an application for renewal, and the
payment of the
fee prescribed in division (B) of this section.
The
division shall give notice, without unreasonable delay, of its
action on any application for renewal.
(3) An investment adviser required to make a notice filing
under division (B) of section 1707.141 of the
Revised Code
annually shall file with the division
the notice filing and the
fee prescribed in division (B)
of this section, no later than the
thirty-first day of
December of each year.
(4) The license of every state retirement system investment
officer licensed under section 1707.163 of the Revised Code and
the license of a bureau of workers' compensation chief investment
officer issued under section 1707.165 of the Revised Code shall
expire on the thirtieth day of June of each year. The licenses may
be renewed on the filing with the division of an application for
renewal, and the payment of the fee prescribed in division (B) of
this section. The division shall give notice, without unreasonable
delay, of its action on any application for renewal.
(B)(1) The fee for each dealer's license, and for each
annual
renewal thereof, shall be
one two
hundred
dollars.
(2) The fee for each salesperson's license,
and for each
annual
renewal thereof, shall be fifty sixty dollars.
(3) The fee for each investment adviser's license, and
for
each annual renewal thereof, shall be
fifty one hundred dollars.
(4) The fee for each investment adviser notice filing
required
by division (B) of section 1707.141 of the Revised
Code
shall be
fifty one hundred dollars.
(5) The fee for each investment adviser representative's
license, and for each annual renewal thereof, shall
be
thirty-five
fifty
dollars.
(6) The fee for each state retirement system investment
officer's license, and for each annual renewal thereof, shall be
fifty dollars.
(7) The fee for a bureau of workers' compensation chief
investment officer's license, and for each annual renewal thereof,
shall be fifty dollars.
(C) A dealer's, salesperson's, investment adviser's,
investment
adviser representative's, bureau of workers'
compensation chief investment officer's, or state retirement
system investment officer's license may be issued at any
time for
the remainder of the calendar year. In that event, the
annual
fee
shall not be reduced.
Sec. 1707.18. (A)(1) If a partnership licensed as a dealer
is terminated under the laws of the state where the
partnership
is
organized, or by death, resignation, withdrawal, or addition
of a
general partner, the license of the partnership shall be
automatically extended for a period of thirty days after
the
termination. The license of the partnership and the
licenses of
its salespersons may be transferred to the successor
partnership
within that period if the division of securities finds that
the
successor partnership is substantially similar to its predecessor
partnership, and if an application for transfer of license has
been filed. The fee for such a transfer shall be fifty dollars,
plus ten fifteen dollars for every salesperson's license
that is
transferred.
(2) If a partnership licensed as an investment
adviser is
terminated under the laws of the state where the
partnership is
organized, or by death, resignation, withdrawal,
or addition of a
general partner, the license of the partnership
shall be
automatically extended for a period of thirty days
after the
termination. The license of the partnership shall,
and the
licenses of its investment adviser representatives may,
be
transferred to the successor partnership within that period
if the
division finds that the successor partnership is
substantially
similar to its predecessor partnership, and if an
application for
transfer of license has been filed. The fee for
such transfer
shall be fifty dollars, plus ten fifteen dollars for every
investment adviser representative's license that is transferred.
(B)(1) If a licensed dealer changes its business form,
reincorporates, or by merger or otherwise becomes a different
person, as person is defined in section 1707.01 of the Revised
Code, upon application the division may transfer
the dealer's
license and the licenses of its
salespersons to the
successor
entity, if the division finds that the
successor entity is
substantially similar to the predecessor
entity. The fee for such
a transfer shall be fifty dollars plus
ten fifteen dollars for
every salesperson's license
transferred.
(2) If a licensed investment adviser changes its
business
form, reincorporates, or by merger or otherwise becomes
a
different person, as person is defined in section 1707.01 of
the
Revised Code, upon application, the division
may transfer the
investment adviser license and the licenses of
its investment
adviser representatives to the successor entity,
if the division
finds that the successor entity is substantially
similar to the
predecessor entity. The fee for the transfer
shall be fifty
dollars plus ten fifteen dollars for every investment
adviser
representative's license transferred.
Sec. 1707.99. Whoever commits any act described in division
(A)
of section
1707.042 or section 1707.44 of the Revised Code is
guilty of a
violation of sections 1707.01 to 1707.45 of the
Revised Code and
the following apply to the offender:
(A) If the value of
the funds or securities involved in the
offense or the loss to
the victim is less than five seven hundred
fifty
dollars, the
offender
is guilty of
a felony of the fifth
degree,
and the court
may impose
upon the offender an
additional
fine of
not more than two thousand five hundred dollars.
(B) If
the value of the funds or securities involved in the
offense or
the loss to the victim is five seven hundred fifty
dollars or
more but less
than five thousand dollars, the offender
is guilty
of a felony
of the fourth degree, and the court may
impose upon
the offender
an additional fine of not more than five
thousand
dollars.
(C) If the value of
the funds or securities involved in the
offense or the loss to
the victim is five thousand dollars or more
but less than
twenty-five thousand dollars, the offender is guilty
of a felony
of the third degree, and the court may impose upon the
offender
an additional fine of not more than ten thousand dollars.
(D) If the value of
the funds or securities involved in the
offense or the loss to
the victim is twenty-five thousand dollars
or more but less than
one hundred thousand dollars, the offender
is guilty of a felony
of the second degree, and the court may
impose upon the offender
an additional fine of not more than
fifteen thousand
dollars.
(E) If the value of
the funds or securities involved in the
offense or the loss to
the victim is one hundred thousand dollars
or more, the offender
is guilty of a felony of the first degree,
and the court may
impose upon the offender an additional fine of
not more than
twenty thousand dollars.
Sec. 1716.99. (A) Whoever violates any provision of
sections 1716.02
to 1716.17 of the Revised Code, other than
division (A)(1)
of section 1716.14
of the Revised Code, is guilty
of a misdemeanor of the
first degree.
Each occurrence of a solicitation of a contribution
from any
person in violation of any provision of sections 1716.02 to
1716.17 of
the Revised Code,
other than division (A)(1) of section
1716.14 of the Revised Code, is
considered a separate offense.
(B)(1) Whoever violates division (A)(1) of section
1716.14 of
the Revised Code is guilty
of solicitation fraud and shall be
punished
as provided in divisions (B)(2) to (4) of this section.
(2) Except as otherwise provided in division (B)(4) of this
section, division (B)(3) of this section applies to solicitation
fraud, and solicitation fraud is one of the following:
(a) Except as otherwise provided in divisions
(B)(2)(b) to
(d) of
this section, a misdemeanor of the first degree or,
if the
offender previously has been convicted of or pleaded guilty to a
theft
offense or a
violation of division (A)(1) of section 1716.14
of the Revised Code, a felony
of the
fifth degree.
(b) If the value of the contribution or contributions made in
the
violation is five seven hundred fifty dollars or more but
less than
five thousand dollars,
a felony of
the fifth degree or,
if the
offender previously has been convicted
of or pleaded
guilty to a
theft offense or a violation of division
(A)(1) of
section
1716.14
of the Revised Code, a felony of the fourth
degree.
(c) If the value of the contribution or contributions made in
the
violation is five thousand dollars or more but less than one
hundred thousand dollars, a felony of the
fourth degree or, if the
offender previously has been convicted of
or pleaded guilty to a
theft offense or a violation of division
(A)(1) of section
1716.14
of the Revised Code, a felony of the third degree.
(d) If the value of the contribution or contributions made in
the
violation is one hundred thousand dollars or more, a felony of
the third
degree.
(3) When an offender commits a series of offenses in
violation of
division (A)(1) of section 1716.14 of the Revised
Code as part of
a common scheme or plan to defraud multiple
victims, all of the offenses may
be tried as a single offense. If
the offenses are tried as a single offense,
the value of the
contributions for
purposes of determining the value as required by
division (B)(2)
of this section is the aggregate value of all
contributions involved in all
offenses in the common
scheme or
plan to defraud multiple victims. In prosecuting a
single offense
under this division, it is not necessary to
separately allege and
prove each offense in the series. Rather,
it is sufficient to
allege and prove that the offender, within a
given span of time,
committed one or more offenses as part of a
common scheme or plan
to defraud multiple victims as described in
this division.
(4) If the victim of the offense is an elderly person or
disabled adult,
division (B)(4) of this section and
section
2913.61 of the Revised Code apply to
solicitation fraud, and
solicitation fraud is one of the following:
(a) Except as otherwise provided in divisions
(B)(4)(b) to
(d) of this section, a
felony of the fifth degree;
(b) If the value of the contributions made in the violation
is
five seven hundred fifty dollars or more and is less than five
thousand dollars, a felony
of the fourth degree;
(c) If the value of the contributions made in the violation
is
five thousand dollars or more and is less than twenty-five
thousand dollars, a
felony of the third degree;
(d) If the value of the contributions made in the violation
is
twenty-five thousand dollars or more, a felony of the second
degree.
(C) Any person who is found guilty of
any act or omission
prohibited under this chapter shall forfeit the
bond described in
section 1716.05 or 1716.07 of the Revised Code to the state
treasury to the credit of the charitable law fund
established
under section 109.32 of the Revised Code and shall be
prohibited
from registering with the attorney general or from
serving as a
fund-raising counsel or professional solicitor in
this state for a
period of five years after conviction.
Sec. 1739.05. (A) A multiple employer welfare arrangement
that is created pursuant to sections 1739.01 to 1739.22 of the
Revised Code and that operates a group self-insurance program may
be established only if any of the following applies:
(1) The arrangement has and maintains a minimum enrollment
of
three hundred employees of two or more employers.
(2) The arrangement has and maintains a minimum enrollment
of
three hundred self-employed individuals.
(3) The arrangement has and maintains a minimum enrollment
of
three hundred employees or self-employed individuals in any
combination of divisions (A)(1) and (2) of this section.
(B) A multiple employer welfare arrangement that is
created
pursuant to sections 1739.01 to 1739.22 of the Revised
Code and
that operates a group self-insurance program shall
comply with all
laws applicable to self-funded programs in this
state, including
sections 3901.04, 3901.041, 3901.19 to 3901.26,
3901.38, 3901.381
to
3901.3814, 3901.40, 3901.45, 3901.46, 3902.01 to
3902.14,
3923.241, 3923.282,
3923.30,
3923.301, 3923.38,
3923.581, 3923.63,
3923.80,
3924.031,
3924.032,
and
3924.27
of the Revised Code.
(C) A multiple employer welfare arrangement created
pursuant
to sections 1739.01 to 1739.22 of the Revised Code shall
solicit
enrollments only through agents or solicitors licensed
pursuant to
Chapter 3905. of the Revised Code to sell or solicit
sickness and
accident insurance.
(D) A multiple employer welfare arrangement created
pursuant
to sections 1739.01 to 1739.22 of the Revised Code shall
provide
benefits only to individuals who are members, employees
of
members, or the dependents of members or employees, or are
eligible for continuation of coverage under section 1751.53 or
3923.38 of the Revised Code or under Title X of the "Consolidated
Omnibus Budget Reconciliation Act of 1985," 100 Stat. 227, 29
U.S.C.A. 1161, as amended.
Sec. 1751.03. (A) Each
application for a certificate of
authority under this chapter
shall be verified by an officer or
authorized representative of
the applicant, shall be in a format
prescribed by the
superintendent of insurance, and shall set forth
or be
accompanied by the following:
(1) A certified copy of the applicant's articles of
incorporation and all amendments to the articles of
incorporation;
(2) A copy of any regulations adopted for the government
of
the corporation, any bylaws, and any similar documents, and a
copy
of all amendments to these regulations, bylaws, and
documents. The
corporate secretary shall certify that these
regulations, bylaws,
documents, and amendments have been
properly adopted or approved.
(3) A list of the names, addresses, and official
positions of
the persons responsible for the conduct of the
applicant,
including all members of the board, the principal
officers, and
the person responsible for completing or filing
financial
statements with the department of insurance,
accompanied by a
completed original biographical affidavit and
release of
information for each of these persons on forms
acceptable to the
department;
(4) A full and complete disclosure of the extent and
nature
of any contractual or other financial arrangement between
the
applicant and any provider or a person listed in division
(A)(3)
of this section,
including, but not limited to, a full and
complete disclosure of
the financial interest held by any such
provider or person in
any health care facility, provider, or
insurer that has entered
into a financial relationship with the
health insuring
corporation;
(5) A description of the applicant, its facilities, and
its
personnel, including, but not limited to, the location,
hours of
operation, and telephone numbers of all contracted
facilities;
(6) The applicant's projected annual enrollee population
over
a three-year period;
(7) A clear and specific description of the health care
plan
or plans to be used by the applicant, including a
description of
the proposed providers, procedures for accessing
care, and the
form of all proposed and existing contracts
relating to the
administration, delivery, or financing of health
care services;
(8) A copy of each type of evidence of coverage and
identification card or similar document to be issued to
subscribers;
(9) A copy of each type of individual or group policy,
contract, or agreement to be used;
(10) The schedule of the proposed contractual periodic
prepayments or premium rates, or both, accompanied by appropriate
supporting
data;
(11) A financial plan which provides a three-year
projection
of operating results, including the projected
expenses, income,
and sources of working capital;
(12) The enrollee complaint procedure to be utilized as
required under section 1751.19 of the
Revised
Code;
(13) A description of the procedures and programs to be
implemented on an
ongoing basis to assure the quality of health
care services delivered to
enrollees, including, if applicable, a
description of a quality
assurance program
complying with the
requirements of
sections 1751.73 to 1751.75 of the Revised Code;
(14) A statement describing the geographic area or areas
to
be served, by county;
(15) A copy of all solicitation documents;
(16) A balance sheet and other financial statements
showing
the applicant's assets, liabilities, income, and other
sources of
financial support;
(17) A description of the nature and extent of any
reinsurance program to be implemented, and a demonstration that
errors and omission insurance and, if appropriate, fidelity
insurance, will be in place upon the applicant's receipt of a
certificate of authority;
(18) Copies of all proposed or in force related-party or
intercompany agreements with an explanation of the financial
impact of these agreements on the applicant. If the applicant
intends to enter into a contract for managerial or
administrative
services, with either an affiliated or an unaffiliated person,
the
applicant shall provide a copy of the contract and a detailed
description
of the person to
provide these services. The
description shall include that person's
experience in managing or
administering health care plans, a
copy of that person's most
recent audited financial statement,
and a completed biographical
affidavit on a form acceptable to
the superintendent for each of
that person's principal officers
and board members and for any
additional employee to be directly
involved in providing
managerial or administrative services to
the health insuring
corporation. If the person to provide
managerial or administrative
services is affiliated with the
health insuring corporation, the
contract must provide for
payment for services based on actual
costs.
(19) A statement from the applicant's board that the
admitted
assets of the applicant have not been and will not be
pledged or
hypothecated;
(20) A statement from the applicant's board that the
applicant will submit monthly financial statements during the
first year of operations;
(21) The name and address of the applicant's
Ohio statutory
agent for
service of process, notice, or demand;
(22) Copies of all documents the applicant filed with the
secretary of
state;
(23) The location of those books and records of the
applicant
that must be maintained, which books and records shall be
maintained in Ohio if the applicant is a domestic corporation, and
which may
be maintained either in the applicant's state of
domicile or in
Ohio if the applicant is a
foreign corporation;
(24) The applicant's federal identification number,
corporate
address, and mailing address;
(25) An internal and external organizational
chart;
(26) A list of the assets representing the initial net
worth
of the applicant;
(27) If the applicant has a parent company, the parent
company's guaranty, on a form acceptable to the superintendent,
that the applicant will maintain
Ohio's minimum net worth. If
no
parent company exists, a statement regarding the availability
of
future funds if needed.
(28) The names and addresses of the applicant's actuary
and
external auditors;
(29) If the applicant is a foreign corporation, a copy of the
most recent financial statements filed with the insurance
regulatory agency in the applicant's state of domicile;
(30) If the applicant is a foreign corporation, a statement
from the insurance regulatory agency of the applicant's state of
domicile stating that the regulatory agency has no objection to
the applicant applying for an Ohio license and that the
applicant
is in good standing in the applicant's state of
domicile;
(31) Any other information that the superintendent may
require;
(32) Documentation acceptable to the superintendent of the
bond or securities required by section 1751.271 of the Revised
Code.
(B)(1) A health insuring
corporation, unless otherwise
provided for in this chapter
or in section 3901.321 of the
Revised
Code,
shall file a timely notice with the superintendent
describing
any change to the corporation's articles of
incorporation or
regulations, or any major modification to its
operations as set
out in the information required by division
(A)
of this section that
affects any of the following:
(a) The solvency of the
health insuring corporation;
(b) The health insuring
corporation's continued provision of
services that it has
contracted to provide;
(c) The manner in which
the health insuring corporation
conducts its business.
(2) If the change or modification is to be the result of an
action
to be taken by the health insuring corporation, the notice
shall
be filed with the superintendent prior to the health
insuring corporation
taking
the action. The action shall be deemed
approved if the
superintendent does not disapprove it within sixty
days of
filing.
(3) The filing of a notice pursuant to division
(B)(1) or (2)
of this section
shall also serve as the submission of a notice
when required for
the superintendent's review for purposes of
section 3901.341 of
the Revised
Code, if the notice contains
all
of the information
that section 3901.341 of the
Revised
Code
requires for such
submissions and a copy of any written agreement.
The filing of such a notice,
for the purpose of satisfying this
division and section 3901.341 of the
Revised
Code, shall be
subject to the
sixty-day review period of division
(B)(2) of this
section.
(C)(1) No health
insuring corporation shall expand its
approved service area
until a copy of the request for expansion,
accompanied by
documentation of the network of providers,
forms of
all proposed or existing provider contracts
relating to the
delivery of health care services, a schedule of
proposed
contractual periodic prepayments and premium rates for
group
contracts accompanied by appropriate supporting
data, enrollment
projections, plan of operation, and any other changes have been
filed with the superintendent.
(2) Within ten calendar days after receipt of a complete
filing under division (C)(1) of
this section, the superintendent
shall refer the appropriate
jurisdictional issues to the director
of health if required pursuant to
section 1751.04 of the Revised
Code.
(3) Within seventy-five days after the superintendent's
receipt
of a complete filing under division
(C)(1) of this
section, the
superintendent shall determine whether the plan for
expansion is
lawful, fair, and reasonable. If a referral is
required pursuant to section 1751.04 of the Revised Code, the
superintendent may not make a
determination until the
superintendent has received the
director's certification of
compliance, which the director shall
furnish within forty-five
days after the referral under division
(C)(2) of this section. The
director shall not certify that the requirements of section
1751.04 of the Revised
Code are not met, unless the
applicant has
been given an opportunity for a hearing as
provided in division
(D) of
section 1751.04 of the Revised
Code. The forty-five-day and
seventy-five-day review periods provided for in division
(C)(3) of
this section shall
cease to run as of the date on which the notice
of the
applicant's right to request a hearing is mailed and shall
remain suspended until the director issues a final
certification.
(4) If the superintendent has not approved or disapproved
all
or a portion of a service area expansion within the
seventy-five-day period provided for in division
(C)(3) of this
section, the
filing shall be deemed approved.
(5)(3) Disapproval of all or a portion of the filing shall
be
effected by written notice, which shall state the grounds for
the
order of disapproval and shall be given in accordance with
Chapter
119. of the Revised Code.
Sec. 1751.04. (A) Except as provided by division (F)(D) of
this
section, upon the
receipt by the superintendent of insurance
of a
complete
application for a certificate of authority to
establish
or
operate a health insuring corporation, which
application sets
forth or is accompanied by the information and
documents
required
by division (A) of
section 1751.03 of the
Revised
Code, the
superintendent shall
transmit copies of the
application and
accompanying documents to
the director of health.
(B) The director shall
review the application and
accompanying documents and make
findings as to whether the
applicant for a certificate of
authority has done all of the
following with respect to any basic health care
services and
supplemental
health care services to be furnished:
(1) Demonstrated the willingness and potential ability to
ensure that all basic health care services and supplemental
health
care services described in the
evidence of coverage will
be
provided to all its enrollees as promptly as is appropriate
and in
a manner that assures continuity;
(2) Made effective arrangements to ensure that its
enrollees
have reliable access to qualified providers in those
specialties
that are generally available in the geographic area
or areas to be
served by the applicant and that are necessary to
provide all
basic health care services and supplemental health
care services
described in the evidence of
coverage;
(3) Made appropriate arrangements for the availability of
short-term health care services in emergencies within the
geographic area or areas to be served by the applicant,
twenty-four hours per day, seven days per week, and for the
provision of adequate coverage whenever an out-of-area emergency
arises;
(4) Made appropriate arrangements for an ongoing evaluation
and assurance
of the quality of health care services provided to
enrollees,
including, if applicable, the development of a quality
assurance program
complying with the
requirements of sections
1751.73 to 1751.75 of the Revised Code, and the adequacy
of the
personnel, facilities, and equipment by or through which the
services
are rendered;
(5) Developed a procedure to gather and report statistics
relating to the cost and effectiveness of its operations, the
pattern of utilization of its services, and the quality,
availability, and accessibility of its services.
(C) Within ninety days of the director's receipt of (B) Based
upon the information provided in the
application for
issuance of a
certificate of authority, the
director shall
certify to the
superintendent shall determine whether or not the
applicant meets
the requirements of division (B)(A) of this section
and sections
3702.51
to 3702.62 of the Revised Code. If the
director
certifies
superintendent determines that the applicant does not meet these
requirements,
the director superintendent shall specify in what
respects it is
deficient.
However, the director superintendent
shall not certify that deny an application because the
requirements of
this section are not met unless the applicant has
been given an
opportunity for a hearing on that issue.
(D)(C) If the applicant
requests a hearing, the director
superintendent shall
hold a hearing before
certifying that
denying an application because the applicant does not meet
the
requirements of
this section. The hearing shall be held in
accordance with
Chapter 119. of the
Revised Code.
(E) The
ninety-day review period provided for under division
(C) of this section shall cease
to run as of the date on which the
notice of the applicant's
right to request a hearing is mailed and
shall remain suspended
until the director issues a final
certification order.
(F)(D) Nothing in this section requires the director
superintendent to review
or make findings with regard to an
application and accompanying
documents to establish or operate
any of the following:
(1) A health insuring corporation to cover solely medicaid
recipients;
(2) A health insuring corporation to cover solely medicare
beneficiaries;
(3) A health insuring corporation to cover solely medicaid
recipients and medicare
beneficiaries;
(4) A health insuring corporation to cover solely
participants of the children's buy-in program;
(5) A health insuring corporation to cover solely medicaid
recipients and participants of the children's buy-in program;
(6) A health insuring corporation to cover solely medicaid
recipients, medicare beneficiaries, and participants of the
children's buy-in program.
Sec. 1751.05. (A) The
superintendent of insurance shall
issue or deny a certificate of
authority to health insuring
corporations within the deadlines specified as follows:
(1) For a health insuring corporation
filing an application
pursuant to section
1751.03 of the Revised
Code, forty-five days
from the
superintendent's receipt of the certification from the
director
of health under division (C) of section 1751.04 of
the
Revised Code;
(2) One one hundred
thirty-five days from the
superintendent's
receipt of a complete
application and
accompanying documents if
the health insuring
corporation is to
cover solely the following:
(b) Medicare beneficiaries;
(c) Medicaid recipients and medicare beneficiaries;
(d) Participants of the children's buy-in program;
(e) Medicaid recipients and participants of the children's
buy-in program;
(f) Medicaid recipients, medicare beneficiaries, and
participants of the children's buy-in program.
(B) A certificate of authority shall be
issued upon payment
of the application fee prescribed in section 1751.44 of
the
Revised Code if the superintendent is
satisfied that the following
conditions are met:
(1) The persons responsible for the conduct of the
affairs of
the applicant are competent, trustworthy, and possess
good
reputations.
(2) The director certifies superintendent determines, in
accordance with division (C)(B)
of section 1751.04 of the Revised
Code, that the
organization's
proposed plan of operation meets
the requirements
of division (B)(A)
of that section and sections
3702.51 to
3702.62 of the Revised
Code. If, after the
director
has certified compliance, the
application is amended in
a manner
that affects its approval under
section 1751.04 of the
Revised
Code, the superintendent shall
request the
director to review and
recertify the amended plan of
operation.
Within forty-five days
of receipt of the amended plan
from the
superintendent, the
director shall certify to the
superintendent, pursuant to section
1751.04 of the
Revised Code,
whether or not the amended plan
meets the requirements of section
1751.04 of the Revised
Code.
The superintendent's forty-five-day
review period
shall cease to
run as of the date on which the
amended plan is
transmitted to
the director and shall remain
suspended until the
superintendent
receives a new certification
from the director.
(3) The applicant constitutes an appropriate mechanism to
effectively provide or arrange for the provision of the basic
health
care services, supplemental health care services, or
specialty health care
services to be provided to enrollees.
(4) The applicant is financially responsible, complies
with
section 1751.28 of the Revised
Code, and may reasonably be
expected to meet its obligations to
enrollees and prospective
enrollees. In making this determination, the superintendent may
consider:
(a) The financial soundness of the applicant's arrangements
for
health care services, including the applicant's proposed
contractual
periodic prepayments or premiums and the use of
copayments and deductibles;
(b) The adequacy of working capital;
(c) Any agreement with
an insurer, a government, or any other
person for insuring the
payment of the cost of health care
services or providing for
automatic applicability of an
alternative coverage in the event
of discontinuance of the health
insuring corporation's
operations;
(d) Any agreement with providers or health care facilities
for
the provision of health care services;
(e) Any deposit of
securities submitted in accordance with
section 1751.27 of the
Revised Code as a guarantee that the
obligations will be
performed.
(5) The applicant has submitted documentation of an
arrangement to provide health care services to its enrollees
until
the expiration of the enrollees' contracts with the
applicant if a
health care plan or the operations of the health
insuring
corporation are discontinued prior to the expiration of
the
enrollees' contracts. An arrangement to provide health care
services may be made by using any one, or any combination, of
the
following methods:
(a) The maintenance of insolvency insurance;
(b) A provision in
contracts with providers and health care
facilities, but no health insuring
corporation shall rely solely
on such a
provision for more than thirty days;
(c) An agreement with
other health insuring corporations or
insurers, providing
enrollees with automatic conversion rights
upon the
discontinuation of a health care plan or the health
insuring
corporation's operations;
(d) Such other methods as approved by the superintendent.
(6) Nothing in the applicant's proposed method of
operation,
as shown by the information submitted pursuant to
section 1751.03
of the Revised
Code or by independent
investigation, will cause
harm to an enrollee or to the public
at large, as determined by
the superintendent.
(7) Any deficiencies certified identified by the director
superintendent under section 1751.04 of the Revised Code have been
corrected.
(8) The applicant has deposited securities as set forth
in
section 1751.27 of the Revised Code.
(C) If an applicant
elects to fulfill the requirements of
division
(A)(B)(5) of this section through
an agreement with other
health insuring corporations or
insurers, the agreement shall
require those health insuring
corporations or insurers to give
thirty days' notice to the
superintendent prior to cancellation or
discontinuation of the
agreement for any reason.
(D) A certificate of
authority shall be denied only after
compliance with the
requirements of section 1751.36 of the Revised
Code.
Sec. 1751.14. (A) Any Notwithstanding section 3901.71 of the
Revised Code, any
policy, contract, or agreement for health care
services
authorized by this chapter that is issued, delivered, or
renewed
in this state and that provides that coverage of an
unmarried
dependent child will terminate upon attainment of the
limiting
age for dependent children specified in the policy,
contract, or
agreement, shall also provide in substance that both
of the following:
(1) That the limiting age shall not be less than twenty-nine
years
of age if all of the following are true:
(a) The child is a resident of this state or a full-time
student at
an accredited public or private institution of higher
education.
(b) Neither the child nor any spouse of the child is employed
by an employer that offers any health benefit plan under which the
child is eligible for coverage.
(c) The child is not eligible for coverage under the medicaid
program established under Chapter 5111. of the Revised Code or the
medicare program established under Title XVIII of the "Social
Security Act," 42 U.S.C. 1395.
(2) That attainment of
the limiting age shall not operate to
terminate the coverage of
the child if the child is and continues
to be both of the following:
(1)(a) Incapable of self-sustaining employment by reason of
mental retardation or physical handicap;
(2)(b) Primarily dependent upon the subscriber for support
and maintenance.
(B) Proof of incapacity and dependence for purposes of
division
(A) of this section shall be furnished to the health
insuring
corporation within thirty-one
days of the child's
attainment of the limiting age. Upon
request, but not more
frequently than annually, the health
insuring corporation may
require proof satisfactory to it of the
continuance of such
incapacity and dependency.
(C) Nothing in this section shall require a health insuring
corporation to cover a dependent child's spouse or children as
dependents on the policy, contract, or agreement of the parent or
legal guardian of the dependent.
(D) This section does
not apply to any health insuring
corporation policy, contract, or
agreement
offering only
supplemental health care services or specialty health care
services.
(E) A health insuring corporation that offers
employer-sponsored policies, contracts, or agreements shall
separately identify any additional premium costs for coverage of
dependent children who are not described in division (A)(2) of
this section and are either nineteen to twenty-three years of age
and are not full-time students or
are twenty-four years of age or
older. Nothing
in this section shall be construed to require an
employer to offer
coverage to the dependents of any employee.
(F) As used in this section, "health benefit plan" has the
same meaning as in section 3924.01 of the Revised Code and also
includes both
of the following:
(1) A public employee benefit plan;
(2) A health benefit plan as regulated under the "Employee
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.
Sec. 1751.15. (A) After a health insuring corporation has
furnished,
directly or indirectly, basic health care services for
a period of twenty-four
months, and if it currently meets the
financial requirements set forth in
section 1751.28 of the Revised
Code and had net income as reported to the
superintendent of
insurance for at least one of the preceding four calendar
quarters, it shall hold an annual open enrollment period of not
less than
thirty days during its month of licensure
for
individuals who are not federally eligible
individuals at the time
they apply for enrollment.
(B) During the open enrollment period described in division
(A) of this section, the health insuring corporation shall accept
applicants and their dependents in the order in which they apply
for
enrollment and in accordance with any of the following:
(1) Up to its capacity, as determined by the health
insuring
corporation subject to review by the superintendent;
(2) If less than its capacity, one the health insuring
corporation shall not be required to accept applicants under this
section if the total number of subscribers covered by the health
insuring corporation under this section and section 3923.581 of
the Revised Code exceeds four and one-half per cent of the health
insuring corporation's total number of subscribers residing in
this state as of the immediately preceding thirty-first day of
December.
(C) Premiums charged to individuals for open enrollment
coverage under this section shall not exceed an amount that is one
and one-half times the base rate for coverage offered to any other
individual to which the health insuring corporation is currently
accepting new business, and for which similar copayments and
deductibles are applied.
(D) Where a health insuring corporation demonstrates to the
satisfaction of
the superintendent that such open enrollment would
jeopardize its economic
viability, the superintendent may do any
of the following:
(1) Waive the requirement for open enrollment;
(2) Impose a limit on the number of applicants and their
dependents that must be enrolled;
(3) Authorize such underwriting restrictions upon open
enrollment as are necessary to do any of the following:
(a) Preserve its financial stability;
(b) Prevent excessive adverse selection;
(c) Avoid unreasonably high or unmarketable charges for
coverage
of health care services.
(D)(E)(1) A request to the superintendent under division
(C)(D) of
this section for any restriction, limit, or waiver
during an
open
enrollment period must be accompanied by
supporting documentation,
including financial data. In reviewing
the request, the
superintendent may
consider various factors,
including the size of
the health insuring
corporation, the health
insuring corporation's
net worth and profitability,
the health
insuring corporation's
delivery system structure, and the effect
on
profitability of
prior open enrollments.
(2) Any action taken by the superintendent under division
(C)(D)
of this section shall be
effective for a period of not
more than
one year. At the
expiration of such time, a new
demonstration of
the health
insuring corporation's need for the
restriction, limit,
or
waiver shall be made before a new
restriction, limit, or waiver
is granted by the superintendent.
(3) Irrespective of the granting of any restriction,
limit,
or waiver by the superintendent, a health insuring
corporation may
reject an applicant or a dependent of the
applicant during its
open enrollment period if the applicant or
dependent:
(a) Was eligible for and was covered under any
employer-sponsored health care
coverage, or if employer-sponsored
health care coverage was available at the
time of open enrollment;
(b) Is eligible for continuation coverage under state or
federal law;
(c) Is eligible for medicare, and the health insuring
corporation does not
have an agreement on appropriate payment
mechanisms with the governmental
agency administering the medicare
program.
(E)(F) A health insuring corporation shall not be required
either to enroll
applicants or their dependents who are confined
to a health care facility
because of chronic illness, permanent
injury, or other infirmity
that would cause economic impairment to
the health insuring
corporation if such applicants or their
dependents were enrolled
or to make the effective date of benefits
for applicants or
their dependents enrolled under this section
earlier than ninety
days after the date of enrollment.
(F)(G) A health insuring corporation shall not be required to
cover the fees or
costs, or both, for any basic health care
service related to a transplant of a
body organ if the transplant
occurs within one year after the effective date
of an enrollee's
coverage under this section. This limitation on coverage
does not
apply to a newly born child who meets the requirements for
coverage
under section 1751.61 of the Revised Code.
(G)(H) Each health insuring corporation required to hold an
open
enrollment
pursuant to division (A) of this section shall
file
with the superintendent,
not later than sixty days prior to
the
commencement of the proposed open
enrollment period, the
following
documents:
(1) The proposed public notice of open enrollment;
(2) The evidence of coverage approved pursuant to section
1751.11 of the Revised
Code that will be used during open
enrollment;
(3) The contractual periodic prepayment and premium rate
approved pursuant to this section and section 1751.12 of the
Revised Code that will
be
applicable during open enrollment;
(4) Any solicitation document approved pursuant to
section
1751.31 of the Revised Code to be sent to applicants, including
the
application form that will be used during open enrollment;
(5) A list of the proposed dates of publication of the
public
notice, and the names of the newspapers in which the
notice will
appear;
(6) Any request for a restriction, limit, or waiver with
respect to the open enrollment period, along with any supporting
documentation.
(H)(I)(1) An open enrollment period shall not satisfy the
requirements of this
section unless the health insuring
corporation provides adequate public notice
in accordance with
divisions (H)(I)(2) and (3) of this section. No public notice
shall
be used until the form of the public
notice has been filed
by the
health insuring corporation with
the superintendent. If
the
superintendent does not disapprove
the public notice within
sixty
days after it is filed, it shall
be deemed approved, unless
the
superintendent sooner gives
approval for the public notice.
If the
superintendent
determines within this sixty-day period
that the
public notice
fails to meet the requirements of this
section, the
superintendent shall so notify the health insuring
corporation
and
it shall be unlawful for the health insuring
corporation to
use
the public notice. Such disapproval shall be
effected by a
written
order, which shall state the grounds for
disapproval and
shall be
issued in accordance with Chapter 119.
of the Revised Code.
(2) A public notice pursuant to division (H)(I)(1) of this
section shall be
published in at least one newspaper of general
circulation in each county in
the health insuring corporation's
service area, at least once in each of the
two weeks immediately
preceding the
month in which the open enrollment is to occur and
in each week
of that month, or until the enrollment limitation is
reached,
whichever occurs first. The notice published during the
last
week of open enrollment shall appear not less than five days
before the end of the open enrollment period. It shall be at
least
two newspaper columns wide or two and one-half inches
wide,
whichever is larger. The first two lines of the text
shall be
published in not less than twelve-point, boldface type.
The
remainder of the text of the notice shall be published in
not less
than eight-point type. The entire public notice shall
be
surrounded by a continuous black line not less than
one-eighth of
an inch wide.
(3) The following information shall be included in the
public
notice provided under division (H)(I)(2) of this section:
(a) The dates that open enrollment will be held and the date
coverage
obtained under the open enrollment will become effective;
(b) Notice that an applicant or the applicant's dependents
will not be denied
coverage during open enrollment because of a
preexisting health condition, but
that some limitations and
restrictions may apply;
(c) The address where a person may obtain an application;
(d) The telephone number that a person may call to request an
application or
to ask
questions;
(e) The date the first payment will be due;
(f) The actual rates or range of rates that will be
applicable for
applicants;
(g) Any limitation
granted by the superintendent on the
number of applications that
will be accepted by the health
insuring corporation.
(4) Within thirty days after the end of an open
enrollment
period, the health insuring corporation shall submit
to the
superintendent proof of publication for the public
notices, and
shall report the total number of applicants and
their dependents
enrolled during the open enrollment
period.
(I)(J)(1) No health insuring corporation may employ any
scheme,
plan, or device
that restricts the ability of any person
to enroll
during open
enrollment.
(2) No health insuring corporation may require enrollment
to
be made in person. Every health insuring corporation shall
permit
application for coverage by mail. A representative of
the health
insuring corporation may visit an applicant who has
submitted an
application by mail, in order to explain the
operations of the
health insuring corporation and to answer any
questions the
applicant may have. Every health insuring
corporation shall make
open enrollment applications and
solicitation documents readily
available to any potential
applicant who requests such material.
(J)(K) An application postmarked on the last day of an open
enrollment period
shall qualify as a valid application, regardless
of the date on which it is
received by the health insuring
corporation.
(K)(L) This section does not apply to any of the following:
(1) Any health insuring
corporation that offers only
supplemental health
care services or specialty health care
services;
(2) Any health insuring
corporation that offers plans only
through medicare, medicaid,
or the children's buy-in program and
that has no other commercial
enrollment;
(3) Any health
insuring corporation that offers plans only
through other federal health care
programs regulated by federal
regulatory bodies and that has no other
commercial enrollment;
(4) Any health insuring corporation that
offers
plans only
through contracts covering officers or employees of
the state that
have been entered into by the
department of administrative
services and that has no other
commercial enrollment.
(L)(M) Each health
insuring corporation shall accept
federally
eligible individuals
for open enrollment coverage as
provided in
section 3923.581 of
the Revised
Code. A health
insuring
corporation may reinsure coverage of any federally
eligible
individual acquired under that section with the open
enrollment
reinsurance program in accordance with division
(G) of
section
3924.11 of the
Revised
Code. Fixed periodic
prepayment
rates
charged for coverage reinsured by the program
shall be
established
in accordance with section 3924.12 of the
Revised
Code.
(M)(N) As used in this
section, "federally:
(1) "Base rate" means, as to any health benefit plan that is
issued by a health insuring corporation in the individual market,
the lowest premium rate for new or existing business prescribed by
the health insuring corporation for the same or similar coverage
under a plan or arrangement covering any individual with similar
case characteristics.
(2) "Federally eligible individual"
means an eligible
individual as defined in 45
C.F.R.
148.103.
Sec. 1751.16. (A) Except as provided in division (F) of
this
section, every group contract issued by a health insuring
corporation shall provide an option for conversion to an
individual contract issued on a direct-payment basis to any
subscriber covered by the group contract who terminates
employment
or membership in the group, unless:
(1) Termination of the conversion option or contract is
based
upon nonpayment of premium after reasonable notice in
writing has
been given by the health insuring corporation to the
subscriber.
(2) The subscriber is, or is eligible to be, covered for
benefits at least comparable to the group contract under any of
the following:
(b) Any act of congress or law under this or any other state
of the
United States providing coverage at least comparable to the
benefits under
division (A)(2)(a) of this section;
(c) Any policy of insurance or health care plan providing
coverage at least
comparable to the benefits under division
(A)(2)(a)
of this section.
(B)(1) The direct-payment contract offered by the health
insuring
corporation
pursuant to division (A) of this section
shall provide
the following:
(a) In the case of an individual who is not a
federally
eligible individual, benefits comparable to benefits
in any of the
individual contracts then being issued to
individual subscribers
by the health insuring
corporation;
(b) In the case of a federally eligible
individual, a basic
and standard plan established by the board
of directors of the
Ohio health
reinsurance program under section 3924.10 of the
Revised Code or plans substantially similar to
the basic
and
standard plan in benefit design and scope of covered
services. For
purposes of division
(B)(1)(b) of this
section, the
superintendent of insurance shall determine whether
a plan is
substantially similar to the basic or standard plan in
benefit
design and scope of covered services. The contractual
periodic
prepayments charged for such plans may not exceed an
amount that
is two one and one-half times the midpoint of the standard base
rate
charged any other
individual of a group to which the
organization is currently
accepting new business and for which
similar copayments and
deductibles are applied.
(2) The direct payment contract offered pursuant to
division
(A) of this section
may include a coordination of benefits
provision as approved by
the superintendent.
(3) For purposes of division
(B) of this section "federally:
(a) "Federally
eligible individual" means an eligible
individual as defined in
45
C.F.R.
148.103.
(b) "Base rate" means, as to any health benefit plan that is
issued by a health insuring corporation in the individual market,
the lowest premium rate for new or existing business prescribed by
the health insuring corporation for the same or similar coverage
under a plan or arrangement covering any individual with similar
case characteristics.
(C) The option for conversion shall be available:
(1) Upon the death of the subscriber, to the surviving
spouse
with respect to such of the spouse and
dependents as are then
covered by the group contract;
(2) To a child solely with respect to the child upon the
child's attaining the limiting age of coverage under the group
contract while covered as a dependent under the contract;
(3) Upon the divorce, dissolution, or annulment of the
marriage of the subscriber, to the divorced spouse, or, in the
event of annulment, to the former spouse of the
subscriber.
(D) No health insuring corporation shall use age or health
status as the basis
for refusing to
renew a converted contract.
(E) Written notice of
the conversion option provided by this
section shall be given to
the subscriber by the health insuring
corporation by mail. The
notice shall be sent to the subscriber's
address in the records
of the employer upon receipt of notice from
the employer of the
event giving rise to the conversion option. If
the subscriber
has not received notice of the conversion privilege
at least
fifteen days prior to the expiration of the thirty-day
conversion period, then the subscriber shall have an additional
period within which to exercise the privilege. This additional
period shall expire fifteen days after the subscriber receives
notice, but in no event shall the period extend beyond sixty
days
after the expiration of the thirty-day conversion
period.
(F) This section does not apply to any group contract
offering only
supplemental health care services or specialty
health care services.
Sec. 1751.19. (A) A health insuring corporation shall
establish
and maintain a complaint system that has been approved
by the
superintendent of insurance to provide adequate and
reasonable
procedures for the expeditious resolution of written
complaints
initiated by subscribers or enrollees concerning any
matter
relating to services provided, directly or indirectly, by
the
health insuring corporation, including, but not limited to,
complaints regarding cancellations or nonrenewals of coverage.
Complaints regarding a health insuring corporation's decision to
deny, reduce, or terminate coverage for health care services are
subject to section 1751.83 of the Revised Code.
(B) A health insuring corporation shall provide a timely
written
response to each written complaint it receives.
(C)(1) Copies of complaints and responses, including medical
records
related to those complaints, shall be available to the
superintendent and the director of health for inspection for three
years. Any document or information provided to the superintendent
pursuant to this division that contains a medical record is
confidential, and is not a public record subject to
section 149.43
of the Revised Code.
(2) Notwithstanding division (C)(1) of this section, the
superintendent may share documents and information that contain a
medical record in connection with the investigation or prosecution
of any illegal or criminal activity with the chief deputy
rehabilitator, the chief
deputy liquidator, other deputy
rehabilitators and liquidators,
and any other person employed by,
or acting on behalf of, the
superintendent pursuant to Chapter
3901. or 3903. of the Revised
Code, with other local, state,
federal, and international
regulatory and law enforcement
agencies, with local, state, and
federal prosecutors, and with the
national association of
insurance commissioners and its affiliates
and subsidiaries,
provided that the recipient agrees to maintain
the confidential or
privileged status of the confidential or
privileged document or
information and has authority to do so.
(3)
Nothing in this section shall prohibit the superintendent
from receiving documents and information in accordance with
section 3901.045 of the Revised Code.
(4) The superintendent may enter into agreements governing
the sharing and use of documents and information consistent with
the requirements of this section.
(5) No waiver of any applicable privilege or claim of
confidentiality in the documents and information described in
division (C)(1) of this section occurs as a result of sharing or
receiving documents and information as authorized in divisions
(C)(2) and (3) of this section.
(D) A health insuring corporation shall establish and
maintain a
procedure to accept complaints over the telephone or in
person.
These complaints are not subject to the reporting
requirement
under division (C) of section 1751.32 of the Revised
Code.
(E) A health insuring corporation may comply with this
section
and section 1751.83 of the Revised Code by establishing
one system
for receiving and reviewing complaints and requests for
internal
review from enrollees and subscribers if the system meets
the
requirements of both sections.
Sec. 1751.32. Each health insuring corporation, annually, on
or
before the first day of March,
shall file a report with the
superintendent of insurance and the
director of health, covering
the preceding calendar year.
The report shall be verified by an officer of the health
insuring corporation, shall be in the form the superintendent
prescribes, and shall include:
(A) A financial
statement of the health insuring corporation,
including its
balance sheet and receipts and disbursements for the
preceding
year, which reflect, at a minimum:
(1) All premium rate and other payments received for
health
care services rendered;
(2) Expenditures with respect to all categories of
providers,
facilities, insurance companies, and other persons
engaged to
fulfill obligations of the health insuring
corporation arising out
of its health care policies, contracts,
certificates, and
agreements;
(3) Expenditures for capital improvements or additions
thereto, including, but not limited to, construction,
renovation,
or purchase of facilities and equipment.
(B) A description of the
enrollee population and composition,
group and nongroup;
(C) A summary of
enrollee written complaints and their
disposition;
(D) A statement of the
number of subscriber policies,
contracts, certificates, and
agreements that have been terminated
by action of the health
insuring corporation, including the number
of enrollees
affected;
(E) A summary of the
information compiled pursuant to
division
(B)(5) of section 1751.04 of the Revised Code;
(F) A current report of
the names and addresses of the
persons responsible for the
conduct of the affairs of the health
insuring corporation as
required by section 1751.03 of the Revised
Code. Additionally, the report shall include
the amount of wages,
expense reimbursements, and other payments
to these persons for
services to the health insuring
corporation, and shall include a
full disclosure of the
financial interests related to the
operations of the health
insuring corporation acquired by these
persons during the
preceding year.
(G) An actuarial opinion
in the form prescribed by the
superintendent by rule;
(H) Any other
information relating to the performance of the
health insuring
corporation that is necessary to enable the
superintendent to
carry out the superintendent's duties under this
chapter.
Sec. 1751.321. Each health insuring corporation,
annually,
on or before the first day of June, shall file with
the
superintendent of insurance and the director of health an
audit
report certified by an independent certified public
accountant
covering the preceding calendar year. The report
shall be verified
by an officer of the health insuring
corporation and shall be in
the form prescribed by
the superintendent by rule.
Sec. 1751.34. (A) Each health
insuring corporation and each
applicant for a certificate of
authority under this chapter shall
be subject to examination by
the superintendent of insurance in
accordance with section
3901.07 of the Revised
Code. Section
3901.07 of the
Revised Code shall govern every aspect
of the
examination, including the circumstances under and
frequency with
which it is conducted, the authority of the
superintendent and any
examiner or other person appointed by the
superintendent, the
liability for the assessment of expenses
incurred in conducting
the examination, and the remittance of
the assessment to the
superintendent's examination fund.
(B) The director of
health superintendent shall make an
examination
concerning the matters subject to
the director's
superintendent's consideration in
section 1751.04 of the
Revised
Code as often as the director
superintendent considers it
necessary for the protection of the interests of
the
people of
this state, but not less frequently than once
every
three years.
The expenses of such examinations shall be
assessed
against the
health insuring corporation being examined
in the
manner in which
expenses of examinations are assessed
against an
insurance
company under section 3901.07 of the
Revised Code.
Nothing in
this division requires the director superintendent to make an
examination of any of the following:
(1) A health insuring corporation that covers solely medicaid
recipients;
(2) A health insuring corporation that covers solely
medicare beneficiaries;
(3) A health insuring corporation that covers solely
medicaid recipients and
medicare beneficiaries;
(4) A health insuring corporation that covers solely
participants of the children's buy-in program;
(5) A health insuring corporation that covers solely medicaid
recipients and participants of the children's buy-in program;
(6) A health insuring corporation that covers solely medicaid
recipients, medicare beneficiaries, and participants of the
children's buy-in program.
(C) An examination, pursuant to section 3901.07 of the
Revised Code, of an insurance company
holding a certificate of
authority under this chapter to
organize and operate a health
insuring corporation shall include
an examination of the health
insuring corporation pursuant to
this section and the examination
shall satisfy the requirements
of divisions (A) and
(B) of this
section.
(D) The superintendent
may conduct market conduct
examinations pursuant to section
3901.011 of the Revised
Code of
any health insuring
corporation as often as the superintendent
considers it
necessary for the protection of the interests of
subscribers and
enrollees. The expenses of such market conduct
examinations
shall be assessed against the health insuring
corporation being
examined. All costs, assessments, or fines
collected under this
division shall be paid into the state
treasury to the credit of
the department of insurance operating
fund.
Sec. 1751.35. (A) The superintendent of insurance may
suspend or
revoke any certificate of authority issued to a health
insuring
corporation under this chapter if the superintendent
finds that:
(1) The health insuring corporation is operating in
contravention
of its articles of incorporation, its health care
plan or plans,
or in a manner contrary to that described in and
reasonably
inferred from any other information submitted under
section
1751.03 of the Revised Code, unless amendments to such
submissions
have been filed and have taken effect in compliance
with this
chapter.
(2) The health insuring corporation fails to issue evidences
of
coverage in compliance with the requirements of section 1751.11
of
the Revised Code.
(3) The contractual periodic prepayments or premium rates
used do
not comply with the requirements of section 1751.12 of the
Revised
Code.
(4) The health insuring corporation enters into a contract,
agreement, or other arrangement with any health care facility or
provider, that does not comply with the requirements of section
1751.13 of the Revised Code, or the corporation fails to provide
an annual certificate as required by section 1751.13 of the
Revised Code.
(5) The director of health has certified superintendent
determines, after a hearing
conducted in accordance with Chapter
119. of the Revised Code,
that the health insuring corporation no
longer meets the
requirements of section 1751.04 of the Revised
Code.
(6) The health insuring corporation is no longer financially
responsible and may reasonably be expected to be unable to meet
its obligations to enrollees or prospective enrollees.
(7) The health insuring corporation has failed to implement
the
complaint system that complies with the requirements of
section
1751.19 of the Revised Code.
(8) The health insuring corporation, or any agent or
representative of the corporation, has advertised, merchandised,
or solicited on its behalf in contravention of the requirements of
section 1751.31 of the Revised Code.
(9) The health insuring corporation has unlawfully
discriminated
against any enrollee or prospective enrollee with
respect to
enrollment, disenrollment, or price or quality of
health care
services.
(10) The continued operation of the health insuring
corporation
would be hazardous or otherwise detrimental to its
enrollees.
(11) The health insuring corporation has submitted false
information in any filing or submission required under this
chapter or any rule adopted under this chapter.
(12) The health insuring corporation has otherwise failed to
substantially comply with this chapter or any rule adopted under
this chapter.
(13) The health insuring corporation is not operating a
health
care plan.
(14) The health insuring corporation has failed to comply
with
any of the requirements of sections 1751.77 to 1751.88 of the
Revised Code.
(B) A certificate of authority shall be suspended or revoked
only
after compliance with the requirements of Chapter 119. of the
Revised Code.
(C) When the certificate of authority of a health insuring
corporation is suspended, the health insuring corporation, during
the period of suspension, shall not enroll any additional
subscribers or enrollees except newborn children or other newly
acquired dependents of existing subscribers or enrollees, and
shall not engage in any advertising or solicitation whatsoever.
(D) When the certificate of authority of a health insuring
corporation is revoked, the health insuring corporation, following
the effective date of the order of revocation, shall conduct no
further business except as may be essential to the orderly
conclusion of the affairs of the health insuring corporation. The
health insuring corporation shall engage in no further advertising
or solicitation whatsoever. The superintendent, by written order,
may permit such further operation of the health insuring
corporation as the superintendent may find to be in the best
interest of enrollees, to the end that enrollees will be afforded
the greatest practical opportunity to obtain continuing health
care coverage.
Sec. 1751.36. (A) When the
superintendent of insurance has
cause to believe that grounds
for the denial of an application for
a certificate of authority
exist, or that grounds for the
suspension or revocation of a
certificate of authority exist, the
superintendent shall notify
the applicant or health insuring
corporation and the director of health in
writing, specifically
stating the grounds for the denial,
suspension, or revocation and
setting a date of at least thirty
days after the notification for
a hearing on the matter.
(B) The recommendations
and findings of the director of
health with respect to matters
subject to the director's
consideration under section 1751.04 of
the Revised
Code, provided
in connection
with any decision regarding the denial, suspension,
or
revocation of a certificate of authority, shall be reviewed and
considered by the superintendent. After the hearing authorized
by
division (A) of this
section, or upon the failure of the applicant
or health insuring corporation
to appear at the hearing, the
superintendent shall take such
action as in accordance with law
and the evidence. The action
shall be set out in written findings
which shall be mailed to
the applicant or health insuring
corporation with a copy to the director of
health. The action of
the superintendent is subject to review
in accordance with Chapter
119.
of the Revised
Code, except that a
certification by the
director under division
(D) of section 1751.04 or
division (A)(5)
of section 1751.35 of the Revised
Code that was made in accordance
with Chapter 119. of the
Revised Code shall be final as to the
matters certified.
(C) Chapter 119. of the Revised Code applies to
proceedings
under this section to the extent that it is not in conflict with
divisions (A) and (B) of this section.
Sec. 1751.45. (A) In lieu of
the suspension or revocation of
a certificate of authority under
section 1751.35 of the Revised
Code, the superintendent of
insurance, pursuant to an adjudication
hearing initiated and
conducted in accordance with Chapter 119. of
the Revised
Code, or by consent of the
health insuring corporation
without an adjudication hearing, may
levy an administrative
penalty. The administrative penalty shall be in an
amount
determined by the
superintendent, but the administrative penalty
shall not exceed one hundred
thousand dollars per violation.
Additionally, the
superintendent may
require the health insuring
corporation to
correct any deficiency that may be the basis for
the suspension
or revocation of the health insuring corporation's
certificate
of authority. All penalties collected shall be paid
into the
state treasury to the credit of the department of
insurance
operating fund.
(B) If the
superintendent or the director of health for any
reason has
cause to believe that any violation of this chapter has
occurred
or is threatened, the superintendent or the director may
give
notice to the health insuring corporation and to the
representatives or other persons who appear to be involved in
the
suspected violation to arrange a conference with the
suspected
violators or their authorized representatives for the
purpose of
attempting to ascertain the facts relating to the
suspected
violation, and, if it appears that any violation has
occurred or
is threatened, to arrive at an adequate and
effective means of
correcting or preventing the violation.
Proceedings under this division shall not be covered by
any
formal procedural requirements, and may be conducted in the
manner
the superintendent or the director of health may consider
appropriate under the circumstances.
(C)(1) The
superintendent may issue an order directing a
health insuring
corporation or a representative of the health
insuring
corporation to cease and desist from engaging in any act
or
practice in violation of this chapter. Within thirty days after
service of the order to cease and desist, the respondent may
request a hearing on the question of whether acts or practices
in
violation of this chapter have occurred. Such hearings shall
be
conducted in accordance with Chapter 119. of the Revised
Code and
judicial review shall
be available as provided by that chapter.
(2) If the superintendent has reasonable cause to believe
that an order issued pursuant to this division has been violated
in whole or in part, the superintendent may request the attorney
general to commence and prosecute any appropriate action or
proceeding in the name of the state against the violators in the
court of common pleas of
Franklin county. The court in
any such
action or proceeding may levy civil penalties, not to
exceed one
hundred thousand dollars per violation, in addition
to any other
appropriate relief, including requiring a violator
to pay the
expenses reasonably incurred by the superintendent in
enforcing
the order. The penalties and fees collected under
this division
shall be paid into the state treasury to the
credit of the
department of insurance operating fund.
Sec. 1751.46. (A) The
superintendent of insurance and the
director of health may
contract with qualified persons to make
recommendations
concerning the determinations required to be made
by the
superintendent or the director relative to an expansion of
a
service area pursuant to division
(C) of section 1751.03 of the
Revised Code, an application for a
certificate of authority
pursuant to sections 1751.04 and
1751.05 of the Revised
Code, a
contractual periodic
prepayment or premium rate pursuant to
section 1751.12 of the
Revised Code, and an examination
pursuant
to division (B) of
section 1751.34 of the Revised
Code. The
recommendations may
be accepted in full or in part, or may be
rejected, by the
superintendent or director.
The total cost of a contract with a qualified person
pursuant
to this division shall represent the fair market value of the
services provided and shall be borne by the health insuring
corporation that is the subject of the determination required to
be made by the superintendent or the director.
(B) No qualified person
placed on contract by the
superintendent or the director
pursuant to division (A) of
this
section shall have a conflict of interest with the
department of
insurance, the department of health, or the health
insuring
corporation.
Sec. 1751.48. (A) The
superintendent of insurance may adopt
rules as are necessary to
carry out the provisions of this
chapter. These rules shall be
adopted in accordance with Chapter
119. of the Revised
Code.
(B) The director of
health may make recommendations to the
superintendent for rules
that are necessary to enable the director
to carry out the
director's responsibilities under this chapter,
including rules
that prescribe standards relating to the
requirements set forth
in division (B) of section
1751.04 of the
Revised
Code. In adopting any rules
pertaining to the director's
responsibilities, the
superintendent shall consider the
recommendations of the
director.
Sec. 1751.53. (A) As used in this section:
(1) "Group contract" means a group health insuring
corporation contract covering employees that meets either of the
following
conditions:
(a) The contract was issued by an entity that,
on June 4,
1997, holds a certificate
of
authority or license to operate
under
Chapter 1738. or 1742. of
the
Revised Code, and covers an
employee at
the time the
employee's employment is terminated.
(b) The contract is delivered,
issued for delivery, or
renewed in this state after
June 4, 1997, and
covers an employee
at
the time the employee's
employment is terminated.
(2) "Eligible employee" means an employee to whom all of
the
following apply:
(a) The employee has
been continuously covered under a group
contract or under the
contract and any prior similar group
coverage replaced by the
contract, during the entire three-month
period preceding the
termination of the employee's employment.
(b) The employee is
entitled, at the time of the termination
of this employment, to
unemployment compensation benefits under
Chapter 4141. of the Revised Code The employee's termination of
employment is not a result of any gross misconduct on the part of
the employee.
(c) The employee is not,
and does not become, covered by or
eligible for coverage by
medicare.
(d) The employee is not,
and does not become, covered by or
eligible for coverage by any
other insured or uninsured
arrangement that provides hospital,
surgical, or medical coverage
for individuals in a group and
under which the employee was not
covered immediately prior to
the termination of employment. A
person eligible for
continuation of coverage under this section,
who is also
eligible for coverage under section 3923.123 of the
Revised Code, may elect either
coverage, but not both. A person
who elects continuation of
coverage may elect any coverage
available under section 3923.123
of the Revised
Code upon the
termination of
the continuation of coverage.
(3) "Termination of employment" includes both voluntary and
involuntary termination of employment.
(B) A group contract
shall provide that any eligible employee
may continue the
coverage under the contract, for the employee and
the employee's
eligible dependents, for a period of six months
after the date
that the group coverage would otherwise terminate
by reason of
the termination of the employee's employment. Each
certificate
of coverage issued to employees under the contract
shall include
a notice of the employee's privilege of
continuation.
(C) All of the following
apply to the continuation of group
coverage required under
division (B) of this
section:
(1) Continuation need not include any supplemental health
care services benefits or specialty health care services benefits
provided by
the group contract except for prescription drug
services.
(2) The employer shall notify the employee of the right
of
continuation at the time the employer notifies the employee
of the
termination of employment. The notice shall inform the
employee of
the amount of contribution required by the employer
under division
(C)(4) of this
section.
(3) The employee shall file a written election of
continuation with the employer and pay the employer the first
contribution required under division
(C)(4) of this section. The
request and payment must be received by the employer no later
than
the earlier of any of the following dates:
(a) Thirty-one days
after the date on which the employee's
coverage would otherwise
terminate;
(b) Ten days after the
date on which the employee's coverage
would otherwise terminate,
if the employer has notified the
employee of the right of
continuation prior to this date;
(c) Ten days after the
employer notifies the employee of the
right of continuation, if
the notice is given after the date on
which the employee's
coverage would otherwise terminate.
(4) The employee must pay to the employer, on a monthly
basis, in advance, the amount of contribution required by the
employer. The amount required shall not exceed the group rate
for
the insurance being continued under the policy on the due
date of
each payment.
(5) The employee's privilege to continue coverage and the
coverage under any continuation ceases if any of the following
occurs:
(a) The employee ceases to be an eligible employee under
division (A)(2)(c)
or (d) of this section;
(b) A period of six twelve
months expires after the date that
the
employee's coverage under
the group contract would otherwise
have
terminated because of
the termination of employment;
(c) The employee fails
to make a timely payment of a required
contribution, in which
event the coverage shall cease at the end
of the coverage for
which contributions were made;
(d) The group contract
is terminated, or the employer
terminates participation under
the contract, unless the employer
replaces the coverage by
similar coverage under another contract
or other group health
arrangement. If the employer replaces the
contract with similar
group health coverage, all of the following
apply:
(i) The member shall be
covered under the replacement
coverage, for the balance of the
period that the member would have
remained covered under the
terminated coverage if it had not been
terminated.
(ii) The minimum level
of benefits under the replacement
coverage shall be the
applicable level of benefits of the contract
replaced reduced by
any benefits payable under the contract
replaced.
(iii) The contract
replaced shall continue to provide
benefits to the extent of its
accrued liabilities and extensions
of benefits as if the
replacement had not occurred.
(D) This section does
not apply to any group contract
offering only
supplemental health care services or specialty
health care services.
Sec. 1751.831. The superintendent of insurance shall
establish
and maintain a system for receiving and reviewing
requests for
review from or on behalf of enrollees who, under
section 1751.83
of the Revised Code, have been denied coverage of
a health care
service or had coverage reduced or terminated when
the grounds for
the denial, reduction, or termination is that the
service is not a
service covered under the terms of the enrollee's
policy,
contract, or agreement.
On receipt of a written request from an enrollee or
authorized
person, the superintendent shall consider whether the
health care
service is a service covered under the terms of the
enrollee's
policy, contract, or agreement, except that the
superintendent
shall not conduct a review under this section
unless the enrollee
has exhausted the health insuring
corporation's internal review
process established pursuant to
section 1751.83 of the Revised
Code. The health insuring
corporation and the enrollee or
authorized person shall provide
the superintendent with any
information required by the
superintendent that is in their
possession and is germane to the
review.
Unless the superintendent is not able to do so because making
the
determination requires resolution of a medical issue, the
superintendent shall determine whether the health care service at
issue is a service covered under the terms of the enrollee's
contract, policy, or agreement. The superintendent shall notify
the enrollee, or authorized person, and the health insuring
corporation of the
superintendent's determination or that the
superintendent is not
able to make a determination.
If the superintendent notifies the health insuring
corporation
that making the determination requires the resolution
of a medical
issue, the health insuring corporation shall afford
the enrollee
an opportunity for initiate an external review under
section 1751.84 or
1751.85 of the Revised Code. If the
superintendent notifies the
health insuring corporation that the
health service is a covered
service, the health insuring
corporation shall either cover the
service or afford the enrollee
an opportunity for an external
review under section 1751.84 or
1751.85 of the Revised Code. If
the superintendent notifies the
health insuring corporation that
the health care service is not a
covered service, the health
insuring corporation is not required
to cover the service or
afford the enrollee an external review.
Sec. 1751.84. (A) Except as provided in divisions (B) and
(C) of
this section, a health insuring corporation shall afford an
enrollee an opportunity for an external review if both of the
following are the case:
(1) The health insuring corporation has denied, reduced, or
terminated coverage for what would be a covered health care
service except for the fact that the health insuring corporation
has determined that the health care service is not medically
necessary;
(2) Except in the case of an expedited review, the service,
plus
any ancillary services and follow-up care, will cost the
enrollee
more than five hundred dollars if the proposed service is
not
covered by the health insuring corporation.
External review shall be conducted in accordance with this
section, except that if an enrollee with a terminal condition
meets all of the criteria of division (A) of section 1751.85 of
the Revised Code, an external review shall be conducted under that
section.
(B) An enrollee need not be afforded a review under this
section
in any of the following circumstances:
(1) The superintendent of insurance has determined under
section
1751.831 of the Revised Code that the health care service
is not a
service covered under the terms of the enrollee's policy,
contract, or agreement.
(2) Except as provided in section 1751.811 of the Revised
Code,
the enrollee has failed to exhaust the health insuring
corporation's internal review process established pursuant to
section 1751.83 of the Revised Code.
(3) The enrollee has previously been afforded an external
review
for the same adverse determination and no new clinical
information
has been submitted to the health insuring corporation.
(C)(1) A health insuring corporation may deny a request for
an
external review of an adverse determination if it is requested
later than sixty days after the enrollee's receipt of notice of
the result of an internal review brought under section 1751.83 of
the Revised Code. An external review may be requested by the
enrollee, an authorized person, the enrollee's provider, or a
health care facility rendering health care service to the
enrollee. The enrollee may request a review without the approval
of the provider or the health care facility rendering the health
care service. The provider or health care facility may not
request
a review without the prior consent of the enrollee.
(2) An external review must be requested in writing, except
that
if the enrollee has a condition that requires expedited
review,
the review may be requested orally or by electronic means.
When
an oral or electronic request for review is made, written
confirmation of the request shall be submitted to the health
insuring corporation not later than five days after the oral or
written request is submitted.
Except in the case of an expedited review, a request for an
external review must be accompanied by written certification from
the enrollee's provider or the health care facility rendering the
health care service to the enrollee that the proposed service,
plus any ancillary services and follow-up care, will cost the
enrollee more than five hundred dollars if the proposed service is
not covered by the health insuring corporation.
(3) For an expedited review, the enrollee's provider must
certify
that the enrollee's condition could, in the absence of
immediate
medical attention, result in any of the following:
(a) Placing the health of the enrollee or, with respect to a
pregnant woman, the health of the enrollee or the unborn child, in
serious jeopardy;
(b) Serious impairment to bodily functions;
(c) Serious dysfunction of any bodily organ or part.
(D) The procedures used in conducting an external review of
an
adverse determination shall include all of the following:
(1) The review shall be conducted by an independent review
organization assigned by the superintendent of insurance under
section 3901.80 of the Revised Code.
(2) Except as provided in division (D)(3) and (4) of this
section, neither the clinical peer nor any health care facility
with which the clinical peer is affiliated shall have any
professional, familial, or financial affiliation with any of the
following:
(a) The health insuring corporation or any officer, director,
or
managerial employee of the health insuring corporation;
(b) The enrollee, the enrollee's provider, or the practice
group
of the enrollee's provider;
(c) The health care facility at which the health care service
requested by the enrollee would be provided;
(d) The development or manufacture of the principal drug,
device,
procedure, or therapy proposed for the enrollee.
(3) Division (D)(2) of this section does not prohibit a
clinical
peer from conducting a review under any of the following
circumstances:
(a) The clinical peer is affiliated with an academic medical
center that provides health care services to enrollees of the
health insuring corporation.
(b) The clinical peer has staff privileges at a health care
facility that provides health care services to enrollees of the
health insuring corporation.
(c) The clinical peer is a participating provider but was not
involved with the health insuring corporation's adverse
determination.
(4) Division (D)(2) of this section does not prohibit the
health
insuring corporation from paying the independent review
organization for the conduct of the review.
(5) An enrollee shall not be required to pay for any part of
the
cost of the review. The cost of the review shall be borne by
the
health insuring corporation.
(6)(a) The health insuring corporation shall provide to the
independent review organization conducting the review a copy of
those records in its possession that are relevant to the
enrollee's medical condition and the review. The records shall be
used solely for the purpose of this division.
At the request of the independent review organization, the
health
insuring corporation, enrollee, or the provider or health
care
facility rendering health care services to the enrollee shall
provide any additional information the independent review
organization requests to complete the review. A request for
additional information may be made in writing, orally, or by
electronic means. The independent review organization shall
submit
the request to the enrollee and health insuring
corporation. If a
request is submitted orally or by electronic
means to an enrollee
or health insuring corporation, not later
than five days after the
request is submitted, the independent
review organization shall
provide written confirmation of the
request. If the review was
initiated by a provider or health care
facility, a copy of the
request shall be submitted to the provider
or health care
facility.
(b) An independent review organization is not required to
make a
decision if it has not received any requested information
that it
considers necessary to complete a review. An independent
review
organization that does not make a decision for this reason
shall
notify the enrollee and the health insuring corporation that
a
decision is not being made. The notice may be made in writing,
orally, or by electronic means. An oral or electronic notice
shall
be confirmed in writing not later than five days after the
oral or
electronic notice is made. If the review was initiated by
a
provider or health care facility, a copy of the notice shall be
submitted to the provider or health care facility.
(7) The health insuring corporation may elect to cover the
service requested and terminate the review. The health insuring
corporation shall notify the enrollee and all other parties
involved with the decision by mail or, with the consent or
approval of the enrollee, by electronic means.
(8) In making its decision, an independent review
organization
conducting the review shall take into account all of
the
following:
(a) Information submitted by the health insuring corporation,
the
enrollee, the enrollee's provider, and the health care
facility
rendering the health care service, including the
following:
(i) The enrollee's medical records;
(ii) The standards, criteria, and clinical rationale used by
the
health insuring corporation to make its decision.
(b) Findings, studies, research, and other relevant documents
of
government agencies and nationally recognized organizations,
including the national institutes of health or any board
recognized by the national institutes of health, the national
cancer institute, the national academy of sciences, the United
States food and drug administration, the health care financing
administration of the United States department of health and human
services, and the agency for health care policy and research;
(c) Relevant findings in peer-reviewed medical or scientific
literature, published opinions of nationally recognized medical
experts, and clinical guidelines adopted by relevant national
medical societies.
(9)(a) In the case of an expedited review, the independent
review
organization shall issue a written decision not later than
seven
days after the filing of the request for review. In all
other
cases, the independent review organization shall issue a
written
decision not later than thirty days after the filing of
the
request. The independent review organization shall send a copy
of
its decision to the health insuring corporation and the
enrollee.
If the enrollee's provider or the health care facility
rendering
health care services to the enrollee requested the
review, the
independent review organization shall also send a copy
of its
decision to the enrollee's provider or the health care
facility.
(b) The independent review organization's decision shall
include
a description of the enrollee's condition and the
principal
reasons for the decision and an explanation of the
clinical
rationale for the decision.
(E) The independent review organization shall base its
decision
on the information submitted under division (D)(8) of
this
section. In making its decision, the independent review
organization shall consider safety, efficacy, appropriateness, and
cost effectiveness.
(F) The health insuring corporation shall provide any
coverage
determined by the independent review organization's
decision to be
medically necessary, subject to the other terms,
limitations, and
conditions of the enrollee's contract. The
decision shall apply
only to the individual enrollee's external
review.
Sec. 1753.09. (A) Except as provided in division
(D) of this
section, prior to
terminating the participation of a provider on
the
basis of the participating provider's failure to meet the
health insuring
corporation's standards for quality or utilization
in the delivery of health
care
services, a health insuring
corporation shall give the
participating provider notice of the
reason or reasons for its
decision to terminate the provider's
participation and an opportunity to take
corrective action. The
health insuring corporation shall
develop a performance
improvement plan in conjunction with the
participating provider.
If after being afforded the opportunity
to comply with the
performance improvement plan, the participating provider
fails to
do so, the health insuring corporation may terminate the
participation of the provider.
(B)(1) A participating provider whose participation has
been
terminated under division
(A) of this section may appeal
the
termination to the appropriate medical director of the
health
insuring corporation. The medical director shall give
the
participating provider an opportunity to discuss with the
medical
director the reason or reasons for the termination.
(2) If a satisfactory resolution of a participating
provider's appeal cannot be reached under division
(B)(1) of this
section, the participating provider
may appeal the termination to
a panel composed of participating
providers
who have comparable or
higher levels of
education and training than the participating
provider making
the appeal. A representative of the participating
provider's
specialty shall be a member of the panel, if possible.
This
panel shall hold a hearing, and shall render its
recommendation in the
appeal within thirty days after holding the
hearing. The
recommendation shall be presented to the medical
director and to the
participating provider.
(3) The medical director shall review and consider the
panel's recommendation before making a decision. The decision
rendered by the medical director shall be final.
(C) A
provider's status as a participating provider shall
remain in effect during
the appeal
process set forth in division
(B) of this
section unless the termination was based on any of the
reasons
listed in division (D) of this
section.
(D) Notwithstanding division (A) of this section, a
provider's participation may be
immediately terminated if the
participating provider's conduct presents an
imminent risk of harm
to
an enrollee or enrollees; or if there has occurred unacceptable
quality of care, fraud, patient abuse, loss of clinical
privileges, loss of professional liability coverage, incompetence,
or loss of
authority to practice in the participating provider's
field; or if a
governmental action has
impaired the participating
provider's ability to practice.
(E) Divisions (A) to (D) of this section apply
only to
providers who are natural persons.
(F)(1) Nothing in this
section prohibits a health insuring
corporation from rejecting a
provider's application for
participation, or from
terminating a participating provider's
contract, if the health
insuring corporation determines that the
health care needs of
its enrollees are being met and no need
exists for the
provider's or participating provider's services.
(2) Nothing in this section shall be construed as prohibiting
a health
insuring corporation from terminating a participating
provider who does not
meet the terms
and conditions of the
participating provider's contract.
(3) Nothing in this section shall be construed as prohibiting
a health insuring corporation from terminating a participating
provider's contract pursuant to any provision of the contract
described in division (E)(2) of section 3963.02 of the
Revised
Code, except that, notwithstanding any provision of a
contract
described in that division, this section applies to the
termination of a
participating provider's contract for any of the
causes described
in divisions (A), (D), and (F)(1) and (2) of
this section.
(G) The superintendent of insurance may adopt
rules as
necessary to implement and enforce sections
1753.06,
1753.07,
and 1753.09 of the Revised
Code. Such rules shall be
adopted in
accordance with
Chapter 119. of the
Revised
Code. The
director of
health
may make recommendations to the superintendent
for rules
necessary to implement and enforce sections
1753.06, 1753.07, and
1753.09
of the Revised
Code. In adopting any
rules
pursuant to
this division, the superintendent shall consider
the
recommendations of the director.
Sec. 2151.011. (A) As used in the Revised Code:
(1) "Juvenile court" means whichever of the following is
applicable that has jurisdiction
under this chapter and Chapter
2152. of the Revised
Code:
(a) The division of the court of
common pleas specified in
section 2101.022 or 2301.03 of the
Revised Code as
having
jurisdiction under this chapter and Chapter 2152. of the
Revised
Code or as being the
juvenile division or the juvenile division
combined with one or more
other divisions;
(b) The juvenile court of Cuyahoga county or
Hamilton county
that is separately and independently created
by section 2151.08
or
Chapter 2153. of the
Revised Code and that has jurisdiction
under
this
chapter and Chapter 2152. of the Revised
Code;
(c) If division (A)(1)(a) or
(b) of this section does not
apply,
the probate division of the court of common pleas.
(2) "Juvenile judge" means a judge of a court having
jurisdiction under this chapter.
(3) "Private child placing agency" means any association,
as
defined in section 5103.02 of the Revised Code, that is
certified
under section 5103.03
of the Revised Code
to accept temporary,
permanent, or legal custody of children
and place the children for
either foster care or adoption.
(4) "Private noncustodial agency" means any person,
organization, association, or society certified by the department
of job and family services that does not accept temporary
or
permanent
legal custody of children, that is privately operated in
this
state, and that does one or more of the following:
(a) Receives and cares for children for two or more
consecutive weeks;
(b) Participates in the placement of children in
certified
foster homes;
(c) Provides adoption services in conjunction with a
public
children services agency or private child placing agency.
(B) As used in this chapter:
(1) "Adequate parental care" means the provision by a
child's
parent or parents, guardian, or custodian of adequate
food,
clothing, and shelter to ensure the child's health and
physical
safety and the provision by a child's parent or parents
of
specialized services warranted by the child's physical or
mental
needs.
(2) "Adult" means an individual who is eighteen years of age
or
older.
(3) "Agreement for temporary custody" means a voluntary
agreement authorized by section 5103.15 of the Revised Code
that
transfers the temporary custody of a child to a
public children
services agency or a private child placing
agency.
(4) "Certified foster home" means a foster home,
as defined
in section 5103.02 of the Revised Code,
certified under
section
5103.03 of the Revised Code.
(5) "Child" means a person who is under
eighteen years of
age, except
that the juvenile court has jurisdiction over any
person who
is adjudicated an unruly child prior to
attaining
eighteen years
of age until the person attains twenty-one years
of
age, and, for
purposes of that jurisdiction related to that
adjudication, a
person who is so
adjudicated an unruly
child
shall
be deemed a
"child" until the person attains
twenty-one
years of
age.
(6) "Child day camp," "child care," "child day-care
center,"
"part-time
child day-care center," "type A family
day-care home,"
"certified
type B family day-care home," "type B
home,"
"administrator
of a
child day-care center," "administrator
of a
type A family
day-care home," "in-home aide," and "authorized
provider" have
the same meanings as in section 5104.01 of the
Revised Code.
(7) "Child care provider" means an individual who is
a
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family
day-care
home, or an in-home aide or an individual who is
licensed, is
regulated, is approved, operates under the direction
of, or
otherwise is certified by the department of job and
family
services, department of mental retardation and developmental
disabilities, or the early childhood programs of the department
of
education.
(8) "Chronic truant" has the same
meaning as in section
2152.02 of the Revised Code.
(9) "Commit" means to vest custody as ordered by the
court.
(10) "Counseling" includes both of the following:
(a) General counseling services performed
by a public
children services agency or shelter
for victims of domestic
violence to assist a child, a child's
parents, and a child's
siblings in alleviating identified problems
that may
cause or have
caused the child to be an abused, neglected, or
dependent child.
(b) Psychiatric or
psychological therapeutic counseling
services
provided to correct or alleviate any mental or
emotional
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed
under Chapter 4757. of
the Revised Code
to engage in social work or professional
counseling.
(11) "Custodian" means a person who has legal custody
of
a
child or a public children services agency or private child
placing agency that has permanent, temporary, or legal custody of
a child.
(12) "Delinquent child" has the same meaning as in
section
2152.02 of the Revised Code.
(13) "Detention" means the temporary care of children
pending
court adjudication or disposition, or execution of a court
order,
in a
public or private facility designed to physically
restrict
the movement and
activities of children.
(14) "Developmental disability" has the same meaning
as in
section 5123.01 of the Revised Code.
(15) "Foster caregiver" has the
same meaning as in section
5103.02 of the
Revised Code.
(16) "Guardian" means a person, association, or
corporation
that is granted authority by a probate court pursuant
to Chapter
2111. of the Revised Code to exercise parental rights
over a child
to the extent provided in the court's order and
subject to the
residual parental rights of the child's parents.
(17) "Habitual truant" means any child of compulsory
school
age
who is absent without legitimate excuse for absence from the
public school the
child
is supposed to attend for five or more
consecutive school days,
seven or more school days in one school
month, or twelve or more
school days in a school year.
(18) "Juvenile traffic offender" has the same
meaning as in
section 2152.02 of the Revised Code.
(19) "Legal custody" means a legal status that
vests in
the
custodian the right to have physical care and control of the
child
and to determine where and with whom the child shall live, and
the
right and duty to protect, train, and discipline the child and to
provide the child with food, shelter, education, and medical care,
all
subject to any residual parental rights, privileges, and
responsibilities. An individual granted legal custody shall
exercise the rights and responsibilities personally unless
otherwise authorized by any section of the Revised Code or by the
court.
(20) A "legitimate excuse for absence from the public
school
the
child is supposed to attend" includes, but is not limited to,
any of the
following:
(a) The fact that the child in question has enrolled in and
is
attending another public or nonpublic school in this or another
state;
(b) The fact that the child in question is excused from
attendance at school for any of the reasons specified in section
3321.04
of the Revised Code;
(c) The fact that the child in question has received an age
and
schooling certificate in accordance with section 3331.01 of
the
Revised Code.
(21) "Mental illness" and "mentally ill person
subject
to
hospitalization by court order" have the same meanings as in
section 5122.01 of the Revised Code.
(22) "Mental injury" means any behavioral,
cognitive,
emotional, or mental disorder in a child caused by an act or
omission that
is described in section 2919.22 of the Revised Code
and is
committed by the parent or other person
responsible for the
child's care.
(23) "Mentally retarded person" has the same
meaning as
in
section 5123.01 of the Revised Code.
(24) "Nonsecure care, supervision, or training"
means
care,
supervision, or training of a child in a facility that does
not
confine or prevent movement of the child within the facility
or
from the facility.
(25) "Of compulsory school age" has the same meaning as
in
section 3321.01 of the Revised Code.
(26) "Organization" means any institution,
public,
semipublic, or private, and any private association, society, or
agency located or operating in the state, incorporated or
unincorporated, having among its functions the furnishing of
protective services or care for children, or the placement of
children in certified foster homes or elsewhere.
(27) "Out-of-home care" means detention
facilities,
shelter
facilities, certified children's crisis care facilities, certified
foster homes,
placement in a prospective
adoptive home prior to
the issuance of
a final decree of adoption,
organizations,
certified
organizations, child day-care centers,
type A family
day-care
homes, child care provided by type B
family day-care home
providers and by in-home aides, group home
providers, group
homes,
institutions, state institutions,
residential facilities,
residential care facilities, residential
camps, day camps, public
schools, chartered nonpublic schools, educational service centers,
hospitals, and medical clinics that are
responsible for the care,
physical custody, or control of
children.
(28) "Out-of-home care child abuse" means any of
the
following when committed by a person responsible for the care of
a
child in out-of-home care:
(a) Engaging in sexual activity with a child in the person's
care;
(b) Denial to a child, as a means of punishment, of proper
or
necessary subsistence, education, medical care, or other care
necessary for a child's health;
(c) Use of restraint procedures on a child that cause
injury
or pain;
(d) Administration of prescription drugs or psychotropic
medication to the child without the written approval and ongoing
supervision of a licensed physician;
(e) Commission of any act, other than by accidental means,
that results in any injury to or death of the child in out-of-home
care or commission of any act by accidental means that results in
an injury to or death of a child in out-of-home care and that is
at variance with the history given of the injury or death.
(29) "Out-of-home care child neglect" means any
of the
following when committed by a person responsible for the care of
a
child in out-of-home care:
(a) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child;
(b) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child, that results in
sexual or
physical abuse of the child by any person;
(c) Failure to develop a process for all of the following:
(i) Administration of prescription drugs or psychotropic
drugs for the child;
(ii) Assuring that the instructions of the licensed
physician
who prescribed a drug for the child are followed;
(iii) Reporting to the licensed physician who prescribed
the
drug all unfavorable or dangerous side effects from the use
of the
drug.
(d) Failure to provide proper or necessary subsistence,
education, medical care, or other individualized care necessary
for the health or well-being of the child;
(e) Confinement of the child to a locked room without
monitoring by staff;
(f) Failure to provide ongoing security for all
prescription
and nonprescription medication;
(g) Isolation of a child for a period of time when there
is
substantial risk that the isolation, if continued, will impair
or
retard the mental health or physical well-being of the child.
(30) "Permanent custody" means a legal status
that vests
in
a
public children services agency or a private child placing
agency,
all parental rights, duties, and obligations, including
the right
to consent to adoption, and divests the natural parents
or
adoptive parents of all parental rights, privileges,
and
obligations, including all residual rights and obligations.
(31) "Permanent surrender" means the act of
the
parents
or,
if a child has only one parent, of the parent of a child, by
a
voluntary agreement authorized by section 5103.15
of the Revised
Code, to transfer the permanent custody of the child to a
public
children services agency or a private child placing
agency.
(32) "Person" means an individual, association, corporation,
or partnership and the state or any of its political subdivisions,
departments, or agencies.
(33) "Person responsible for a child's care in
out-of-home
care" means any of the following:
(a) Any foster caregiver, in-home aide, or provider;
(b) Any administrator, employee, or agent of any of the
following: a public or private detention facility; shelter
facility; certified children's crisis care facility; organization;
certified organization; child day-care
center; type A family
day-care home; certified type B family
day-care home; group home;
institution; state institution;
residential facility; residential
care facility; residential
camp;
day camp; school district;
community school; chartered nonpublic school; educational service
center; hospital; or medical clinic;
(c) Any person who supervises or coaches children as part of
an extracurricular activity sponsored by a school district, public
school, or chartered nonpublic school;
(d) Any other person who performs a similar function with
respect to, or has a similar relationship to, children.
(34) "Physically impaired" means having one or
more of
the
following conditions that substantially limit one or more of
an
individual's major life activities, including self-care,
receptive
and expressive language, learning, mobility, and self-direction:
(a) A substantial impairment of vision, speech, or hearing;
(b) A congenital orthopedic impairment;
(c) An orthopedic impairment caused by disease,
rheumatic
fever or any other similar chronic or acute health
problem, or
amputation or another similar cause.
(35) "Placement for adoption" means the
arrangement by a
public children services agency or a private child placing agency
with a person for the care and adoption by that person of a child
of whom the agency has permanent custody.
(36) "Placement in foster care" means the
arrangement by a
public children services agency or a private child placing
agency
for the out-of-home care of a child of whom the agency has
temporary custody or permanent custody.
(37) "Planned permanent living arrangement"
means an order
of
a
juvenile court pursuant to which both of the following apply:
(a) The court gives legal custody of a child to a public
children
services agency or a private child placing agency without
the termination of
parental rights.
(b) The order permits the agency to make an appropriate
placement
of
the child and to enter into a written
agreement with
a foster care provider or with another person or agency with
whom
the child is placed.
(38) "Practice of social work" and "practice of
professional
counseling" have the same meanings as in section 4757.01
of the
Revised Code.
(39) "Sanction, service, or condition"
means a sanction,
service, or condition created by
court
order following an
adjudication that a child is an unruly child that is described in
division (A)(4) of section
2152.19 of the Revised Code.
(40) "Protective supervision" means an order of
disposition
pursuant to which the court permits an abused,
neglected,
dependent, or unruly child to remain in the custody of the
child's
parents,
guardian, or custodian and stay in the child's
home,
subject to any
conditions and limitations upon the child,
the
child's parents,
guardian,
or custodian, or any other person
that
the court prescribes,
including supervision as directed by
the
court for the protection
of the child.
(41) "Psychiatrist" has the same meaning as in
section
5122.01 of the Revised Code.
(42) "Psychologist" has the same meaning as in
section
4732.01 of the Revised Code.
(43) "Residential camp" means a program in which
the
care,
physical
custody, or control of
children is accepted overnight for
recreational or recreational and
educational purposes.
(44) "Residential care facility" means an
institution,
residence, or facility that is licensed by the department of
mental health under section 5119.22 of the Revised Code and that
provides care for a child.
(45) "Residential facility" means a home or
facility that
is
licensed by the department of mental retardation and
developmental
disabilities under section 5123.19 of the Revised Code
and in
which a child with a developmental disability
resides.
(46) "Residual parental rights, privileges, and
responsibilities" means those rights, privileges, and
responsibilities remaining with the natural parent after the
transfer of legal custody of the child, including, but not
necessarily limited to, the privilege of reasonable visitation,
consent to adoption, the privilege to determine the child's
religious affiliation, and the responsibility for support.
(47) "School day" means the school day established by
the
state
board of education pursuant to section 3313.48 of the
Revised
Code.
(48) "School," "school month," and "school year" have the
same
meanings
as in
section 3313.62 of the Revised Code.
(49)(48) "Secure correctional facility" means a
facility
under
the direction of the department of youth services that is
designed
to
physically restrict the movement and activities of
children and
used for the
placement of children after adjudication
and
disposition.
(50)(49) "Sexual activity" has the same meaning as in
section
2907.01 of the Revised Code.
(51)(50) "Shelter" means the temporary care of
children in
physically unrestricted facilities pending court adjudication or
disposition.
(52)(51) "Shelter for victims of domestic violence"
has the
same
meaning as in section 3113.33 of the Revised Code.
(53)(52) "Temporary custody" means legal custody of a
child
who
is removed from the child's home, which custody may be
terminated
at
any time at the discretion of the court or, if the
legal
custody
is granted in an agreement for temporary custody, by
the
person
who executed the agreement.
(C) For the purposes of this chapter, a child shall be
presumed
abandoned when the parents of the child have failed to
visit or maintain
contact with the child for more than ninety
days, regardless of whether the
parents resume contact with the
child after that period of
ninety days.
Sec. 2315.50. (A) This section applies to an action
maintained as a class action in which the settlement agreement or
judgment includes a monetary award, including compensatory or
punitive and exemplary damages, restitution, or any other payment
of money due from each defendant to the members of the class.
(B) It is the policy of this state, insofar as it is not
inconsistent with federal law, that all unpaid moneys remaining
after the distribution to the members of the class of monetary
awards in class actions described in division (A) of this section
shall be used for the charitable public purpose of providing
financial assistance to legal aid societies that operate within
this state. Not later than the twentieth day of the month
immediately following the month during which the amount of unpaid
moneys, if any, remaining after that distribution of the monetary
award in the class action is identified, each defendant from whom
the unpaid moneys are due, in a manner and form prescribed in the
rules established by the Ohio legal assistance foundation under
section 120.52 of the Revised Code, shall do both of the
following:
(1) Remit the sum of the unpaid moneys to the treasurer of
state for deposit in the legal aid fund established under section
120.52 of the Revised Code;
(2) Notify the Ohio legal assistance foundation of all of the
following:
(a) The amount of the sum of unpaid moneys remitted under
division (B)(1) of this section;
(b) The case name and case number of the class action and the
court that approved the settlement agreement or rendered the
judgment in the class action.
Sec. 2317.422. (A) Notwithstanding sections 2317.40 and
2317.41 of the Revised Code but subject to division (B) of this
section, the
records, or copies or
photographs of the records, of
a hospital, homes required to be licensed
pursuant to section
3721.01 of the Revised Code, and of adult care facilities required
to be licensed pursuant to Chapter 3722. of the Revised Code, and
community alternative homes licensed pursuant to section 3724.03
of the Revised Code, in lieu of the testimony in open court of
their custodian, person who made them, or person under whose
supervision they were made, may be qualified as authentic
evidence
if any such person endorses thereon the person's
verified
certification identifying such records, giving the mode and time
of their preparation, and stating that they were prepared in the
usual course of the business of the institution. Such records,
copies, or photographs may not be qualified by certification as
provided in this section unless the party intending to offer them
delivers a copy of them, or of their relevant portions, to the
attorney of record for each adverse party not less than five days
before trial. Nothing in this section shall be construed to
limit
the right of any party to call the custodian, person who
made such
records, or person under whose supervision they were
made, as a
witness.
(B) Division (A) of this section does not apply to any
certified copy of the
results of any test given to determine the
presence or concentration of
alcohol, a drug of abuse, a
combination of them, a controlled substance, or a metabolite of a
controlled substance in a patient's whole blood, blood serum or
plasma,
breath, or urine at any time relevant to a criminal
offense that is submitted
in a criminal action or proceeding in
accordance with division (B)(2)(b) or
(B)(3)(b) of section 2317.02
of the Revised Code.
Sec. 2503.17. (A) Except as provided in division (B)
and
subject to
division (C) of this section, the The clerk of the
supreme
court
shall charge and
collect forty one hundred dollars,
as a filing fee, for
each case entered
upon the minute book,
including, but not limited
to, original
actions in the court,
appeals filed as of right, and
cases
certified by the courts of
appeals for review on the ground
of
conflict of decisions; and for
each motion to certify the
record
of a court of appeals or for
leave to file a notice of
appeal in
criminal cases docket. The
filing fees so charged and
collected shall
be in full for
docketing the cases or motions,
making dockets
from term to term,
indexing and entering
appearances, issuing
process, filing papers,
entering rules,
motions, orders,
continuances, decrees, and
judgments, making
lists of causes on
the regular docket for
publication each year,
making and
certifying orders, decrees, and
judgments of the court
to other
tribunals, and the issuing of
mandates. Except as
provided in
division (B) of this section, the
each case filed in the supreme court under the Rules of Practice
of the Supreme Court. The party invoking the
action of
the court
shall pay the filing fee to the clerk before
the case
or motion is
docketed, and it shall be taxed as costs and
recovered from the
other party if the party invoking the action
of
the court
succeeds, unless the court otherwise directs.
(B)(1) As used in this division, "prosecutor" has the same
meaning as in section 2935.01 of the Revised Code.
(2) The clerk of the supreme court shall not charge to and
collect from a prosecutor the forty-dollar filing fee prescribed
by division (A) of this section when all of the following
circumstances apply:
(a) In accordance with the Rules of Practice of the
Supreme
Court of Ohio, an indigent defendant in a criminal action
or
proceeding files in the appropriate court of appeals a notice
of
appeal within thirty days from the date of the entry of the
judgment or final order that is the subject of the appeal.
(b) The indigent defendant fails to file or offer for
filing
in the supreme court within thirty days from the date of
the
filing of the notice of appeal in the court of appeals, a
copy of
the notice of appeal supported by a memorandum in support
of
jurisdiction and other documentation and information as
required
by the Rules of Practice of the Supreme Court of Ohio.
(c) The prosecutor or a representative of the prosecutor
associated with the criminal action or proceeding files a motion
to docket and dismiss the appeal of the indigent defendant for
lack of prosecution as authorized by the Rules of Practice of the
Supreme Court of Ohio.
(d) The prosecutor states in the motion that the
forty-dollar
filing fee does not accompany the motion because of
the
applicability of this division, and the clerk of the supreme
court
determines that this division applies. No filing fee or security
deposit shall be charged to an indigent party upon determination
of indigency by the supreme court pursuant to the Rules of
Practice of the Supreme Court.
Sec. 2743.191. (A)(1) There is hereby created in the state
treasury the reparations fund, which shall be used only for the
following purposes:
(a) The
payment of awards of reparations that are granted by
the attorney
general;
(b) The
compensation of any
personnel needed by the attorney
general to
administer sections
2743.51 to 2743.72 of the Revised
Code;
(c) The compensation of
witnesses as provided in division (J)
of section 2743.65 of the
Revised Code;
(d) Other administrative costs of hearing and
determining
claims for an award of reparations by the attorney general;
(e) The costs of
administering sections 2907.28 and 2969.01
to 2969.06 of the
Revised Code;
(f) The costs of investigation and decision-making as
certified by the
attorney general;
(g) The provision of state financial assistance to
victim
assistance programs in accordance with sections 109.91 and
109.92
of the Revised Code;
(h) The costs of paying the expenses
of sex offense-related
examinations and antibiotics pursuant to
section 2907.28 of the
Revised Code;
(i) The cost of printing and distributing
the pamphlet
prepared by the attorney general pursuant to section
109.42 of the
Revised Code;
(j) Subject to division (D) of
section 2743.71 of the Revised
Code, the costs associated with
the printing and providing of
information cards or other printed
materials to law enforcement
agencies and prosecuting authorities
and with publicizing the
availability of awards of reparations
pursuant to section 2743.71
of the Revised Code;
(k) The payment of costs of administering a DNA specimen
collection procedure pursuant to sections 2152.74 and
2901.07 of
the Revised
Code, of performing DNA analysis of those
DNA
specimens, and of entering the resulting DNA records regarding
those analyses into the
DNA database pursuant to section 109.573
of the Revised Code;
(l) The payment of actual costs associated with initiatives
by the attorney general for the apprehension, prosecution, and
accountability of offenders, and the enhancing of services to
crime victims. The amount of payments made pursuant to division
(A)(1)(l) of this section during any given fiscal year shall not
exceed five per cent of the balance of the reparations fund at the
close of the immediately previous fiscal year;
(m) The costs of administering the adult parole authority's
supervision pursuant to division (E) of section 2971.05 of the
Revised Code of sexually violent predators who are sentenced to a
prison term pursuant to division (A)(3) of section 2971.03 of the
Revised Code and of offenders who are sentenced to a prison term
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or
(c), or (B)(3)(a), (b), (c), or (d) of that section;
(n) The costs of installation and monitoring of an electronic
monitoring device used in the monitoring of a respondent pursuant
to an electronic monitoring order issued by a court under division
(E)(1)(b) of section 2903.214 of the Revised Code if the court
determines that the respondent is indigent or in the monitoring of
an offender pursuant to an electronic monitoring order issued
under division (B)(5) of section 2919.27 of the Revised Code if
the court determines that the offender is indigent;
(o) To provide financial assistance to domestic violence
shelters pursuant to section 3113.37 of the Revised Code.
(2) All costs paid
pursuant to section 2743.70 of the Revised
Code, the
portions of license reinstatement fees mandated by
division
(F)(2)(b) of section 4511.191 of the Revised Code to be
credited
to the fund, the portions of the proceeds of the sale of
a
forfeited vehicle specified in division (C)(2) of section
4503.234 of the Revised Code, payments
collected by the department
of rehabilitation and correction from prisoners
who voluntarily
participate in an approved work and training program pursuant
to
division (C)(8)(b)(ii) of section 5145.16
of the Revised Code, and
all moneys
collected by the
state pursuant to its right of
subrogation provided in section
2743.72 of the Revised Code shall
be deposited in the fund.
(B) In making an award of reparations, the attorney
general
shall
render the award against the state. The award
shall be
accomplished only through the following procedure,
and the
following procedure
may be enforced by writ of mandamus directed
to the appropriate
official:
(1) The attorney general shall provide
for payment of the
claimant or providers in the amount
of the award only if the
amount of the award is fifty dollars or more.
(2) The expense shall be charged against all available
unencumbered moneys in the fund.
(3) If sufficient
unencumbered moneys do not exist in the
fund, the attorney
general shall make
application for payment of
the award out of the emergency
purposes account or any other
appropriation for emergencies or
contingencies, and payment out of
this account or other
appropriation shall be authorized if there
are sufficient moneys
greater than the sum total of then pending
emergency purposes
account requests or requests for releases from
the other
appropriations.
(4) If sufficient moneys do not exist in the account or
any
other appropriation for emergencies or contingencies to pay
the
award, the attorney general shall request the
general assembly to
make an appropriation sufficient to pay the award, and no payment
shall be made until the appropriation has been made. The
attorney
general shall make this appropriation request
during the current
biennium and during each succeeding biennium until a sufficient
appropriation is made. If, prior to the time that an
appropriation
is made by the general assembly pursuant to this
division, the
fund has sufficient unencumbered funds to pay the
award or part of
the award, the available funds shall be used to
pay the award or
part of the award, and the appropriation request
shall be amended
to request only sufficient funds to pay that
part
of the award
that is unpaid.
(C) The attorney general shall not make payment on a
decision
or order granting an award until all appeals
have been
determined
and all rights to appeal exhausted, except
as otherwise
provided
in this section. If any party to a claim
for an award of
reparations appeals from only a portion of an
award, and a
remaining portion provides for the payment of money
by the state,
that part of the award calling for the payment of money by the
state and not a subject of the appeal shall be processed for
payment as described in this section.
(D) The attorney general shall prepare itemized bills for
the
costs of
printing and
distributing the pamphlet the attorney
general prepares
pursuant to section 109.42 of the Revised Code.
The itemized bills shall set
forth the name
and address of the
persons owed the amounts set forth in them.
(E) As used in this section, "DNA analysis" and "DNA
specimen"
have the same meanings as in section 109.573 of the
Revised Code.
Sec. 2903.33. As used in sections 2903.33 to 2903.36 of
the
Revised Code:
(A) "Care facility" means any of the following:
(1) Any "home" as defined in section 3721.10 or 5111.20 of
the Revised Code;
(2) Any "residential facility" as defined in section
5123.19
of the Revised Code;
(3) Any institution or facility operated or provided by
the
department of mental health or by the department of mental
retardation and developmental disabilities pursuant to sections
5119.02 and 5123.03 of the Revised Code;
(4) Any "residential facility" as defined in section
5119.22
of the Revised Code;
(5) Any unit of any hospital, as defined in section
3701.01
of the Revised Code, that provides the same services as a
nursing
home, as defined in section 3721.01 of the Revised Code;
(6) Any institution, residence, or facility that provides,
for a period of more than twenty-four hours, whether for a
consideration or not, accommodations to one individual or two
unrelated individuals who are dependent upon the services of
others;
(7) Any "adult care facility" as defined in section
3722.01
of the Revised Code;
(8) Any adult foster home certified by the department of
aging or its designee under section 173.36 of the Revised Code;
(9) Any "community alternative home" as defined in section
3724.01 of the Revised Code.
(B) "Abuse" means knowingly causing physical harm or
recklessly causing serious physical harm to a person by physical
contact with the person or by the inappropriate use of a physical
or chemical restraint, medication, or isolation on the person.
(C)(1) "Gross neglect" means knowingly failing to provide
a
person with any treatment, care, goods, or service that is
necessary to maintain the health or safety of the person when the
failure results in physical harm or serious physical harm to the
person.
(2) "Neglect" means recklessly failing to provide a person
with any treatment, care, goods, or service that is necessary to
maintain the health or safety of the person when the failure
results in serious physical harm to the person.
(D) "Inappropriate use of a physical or chemical
restraint,
medication, or isolation" means the use of physical or
chemical
restraint, medication, or isolation as punishment, for
staff
convenience, excessively, as a substitute for treatment, or
in
quantities that preclude habilitation and treatment.
Sec. 2909.03. (A) No person, by means of fire or
explosion,
shall knowingly do any of the following:
(1) Cause, or create a substantial risk of, physical harm
to
any property of another without the other person's consent;
(2) Cause, or create a substantial risk of, physical harm
to
any property of the offender or another, with purpose to
defraud;
(3) Cause, or create a substantial risk of, physical harm
to
the statehouse or a courthouse, school building, or other
building
or structure that is owned or controlled by the state,
any
political subdivision, or any department, agency, or
instrumentality of the state or a political subdivision, and that
is used for public purposes;
(4) Cause, or create a substantial risk of, physical harm,
through the offer or the acceptance of an agreement for hire or
other consideration, to any property of another without the other
person's
consent or to any property of the offender or another
with
purpose to
defraud;
(5) Cause, or create a substantial risk of, physical harm
to
any park, preserve, wildlands, brush-covered land, cut-over
land,
forest, timberland, greenlands, woods, or similar real
property
that is owned or controlled by another person, the
state, or a
political subdivision without the consent of the
other person, the
state, or the political subdivision;
(6) With purpose to defraud, cause, or create a
substantial
risk of, physical harm to any park, preserve,
wildlands,
brush-covered land, cut-over land, forest, timberland,
greenlands,
woods, or similar real property that is owned or
controlled by the
offender, another person, the state, or a
political
subdivision.
(B)(1) Whoever violates this section is guilty of arson.
(2) A violation of division (A)(1) of this section is one
of
the following:
(a) Except as
otherwise provided in division (B)(2)(b) of
this
section, a
misdemeanor of the first degree;
(b) If the value of the property or the amount of the
physical harm involved is five seven hundred fifty dollars or
more, a
felony
of the fourth degree.
(3) A violation of division (A)(2), (3), (5), or (6) of
this
section is a felony
of the fourth degree.
(4) A violation of division (A)(4) of this section is a
felony of the third degree.
Sec. 2909.05. (A) No person shall knowingly cause serious
physical harm to an occupied structure or any of its contents.
(B)(1) No person shall knowingly cause physical
harm to
property that is owned or possessed by another, when
either of the
following applies:
(a) The property is used by its owner or possessor in the
owner's
or possessor's
profession, business, trade, or occupation,
and the value of the
property or the amount of physical harm
involved is five seven hundred fifty
dollars or more;
(b) Regardless of the value of the property or the amount
of
damage done, the property or its equivalent is necessary in
order
for its owner or possessor to engage in the owner's or
possessor's
profession,
business, trade, or occupation.
(2) No person shall knowingly cause serious physical harm
to
property that is owned, leased, or controlled by a
governmental
entity. A governmental entity includes, but is not
limited to, the
state or a political subdivision of the state, a
school district,
the board of trustees of a public library or
public university, or
any other body corporate and politic
responsible for governmental
activities only in geographical
areas smaller than that of the
state.
(C) No person, without privilege to do so, shall knowingly
cause serious physical harm to any tomb, monument, gravestone, or
other similar structure that is used as a memorial for the dead;
to any fence, railing, curb, or other property that is used to
protect, enclose, or ornament any cemetery; or
to a cemetery.
(D) No person, without privilege to do so, shall knowingly
cause physical harm to a place of burial by breaking and entering
into a tomb, crypt, casket, or other structure that is used as a
memorial for the dead or as an enclosure for the dead.
(E) Whoever violates this section is guilty of vandalism.
Except as otherwise
provided in this division, vandalism is a
felony of the fifth degree that is punishable by a fine of up to
two thousand five hundred dollars in addition to the penalties
specified for a felony of the fifth degree in
sections 2929.11 to
2929.18 of
the Revised Code. If the value of the property or the
amount of
physical harm involved is five thousand dollars or more
but less
than one hundred thousand dollars, vandalism is a felony
of the
fourth degree. If the value of the property or the amount
of
physical harm involved is one hundred thousand dollars or more,
vandalism is a felony of the third degree.
(F) For purposes of this section:
(1) "Cemetery" means any place of burial and includes burial
sites that
contain American
Indian burial objects placed with or
containing American
Indian human remains.
(2) "Serious physical harm" means
physical harm to property
that results in loss to the value of the property of
five seven
hundred
fifty
dollars or more.
Sec. 2909.11. (A) When a person is charged with a
violation
of division (A)(1) of section
2909.03 of the
Revised Code
involving property value or an amount of physical harm
of five
seven
hundred fifty dollars or more or with a violation of
section
2909.05
of the Revised Code involving property value or
an amount
of physical harm of
five seven hundred fifty
dollars
or more, the jury
or court trying the
accused shall determine the
value of the
property or amount of
physical harm and, if a guilty
verdict is
returned, shall return
the finding as part of the
verdict. In any
such case, it is
unnecessary to find or return
the exact value or
amount of
physical harm, section 2945.75 of
the Revised Code
applies, and it is
sufficient if either of the
following applies,
as appropriate, relative
to the finding and
return of the value or
amount of physical harm:
(1) If the finding and
return relate to a violation of
division (A)(1) of section
2909.03 of the Revised Code and are
that the value or amount of the
physical harm was five seven
hundred fifty
dollars or more, the finding and return
shall
include a
statement that the value or amount was five seven
hundred fifty
dollars
or
more.
(2) If the finding and return relate to a violation of
division
section 2909.05 of the Revised Code and are that the
value or amount of the
physical harm was in any of the following
categories, the finding and return
shall include one of the
following statements, as appropriate:
(a) If the finding and return are that the value or amount
was
one hundred thousand dollars or more, a statement that the
value
or amount was one hundred thousand dollars or more;
(b) If the finding and return are that the value or amount
was
five thousand dollars or more but less than one
hundred
thousand dollars a statement that the value or amount was five
thousand dollars or more but less than one hundred thousand
dollars;
(c) If the finding and return are that the value or amount
was five seven hundred fifty dollars or more but less than five
thousand
dollars, a statement that the value or
amount was five
seven
hundred fifty
dollars or more but less than five thousand
dollars.
(B) The following criteria shall be used in determining
the
value of property or amount of physical harm involved in a
violation of division (A)(1) of section
2909.03 or section 2909.05
of the
Revised Code:
(1) If the property is an heirloom, memento, collector's
item, antique, museum piece, manuscript, document, record, or
other thing that is either irreplaceable or is replaceable only
on
the expenditure of substantial time, effort, or money, the
value
of the property or the amount of physical harm involved is
the
amount that would compensate the owner for its loss.
(2) If the property is not covered under division (B)(1)
of
this section and the physical harm is such that the property
can
be restored substantially to its former condition, the amount
of
physical harm involved is the reasonable cost of restoring the
property.
(3) If the property is not covered under division (B)(1)
of
this section and the physical harm is such that the property
cannot be restored substantially to its former condition, the
value of the property, in the case of personal property, is the
cost of replacing the property with new property of like kind and
quality, and, in the case of real property or real property
fixtures, is the difference in the fair market value of the
property immediately before and immediately after the offense.
(C) As used in this section, "fair market value" has the
same
meaning as in section 2913.61 of the Revised Code.
(D) Prima-facie evidence of the value of property, as
provided in division (E) of section 2913.61 of the Revised Code,
may be used to establish the value of property pursuant to this
section.
Sec. 2913.02. (A) No person, with purpose to deprive the
owner of property or services, shall knowingly obtain or exert
control over either the property or services in any of the
following ways:
(1) Without the consent of the owner or person authorized
to
give consent;
(2) Beyond the scope of the express or implied consent of
the
owner or person authorized to give consent;
(B)(1) Whoever violates this section is guilty of theft.
(2) Except as otherwise
provided in this division or
division
(B)(3), (4), (5), (6), (7), or (8) of
this section, a violation of
this section is petty theft, a
misdemeanor of the first degree.
If
the value of the property or
services stolen is five seven hundred
fifty
dollars or more and is less than
five thousand dollars or
if the
property stolen is any of the
property listed in section
2913.71
of the Revised Code, a
violation of this section is theft,
a
felony of the fifth
degree. If the value of the property or
services stolen is five
thousand dollars or more and is less than
one hundred thousand
dollars, a violation of this
section is grand
theft, a felony of the fourth degree. If the value of the
property
or
services stolen is one hundred thousand dollars or
more and is
less than five hundred thousand dollars, a
violation
of this
section is aggravated theft, a felony of
the
third
degree.
If the
value of the property or services is five hundred
thousand
dollars
or more and is less than one million dollars, a
violation of this
section is aggravated theft, a felony of the
second degree. If the
value of the property or services
stolen is
one million dollars or
more, a violation of this section
is
aggravated theft of one
million dollars or more, a felony of
the
first degree.
(3) Except as otherwise provided in division (B)(4),
(5),
(6), (7), or (8)
of this section, if the victim of the offense is
an elderly
person or
disabled adult, a violation
of this section
is theft
from an elderly person or disabled adult, and
division
(B)(3) of
this section applies. Except as
otherwise provided in
this
division, theft from an elderly person or disabled
adult is a
felony of the fifth degree. If the value of the property or
services stolen is five seven hundred fifty dollars or more and
is less than
five thousand dollars, theft from an elderly person
or disabled
adult is a felony of the fourth degree. If the value
of the
property or services stolen is five thousand dollars or
more and
is less than twenty-five thousand dollars, theft from an
elderly
person or disabled adult is a felony of the third degree.
If the
value of the property or services stolen is twenty-five
thousand
dollars or more and is less than one hundred thousand
dollars,
theft from an elderly person or disabled adult is
a
felony of the
second degree. If the value of the property or
services stolen is
one hundred thousand dollars or more, theft
from an elderly person
or disabled adult is a felony of the first
degree.
(4) If the property stolen is a firearm or dangerous
ordnance,
a violation of
this section is grand theft. Except as
otherwise provided in this division, grand theft when the property
stolen is a firearm or dangerous ordnance is a felony of
the third
degree, and there is a presumption in favor of the court imposing
a prison term for the offense. If the firearm or dangerous
ordnance was stolen from a federally licensed firearms dealer,
grand theft when the property stolen is a firearm or dangerous
ordnance is a felony of the first degree. The offender shall serve
a prison term imposed for grand theft when the property stolen is
a firearm or dangerous ordnance consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender.
(5) If the property stolen is a motor vehicle,
a violation
of
this section
is grand theft of a motor vehicle, a felony of the
fourth degree.
(6) If the property stolen is any dangerous drug, a
violation
of
this section is theft of drugs, a felony of the
fourth degree,
or, if the offender previously has been convicted
of a felony
drug
abuse offense, a felony of the third degree.
(7) If the property stolen is a police dog or horse or an
assistance dog and the offender knows or should know that the
property stolen is a police dog or horse or an assistance dog, a
violation of this section is theft of a police dog or horse or an
assistance dog, a felony of the third degree.
(8) If the property stolen is anhydrous ammonia, a violation
of this section is theft of anhydrous ammonia, a felony of the
third degree.
(9) In addition to the penalties described in division
(B)(2)
of this section, if the offender committed the violation by
causing a motor vehicle to leave the premises of an establishment
at which gasoline is offered for retail sale without the offender
making full payment for gasoline that was dispensed into the fuel
tank of the motor vehicle or into another container, the court
may
do one of the following:
(a) Unless division (B)(9)(b) of this section applies,
suspend for not more than six months the offender's driver's
license,
probationary driver's license, commercial driver's
license,
temporary instruction permit, or nonresident operating
privilege;
(b) If the offender's driver's license, probationary
driver's
license, commercial driver's license, temporary
instruction
permit, or nonresident operating privilege has
previously been
suspended pursuant to division (B)(9)(a) of this
section, impose a
class seven suspension of the offender's license, permit, or
privilege from the range specified in division (A)(7) of section
4510.02 of the Revised Code, provided that the suspension shall be
for at least six months.
(10) In addition to the penalties described in division
(B)(2) of this section, if the offender committed the violation by
stealing rented property or rental services, the court may order
that the offender make restitution pursuant to section 2929.18 or
2929.28 of the Revised Code. Restitution may include, but is not
limited to, the cost of repairing or replacing the stolen
property, or the cost of repairing the stolen property
and any
loss of revenue resulting from deprivation of the property
due to
theft of rental services that is less than or equal to the
actual
value of the property at the time it was rented. Evidence of
intent to
commit
theft of rented property or rental services
shall be
determined
pursuant to the provisions of section
2913.72 of the
Revised
Code.
(C) The sentencing court that suspends an offender's license,
permit, or nonresident operating privilege under division (B)(9)
of this section may grant the offender limited driving privileges
during
the period of the suspension in accordance with Chapter
4510. of the Revised Code.
Sec. 2913.03. (A) No person shall knowingly use or
operate
an aircraft, motor vehicle, motorcycle, motorboat, or
other
motor-propelled vehicle without the consent of the owner or
person
authorized to give consent.
(B) No person shall knowingly use or operate an aircraft,
motor vehicle, motorboat, or other motor-propelled vehicle
without
the consent of the owner or person authorized to give
consent, and
either remove it from this state or keep possession
of it for more
than forty-eight hours.
(C) The following are affirmative defenses to a charge
under
this section:
(1) At the time of the alleged offense, the actor, though
mistaken, reasonably believed that the actor was authorized to use
or operate the property.
(2) At the time of the alleged offense, the actor
reasonably
believed that the owner or person empowered to give
consent would
authorize the actor to use or operate the property.
(D)(1) Whoever violates this section is guilty of
unauthorized use of a vehicle.
(2) Except as otherwise provided in division (D)(4) of
this
section, a violation of division (A)
of this section is a
misdemeanor of the first degree.
(3) Except as otherwise provided in division (D)(4)
of this
section, a violation of division
(B) of this section is a felony
of the fifth degree.
(4) If the victim of the offense is an elderly person or
disabled adult and if the victim incurs a
loss as a result of the
violation, a violation of division (A) or
(B) of this section is
whichever of the following is applicable:
(a) Except as otherwise provided in division
(D)(4)(b), (c),
or (d), or
(e) of this section, a felony of the fifth degree;
(b) If the loss to the victim is five seven hundred fifty
dollars
or more and
is less than five thousand dollars, a felony
of the
fourth degree;
(c) If the loss to the victim is five thousand dollars or
more
and is less than twenty-five thousand dollars, a felony of
the third degree;
(d) If the loss to the victim is twenty-five thousand dollars
or
more, a felony of the second degree.
Sec. 2913.04. (A) No person shall knowingly use or
operate
the property of another without the consent of the owner
or person
authorized to give consent.
(B) No person, in any manner and by any means, including, but
not limited to, computer hacking, shall knowingly gain access to,
attempt to
gain
access to, or cause access to be gained to any
computer,
computer system, computer network,
cable service, cable
system,
telecommunications
device, telecommunications service, or
information service without the
consent of, or beyond the scope of
the express or implied consent of, the
owner of the computer,
computer system, computer network,
cable service, cable system,
telecommunications device, telecommunications service, or
information
service or other person authorized to give consent.
(C) No person shall knowingly gain access to, attempt to gain
access to, cause access to be granted to, or disseminate
information gained from access to the law enforcement automated
database system created pursuant to section 5503.10 of the Revised
Code without the consent of, or beyond the scope of the express or
implied consent of, the chair of the law enforcement automated
data system steering committee.
(D) The affirmative defenses contained in division (C) of
section 2913.03 of the Revised Code are affirmative defenses to a
charge under this section.
(E)(1) Whoever violates division (A) of this
section is
guilty of unauthorized use of property.
(2) Except as otherwise
provided in division (E)(3) or (4)
of
this
section, unauthorized use of property is a misdemeanor of
the
fourth degree.
(3) Except as otherwise provided in division
(E)(4) of this
section, if unauthorized use of property is
committed for the
purpose of devising or
executing a scheme to defraud or to obtain
property or services, unauthorized
use of property is whichever of
the following is applicable:
(a) Except as otherwise provided in division
(E)(3)(b),
(c),
or (d) of this section, a
misdemeanor of the first degree.
(b) If the value of the property or services or the loss
to
the victim is
five seven hundred fifty dollars or more and is
less than
five
thousand dollars, a felony
of the fifth degree.
(c) If the value of the property or services or the loss
to
the victim is
five thousand dollars or more and is less than one
hundred thousand dollars, a
felony of the fourth degree.
(d) If the value of the property or services or the loss
to
the victim is one hundred thousand dollars or more, a felony
of
the third degree.
(4) If the victim of the offense is an elderly person or
disabled adult, unauthorized use of property
is whichever of the
following is applicable:
(a) Except as otherwise provided in division
(E)(4)(b), (c),
or
(d) of this section, a felony
of the fifth degree;
(b) If the value of the property or services or loss to the
victim is five seven hundred fifty dollars or more and is less
than five
thousand dollars,
a felony of the fourth degree;
(c) If the value of the property or services or loss to the
victim is five thousand dollars or more and is less than
twenty-five thousand
dollars,
a felony of the third degree;
(d) If the value of the property or services or loss to the
victim is twenty-five thousand dollars or more,
a felony of the
second degree.
(F)(1) Whoever violates division (B) of this section is
guilty
of unauthorized use of computer, cable, or
telecommunication
property, and shall be punished as provided in
division (F)(2), (3), or (4) of this section.
(2) Except as otherwise provided in division (F)(3) or (4) of
this section, unauthorized use of computer, cable, or
telecommunication property is a
felony of the fifth degree.
(3) Except as otherwise provided in division (F)(4) of this
section, if unauthorized use of computer, cable, or
telecommunication property is committed for the purpose of
devising or executing a scheme to defraud or to obtain property or
services, for obtaining money, property, or services by false or
fraudulent pretenses, or for committing any other criminal
offense, unauthorized use of computer, cable, or telecommunication
property is whichever of the following is applicable:
(a) Except as otherwise provided in division (F)(3)(b) of
this section, if the value of the property or services involved or
the loss to the victim is five thousand dollars or more and less
than one hundred thousand dollars, a felony of the fourth degree;
(b) If the value of the property or services involved or the
loss to the victim is one hundred thousand dollars or more, a
felony of the third degree.
(4)
If the victim of the offense is an elderly person or
disabled adult, unauthorized use of computer, cable, or
telecommunication property is whichever of the following is
applicable:
(a) Except as otherwise provided in division (F)(4)(b), (c),
or (d) of this section, a felony of the fifth degree;
(b) If the value of the property or services or loss to the
victim is five seven hundred fifty dollars or more and is less
than five
thousand dollars, a felony of the fourth degree;
(c) If the value of the property or services or loss to the
victim is five thousand dollars or more and is less than
twenty-five thousand dollars, a felony of the third degree;
(d) If the value of the property or services or loss to the
victim is twenty-five thousand dollars or more, a felony of the
second degree.
(G) Whoever violates division (C) of this section is guilty
of unauthorized use of the law enforcement automated database
system, a felony of the fifth degree.
(H) As used in this section:
(1) "Cable operator" means any person or group of persons
that does either of the following:
(a) Provides cable service over a cable system and directly
or through one or more affiliates owns a significant interest in
that cable system;
(b) Otherwise controls or is responsible for, through any
arrangement, the management and operation of a cable system.
(2) "Cable service" means any of the following:
(a) The one-way transmission to subscribers of video
programming or of information that a cable operator makes
available to all subscribers generally;
(b) Subscriber interaction, if any, that is required for
the
selection or use of video programming or of information that a
cable operator makes available to all subscribers generally, both
as described in division (H)(2)(a) of this section;
(c) Any cable television service.
(3) "Cable system" means any facility, consisting of a set
of
closed transmission paths and associated signal generation,
reception, and control equipment that is designed to provide cable
service that includes video programming and that is provided to
multiple subscribers within a community. "Cable system" does not
include any of the following:
(a) Any facility that serves only to retransmit the
television signals of one or more television broadcast stations;
(b) Any facility that serves subscribers without using any
public right-of-way;
(c) Any facility of a common carrier that, under 47
U.S.C.A.
522(7)(c), is excluded from the term "cable system" as
defined in
47 U.S.C.A. 522(7);
(d) Any open video system that complies with 47 U.S.C.A.
573;
(e) Any facility of any electric utility used solely for
operating its electric utility system.
Sec. 2913.11. (A) As used in this section:
(1) "Check" includes any form of debit from a demand deposit
account, including, but not limited to any of the following:
(a) A check, bill of exchange, draft, order of withdrawal, or
similar negotiable or non-negotiable instrument;
(b) An electronic check, electronic transaction, debit card
transaction, check card transaction, substitute check, web check,
or any form of automated clearing house transaction.
(2) "Issue a check" means causing any form of debit from a
demand deposit account.
(B) No person, with purpose to defraud,
shall issue or
transfer or cause to be issued or transferred a
check or other
negotiable instrument, knowing that it will be
dishonored or
knowing that a person has ordered or will order stop payment on
the check or other negotiable instrument.
(C) For purposes of this section, a person who issues or
transfers a check or other negotiable instrument is presumed to
know that it will be dishonored if either of the following
occurs:
(1) The drawer had no account with the drawee at the time
of
issue or the stated date, whichever is later;
(2) The check or other negotiable instrument was properly
refused payment for insufficient funds upon presentment within
thirty days after issue or the stated date, whichever is later,
and the liability of the drawer, indorser, or any party who may
be
liable thereon is not discharged by payment or satisfaction
within
ten days after receiving notice of dishonor.
(D) For purposes of this section, a person who issues or
transfers a check, bill of exchange, or other draft is presumed
to
have the purpose to defraud if the drawer fails to comply with
section 1349.16 of the Revised Code by doing any of the following
when opening a checking account intended for personal, family, or
household purposes at a financial institution:
(1) Falsely stating that the drawer has not been issued a
valid
driver's or commercial driver's license or identification
card
issued under section 4507.50 of the Revised Code;
(2) Furnishing such license or card, or another
identification document that contains false information;
(3) Making a false statement with respect to the drawer's
current
address or any additional relevant information reasonably
required by the financial institution.
(E) In determining the value of the payment for purposes of
division (F) of this section, the court may aggregate all checks
and other negotiable instruments that the offender issued or
transferred or caused to be issued or transferred in violation of
division (A) of this section within a period of one hundred eighty
consecutive days.
(F) Whoever violates this section is guilty of passing bad
checks. Except as otherwise provided
in this division, passing bad
checks is
a misdemeanor of the first degree. If the check or
checks or other
negotiable instrument or instruments are issued or
transferred to a single vendor or single other person for the
payment of five seven hundred fifty dollars or
more but less than
five
thousand dollars or if the check or checks or other
negotiable
instrument or instruments are issued or transferred to
multiple
vendors or persons for the payment of one thousand
dollars or more
but less than five thousand dollars,
passing bad
checks is a
felony of the fifth degree.
If the check or checks or
other
negotiable instrument or instruments are for the payment of
five
thousand dollars or more but less than one hundred
thousand
dollars, passing bad checks is a felony of the fourth degree. If
the
check or checks or other negotiable instrument or instruments
are for the payment of one hundred
thousand dollars or more,
passing bad checks is a felony of the third degree.
Sec. 2913.21. (A) No person shall do any of the
following:
(1) Practice deception for the purpose of procuring the
issuance of a credit card, when a credit card is issued in actual
reliance thereon;
(2) Knowingly buy or sell a credit card from or to a
person
other than the issuer.
(B) No person, with purpose to defraud, shall do any of
the
following:
(1) Obtain control over a credit card as security for a
debt;
(2) Obtain property or services by the use of a credit
card,
in one or more transactions, knowing or having reasonable
cause to
believe that the card has expired or been revoked, or
was
obtained, is retained, or is being used in violation of law;
(3) Furnish property or services upon presentation of a
credit card, knowing that the card is being used in violation of
law;
(4) Represent or cause to be represented to the issuer of
a
credit card that property or services have been furnished,
knowing
that the representation is false.
(C) No person, with purpose to violate this section, shall
receive, possess, control, or dispose of a credit card.
(D)(1) Whoever violates this section is guilty of misuse
of
credit cards.
(2) Except as otherwise provided in division (D)(4) of
this
section, a violation of division (A), (B)(1), or (C) of this
section is a misdemeanor of the first degree.
(3) Except as otherwise provided in this division or division
(D)(4) of this section, a violation of division
(B)(2), (3), or
(4) of this section is a misdemeanor of the first degree. If
the
cumulative retail value of the property and services involved in
one or
more
violations of division (B)(2), (3), or (4) of this
section, which
violations involve one or more credit card accounts
and occur
within a period of ninety consecutive days commencing on
the date
of the first violation, is five seven hundred fifty
dollars or
more and is
less than five thousand dollars, misuse of
credit
cards in violation of any of those divisions is a felony of
the
fifth degree. If the cumulative retail
value of the property
and
services involved in one or more
violations of division
(B)(2),
(3), or (4) of this section, which
violations involve one
or more
credit card accounts and occur
within a period of ninety
consecutive days commencing on the date
of the first violation, is
five thousand dollars or more and is
less than one hundred
thousand dollars,
misuse of credit cards in violation of any of
those divisions is a
felony of the fourth degree. If the
cumulative retail value of the property and services involved in
one or more violations of division (B)(2), (3), or (4) of this
section, which violations involve one or more credit card
accounts
and occur within a period of ninety consecutive days
commencing on
the date of the first violation, is one hundred
thousand dollars
or more, misuse of credit cards in violation
of any of those
divisions is a felony
of the third degree.
(4) If the victim of the offense is an elderly person or
disabled adult, and if the offense involves
a violation of
division (B)(1) or (2) of this section, division
(D)(4) of this
section applies. Except as otherwise provided in
division (D)(4)
of this section, a violation of division
(B)(1) or (2) of this
section is a felony of the fifth degree. If
the debt for which the
card is held as security or the cumulative retail value
of the
property or services involved in the violation is five seven
hundred fifty dollars
or more and is less than five thousand
dollars,
a
violation of either of those
divisions is a felony of
the
fourth
degree. If the debt for which the card is
held as
security
or the
cumulative retail value of the property or
services
involved in
the violation is five thousand dollars or
more and is
less than
twenty-five thousand dollars, a violation
of either of
those
divisions is a
felony of the third degree. If
the debt for
which
the card is held as
security or the
cumulative retail value
of the
property or services involved
in
the violation is
twenty-five
thousand dollars or more,
a
violation of either of
those divisions
is a felony
of the second
degree.
Sec. 2913.31. (A) No person, with purpose to defraud, or
knowing that the person is facilitating a fraud, shall do any of
the
following:
(1) Forge any writing of another without the other person's
authority;
(2) Forge any writing so that it purports to be genuine
when
it actually is spurious, or to be the act of another who did
not
authorize that act, or to have been executed at a time or
place or
with terms different from what in fact was the case, or
to be a
copy of an original when no such original existed;
(3) Utter, or possess with purpose to utter, any writing
that
the person knows to have been forged.
(B) No person shall knowingly do either of the following:
(1) Forge an identification card;
(2) Sell or otherwise distribute a card that purports to
be
an identification card, knowing it to have been forged.
As used in this division, "identification card" means a
card
that includes personal information or characteristics of an
individual, a purpose of which is to establish the identity of
the
bearer described on the card, whether the words "identity,"
"identification," "identification card," or other similar words
appear on the card.
(C)(1)(a) Whoever violates division (A) of this section is
guilty of forgery.
(b) Except as otherwise provided in this
division or division
(C)(1)(c) of this
section, forgery is a felony of the fifth
degree.
If property or services are involved in the offense or
the victim suffers a
loss, forgery is one of the following:
(i) If the value of the property or services or the loss to
the victim is
five
thousand dollars or more and is less than one
hundred thousand dollars,
a felony of the fourth degree;
(ii) If the value of the property or
services or
the loss to
the victim is one hundred thousand dollars or more,
a felony of
the third degree.
(c) If the victim of the offense is an elderly person or
disabled adult, division (C)(1)(c) of this section
applies to the
forgery. Except as
otherwise provided in division (C)(1)(c) of
this
section, forgery is a felony of the fifth
degree. If property
or services are involved in the offense or if the
victim suffers a
loss, forgery is one of the following:
(i) If the value of the property or services or the
loss to
the victim is five seven hundred fifty dollars or more and is less
than five thousand dollars, a felony of the fourth
degree;
(ii) If
the value of the property or
services or the loss to
the victim is five thousand dollars or
more and is less than
twenty-five thousand dollars, a
felony of the third degree;
(iii) If the value of
the property or services or the loss to
the victim is twenty-five
thousand dollars or more, a felony of
the second degree.
(2) Whoever violates division (B) of this section is
guilty
of forging identification cards or selling or distributing
forged
identification cards. Except as otherwise provided
in this
division, forging identification cards or selling or distributing
forged identification cards is a misdemeanor of the first degree.
If the offender previously has been convicted of a violation of
division (B) of this section, forging identification
cards or
selling or
distributing forged identification cards is a
misdemeanor of the
first degree and, in addition, the court shall
impose upon the
offender a fine of not less than two hundred fifty
dollars.
Sec. 2913.32. (A) No person, with purpose to defraud, or
knowing that
the person is facilitating a fraud, shall do any of
the following:
(1) Make or alter any object so that it appears to have value
because of
antiquity, rarity, curiosity, source, or authorship,
which it does not in
fact possess;
(2) Practice deception in making, retouching, editing, or
reproducing any
photograph, movie film, video tape, phonograph
record, or recording tape;
(3) Falsely or fraudulently make, simulate, forge, alter, or
counterfeit any
wrapper, label, stamp, cork, or cap prescribed by
the liquor control
commission under Chapters 4301. and 4303. of
the Revised Code,
falsely or fraudulently cause to be made,
simulated, forged,
altered, or
counterfeited any wrapper, label,
stamp, cork, or cap prescribed
by the liquor
control commission
under Chapters 4301. and 4303. of the
Revised Code, or use more
than once any
wrapper, label,
stamp, cork, or cap prescribed by
the liquor control commission
under Chapters 4301. and 4303. of
the Revised Code.
(4) Utter, or possess with purpose to utter, any object
that
the person knows to have been simulated as provided in division
(A)(1),
(2), or (3) of this section.
(B) Whoever violates this section is guilty of criminal
simulation. Except as otherwise provided in this division,
criminal simulation is a misdemeanor of the first degree. If the
loss to the
victim is five seven hundred fifty dollars or more
and is
less than five thousand dollars,
criminal simulation is a
felony
of the fifth degree. If the loss to the
victim
is five
thousand
dollars or more and is less than one hundred thousand
dollars,
criminal simulation is
a felony of the fourth degree. If
the loss
to the victim is one hundred
thousand
dollars or more,
criminal
simulation is a felony of the third degree.
Sec. 2913.34. (A) No person shall knowingly do any
of the
following:
(1) Attach, affix, or otherwise use a counterfeit mark in
connection
with the manufacture of goods or services, whether or
not the goods or
services
are intended for sale or resale;
(2) Possess, sell, or offer for sale tools, machines,
instruments,
materials, articles, or other items of personal
property with the knowledge
that they are designed for the
production or reproduction of counterfeit
marks;
(3) Purchase or otherwise acquire goods, and keep or
otherwise have the
goods in the person's possession, with the
knowledge that a counterfeit mark
is attached to, affixed to, or
otherwise used in connection with the goods and
with the intent to
sell or otherwise dispose of the goods;
(4) Sell, offer for sale, or otherwise dispose of goods with
the
knowledge that a counterfeit mark is attached to, affixed to,
or otherwise
used in connection with the goods;
(5) Sell, offer for sale, or otherwise provide services with
the
knowledge that a counterfeit mark is used in connection with
that sale,
offer for sale, or other provision of the services.
(B)(1) Whoever violates this section is guilty of trademark
counterfeiting.
(2) Except as otherwise provided in this division, a
violation of
division (A)(1) of this section is a felony of
the
fifth degree. Except as otherwise provided in this division, if
the
cumulative sales price of the goods or services to which or in
connection with
which the counterfeit mark is attached, affixed,
or otherwise used in the
offense is five thousand dollars or more
but less than one hundred thousand
dollars or if the number of
units of goods to which or in
connection with which the
counterfeit mark is attached, affixed, or otherwise
used in the
offense is more than one hundred units but less than one thousand
units, a violation of division (A)(1) of this
section is a felony
of the fourth degree. If the cumulative sales price of
the goods
or services to which or in connection with which the counterfeit
mark is attached, affixed, or otherwise used in the offense is one
hundred
thousand dollars or more or if the number of units of
goods to which or in
connection with which the counterfeit mark is
attached, affixed, or otherwise
used in the offense is one
thousand units or more, a violation of division
(A)(1) of this
section is a felony of the third degree.
(3) Except as otherwise provided in this division, a
violation of
division (A)(2) of this section is a
misdemeanor of
the first degree. If the circumstances of the violation
indicate
that the tools, machines, instruments, materials, articles, or
other
items of personal property involved in the violation were
intended for use in
the commission of a felony, a violation of
division (A)(2) of this
section is a felony of the fifth degree.
(4) Except as otherwise provided in this division, a
violation of division
(A)(3), (4), or (5) of this section is a
misdemeanor of the first
degree. Except as otherwise provided in
this division, if the cumulative sales price of the goods or
services to which
or in connection with which the counterfeit mark
is attached, affixed, or
otherwise used in the offense is five
seven
hundred fifty dollars or more but less than
five thousand
dollars, a
violation of division
(A)(3), (4), or (5) of this
section is a
felony of the fifth degree. Except
as otherwise
provided in this
division, if the cumulative sales price of the
goods or services
to which or in connection with which the
counterfeit mark is
attached, affixed, or otherwise used in the
offense is five
thousand dollars
or more but less than one
hundred thousand
dollars or if the number of units
of goods to
which or in
connection with which the counterfeit mark is
attached, affixed,
or otherwise used in the offense is more than
one hundred
units
but less than one thousand units,
a violation
of division (A)(3),
(4), or (5) of this
section is a felony of
the fourth
degree. If
the cumulative sales price of the goods or
services to which or in
connection with which the counterfeit mark
is attached, affixed,
or otherwise
used in the offense is one
hundred
thousand dollars
or more or if the number of units of
goods to which or in
connection with which the counterfeit mark is
attached, affixed,
or otherwise
used in the offense is one
thousand units or more, a
violation of division
(A)(3), (4), or
(5) of this section is a
felony of the third degree.
(C) A defendant may assert as an
affirmative defense to a
charge of a violation of this section defenses,
affirmative
defenses, and limitations on remedies that would be available in a
civil, criminal, or administrative action or proceeding under the
"Lanham
Act," 60 Stat. 427-443 (1946), 15 U.S.C.
1051-1127, as
amended, "The Trademark Counterfeiting
Act of 1984," 98 Stat.
2178, 18 U.S.C. 2320, as amended, Chapter 1329. or
another section
of the
Revised Code, or common law.
(D)(1) Law enforcement officers may seize pursuant to
Criminal Rule 41 or Chapter 2933. or 2981. of the Revised Code
either of the following:
(a) Goods to which or in connection with which a person
attached,
affixed, otherwise used, or intended to attach, affix,
or otherwise use a
counterfeit mark in violation of this section;
(b) Tools, machines, instruments, materials, articles,
vehicles,
or other items of personal property that are possessed,
sold, offered for
sale, or used in a violation of this section or
in an attempt to commit or
complicity in the commission of a
violation of this section.
(2) Notwithstanding any contrary provision of Chapter 2981.
of the Revised Code, if a person is convicted of or pleads
guilty
to a violation of this section, an attempt to violate this
section, or
complicity in a violation of this section, the court
involved shall declare
that the goods described in division
(D)(1)(a) of this section and the
personal property described in
division (D)(1)(b) of this section
are contraband and are
forfeited. Prior to the court's entry of judgment
under Criminal
Rule
32, the owner of a registered trademark or service mark that
is the subject of
the counterfeit mark may recommend a manner in
which
the forfeited goods and forfeited personal property should
be disposed of. If
that owner makes a timely recommendation of a
manner of disposition, the court
is not bound by the
recommendation. If
that owner makes a timely recommendation of a
manner of disposition, the court
may include in its entry of
judgment an order that requires appropriate
persons to dispose of
the forfeited goods and forfeited personal property in
the
recommended manner. If that owner fails to make a timely
recommendation
of a manner of disposition or if that owner makes a
timely recommendation of
the manner of disposition but the court
determines to not follow the
recommendation, the court shall
include in its entry of judgment an order that
requires the law
enforcement agency that employs the law enforcement officer
who
seized the forfeited goods or the forfeited personal property to
destroy
them or cause their destruction.
(E) This section does not affect the
rights of an owner of a
trademark or a service mark, or the enforcement in a
civil action
or in administrative proceedings of the rights of an owner of a
trademark or a service mark, under the "Lanham
Act," 60 Stat.
427-443 (1946), 15 U.S.C. 1051-1127, as amended, "The Trademark
Counterfeiting Act of 1984," 92 Stat. 2178, 18 U.S.C. 2320, as
amended,
Chapter 1329. or another section of the Revised Code, or
common law.
(F) As used in this section:
(1)(a) Except as provided in division (F)(1)(b) of this
section, "counterfeit
mark" means a spurious trademark or a
spurious service mark that satisfies
both of the following:
(i) It is identical with or substantially indistinguishable
from
a mark that is registered on the principal register in the
United
States patent and trademark office for the same goods or
services as the goods or services to which or in connection with
which the
spurious trademark or spurious service mark is attached,
affixed, or otherwise
used or from a mark
that is registered with
the secretary of state pursuant to
sections 1329.54 to 1329.67 of
the Revised
Code for the same goods or services as the goods or
services
to which or in connection with which the spurious
trademark or spurious
service mark is attached, affixed, or
otherwise used, and the owner of the
registration uses
the
registered mark, whether or not the offender knows that the mark
is
registered in a manner described in division (F)(1)(a)(i) of
this section.
(ii) Its use is likely to cause confusion or mistake or to
deceive other persons.
(b) "Counterfeit mark" does not include a mark or other
designation that is attached to, affixed to, or otherwise used in
connection
with goods or services if the holder of the right to
use the mark or
other designation authorizes the manufacturer,
producer, or vendor of those
goods or services to attach, affix,
or otherwise use the mark or other
designation in connection with
those goods or services at the time of their
manufacture,
production, or sale.
(2) "Cumulative sales price" means the product of the lowest
single unit
sales price charged or sought to be charged by an
offender for goods to which
or in connection with which a
counterfeit mark is attached, affixed, or
otherwise used or of the
lowest single service transaction price charged or
sought to be
charged by an offender for services in connection with which a
counterfeit mark is used, multiplied by the total number of those
goods
or services, whether or not units of goods are sold or are
in an offender's
possession, custody, or control.
(3) "Registered trademark or service mark" means a trademark
or service
mark that is registered in a manner described in
division (F)(1) of this
section.
(4) "Trademark" and "service mark" have the same meanings as
in section
1329.54 of the Revised Code.
Sec. 2913.40. (A) As used in this section:
(1)
"Statement or representation" means any oral, written,
electronic, electronic impulse, or magnetic communication that is
used to identify an item of goods or a service for which
reimbursement may be made under the medical assistance program or
that states income and expense and is or may be used to determine
a rate of reimbursement under the medical assistance program.
(2)
"Medical assistance program" means the program
established by the department of job and family services
to
provide
medical assistance under section 5111.01 of the Revised
Code and
the medicaid program of Title XIX of the
"Social Security
Act,"
49 Stat. 620 (1935), 42 U.S.C. 301, as amended.
(3)
"Provider" means any person who has signed a provider
agreement with the department of job and family services
to
provide goods
or services pursuant to the medical assistance
program or any
person who has signed an agreement with a party to
such a
provider agreement under which the person agrees to provide
goods
or services that are reimbursable under the medical
assistance
program.
(4)
"Provider agreement" means an oral or written
agreement
between the department of job and family
services and a person
in
which the person agrees to provide goods or services under the
medical assistance program.
(5)
"Recipient" means any individual who receives goods or
services from a provider under the medical assistance program.
(6)
"Records" means any medical, professional, financial,
or
business records relating to the treatment or care of any
recipient, to goods or services provided to any recipient, or to
rates paid for goods or services provided to any recipient and
any
records that are required by the rules of the
director of job and
family services to be kept for
the medical
assistance program.
(B) No person shall knowingly make or cause to be made a
false or misleading statement or representation for use in
obtaining reimbursement from the medical assistance program.
(C) No person, with purpose to commit fraud or knowing
that
the person is facilitating a fraud, shall do either of the
following:
(1) Contrary to the terms of the person's provider
agreement,
charge, solicit, accept, or receive for goods or
services that the
person
provides under the medical assistance
program any property,
money, or other consideration in addition to
the amount of
reimbursement under the medical assistance program
and the
person's
provider agreement for the goods or services and
any
cost-sharing expenses authorized by
section
5111.0112 of
the
Revised Code
or rules
adopted
pursuant to
section 5111.01,
5111.011, or 5111.02 of the Revised Code.
(2) Solicit, offer, or receive any remuneration, other
than
any cost-sharing expenses authorized by
section 5111.0112 of the
Revised Code or
rules adopted under
section
5111.01, 5111.011, or
5111.02 of
the Revised Code,
in cash
or in kind, including,
but
not
limited to, a
kickback or
rebate,
in connection with the
furnishing of goods or
services for
which
whole or partial
reimbursement is or may be
made under the
medical
assistance
program.
(D) No person, having submitted a claim for or provided
goods
or services under the medical assistance program, shall do
either
of the following for a period of at least six years after
a
reimbursement pursuant to that claim, or a reimbursement for
those
goods or services, is received under the medical assistance
program:
(1) Knowingly alter, falsify, destroy, conceal, or remove
any
records that are necessary to fully disclose the nature of
all
goods or services for which the claim was submitted, or for
which
reimbursement was received, by the person;
(2) Knowingly alter, falsify, destroy, conceal, or remove
any
records that are necessary to disclose fully all income and
expenditures upon which rates of reimbursements were based for
the
person.
(E) Whoever violates this section is guilty of medicaid
fraud. Except as otherwise provided in this division,
medicaid
fraud is a
misdemeanor of the first degree. If the value of
property, services, or funds
obtained in violation of this section
is five seven hundred fifty dollars or more and is
less than five
thousand
dollars, medicaid fraud is a felony of the fifth
degree.
If the
value of property, services, or funds obtained in violation
of
this section is five thousand dollars or more and is less than
one
hundred
thousand dollars, medicaid fraud is
a felony of the
fourth
degree. If the value of the
property, services, or funds
obtained
in violation of this
section is one hundred thousand
dollars or
more, medicaid fraud is
a
felony of the third degree.
(F) Upon application of the governmental agency, office,
or
other entity that conducted the investigation and prosecution
in a
case under this section, the court shall order any person
who is
convicted of a violation of this section for receiving any
reimbursement for furnishing goods or services under the medical
assistance program to which the person is not entitled to
pay to
the
applicant its cost of investigating and prosecuting the case.
The costs of investigation and prosecution that a defendant is
ordered to pay pursuant to this division shall be in addition to
any other penalties for the receipt of that reimbursement that
are
provided in this section, section 5111.03 of the Revised
Code, or
any other provision of law.
(G) The provisions of this section are not intended to be
exclusive remedies and do not preclude the use of any other
criminal or civil remedy for any act that is in violation of this
section.
Sec. 2913.401. (A) As used in this section:
(1) "Medicaid benefits" means benefits under the medical
assistance program established under Chapter 5111. of the Revised
Code.
(2) "Property" means any real or personal property or other
asset in which a person has any legal title or interest.
(B) No person shall knowingly do any of the following in an
application for medicaid benefits or in a document that requires a
disclosure of assets for the purpose of determining eligibility to
receive medicaid benefits:
(1) Make or cause to be made a false or misleading statement;
(2) Conceal an interest in property;
(3)(a) Except as provided in division (B)(3)(b) of this
section, fail to disclose a transfer of property that occurred
during the period beginning thirty-six months before submission of
the application or document and ending on the date the application
or document was submitted;
(b) Fail to disclose a transfer of property that occurred
during the period beginning sixty months before submission of the
application or document and ending on the date the application or
document was submitted and that was made to an irrevocable trust a
portion of which is not distributable to the applicant for
medicaid benefits or the recipient of medicaid benefits or to a
revocable trust.
(C)(1) Whoever violates this section is guilty of medicaid
eligibility fraud. Except as otherwise provided in this division,
a violation of this section is a misdemeanor of the first degree.
If the value of the medicaid benefits paid as a result of the
violation is five seven hundred fifty dollars or more and is less
than
five thousand dollars, a violation of this section is a
felony of
the fifth degree. If the value of the medicaid benefits
paid as a
result of the violation is five thousand dollars or
more and is
less than one hundred thousand dollars, a violation
of this
section is a felony of the fourth degree. If the value of
the
medicaid benefits paid as a result of the violation is one
hundred
thousand dollars or more, a violation of this section is
a felony
of the third degree.
(2) In addition to imposing a sentence under division (C)(1)
of this section, the court shall order that a person who is guilty
of medicaid eligibility fraud make restitution in the full amount
of any medicaid benefits paid on behalf of an applicant for or
recipient of medicaid benefits for which the applicant or
recipient was not eligible, plus interest at the rate applicable
to judgments on unreimbursed amounts from the date on which the
benefits were paid to the date on which restitution is made.
(3) The remedies and penalties provided in this section are
not exclusive and do not preclude the use of any other criminal or
civil remedy for any act that is in violation of this section.
(D) This section does not apply to a person who fully
disclosed in an application for medicaid benefits or in a document
that requires a disclosure of assets for the purpose of
determining eligibility to receive medicaid benefits all of the
interests in property of the applicant for or recipient of
medicaid benefits, all transfers of property by the applicant for
or recipient of medicaid benefits, and the circumstances of all
those transfers.
(E) Any amounts of medicaid benefits recovered as restitution
under this section and any interest on those amounts shall be
credited to the general revenue fund, and any applicable federal
share shall be returned to the appropriate agency or department of
the United States.
Sec. 2913.42. (A) No person, knowing the person has no
privilege
to do so, and with purpose to defraud or knowing that
the person is
facilitating a fraud, shall do any of the following:
(1) Falsify, destroy, remove, conceal, alter, deface, or
mutilate any writing, computer software, data,
or record;
(2) Utter any writing or record, knowing it to have been
tampered with as provided in division (A)(1) of this section.
(B)(1) Whoever violates this section is guilty of tampering
with records.
(2) Except as provided in division (B)(4) of this
section, if
the offense does not involve data or computer
software, tampering
with records is
whichever of the following is applicable:
(a) If division (B)(2)(b) of this section does not apply, a
misdemeanor of
the first degree;
(b) If the writing or record is a will unrevoked at the
time
of the offense, a felony of the fifth degree.
(3) Except as provided in division (B)(4) of this
section, if
the offense involves a violation of division (A) of
this section
involving data or computer software, tampering with
records is
whichever of the following is
applicable:
(a) Except as otherwise provided in division (B)(3)(b), (c),
or (d) of this
section, a misdemeanor of the first degree;
(b) If the value of the data or computer software involved in
the
offense
or the loss to the victim is five seven hundred fifty
dollars or more and is less than
five thousand dollars, a felony
of the fifth degree;
(c) If the value of the data or computer software involved in
the
offense or the loss to the
victim is five thousand dollars or
more and is less than one hundred thousand
dollars, a felony of
the fourth degree;
(d) If the value of the data or computer software involved in
the
offense or
the loss to the victim is one hundred thousand
dollars or more or if the
offense is committed for the purpose of
devising or executing a scheme to defraud or to obtain property
or
services and the value of the property or services or the loss
to
the victim is five thousand dollars or more, a felony
of the third
degree.
(4) If the writing, data, computer software, or
record is
kept by or belongs to a local, state, or federal governmental
entity, a felony of the third degree.
Sec. 2913.421. (A) As used in this section:
(1) "Computer," "computer network," and "computer system"
have the same meanings as in section 2913.01 of the Revised Code.
(2) "Commercial electronic mail message" means any electronic
mail message the primary purpose of which is the commercial
advertisement or promotion of a commercial product or service,
including content on an internet web site operated for a
commercial purpose, but does not include a transactional or
relationship message. The inclusion of a reference to a commercial
entity or a link to the web site of a commercial entity does not,
by itself, cause that message to be treated as a commercial
electronic mail message for the purpose of this section, if the
contents or circumstances of the message indicate a primary
purpose other than commercial advertisement or promotion of a
commercial product or service.
(3) "Domain name" means any alphanumeric designation that is
registered with or assigned by any domain name registrar, domain
name registry, or other domain name registration authority as part
of an electronic address on the internet.
(4) "Electronic mail," "originating address," and "receiving
address" have the same meanings as in section 2307.64 of the
Revised Code.
(5) "Electronic mail message" means each electronic mail
addressed to a discrete addressee.
(6) "Electronic mail service provider" means any person,
including an internet service provider, that is an intermediary in
sending and receiving electronic mail and that provides to the
public electronic mail accounts or online user accounts from which
electronic mail may be sent.
(7) "Header information" means the source, destination, and
routing information attached to an electronic mail message,
including the originating domain name, the originating address,
and technical information that authenticates the sender of an
electronic mail message for computer network security or computer
network management purposes.
(8)
"Initiate the transmission" or "initiated" means to
originate or transmit a commercial electronic mail message or to
procure the origination or transmission of that message,
regardless of whether the message reaches its intended recipients,
but does not include actions that constitute routine conveyance of
such message.
(9) "Internet" has the same meaning as in section 341.42 of
the Revised Code.
(10) "Internet protocol address" means the string of numbers
by which locations on the internet are identified by routers or
other computers connected to the internet.
(11) "Materially falsify" means to alter or conceal in a
manner that would impair the ability of a recipient of an
electronic mail message, an electronic mail service provider
processing an electronic mail message on behalf of a recipient, a
person alleging a violation of this section, or a law enforcement
agency to identify, locate, or respond to the person that
initiated the electronic mail message or to investigate an alleged
violation of this section.
(12) "Multiple" means more than ten commercial electronic
mail messages during a twenty-four-hour period, more than one
hundred commercial electronic mail messages during a thirty-day
period, or more than one thousand commercial electronic mail
messages during a one-year period.
(13) "Recipient" means a person who receives a commercial
electronic mail message at any one of the following receiving
addresses:
(a) A receiving address furnished by an electronic mail
service provider that bills for furnishing and maintaining that
receiving address to a mailing address within this state;
(b) A receiving address ordinarily accessed from a computer
located within this state or by a person domiciled within this
state;
(c) Any other receiving address with respect to which this
section can be imposed consistent with the United States
Constitution.
(14) "Routine conveyance" means the transmission, routing,
relaying, handling, or storing, through an automated technical
process, of an electronic mail message for which another person
has identified the recipients or provided the recipient addresses.
(15) "Transactional or relationship message" means an
electronic mail message the primary purpose of which is to do any
of the following:
(a) Facilitate, complete, or confirm a commercial transaction
that the recipient has previously agreed to enter into with the
sender;
(b) Provide warranty information, product recall information,
or safety or security information with respect to a commercial
product or service used or purchased by the recipient;
(c) Provide notification concerning a change in the terms or
features of; a change in the recipient's standing or status with
respect to; or, at regular periodic intervals, account balance
information or other type of account statement with respect to, a
subscription, membership, account, loan, or comparable ongoing
commercial relationship involving the ongoing purchase or use by
the recipient of products or services offered by the sender;
(d) Provide information directly related to an employment
relationship or related benefit plan in which the recipient is
currently involved, participating, or enrolled;
(e) Deliver goods or services, including product updates or
upgrades, that the recipient is entitled to receive under the
terms of a transaction that the recipient has previously agreed to
enter into with the sender.
(B) No person, with regard to commercial electronic mail
messages sent from or to a computer in this state, shall do any of
the following:
(1) Knowingly use a computer to relay or retransmit multiple
commercial electronic mail messages, with the intent to deceive or
mislead recipients or any electronic mail service provider, as to
the origin of those messages;
(2) Knowingly and materially falsify header information in
multiple commercial electronic mail messages and purposely
initiate the transmission of those messages;
(3) Knowingly register, using information that materially
falsifies the identity of the actual registrant, for five or more
electronic mail accounts or online user accounts or two or more
domain names and purposely initiate the transmission of multiple
commercial electronic mail messages from one, or any combination,
of those accounts or domain names;
(4) Knowingly falsely represent the right to use five or more
internet protocol addresses, and purposely initiate the
transmission of multiple commercial electronic mail messages from
those addresses.
(C)(1) Whoever violates division (B) of this section is
guilty of illegally transmitting multiple commercial electronic
mail messages. Except as otherwise provided in division (C)(2) or
(E) of this section, illegally transmitting multiple commercial
electronic mail messages is a felony of the fifth degree.
(2) Illegally transmitting multiple commercial electronic
mail messages is a felony of the fourth degree if any of the
following apply:
(a) Regarding a violation of division (B)(3) of this section,
the offender, using information that materially falsifies the
identity of the actual registrant, knowingly registers for twenty
or more electronic mail accounts or online user accounts or ten or
more domain names, and purposely initiates, or conspires to
initiate, the transmission of multiple commercial electronic mail
messages from the accounts or domain names.
(b) Regarding any violation of division (B) of this section,
the volume of commercial electronic mail messages the offender
transmitted in committing the violation exceeds two hundred and
fifty during any twenty-four-hour period, two thousand five
hundred during any thirty-day period, or twenty-five thousand
during any one-year period.
(c) Regarding any violation of division (B) of this section,
during any one-year period the aggregate loss to the victim or
victims of the violation is five seven hundred fifty dollars or
more, or
during any one-year period the aggregate value of the
property or
services obtained by any offender as a result of the
violation is
five seven hundred fifty dollars or more.
(d) Regarding any violation of division (B) of this section,
the offender committed the violation with three or more other
persons with respect to whom the offender was the organizer or
leader of the activity that resulted in the violation.
(e) Regarding any violation of division (B) of this section,
the offender knowingly assisted in the violation through the
provision or selection of electronic mail addresses to which the
commercial electronic mail message was transmitted, if that
offender knew that the electronic mail addresses of the recipients
were obtained using an automated means from an internet web site
or proprietary online service operated by another person, and that
web site or online service included, at the time the electronic
mail addresses were obtained, a notice stating that the operator
of that web site or online service will not transfer addresses
maintained by that web site or online service to any other party
for the purposes of initiating the transmission of, or enabling
others to initiate the transmission of, electronic mail messages.
(f) Regarding any violation of division (B) of this section,
the offender knowingly assisted in the violation through the
provision or selection of electronic mail addresses of the
recipients obtained using an automated means that generates
possible electronic mail addresses by combining names, letters, or
numbers into numerous permutations.
(D)(1) No person, with regard to commercial electronic mail
messages sent from or to a computer in this state, shall knowingly
access a computer without authorization and purposely initiate the
transmission of multiple commercial electronic mail messages from
or through the computer.
(2) Except as otherwise provided in division (E) of this
section, whoever violates division (D)(1) of this section is
guilty of unauthorized access of a computer, a felony of the
fourth degree.
(E) Illegally transmitting multiple commercial electronic
mail messages and unauthorized access of a computer in violation
of this section are felonies of the third degree if the offender
previously has been convicted of a violation of this section, or a
violation of a law of another state or the United States regarding
the transmission of electronic mail messages or unauthorized
access to a computer, or if the offender committed the violation
of this section in the furtherance of a felony.
(F)(1) The attorney general or an electronic mail service
provider that is injured by a violation of this section may bring
a civil action in an appropriate court of common pleas of this
state seeking relief from any person whose conduct violated this
section. The civil action may be commenced at any time within one
year of the date after the act that is the basis of the civil
action.
(2) In a civil action brought by the attorney general
pursuant to division (F)(1) of this section for a violation of
this section, the court may award temporary, preliminary, or
permanent injunctive relief. The court also may impose a civil
penalty against the offender, as the court considers just, in an
amount that is the lesser of: (a) twenty-five thousand dollars for
each day a violation occurs, or (b) not less than two dollars but
not more than eight dollars for each commercial electronic mail
message initiated in violation of this section.
(3) In a civil action brought by an electronic mail service
provider pursuant to division (F)(1) of this section for a
violation of this section, the court may award temporary,
preliminary, or permanent injunctive relief, and also may award
damages in an amount equal to the greater of the following:
(a) The sum of the actual damages incurred by the electronic
mail service provider as a result of a violation of this section,
plus any receipts of the offender that are attributable to a
violation of this section and that were not taken into account in
computing actual damages;
(b) Statutory damages, as the court considers just, in an
amount that is the lesser of: (i) twenty-five thousand dollars for
each day a violation occurs, or (ii) not less than two dollars but
not more than eight dollars for each commercial electronic mail
message initiated in violation of this section.
(4) In assessing damages awarded under division (F)(3) of
this section, the court may consider whether the offender has
established and implemented, with due care, commercially
reasonable practices and procedures designed to effectively
prevent the violation, or the violation occurred despite
commercially reasonable efforts to maintain the practices and
procedures established.
(G) Any equipment, software, or other technology of a person
who violates this section that is used or intended to be used in
the commission of a violation of this section, and any real or
personal property that constitutes or is traceable to the gross
proceeds obtained from the commission of a violation of this
section, is contraband and is subject to seizure and forfeiture
pursuant to Chapter 2981. of the Revised Code.
(H) The attorney general may bring a civil action, pursuant
to the "CAN-SPAM Act of 2003," Pub. L. No. 108-187, 117 Stat.
2699, 15 U.S.C. 7701 et seq., on behalf of the residents of the
state in a district court of the United States that has
jurisdiction for a violation of the CAN-SPAM Act of 2003, but the
attorney general shall not bring a civil action under both this
division and division (F) of this section. If a federal court
dismisses a civil action brought under this division for reasons
other than upon the merits, a civil action may be brought under
division (F) of this section in the appropriate court of common
pleas of this state.
(I) Nothing in this section shall be construed:
(1) To require an electronic mail service provider to block,
transmit, route, relay, handle, or store certain types of
electronic mail messages;
(2) To prevent or limit, in any way, an electronic mail
service provider from adopting a policy regarding electronic mail,
including a policy of declining to transmit certain types of
electronic mail messages, or from enforcing such policy through
technical means, through contract, or pursuant to any remedy
available under any other federal, state, or local criminal or
civil law;
(3) To render lawful any policy adopted under division (I)(2)
of this section that is unlawful under any other law.
Sec. 2913.43. (A) No person, by deception, shall cause
another to execute any writing that disposes of or encumbers
property, or by which a pecuniary obligation is incurred.
(B)(1) Whoever violates this section is guilty of securing
writings
by
deception.
(2) Except as otherwise provided in this division or
division
(B)(3) of this section, securing
writings
by deception is a
misdemeanor of the first degree. If the value of the
property or
the obligation involved is five seven hundred fifty dollars or
more and
less
than five thousand dollars, securing writings by
deception is
a felony of the
fifth degree. If the value of the
property or the
obligation involved is five
thousand dollars or
more and is less
than one hundred thousand dollars,
securing
writings by deception
is a felony of the fourth degree. If the
value
of the property or
the obligation involved is one hundred
thousand dollars or
more,
securing writings by deception is a
felony of the third degree.
(3) If the victim of the offense is an elderly person or
disabled adult, division
(B)(3) of this section
applies. Except as
otherwise provided in division (B)(3) of this
section, securing
writings by
deception is a felony of the fifth degree. If the
value of the property or
obligation involved is
five seven hundred
fifty
dollars or more and is less than five thousand
dollars,
securing
writings by deception is a felony of the fourth
degree.
If the
value of the property or obligation involved is
five
thousand
dollars or more and is less than twenty-five
thousand
dollars,
securing writings by deception is a felony of
the third
degree. If
the value of the property or obligation
involved is
twenty-five
thousand dollars or more,
securing writings by
deception is a
felony of the second degree.
Sec. 2913.45. (A) No person, with purpose to defraud one or
more of
the person's creditors, shall do any of the following:
(1) Remove, conceal, destroy, encumber, convey, or otherwise
deal with any of
the person's property;
(2) Misrepresent or refuse to disclose to a fiduciary
appointed to administer
or manage the person's affairs or estate,
the existence, amount, or
location of any of the person's
property, or any other information regarding
such property that
the person is legally required to furnish to the fiduciary.
(B) Whoever violates this section is guilty of defrauding
creditors. Except as otherwise provided in this division,
defrauding creditors is a
misdemeanor of the first degree. If the
value of the property involved is
five seven hundred fifty
dollars or
more and is less than five thousand dollars,
defrauding creditors
is a felony of the fifth degree. If the
value of the
property
involved is five thousand dollars or more
and is less than one
hundred thousand dollars, defrauding
creditors is a felony of the
fourth
degree. If the value of the
property involved is one
hundred thousand dollars
or more,
defrauding creditors is a felony
of the third degree.
Sec. 2913.46. (A)(1) As used in this section:
(a) "Electronically transferred benefit" means the transfer
of food stamp
supplemental nutrition assistance program benefits
or WIC program benefits through the use of an access
device.
(b) "WIC program benefits" includes money, coupons, delivery
verification receipts, other documents, food, or other property
received
directly or indirectly pursuant to section 17 of the
"Child Nutrition
Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as
amended.
(c) "Access device" means any card, plate, code, account
number, or other
means of access that can be used, alone or in
conjunction with another access
device, to obtain payments,
allotments, benefits, money, goods, or other
things
of value or
that can be used to initiate a transfer of funds pursuant to
section 5101.33 of the Revised Code and the "Food Stamp and
Nutrition Act of
1977," 91 Stat. 958, 2008 (7 U.S.C.A. 2011 et
seq.), or any supplemental food
program administered by any
department of this state or any county or local
agency pursuant to
section 17 of the "Child Nutrition Act of
1966," 80 Stat. 885, 42
U.S.C.A. 1786, as amended. An "access device" may
include any
electronic debit card or other means authorized by section 5101.33
of the Revised Code.
(c)(d) "Aggregate value of the food stamp coupons
supplemental nutrition assistance program benefits, WIC
program
benefits, and electronically transferred
benefits involved in the
violation" means the
total face value of any food stamps
supplemental nutrition assistance program benefits, plus the total
face value of WIC
program coupons or delivery verification
receipts, plus the total value of
other WIC program benefits, plus
the total value of
any electronically transferred benefit or other
access device, involved in
the
violation.
(d)(e) "Total value of any electronically transferred benefit
or other
access
device" means the total value of the payments,
allotments, benefits, money,
goods, or other things of value that
may be obtained, or the total value of
funds that may be
transferred, by use of any electronically transferred
benefit or
other access device at the time of violation.
(2) If food stamp coupons supplemental nutrition assistance
program benefits, WIC program benefits, or electronically
transferred benefits or other
access devices of various values are
used, transferred, bought, acquired,
altered, purchased,
possessed, presented for redemption, or transported in
violation
of this section over a period of twelve months, the course of
conduct may be charged as one offense and the values of food stamp
coupons supplemental nutrition assistance program benefits,
WIC
program benefits, or
any electronically transferred benefits or
other access devices may be
aggregated in determining the degree
of the offense.
(B) No individual shall knowingly possess,
buy, sell, use,
alter, accept, or transfer food stamp coupons supplemental
nutrition assistance program benefits, WIC
program benefits, or
any
electronically transferred benefit in any manner not
authorized by the "Food
Stamp and Nutrition Act of
1977," 91 Stat.
958, 2008 (7 U.S.C.A. 2011, as amended, et seq.) or section 17 of
the
"Child
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A.
1786,
as amended.
(C) No organization, as defined in division (D) of section
2901.23 of the Revised Code, shall do either of the following:
(1) Knowingly allow an employee or agent to sell, transfer,
or
trade items or services, the purchase of which is prohibited by
the "Food Stamp and Nutrition Act of 1977," 91 Stat. 958, 2008 (7
U.S.C.A. 2011, as
amended, et seq. or section 17 of the "Child
Nutrition Act of
1966," 80 Stat. 885, 42 U.S.C.A. 1786, as
amended, in exchange for
food stamp coupons supplemental nutrition
assistance program benefits, WIC program benefits, or any
electronically
transferred benefit;
(2) Negligently allow an employee or agent to sell, transfer,
or
exchange food stamp coupons supplemental nutrition assistance
program benefits, WIC program benefits, or any
electronically
transferred benefit
for anything of value.
(D) Whoever violates
this section is guilty of illegal use of
food stamps supplemental nutrition assistance program benefits or
WIC program
benefits. Except as otherwise provided in this
division, illegal use of food
stamps supplemental nutrition
assistance program benefits or WIC program benefits is a felony of
the fifth degree. If the aggregate value of the food stamp coupons
supplemental nutrition assistance program benefits,
WIC program
benefits, and electronically transferred benefits
involved in the
violation is five seven hundred fifty dollars or more
and is less
than five
thousand dollars, illegal use of food stamps
supplemental
nutrition assistance program benefits or
WIC program
benefits is a
felony of the fourth degree. If the
aggregate value
of the food
stamp coupons supplemental nutrition assistance
program benefits,
WIC program benefits, and
electronically
transferred benefits
involved in the violation is five seven
thousand fifty dollars or
more and is
less than
one hundred
thousand dollars, illegal use
of
food stamps
supplemental
nutrition assistance program benefits
or WIC program
benefits is
a felony of the third degree.
If the
aggregate
value
of the
food stamp
coupons supplemental nutrition
assistance
program
benefits, WIC program benefits, and
electronically
transferred
benefits
involved in the violation is
one hundred
thousand
dollars or more, illegal use
of
food stamps
supplemental
nutrition assistance program benefits or WIC program
benefits is
a
felony of the second degree.
Sec. 2913.47. (A) As used in this section:
(1) "Data" has the same meaning as in section 2913.01 of
the
Revised Code and additionally includes any other
representation of
information, knowledge, facts, concepts, or
instructions that are
being or have been prepared in a formalized
manner.
(2) "Deceptive" means that a statement, in whole or in
part,
would cause another to be deceived because it contains a
misleading representation, withholds information, prevents the
acquisition of information, or by any other conduct, act, or
omission creates, confirms, or perpetuates a false impression,
including, but not limited to, a false impression as to law,
value, state of mind, or other objective or subjective fact.
(3) "Insurer" means any person that is authorized to
engage
in the business of insurance in this state under Title
XXXIX of
the Revised Code, the Ohio fair plan underwriting
association
created under section 3929.43 of the Revised Code,
any health
insuring corporation, and any legal entity that is
self-insured
and provides benefits to its employees or members.
(4) "Policy" means a policy, certificate, contract, or
plan
that is issued by an insurer.
(5) "Statement" includes, but is not limited to, any
notice,
letter, or memorandum; proof of loss; bill of lading;
receipt for
payment; invoice, account, or other financial
statement; estimate
of property damage; bill for services;
diagnosis or prognosis;
prescription; hospital, medical, or
dental chart or other record;
x-ray, photograph, videotape, or
movie film; test result; other
evidence of loss, injury, or
expense; computer-generated document;
and data in any form.
(B) No person, with purpose to defraud or knowing that the
person
is facilitating a fraud, shall do either of the following:
(1) Present to, or cause to be presented to, an insurer
any
written or oral statement that is part of, or in support of,
an
application for insurance, a claim for payment pursuant to a
policy, or a claim for any other benefit pursuant to a policy,
knowing that the statement, or any part of the statement, is
false
or deceptive;
(2) Assist, aid, abet, solicit, procure, or conspire with
another to prepare or make any written or oral statement that is
intended to be presented to an insurer as part of, or in support
of, an application for insurance, a claim for payment pursuant to
a policy, or a claim for any other benefit pursuant to a policy,
knowing that the statement, or any part of the statement, is
false
or deceptive.
(C) Whoever violates this section is guilty of insurance
fraud. Except as
otherwise provided in this division, insurance
fraud is a misdemeanor of the
first degree. If the amount of the
claim that is false or deceptive is five seven hundred fifty
dollars or
more and is less than five thousand dollars, insurance
fraud is a
felony of the fifth degree. If the amount of the claim
that is
false or deceptive is five thousand dollars or more and
is
less
than one hundred thousand dollars,
insurance fraud is a
felony of
the fourth
degree. If the amount
of the claim that is
false or
deceptive is one hundred thousand
dollars or more,
insurance fraud
is a felony of the third degree.
(D) This section shall not be construed to abrogate,
waive,
or modify division (A) of section 2317.02 of the Revised
Code.
Sec. 2913.48. (A) No person, with purpose to defraud or
knowing that the person is facilitating a fraud, shall do any of
the
following:
(1) Receive workers' compensation benefits to which the
person is
not entitled;
(2) Make or present or cause to be made or presented a
false
or misleading statement with the purpose to secure payment
for
goods or services rendered under Chapter 4121., 4123., 4127.,
or
4131. of the Revised Code or to secure workers' compensation
benefits;
(3) Alter, falsify, destroy, conceal, or remove any record
or
document that is necessary to fully establish the validity of
any
claim filed with, or necessary to establish the nature and
validity of all goods and services for which reimbursement or
payment was received or is requested from, the bureau of workers'
compensation, or a self-insuring employer under Chapter 4121.,
4123., 4127., or 4131. of the Revised Code;
(4) Enter into an agreement or conspiracy to defraud the
bureau or a self-insuring employer by making or presenting or
causing to be made or presented a false claim for workers'
compensation benefits;
(5) Make or present or cause to be made or presented a false
statement concerning manual codes,
classification of employees,
payroll, paid compensation, or number of personnel, when
information
of that nature is necessary to determine the actual
workers' compensation
premium or
assessment owed to the bureau by
an employer;
(6) Alter, forge, or create a workers' compensation
certificate to falsely
show current or
correct workers'
compensation coverage;
(7) Fail to secure or maintain workers' compensation coverage
as
required by Chapter 4123. of the Revised Code with the intent
to defraud the bureau of workers' compensation.
(B) Whoever violates this section is guilty of workers'
compensation fraud. Except as
otherwise provided in this division,
a
violation of this section is a misdemeanor of the
first degree.
If the value of
premiums and assessments unpaid
pursuant to
actions described in division (A)(5), (6), or (7) of this
section,
or of
goods, services, property, or
money stolen is five seven
hundred
fifty
dollars or more and is less than
five thousand
dollars, a
violation of
this section is a felony of the fifth
degree. If
the
value of
premiums and assessments unpaid
pursuant
to actions
described in division (A)(5), (6), or (7) of this
section, or of
goods, services, property, or money stolen is five
thousand
dollars or more and is less than one hundred thousand
dollars, a
violation of
this section is a felony of the fourth
degree. If
the
value of
premiums and assessments unpaid
pursuant
to actions
described in division (A)(5), (6), or (7) of this
section, or of
goods, services, property, or money stolen is one
hundred
thousand
dollars or more, a violation of this section is
a felony of the
third
degree.
(C) Upon application of the governmental body that
conducted
the investigation and prosecution of a violation of
this section,
the court shall order the person who is convicted
of the violation
to pay the governmental body its costs of
investigating and
prosecuting the case. These costs are in
addition to any other
costs or penalty provided in the Revised
Code or any other section
of law.
(D) The remedies and penalties provided in this section
are
not exclusive remedies and penalties and do not preclude the
use
of any other criminal or civil remedy or penalty for any act
that
is in violation of this section.
(E) As used in this section:
(1) "False" means wholly or partially untrue or deceptive.
(2) "Goods" includes, but is not limited to, medical
supplies, appliances, rehabilitative equipment, and any other
apparatus or furnishing provided or used in the care, treatment,
or rehabilitation of a claimant for workers' compensation
benefits.
(3) "Services" includes, but is not limited to, any
service
provided by any health care provider to a claimant for
workers'
compensation benefits and any and all services provided by the
bureau
as part of workers' compensation insurance coverage.
(4) "Claim" means any attempt to cause the bureau, an
independent third party with whom the administrator or an
employer
contracts under section 4121.44 of the Revised Code, or
a
self-insuring employer to make payment or reimbursement for
workers' compensation benefits.
(5) "Employment" means participating in any trade,
occupation, business, service, or profession for substantial
gainful remuneration.
(6) "Employer," "employee," and "self-insuring employer"
have
the same meanings as in section 4123.01 of the Revised Code.
(7) "Remuneration" includes, but is not limited to, wages,
commissions, rebates, and any other reward or consideration.
(8) "Statement" includes, but is not limited to, any oral,
written, electronic, electronic impulse, or magnetic
communication
notice, letter, memorandum, receipt for payment,
invoice, account,
financial statement, or bill for services;
a diagnosis, prognosis,
prescription, hospital, medical, or dental
chart or other record;
and a computer generated document.
(9) "Records" means any medical, professional, financial,
or
business record relating to the treatment or care of any
person,
to goods or services provided to any person, or to rates
paid for
goods or services provided to any person, or any record
that the
administrator of workers' compensation requires pursuant
to rule.
(10) "Workers' compensation benefits" means any
compensation
or benefits payable under Chapter 4121., 4123.,
4127., or 4131. of
the Revised Code.
Sec. 2913.49. (A) As used in this section,
"personal
identifying information" includes, but is not limited to, the
following: the name, address,
telephone number, driver's license,
driver's license number,
commercial driver's license, commercial
driver's license number,
state identification card, state
identification card number,
social security card, social security
number,
birth certificate, place of
employment, employee
identification number,
mother's maiden
name, demand deposit
account number, savings
account number,
money market account
number, mutual fund account
number, other
financial account
number, personal identification
number,
password, or credit card
number of a living or dead
individual.
(B) No person, without the
express or implied consent of the
other person, shall
use,
obtain,
or possess
any
personal
identifying information of
another person with intent to
do
either
of the following:
(1) Hold the person out to be the other person;
(2) Represent the other person's personal identifying
information as the
person's own personal
identifying information.
(C) No person shall create, obtain, possess, or use the
personal
identifying information of any
person
with the intent to
aid or abet another
person in violating
division (B) of this
section.
(D)
No person, with intent to defraud, shall permit another
person to use the person's own personal identifying information.
(E) No person who is permitted to use another person's
personal identifying information as described in division (D) of
this section shall use, obtain, or possess the other person's
personal identifying information with intent to defraud any person
by doing any act identified in division (B)(1) or (2) of this
section.
(F)(1)
It is an affirmative defense to a charge under
division
(B) of this section that the person using the personal
identifying information is
acting in accordance with a legally
recognized guardianship or
conservatorship or as a trustee or
fiduciary.
(2) It is an affirmative defense to a charge under division
(B), (C), (D), or (E) of this section that either of the following
applies:
(a) The person or entity using, obtaining, possessing, or
creating the personal identifying
information or permitting it to
be used is a law enforcement agency, authorized fraud
personnel,
or
a representative of or attorney for a law
enforcement agency or
authorized fraud personnel and is using, obtaining, possessing, or
creating the
personal identifying
information or permitting it to
be used, with prior consent given as specified in this division,
in a bona fide investigation, an
information security
evaluation,
a pretext calling evaluation, or
a similar matter. The prior
consent required under this division shall be given by the person
whose personal identifying information is being used, obtained,
possessed, or created or is being permitted to be used or, if the
person whose personal identifying information is being used,
obtained, possessed, or created or is being permitted to be used
is deceased, by that deceased person's executor, or a member of
that deceased person's family, or that deceased person's attorney.
The prior consent required under this division may be given orally
or in writing by the person whose personal identifying information
is being used, obtained, possessed, or created or is being
permitted to be used or that person's executor, or family member,
or attorney.
(b) The personal identifying information was obtained,
possessed, used, created, or permitted to be used for a lawful
purpose, provided that division (F)(2)(b) of this section does not
apply if the person or entity using, obtaining, possessing, or
creating the personal identifying information or permitting it to
be used is a law enforcement agency, authorized fraud personnel,
or a representative of or attorney for a law enforcement agency or
authorized fraud personnel that is using, obtaining, possessing,
or creating the personnel personal identifying information or
permitting it to be used in an investigation, an information
security evaluation, a pretext calling evaluation, or similar
matter.
(G) It is not a defense to a charge under this section that
the person whose personal identifying information was obtained,
possessed, used, created, or permitted to be used was deceased at
the time of the offense.
(H)(1) If an offender commits a violation of division (B),
(D), or (E) of
this
section and the violation
occurs as part of a
course of conduct involving
other
violations
of division (B), (D),
or (E) of this section or
violations of,
attempts
to
violate,
conspiracies to violate, or
complicity in violations of
division
(C) of this section or
section 2913.02, 2913.04, 2913.11,
2913.21,
2913.31, 2913.42,
2913.43, or 2921.13 of the
Revised
Code, the
court, in determining
the degree of the offense pursuant
to
division
(I) of this
section, may
aggregate all credit,
property,
or services obtained
or sought
to be obtained by the
offender and
all debts or other
legal
obligations avoided or
sought to be
avoided by the offender
in
the violations involved in
that course
of
conduct. The course
of conduct may involve one
victim or more
than one
victim.
(2) If an offender commits a violation of division (C) of
this section and the violation occurs
as
part of a course of
conduct involving other violations of
division
(C)
of this section
or violations of, attempts to
violate, conspiracies to
violate, or
complicity in violations of
division (B), (D), or (E) of this
section
or section 2913.02,
2913.04, 2913.11,
2913.21, 2913.31,
2913.42, 2913.43, or
2921.13
of the Revised
Code, the court, in
determining the
degree of the
offense pursuant
to division
(I) of
this section, may
aggregate
all credit,
property, or services
obtained or sought to be
obtained by the
person aided or abetted
and all debts or other
legal
obligations
avoided or sought to be
avoided by the person
aided or abetted
in
the violations involved
in that course of
conduct. The course of
conduct may involve one
victim or more
than one victim.
(I)(1) Whoever violates
this section is guilty of
identity
fraud.
(2) Except as otherwise provided in this
division or division
(I)(3) of this section,
identity
fraud is a felony of
the
fifth
degree. If
the value of the
credit, property, services,
debt, or
other
legal obligation
involved in the violation or
course of
conduct is five seven hundred fifty
dollars or more and is
less
than
five thousand dollars, except as otherwise provided in
division
(I)(3) of this section,
identity
fraud is a
felony
of
the
fourth
degree. If the value of the
credit,
property,
services, debt, or
other legal obligation
involved in
the
violation
or course of
conduct is
five thousand
dollars or
more
and is less than one
hundred
thousand dollars,
except as
otherwise provided in division
(I)(3) of this section, identity
fraud is a felony of
the
third
degree.
If the value
of
the
credit, property,
services, debt, or
other
legal obligation
involved in the violation or course
of
conduct is
one
hundred
thousand dollars or more, except as
otherwise provided in
division (I)(3) of this section,
identity
fraud
is a
felony of
the
second degree.
(3) If the victim of the offense is an elderly person or
disabled adult, a violation of this section is identity fraud
against an elderly person or disabled adult. Except as otherwise
provided in this division, identity fraud against an elderly
person or disabled adult is a felony of the fifth degree. If the
value of the credit, property, services, debt, or other legal
obligation involved in the violation or course of conduct is five
seven
hundred
fifty dollars or more and is less than five
thousand
dollars, identity fraud against an elderly person or
disabled
adult is a felony of the third degree. If the value of
the credit,
property, services, debt, or other legal obligation
involved in
the violation or course of conduct is five thousand
dollars or
more and is less than one hundred thousand dollars,
identity fraud
against an elderly person or disabled adult is a
felony of the
second degree. If the value of the credit,
property, services,
debt, or other legal obligation involved in
the violation or
course of conduct is one hundred thousand
dollars or more,
identity fraud against an elderly person or
disabled adult is a
felony of the first degree.
Sec. 2913.51. (A) No person shall receive, retain, or
dispose of property of another knowing or having reasonable
cause
to believe that the property has been obtained through
commission
of a theft offense.
(B) It is not a defense to a charge
of receiving stolen
property in violation of this section that the
property was
obtained by means other than through the commission
of a theft
offense if the property was explicitly represented to
the accused
person as being obtained through the commission of a
theft
offense.
(C) Whoever violates this section is guilty of receiving
stolen property. Except as otherwise provided in this
division,
receiving stolen property is a
misdemeanor of the first degree. If
the value of the property
involved is five seven hundred fifty
dollars
or more and is less than five thousand
dollars, if the
property
involved is any of the property
listed in section
2913.71 of the
Revised Code, receiving
stolen property is a
felony of the fifth
degree. If the
property involved is a motor
vehicle, as defined in
section
4501.01 of the Revised Code, if
the property involved is a
dangerous drug,
as defined in section
4729.01 of the Revised Code,
if the
value of the property involved
is five thousand dollars or
more and is less
than one hundred
thousand dollars, or if the
property involved is a
firearm or
dangerous ordnance, as defined
in section 2923.11 of the Revised
Code, receiving stolen property
is a felony of the fourth degree.
If the
value of the property
involved is one hundred thousand
dollars or more,
receiving stolen
property is a felony of the
third
degree.
Sec. 2913.61. (A) When a person is charged with a theft
offense, or with a violation of division
(A)(1) of section 1716.14
of the Revised Code involving a victim who is an
elderly
person or
disabled adult that involves property or services valued at five
seven
hundred
fifty
dollars or more, property or services valued
at five seven hundred
fifty dollars
or
more and less than five
thousand dollars,
property or services valued at five thousand
dollars or more and
less than twenty-five thousand dollars,
property
or
services
valued at twenty-five
thousand
dollars or
more and less than one
hundred thousand dollars,
or property or
services valued at one
hundred
thousand
dollars or more, the jury
or court trying the
accused
shall determine the value of the
property or services as
of the
time of the offense and, if a
guilty verdict is returned,
shall return the finding of value as
part of the verdict. In any
case in which the jury or court
determines that the value of the
property
or services at the time
of the offense was five seven hundred fifty
dollars or more,
it
is unnecessary to find and return the
exact value, and it is
sufficient if the finding and return is to
the effect that the
value of the
property or services involved was
five seven hundred
fifty dollars or more and
less than
five thousand
dollars, was
five thousand dollars or more and less than
twenty-five thousand
dollars, was twenty-five thousand dollars or
more and
less than
one
hundred thousand dollars, or was one
hundred thousand dollars
or more.
(B) If more than one item of property or services is
involved
in a theft offense or in a violation of division (A)(1)
of section
1716.14 of the Revised Code involving a victim who is an elderly
person or
disabled adult, the value of the property or
services
involved for the purpose of determining the value as
required by
division (A) of this section is the aggregate value
of all
property or services involved in the offense.
(C)(1) When a series of offenses under section 2913.02 of the
Revised Code, or a series of violations of, attempts to commit a
violation of, conspiracies to violate, or complicity in violations
of
division (A)(1) of section 1716.14, section 2913.02,
2913.03,
or 2913.04, division (B)(1) or (2) of section
2913.21, or section
2913.31 or 2913.43 of the Revised Code involving a victim
who is
an elderly person or disabled adult,
is committed by the offender
in the offender's same
employment, capacity, or relationship to
another, all of
those offenses shall be
tried as a single offense.
The value of the
property or services involved in the series of
offenses for the purpose
of determining the value as
required by
division (A) of this section is the aggregate value
of all
property and services involved in all offenses in the
series.
(2) If an offender commits a series of offenses under section
2913.02
of
the Revised Code
that involves a common course of
conduct to defraud multiple victims, all
of the offenses may be
tried as a single offense. If an offender is being
tried for the
commission of a series of violations of, attempts to commit
a
violation of, conspiracies to violate, or complicity in violations
of
division (A)(1) of section 1716.14, section
2913.02, 2913.03,
or 2913.04, division (B)(1) or (2) of section 2913.21, or
section
2913.31 or 2913.43 of the Revised Code, whether
committed against
one
victim or more than one victim, involving a victim who is an
elderly person or disabled adult,
pursuant to a scheme or course
of conduct,
all of those offenses may be tried as a single
offense.
If the offenses are tried as a single offense, the value
of the
property or services involved for the purpose of
determining
the value as required by division (A) of this section
is the
aggregate value of all property and services involved in
all of the
offenses in the course of conduct.
(3) When a series of two or more offenses under section
2921.41 of the
Revised Code is committed by the offender in the
offender's
same
employment, capacity, or relationship to another,
all of those offenses may be
tried as a single offense. If the
offenses are tried as a single offense,
the value of the property
or services involved for the purpose of
determining the value as
required by division (A) of this section
is the aggregate value of
all property and services involved in all of the
offenses in the
series
of two or more offenses.
(4) In prosecuting a single offense under division (C)(1),
(2), or (3)
of this section, it is not necessary to separately
allege and prove each
offense in the series. Rather, it is
sufficient to
allege and prove that the offender, within a given
span of time,
committed one or more theft offenses or violations
of section 2921.41
of the Revised Code in the offender's same
employment, capacity, or relationship to another as described in
division (C)(1) or (3) of this section, or committed
one or more
theft offenses that involve a common
course of conduct to defraud
multiple victims or a scheme or course of conduct
as described in
division (C)(2) of this section.
(D) The following criteria shall be used in determining
the
value of property or services involved in a theft offense:
(1) The value of an heirloom, memento, collector's item,
antique, museum piece, manuscript, document, record, or other
thing that has intrinsic worth to its owner and
that either is
irreplaceable or is replaceable only on the expenditure of
substantial time, effort, or money, is the amount that would
compensate the owner for its loss.
(2) The value of personal effects and household goods, and
of
materials, supplies, equipment, and fixtures used in the
profession, business, trade, occupation, or avocation of its
owner, which property is not covered under division (D)(1) of
this
section and which retains substantial utility for its
purpose
regardless of its age or condition, is the cost of
replacing the
property with new property of like kind and
quality.
(3) The value of any real or personal property
that is not
covered under division (D)(1) or (2) of this section, and the
value of services, is the fair market value of the property or
services. As used in this section, "fair market value" is the
money consideration that a buyer would give and a seller would
accept for property or services, assuming that the buyer is
willing to buy and the seller is willing to sell, that both are
fully informed as to all facts material to the transaction, and
that neither is under any compulsion to act.
(E) Without limitation on the evidence that may be used to
establish the
value of property or services involved in a theft
offense:
(1) When the property involved is personal property held
for
sale at wholesale or retail, the price at which the property
was
held for sale is prima-facie evidence of its value.
(2) When the property involved is a security or commodity
traded on an exchange, the closing price or, if there is no
closing price, the asked price, given in the latest market
quotation prior to the offense is prima-facie evidence of the
value of the security or commodity.
(3) When the property involved is livestock, poultry, or
raw
agricultural products for which a local market price is
available,
the latest local market price prior to the offense is
prima-facie
evidence of the value of the livestock, poultry, or
products.
(4) When the property involved is a negotiable instrument,
the face value is prima-facie evidence of the value of the
instrument.
(5) When the property involved is a warehouse receipt,
bill
of lading, pawn ticket, claim check, or other instrument
entitling
the holder or bearer to receive property, the face
value or, if
there is no face value, the value of the property
covered by the
instrument less any payment necessary to receive
the property is
prima-facie evidence of the value of the
instrument.
(6) When the property involved is a ticket of admission,
ticket for transportation, coupon, token, or other instrument
entitling the holder or bearer to receive property or services,
the face value or, if there is no face value, the value of the
property or services that may be received by the
instrument is
prima-facie evidence of the value of the instrument.
(7) When the services involved are gas, electricity,
water,
telephone, transportation, shipping, or other services for
which
the rate is established by law, the duly established rate
is
prima-facie evidence of the value of the services.
(8) When the services involved are services for which the
rate is not established by law, and the offender has been
notified
prior to the offense of the rate for the services,
either in
writing, orally, or by posting in a manner
reasonably calculated
to come to the attention of potential
offenders, the rate
contained in the notice is prima-facie
evidence of the value of
the services.
Sec. 2915.05. (A) No person, with purpose to defraud or
knowing that the
person is facilitating a fraud, shall engage in
conduct designed to corrupt
the outcome of any of the following:
(1) The subject of a bet;
(2) A contest of knowledge, skill, or endurance that is not
an athletic or
sporting event;
(3) A scheme or game of chance;
(B) No person shall knowingly do any of the following:
(1) Offer, give, solicit, or accept anything of value to
corrupt the
outcome of an athletic or sporting event;
(2) Engage in conduct designed to corrupt the outcome of an
athletic or sporting event.
(C)(1) Whoever violates division (A) of this section is
guilty of cheating. Except as otherwise provided in this
division,
cheating is a misdemeanor of the first degree. If the
potential
gain
from
the cheating is five seven hundred fifty dollars or
more
or if
the offender previously has
been convicted of any
gambling
offense
or of any theft offense, as defined in
section
2913.01 of
the
Revised Code, cheating is a felony of the fifth
degree.
(2) Whoever violates division (B) of this section is guilty
of corrupting
sports. Corrupting sports is a felony of the fifth
degree on a first offense
and a felony of the fourth degree on
each subsequent offense.
Sec. 2917.21. (A) No person shall knowingly make or cause
to
be made a telecommunication, or knowingly
permit a
telecommunication
to be made from a telecommunications device
under the
person's control, to
another, if the caller does any of
the following:
(1) Fails to identify the caller to the recipient of the
telecommunication and makes the telecommunication with purpose to
harass or abuse any person at the premises to
which the
telecommunication is made, whether or
not
actual communication
takes place
between the caller and a recipient;
(2) Describes, suggests, requests, or proposes that the
caller, the recipient of the
telecommunication, or any other
person
engage in sexual activity, and the recipient or another
person at the premises
to which the
telecommunication is made has
requested,
in a previous telecommunication or in the immediate
telecommunication, that the caller not make a
telecommunication to
the recipient or to the
premises to which the telecommunication is
made;
(3) During the telecommunication, violates
section 2903.21 of
the Revised Code;
(4) Knowingly states to the recipient of the
telecommunication that the
caller intends to cause damage to
or
destroy
public or
private property, and the recipient, any
member
of the recipient's family, or
any other person who resides at the
premises to which the
telecommunication is made owns, leases,
resides,
or works in, will
at the time of the destruction or
damaging be near or in, has the
responsibility of protecting, or
insures the property that will
be destroyed or damaged;
(5) Knowingly makes the telecommunication to the
recipient of
the telecommunication, to another person at the
premises to which
the telecommunication is made, or to
those premises, and the
recipient
or another person at those premises previously has told
the caller not to
make a
telecommunication to those premises or to
any
persons
at
those premises.
(B) No person shall make or cause to be made a
telecommunication, or
permit a
telecommunication to be
made from a
telecommunications device
under the person's control, with purpose
to abuse, threaten,
or harass another person.
(C)(1) Whoever violates this section is guilty of
telecommunications harassment.
(2) A violation of division (A)(1), (2), (3), or (5) or
(B)
of this section is a misdemeanor of the first degree on a
first
offense and a
felony of the fifth degree on each subsequent
offense.
(3) Except as otherwise provided in division (C)(3) of
this
section, a violation of division (A)(4) of this section is a
misdemeanor of the first degree on a first offense and a felony of
the fifth
degree on each subsequent offense. If a violation of
division (A)(4)
of this section results
in economic harm of five
seven
hundred fifty dollars or more but less than five thousand
dollars,
telecommunications harassment is a felony of
the fifth
degree. If
a violation
of division (A)(4) of this section results
in economic
harm of five
thousand dollars or more but less than
one hundred
thousand dollars,
telecommunications
harassment is a
felony of the
fourth degree. If a violation of division
(A)(4) of
this section
results in economic harm of one hundred
thousand
dollars or more,
telecommunications
harassment is a felony of the
third
degree.
(D) No cause of action may be asserted in any court of this
state against
any provider of a telecommunications service or
information service,
or against any officer, employee, or agent of
a
telecommunication service or information service, for any
injury, death, or loss to person or property that allegedly
arises
out of the provider's, officer's, employee's, or agent's
provision
of information, facilities, or assistance in
accordance with the
terms of a court order that is issued in
relation to the
investigation or prosecution of an alleged
violation of this
section or section 4931.31 of the
Revised Code. A provider of a
telecommunications service or information service, or an
officer,
employee, or agent of a telecommunications service or
information
service, is immune from any civil or criminal
liability for
injury, death, or loss to person or property that
allegedly arises
out of the provider's, officer's, employee's,
or agent's provision
of information, facilities, or assistance
in accordance with the
terms of a court order that is issued in
relation to the
investigation or prosecution of an alleged
violation of this
section or section 4931.31 of the
Revised Code.
(E) As used in this section:
(1) "Economic harm" means all direct,
incidental,
and
consequential pecuniary harm suffered by a victim as a result of
criminal
conduct. "Economic harm" includes, but is not limited to,
all of the
following:
(a) All wages, salaries, or other compensation lost as a
result of the
criminal conduct;
(b) The cost of all wages, salaries, or other compensation
paid to employees
for time those employees are prevented from
working as a result of the
criminal conduct;
(c) The overhead costs incurred for the time that a
business
is shut down as
a result of the criminal conduct;
(d) The loss of value to tangible or intangible property
that
was damaged as
a result of the criminal conduct.
(2) "Caller" means the person described in division
(A) of
this section who makes
or causes to be made a telecommunication or
who permits a
telecommunication to be made from a
telecommunications device
under that person's control.
(3) "Telecommunication" and "telecommunications device"
have
the same meanings as in section 2913.01 of the
Revised
Code.
(4) "Sexual activity" has the same meaning as in section
2907.01 of the Revised
Code.
(F) Nothing in this section prohibits a person from making
a
telecommunication to a debtor that is in
compliance with the "Fair
Debt Collection Practices Act," 91 Stat. 874 (1977), 15 U.S.C.
1692, as
amended, or the "Telephone Consumer Protection
Act," 105
Stat. 2395 (1991), 47 U.S.C. 227, as amended.
Sec. 2917.31. (A) No person shall cause the evacuation of
any public place, or otherwise cause serious public inconvenience
or alarm, by doing any of the following:
(1) Initiating or circulating a report or warning of an
alleged or impending fire, explosion, crime, or other
catastrophe,
knowing that such report or warning is false;
(2) Threatening to commit any offense of violence;
(3) Committing any offense, with reckless disregard of the
likelihood that its commission will cause serious public
inconvenience or alarm.
(B) Division (A)(1) of this section does not apply to any
person conducting an authorized fire or emergency drill.
(C)(1) Whoever violates this section is guilty of inducing
panic.
(2) Except as otherwise provided in division
(C)(3), (4),
(5), (6), (7), or (8) of this section, inducing panic is
a
misdemeanor of
the first degree.
(3)
Except as otherwise provided in division (C)(4), (5),
(6), (7), or (8) of this section, if a violation of this
section
results in physical harm to any person, inducing panic is
a felony
of the fourth degree.
(4) Except as otherwise provided in division (C)(5), (6),
(7), or (8) of
this section, if a violation of this
section
results in economic
harm, the
penalty shall be determined
as
follows:
(a) If the violation results in
economic harm of five seven
hundred
fifty
dollars or more but less than five thousand
dollars
and
if
division
(C)(3) of this
section
does
not apply,
inducing
panic
is
a felony of the
fifth degree.
(b) If the violation results in economic harm of five
thousand dollars
or more but less
than one hundred thousand
dollars,
inducing panic is a felony of the fourth
degree.
(c) If the violation results in economic harm
of one hundred
thousand dollars or more, inducing panic is a felony of the third
degree.
(5) If the public
place
involved
in a
violation of division
(A)(1) of this section is a
school
or an institution of higher
education, inducing panic is a felony of
the second degree.
(6) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division (C)(5), (7), or
(8) of this
section,
inducing panic is a felony of the fourth
degree.
(7) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division
(C)(5) of this
section,
if a
violation of this section results
in physical harm
to any
person,
inducing panic is a felony of the
third degree.
(8) If the violation pertains to a purported, threatened, or
actual use of a weapon of mass destruction, and except as
otherwise provided in division (C)(5) of this
section,
if a
violation of this section results in economic harm
of one
hundred
thousand dollars or more, inducing panic is a
felony of
the third
degree.
(D)(1) It is not a defense to a
charge under this section
that pertains to a purported or
threatened use of a weapon of mass
destruction that the offender
did not possess or have the ability
to use a weapon of mass
destruction or that what was represented
to be a weapon of mass
destruction was not a weapon of mass
destruction.
(2) Any act that is a violation of this section and any
other
section of the Revised Code may be prosecuted under this
section,
the other section, or both sections.
(E) As used in this section:
(1) "Economic harm" means
any of the following:
(a) All direct, incidental,
and
consequential pecuniary harm
suffered by a victim as a result of
criminal
conduct. "Economic
harm"
as described in this division includes, but is not limited
to, all of the
following:
(i) All wages, salaries, or other compensation lost as a
result of the
criminal conduct;
(ii) The cost of all wages, salaries, or other
compensation
paid
to employees for time those employees are
prevented from
working
as a result of the criminal conduct;
(iii) The overhead costs incurred for the time that a
business
is shut down as a result of the criminal conduct;
(iv) The loss of value to tangible or intangible property
that was damaged as a result of the criminal conduct.
(b) All costs incurred by the state or any political
subdivision as a result of, or in making any response to, the
criminal conduct that constituted the violation of this section or
section 2917.32 of the Revised Code, including, but not limited
to, all costs so incurred by any law enforcement officers,
firefighters, rescue personnel, or emergency medical services
personnel of the state or the political subdivision.
(2) "School" means any school operated
by a board of
education or any school for which the state board of education
prescribes minimum standards under
section 3301.07 of the Revised
Code, whether or not any
instruction, extracurricular activities,
or training provided by the school is
being conducted at the time
a violation of this section is committed.
(3) "Weapon of mass destruction" means any of the following:
(a) Any weapon that is designed or intended to cause death
or
serious physical harm through the release, dissemination, or
impact of toxic or poisonous chemicals, or their precursors;
(b) Any weapon involving a disease organism or biological
agent;
(c) Any weapon that is designed to release radiation or
radioactivity at a level dangerous to human life;
(d) Any of the following, except to the extent that the item
or device in question is expressly excepted from the definition of
"destructive device" pursuant to 18 U.S.C. 921(a)(4) and
regulations issued under that section:
(i) Any explosive, incendiary, or poison gas bomb, grenade,
rocket having a propellant charge of more than four ounces,
missile having an explosive or incendiary charge of more than
one-quarter ounce, mine, or similar device;
(ii) Any combination of parts either designed or intended
for
use in converting any item or device into any item or device
described in division (E)(3)(d)(i) of this section and
from which
an item or device described in that division may be readily
assembled.
(4) "Biological agent" has the same meaning as in section
2917.33 of the Revised Code.
(5) "Emergency medical services personnel" has the same
meaning as in section 2133.21 of the Revised Code.
(6) "Institution of higher education" means any of the
following:
(a) A state university or college as defined in division
(A)(1) of section 3345.12 of the Revised Code, community college,
state community college, university branch, or technical college;
(b) A private, nonprofit college, university or other
post-secondary institution located in this state that possesses a
certificate of authorization issued by the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code;
(c) A post-secondary institution with a certificate of
registration issued by the state board of career colleges and
schools under Chapter 3332. of the Revised Code.
Sec. 2917.32. (A) No person shall do any of the
following:
(1) Initiate or circulate a report or warning of an
alleged
or impending fire, explosion, crime, or other
catastrophe, knowing
that the report or warning is false and
likely to cause public
inconvenience or alarm;
(2) Knowingly cause a false alarm of fire or other
emergency
to be transmitted to or within any organization, public
or
private, for dealing with emergencies involving a risk of
physical
harm to persons or property;
(3) Report to any law enforcement agency an alleged
offense
or other incident within its concern, knowing that such
offense
did not occur.
(B) This section does not apply to any person conducting
an
authorized fire or emergency drill.
(C)(1) Whoever violates this section is guilty of making
false alarms.
(2) Except
as otherwise provided in
division
(C)(3),
(4),
(5), or (6) of this section, making false alarms is a
misdemeanor
of the first degree.
(3) Except as otherwise provided in division (C)(4) of this
section, if a violation of this section results in economic harm
of five seven hundred fifty dollars
or more but less than five
thousand
dollars, making false alarms is a felony
of the fifth
degree.
(4) If a violation of this section pertains to a
purported,
threatened, or actual use of a weapon of mass
destruction, making
false alarms is a felony of the
third degree.
(5) If
a violation of this section results in economic harm
of five thousand dollars or more but less than one hundred
thousand dollars
and if division (C)(4) of this section does not
apply,
making false alarms is a felony of the fourth
degree.
(6) If
a violation of this
section results in economic harm
of one hundred thousand dollars or more,
making false alarms is a
felony of the third degree.
(D)(1) It is not a defense to a
charge under this section
that pertains to a purported or
threatened use of a weapon of mass
destruction that the offender
did not possess or have the ability
to use a weapon of mass
destruction or that what was represented
to be a weapon of mass
destruction was not a weapon of mass
destruction.
(2) Any act that is a violation of this section and any
other
section of the Revised Code may be prosecuted under this
section,
the other section, or both sections.
(E) As used in this section, "economic harm" and "weapon
of
mass destruction" have the
same meanings as in
section 2917.31
of
the Revised Code.
Sec. 2919.21. (A) No person shall abandon, or fail to
provide adequate support to:
(1) The person's spouse, as required by law;
(2) The person's child who is
under age eighteen, or mentally
or physically handicapped child
who is under age twenty-one;
(3) The person's aged or infirm parent or adoptive parent,
who from lack of ability and means is unable to provide
adequately
for the parent's own support.
(B) No person shall abandon, or fail to provide support as
established by a
court order to, another person whom, by court
order or decree, the person is
legally obligated to support.
(C) No person shall aid, abet, induce, cause, encourage,
or
contribute to a child or a ward of the juvenile court becoming
a
dependent child, as defined in section 2151.04 of the Revised
Code, or a neglected child, as defined in section 2151.03 of the
Revised Code.
(D) It is an affirmative defense to a charge of failure to
provide adequate
support under division (A) of this section or a
charge of failure to provide
support established by a court order
under division (B) of this section that
the accused was unable to
provide adequate support or the established support
but did
provide the support that was within the accused's ability and
means.
(E) It is an affirmative defense to a charge under
division
(A)(3) of this section that the parent abandoned the
accused or
failed to support the accused as required by law,
while the
accused was under age eighteen, or was mentally or
physically
handicapped and under age twenty-one.
(F) It is not a defense to a charge under division (B) of
this section that
the person whom a court has ordered the accused
to support is being adequately
supported by someone other than the
accused.
(G)(1) Except as otherwise provided in this division, whoever
violates
division (A) or (B) of this section is guilty of
nonsupport of dependents, a
misdemeanor of the first degree. If
the offender previously has been
convicted of or
pleaded guilty to
a violation of division (A)(2) or (B) of this section
or if the
offender has failed to
provide support under division (A)(2) or
(B) of this section for a total
accumulated period of twenty-six
weeks out of one hundred four
consecutive weeks, whether or not
the twenty-six weeks were
consecutive, then a violation of
division (A)(2) or (B) of this section
is a felony of the fifth
degree. If the offender previously has been
convicted of or
pleaded guilty to a felony violation of this section, a
violation
of division (A)(2) or (B) of this section is a felony of the
fourth
degree. If
If the violation of division (A)(2) or (B) of this section is
a felony of the fourth or fifth degree, the court shall sentence
the offender to one or more community control sanctions authorized
under section 2929.16, 2929.17, or 2929.18 of the Revised Code. If
the court imposes a nonresidential sanction under section 2929.17
of the Revised Code, the court shall include as a condition of the
sanction that the offender participate in and complete a community
corrections program, as established under sections 5149.30 to
5149.37 of the Revised Code, unless the offender has previously
participated in a community corrections program within the past
three years, if available in the county in which
the court
imposing the sentence is located.
(2) If the offender is guilty of nonsupport of dependents by
reason of
failing to provide support to the offender's child as
required by a child
support order issued on or after April 15,
1985, pursuant to section 2151.23,
2151.231, 2151.232, 2151.33,
3105.21,
3109.05, 3111.13, 3113.04, 3113.31, or 3115.31 of the
Revised
Code, the court, in addition to any other sentence
imposed, shall
assess all court costs arising out of the charge
against the
person and require the person to pay any reasonable
attorney's
fees of any adverse party other than the state, as
determined by
the court, that arose in relation to the charge.
(2)(3) Whoever violates division (C) of this section is
guilty of contributing
to the nonsupport of dependents, a
misdemeanor of the first
degree. Each day of violation of division
(C) of this section is
a separate offense.
Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the
Revised Code:
(A) "Public official" means any elected or appointed officer,
or employee, or agent of the state or any political subdivision,
whether in a temporary or permanent capacity, and includes, but is
not limited to, legislators, judges, and law enforcement officers.
(B) "Public servant" means any of the following:
(2) Any person performing ad hoc a governmental function,
including, but not limited to, a juror, member of a temporary
commission, master, arbitrator, advisor, or consultant;
(3) A person who is a candidate for public office, whether or
not the person is elected or appointed to the office for which the
person is a candidate. A person is a candidate for purposes of
this division if the person has been nominated according to law
for election or appointment to public office, or if the person has
filed a petition or petitions as required by law to have the
person's name placed on the ballot in a primary, general, or
special election, or if the person campaigns as a write-in
candidate in any primary, general, or special election.
(C) "Party official" means any person who holds an elective
or appointive post in a political party in the United States or
this state, by virtue of which the person directs, conducts, or
participates in directing or conducting party affairs at any level
of responsibility.
(D) "Official proceeding" means any proceeding before a
legislative, judicial, administrative, or other governmental
agency or official authorized to take evidence under oath, and
includes any proceeding before a referee, hearing examiner,
commissioner, notary, or other person taking testimony or a
deposition in connection with an official proceeding.
(E) "Detention" means arrest; confinement in any vehicle
subsequent to an arrest; confinement in any public or private
facility for custody of persons charged with or convicted of crime
in this state or another state or under the laws of the United
States or alleged or found to be a delinquent child or unruly
child in this state or another state or under the laws of the
United States; hospitalization, institutionalization, or
confinement in any public or private facility that is ordered
pursuant to or under the authority of section 2945.37, 2945.371,
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised
Code; confinement in any vehicle for transportation to or from any
facility of any of those natures; detention for extradition or
deportation; except as provided in this division, supervision by
any employee of any facility of any of those natures that is
incidental to hospitalization, institutionalization, or
confinement in the facility but that occurs outside the facility;
supervision by an employee of the department of rehabilitation and
correction of a person on any type of release from a state
correctional institution; or confinement in any vehicle, airplane,
or place while being returned from outside of this state into this
state by a private person or entity pursuant to a contract entered
into under division (E) of section 311.29 of the Revised Code or
division (B) of section 5149.03 of the Revised Code. For a person
confined in a county jail who participates in a county jail
industry program pursuant to section 5147.30 of the Revised Code,
"detention" includes time spent at an assigned work site and going
to and from the work site.
(F) "Detention facility" means any public or private place
used for the confinement of a person charged with or convicted of
any crime in this state or another state or under the laws of the
United States or alleged or found to be a delinquent child or
unruly child in this state or another state or under the laws of
the United States.
(G) "Valuable thing or valuable benefit" includes, but is not
limited to, a contribution. This inclusion does not indicate or
imply that a contribution was not included in those terms before
September 17, 1986.
(H) "Campaign committee," "contribution," "political action
committee," "legislative campaign fund," "political party," and
"political contributing entity" have the same meanings as in
section 3517.01 of the Revised Code.
(I) "Provider agreement" and "medical assistance program"
have the same meanings as in section 2913.40 of the Revised Code.
Sec. 2921.13. (A) No person shall knowingly make a false
statement, or knowingly swear or affirm the truth of a false
statement previously made, when any of the following applies:
(1) The statement is made in any official proceeding.
(2) The statement is made with purpose to incriminate
another.
(3) The statement is made with purpose to mislead a public
official in performing the public official's official function.
(4) The statement is made with purpose to secure the payment
of unemployment
compensation; Ohio works
first; prevention,
retention, and contingency benefits and services;
disability
financial
assistance;
retirement benefits;
economic development
assistance,
as defined
in section 9.66 of the Revised
Code; or
other benefits
administered by a governmental agency
or paid
out
of a public
treasury.
(5) The statement is made with purpose to secure the
issuance
by a governmental agency of a license, permit,
authorization,
certificate, registration, release, or provider
agreement.
(6) The statement is sworn or affirmed before a notary
public
or another person empowered to administer oaths.
(7) The statement is in writing on or in connection with a
report or return that is required or authorized by law.
(8) The statement is in writing and is made with purpose
to
induce another to extend credit to or employ the offender, to
confer any
degree, diploma, certificate of attainment, award
of
excellence, or honor on the offender, or to extend to or
bestow
upon the offender any other valuable benefit or
distinction, when
the person to whom the statement is directed
relies upon it to
that person's detriment.
(9) The statement is made with purpose to commit or
facilitate the commission of a theft offense.
(10) The statement is knowingly made to a probate court in
connection with any action, proceeding, or other matter within
its
jurisdiction, either orally or in a written document,
including,
but not limited to, an application, petition,
complaint, or other
pleading, or an inventory, account, or
report.
(11) The statement is made on an account, form, record,
stamp, label, or
other writing that is required by law.
(12) The statement is made in connection with the
purchase
of
a firearm, as defined in
section 2923.11 of the Revised Code,
and
in conjunction
with the furnishing to the seller of the
firearm of
a fictitious or altered
driver's or commercial driver's
license or
permit, a fictitious or altered
identification card, or
any other
document that contains false information
about the
purchaser's
identity.
(13) The statement is made in a document or instrument of
writing
that purports to be a judgment, lien, or claim of
indebtedness and is filed or
recorded with the secretary of state,
a county recorder, or the clerk of a
court of record.
(14) The statement is made with purpose to obtain an Ohio's
best Rx program enrollment card under section 173.773 of the
Revised Code or a payment under section 173.801 of the Revised
Code.
(15) The statement is made in an application filed with
a
county sheriff pursuant to section 2923.125 of the
Revised Code in
order to obtain or renew a license
to carry a concealed handgun or
is made in an affidavit submitted to a county sheriff to obtain a
temporary emergency license to carry a concealed handgun under
section 2923.1213 of the Revised Code.
(16)(15) The statement is required under section 5743.71
of
the
Revised Code in connection with the person's purchase of
cigarettes or tobacco products in a delivery sale.
(B) No person, in connection with the purchase of a firearm,
as
defined in section 2923.11 of the
Revised Code, shall knowingly
furnish to the seller of the
firearm a fictitious or altered
driver's or commercial driver's license or
permit, a fictitious or
altered identification card, or any other document
that contains
false information about the purchaser's identity.
(C)
No person, in an attempt to obtain a license to carry a
concealed handgun under section 2923.125 of the Revised Code,
shall knowingly present to a sheriff a fictitious
or altered
document that purports to be certification of the person's
competence
in handling a handgun as described in division (B)(3)
of section 2923.125 of the Revised Code.
(D) It is no defense to a charge under division (A)(6) of
this section that the oath or affirmation was administered or
taken in an irregular manner.
(E) If contradictory statements relating to the same
fact
are
made by the offender within the period of the statute of
limitations for falsification, it is not necessary for the
prosecution to prove which statement was false but only that one
or the other was false.
(F)(1) Whoever violates division (A)(1), (2), (3), (4),
(5),
(6), (7), (8), (10), (11), (13), (14), or (16)(15)
of this section
is
guilty
of
falsification, a misdemeanor of the first degree.
(2) Whoever violates division (A)(9) of this section is
guilty of falsification in a theft offense. Except as otherwise
provided in
this division, falsification in a theft
offense is a
misdemeanor of the first degree. If the value of the property or
services stolen is five seven hundred fifty dollars or more and is
less than
five thousand
dollars, falsification in a theft offense
is a
felony of the fifth degree. If
the value of the property or
services stolen is five thousand dollars or more
and is less than
one hundred thousand dollars, falsification in a theft
offense is
a felony of the fourth degree. If the value of the property or
services stolen is one hundred thousand dollars or more,
falsification in a
theft offense is a felony of the third degree.
(3) Whoever violates division (A)(12)
or (B) of this
section
is guilty of falsification to purchase a firearm, a
felony
of the
fifth degree.
(4) Whoever violates division (A)(15)(14) or
(C) of this
section
is guilty of falsification to obtain
a concealed handgun
license,
a felony of the fourth degree.
(G) A person who violates this section is liable in a civil
action to any person harmed by the violation for injury, death, or
loss to
person
or property incurred as a result of the commission
of the offense and for
reasonable attorney's fees, court costs,
and other expenses incurred as a
result of prosecuting the civil
action commenced under this division. A civil
action under this
division is not the exclusive remedy of a person who incurs
injury, death, or loss to person or property as a result of a
violation of
this section.
Sec. 2921.41. (A) No public official or party official
shall
commit any theft offense, as defined in division (K) of
section
2913.01 of the Revised Code, when either of the following
applies:
(1) The offender uses the offender's office in aid of
committing the
offense or permits or assents to its use in aid of
committing the
offense;
(2) The property or service involved is owned by this
state,
any other state, the United States, a county, a municipal
corporation, a township, or any political subdivision,
department,
or agency of any of them, is owned by a political
party, or is
part of a political campaign fund.
(B) Whoever violates this section is guilty of theft in
office. Except as otherwise provided in this division, theft in
office is a
felony of the fifth degree. If the value of property
or services stolen is
five seven hundred fifty dollars or more
and is
less
than five thousand dollars, theft in
office is a
felony of
the
fourth degree. If the value of property or services
stolen is
five
thousand dollars or more, theft in office is a
felony of
the
third
degree.
(C)(1) A public official or party official who pleads guilty
to theft in office and whose
plea is accepted
by the court or a
public official or party
official against whom
a verdict or
finding of guilt for committing
theft in office is
returned is
forever
disqualified
from holding
any public office,
employment,
or
position of trust
in this state.
(2)(a) A court that imposes sentence for a violation of
this
section based on conduct described in division (A)(2) of
this
section shall require the public official or party official
who is
convicted of or pleads guilty to the offense to make
restitution
for all of the property or the service that is the
subject of the
offense, in addition to the term of imprisonment
and any fine
imposed. A court that imposes sentence for a
violation of this
section based on conduct described in division
(A)(1) of this
section and that determines at trial that this
state or a
political subdivision of this state if the offender is
a public
official, or a political party in the United States or
this state
if the offender is a party official, suffered actual
loss as a
result of the offense shall require the offender to
make
restitution to the state, political subdivision, or
political
party for all of the actual loss experienced, in
addition to the
term of imprisonment and any fine imposed.
(b)(i) In any case in which a sentencing court is required
to
order restitution under division (C)(2)(a) of this section and
in
which the offender, at the time of the commission of the
offense
or at any other time, was a member of the public
employees
retirement system, the Ohio police and fire
pension fund, the
state teachers retirement system, the
school employees retirement
system, or the state highway patrol
retirement system; was an
electing employee, as defined in
section
3305.01 of the Revised
Code, participating in an alternative retirement plan
provided
pursuant to Chapter 3305. of the Revised Code; was a participating
employee or continuing
member, as defined in section 148.01 of the
Revised
Code, in a
deferred compensation program offered by the
Ohio public
employees deferred compensation board; was an officer
or
employee
of a municipal corporation who was a participant in a
deferred
compensation program offered by that municipal
corporation; was
an
officer or employee of a government unit, as
defined in section
148.06 of the Revised Code, who was a
participant in a
deferred
compensation program offered by that
government unit, or was a
participating employee, continuing
member, or participant in any
deferred compensation program
described in this division and a
member of a retirement system
specified in this division or a
retirement system of a municipal
corporation, the entity to which
restitution is to be made may
file a motion with the sentencing
court specifying any retirement
system, any provider as defined in
section 3305.01 of the Revised
Code, and any deferred
compensation program of which
the offender
was a member, electing
employee, participating
employee,
continuing member, or participant
and requesting the
court to
issue an order requiring the specified
retirement system,
the
specified
provider under the
alternative retirement plan, or
the
specified deferred compensation
program, or, if more than one
is
specified in the
motion, the applicable combination of these,
to
withhold the
amount
required as restitution from any payment
that
is to be made under
a pension, annuity, or allowance, under
an
option in the alternative
retirement plan, under a participant
account, as
defined in section 148.01 of the Revised Code, or
under
any other
type of benefit, other than a survivorship
benefit, that has been
or is in the future granted to the
offender, from any payment of
accumulated employee contributions
standing to the offender's
credit with that retirement system,
that provider
of the option under
the alternative retirement
plan,
or that deferred compensation
program, or, if more than one
is
specified in the
motion, the applicable combination of
these,
and
from any payment of
any other amounts to be paid to the
offender
upon the offender's withdrawal
of the offender's
contributions
pursuant to Chapter 145., 148., 742.,
3307.,
3309.,
or 5505. of
the Revised Code. A motion described in this
division
may be filed
at any time subsequent to the conviction of
the
offender or entry
of a guilty plea. Upon the filing of
the
motion, the clerk of the
court in which the motion is filed
shall
notify the offender, the
specified retirement system, the
specified
provider under the
alternative
retirement plan, or the
specified deferred
compensation program, or, if more than
one is
specified in the
motion, the applicable combination of these,
in
writing, of all of
the
following: that the motion was filed; that
the offender will
be
granted a hearing on the issuance of the
requested order if the
offender files a written request for a
hearing with the clerk
prior to the expiration of thirty days
after the offender
receives
the notice; that, if a hearing is
requested, the court
will
schedule a hearing as soon as possible
and notify the
offender,
any specified retirement system, any
specified provider under an
alternative retirement plan, and any
specified
deferred
compensation program of the date, time, and
place of the
hearing;
that, if a hearing is conducted, it will be
limited only
to a
consideration of whether the offender can show
good cause
why the
requested order should not be issued; that, if
a hearing
is
conducted, the court will not issue the requested
order if the
court determines, based on evidence presented at the
hearing by
the offender, that there is good cause for the
requested order
not
to be issued; that the court will issue the
requested order
if a
hearing is not requested or if a hearing is
conducted but
the
court does not determine, based on evidence
presented at the
hearing by the offender, that there is good cause
for the
requested order not to be issued; and that, if the
requested
order
is issued, any retirement system, any provider
under an
alternative retirement plan, and any
deferred
compensation program
specified in the motion will be required to
withhold the amount
required as restitution from payments to the
offender.
(ii) In any case in which a sentencing court is required
to
order restitution under division (C)(2)(a) of this section and
in
which a motion requesting the issuance of a withholding order
as
described in division (C)(2)(b)(i) of this section is filed,
the
offender may receive a hearing on the motion by delivering a
written request for a hearing to the court prior to the
expiration
of thirty days after the offender's receipt of the
notice provided
pursuant to division (C)(2)(b)(i) of this
section. If a request
for a hearing is made by the offender
within the prescribed time,
the court shall schedule a hearing as
soon as possible after the
request is made and shall notify the
offender, the specified
retirement system, the specified provider under the alternative
retirement plan, or the
specified deferred
compensation program,
or, if more than one is specified
in the motion, the
applicable
combination of these, of the date, time, and place of
the hearing.
A hearing scheduled
under this division shall be limited to a
consideration of
whether there is good cause, based on evidence
presented by the
offender, for the requested order not to be
issued. If the court
determines, based on evidence presented by
the offender, that
there is good cause for the order not to be
issued, the court
shall deny the motion and shall not issue the
requested order.
If the offender does not request a hearing
within the prescribed
time or if the court conducts a hearing but
does not determine,
based on evidence presented by the offender,
that there is good
cause for the order not to be issued, the court
shall order the
specified retirement system, the specified
provider under the alternative retirement plan, or the specified
deferred
compensation program, or, if more than one is specified
in the motion, the applicable
combination of these, to withhold
the amount required as restitution under division (C)(2)(a) of
this section from any payments to be made under a pension,
annuity, or allowance, under a participant account,
as defined in
section 148.01 of the Revised Code,
under an option in the
alternative retirement plan,
or under any other
type of
benefit,
other than a survivorship benefit, that has been or is
in the
future granted to the offender, from any payment of
accumulated
employee contributions standing to the offender's
credit with that
retirement system, that
provider under the alternative retirement
plan, or that deferred
compensation program, or, if more than one
is specified in the
motion, the applicable combination of these,
and from any payment of
any other amounts to be paid to the
offender upon the offender's withdrawal
of the offender's
contributions pursuant to Chapter 145., 148., 742.,
3307.,
3309.,
or 5505. of the Revised Code, and to continue the
withholding for
that purpose, in accordance with the order, out
of each payment to
be made on or after the date of issuance of
the order, until
further order of the court. Upon receipt of an
order issued under
this division, the public employees retirement
system, the Ohio
police and
fire pension fund, the
state teachers retirement
system, the school employees retirement
system, the state highway
patrol retirement system, a municipal
corporation retirement
system, the
provider under the
alternative retirement plan, and
the deferred compensation
program offered by the Ohio public
employees deferred
compensation board, a municipal corporation, or
a government
unit, as defined in section 148.06 of the Revised
Code,
whichever
are applicable, shall withhold the amount required
as
restitution, in accordance with the order, from any such
payments
and immediately shall forward the amount withheld to the
clerk of
the court in which the order was issued for payment to
the entity
to which restitution is to be made.
(iii) Service of a notice required by division
(C)(2)(b)(i)
or (ii) of this section shall be effected in the
same manner as
provided in the Rules of Civil Procedure for the
service of
process.
(D) Upon the filing of charges against a person under this
section, the prosecutor, as defined in section 2935.01 of the
Revised Code, who is assigned the case shall send written notice
that charges have been filed against that person to the public
employees retirement system, the Ohio police and fire
pension
fund, the state teachers retirement system, the
school employees
retirement system, the state highway patrol
retirement system, the
provider
under an alternative
retirement plan, any municipal
corporation retirement system in
this state, and the deferred
compensation program offered by the
Ohio public employees deferred
compensation board, a municipal
corporation, or a government unit,
as defined in section
148.06 of the Revised Code. The written
notice shall specifically
identify the person charged.
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of
the
Revised Code:
(A) "Beneficial interest" means any of the following:
(1) The interest of a person as a beneficiary under a
trust
in which the trustee holds title to personal or real
property;
(2) The interest of a person as a beneficiary under any
other
trust arrangement under which any other person holds title
to
personal or real property for the benefit of such person;
(3) The interest of a person under any other form of
express
fiduciary arrangement under which any other person holds
title to
personal or real property for the benefit of such person.
"Beneficial interest" does not include the interest of a
stockholder in a corporation or the interest of a partner in
either a general or limited partnership.
(B) "Costs of investigation and prosecution" and "costs of
investigation and litigation" mean all of the costs incurred by
the state or a county or municipal corporation under sections
2923.31 to 2923.36 of the Revised Code in the prosecution and
investigation of any criminal action or in the litigation and
investigation of any civil action, and includes, but is not
limited to, the costs of resources and personnel.
(C) "Enterprise" includes any individual, sole
proprietorship, partnership, limited partnership, corporation,
trust, union, government agency, or other legal entity, or any
organization, association, or group of persons associated in fact
although not a legal entity. "Enterprise" includes illicit as
well
as licit enterprises.
(D) "Innocent person" includes any bona fide purchaser of
property that is allegedly involved in a violation of section
2923.32 of the Revised Code, including any person who establishes
a valid claim to or interest in the property in accordance with
division (E) of section 2981.04 of the Revised Code, and any
victim of an alleged violation of that section or of any
underlying offense involved in an alleged violation of that
section.
(E) "Pattern of corrupt activity" means two or more
incidents
of corrupt activity, whether or not there has been a
prior
conviction, that are related to the affairs of the same
enterprise, are not isolated, and are not so closely related to
each other and connected in time and place that they constitute a
single event.
At least one of the incidents forming the pattern shall
occur
on or after January 1, 1986. Unless any incident was an
aggravated
murder or murder, the last of the incidents forming
the
pattern
shall occur within six years after the commission of
any
prior
incident forming the pattern, excluding any period of
imprisonment
served by any person engaging in the corrupt
activity.
For the purposes of the criminal penalties that may be
imposed pursuant to section 2923.32 of the Revised Code, at least
one of the incidents forming the pattern shall constitute a
felony
under the laws of this state in existence at the time it was
committed or, if committed in violation
of the laws of the United
States or of any other state, shall
constitute a felony under the
law of the United States or
the other state and would be a
criminal offense under the law of this
state if committed in this
state.
(F) "Pecuniary value" means money, a negotiable
instrument,
a
commercial interest, or anything of value, as
defined in section
1.03 of the Revised Code, or any other
property or service that
has a value in excess of one hundred
dollars.
(G) "Person" means any person, as defined in section 1.59
of
the Revised Code, and any governmental officer, employee, or
entity.
(H) "Personal property" means any personal property, any
interest in personal property, or any right, including, but not
limited to, bank accounts, debts, corporate stocks, patents, or
copyrights. Personal property and any beneficial interest in
personal property are deemed to be located where the trustee of
the property, the personal property, or the instrument evidencing
the right is located.
(I) "Corrupt activity" means engaging in, attempting to
engage in, conspiring to engage in, or soliciting, coercing, or
intimidating another person to engage in any of the following:
(1) Conduct defined as "racketeering activity" under the
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;
(2) Conduct constituting any of the following:
(a) A violation of section 1315.55, 1322.02, 2903.01,
2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,
2905.11,
2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,
2911.01,
2911.02, 2911.11, 2911.12,
2911.13, 2911.31, 2913.05,
2913.06,
2921.02, 2921.03,
2921.04,
2921.11, 2921.12, 2921.32,
2921.41, 2921.42, 2921.43,
2923.12, or
2923.17; division
(F)(1)(a), (b), or (c) of section
1315.53;
division (A)(1) or (2)
of section 1707.042; division (B),
(C)(4),
(D), (E), or (F) of
section 1707.44; division
(A)(1) or (2) of
section 2923.20;
division (J)(1) of
section 4712.02; section
4719.02, 4719.05, or
4719.06; division (C), (D), or
(E) of section
4719.07; section
4719.08; or division (A) of section 4719.09 of
the Revised Code.
(b) Any violation of section 3769.11, 3769.15, 3769.16, or
3769.19 of the
Revised Code as it existed prior to July 1, 1996,
any violation of section 2915.02 of the Revised Code that occurs
on or after
July 1, 1996, and that, had it occurred prior to that
date, would have been a
violation of section 3769.11 of the
Revised Code
as it existed prior to that date, or any violation of
section 2915.05 of the
Revised Code that occurs on or after July
1, 1996, and
that, had it occurred prior to that date, would
have
been a violation of section 3769.15, 3769.16, or 3769.19 of the
Revised
Code as it existed prior to that date.
(c) Any violation of section 2907.21, 2907.22, 2907.31,
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37
of the
Revised Code, any violation of section 2925.11 of the
Revised Code that is a
felony of the first, second, third, or
fourth degree and that occurs on or
after July 1, 1996, any
violation of section 2915.02 of the Revised Code
that occurred
prior to July 1, 1996, any violation of section 2915.02 of the
Revised Code that occurs on or after July 1, 1996, and that, had
it occurred
prior to that date, would not
have been a violation of
section 3769.11 of the Revised Code as it existed
prior to that
date, any violation of section 2915.06 of the Revised Code as it
existed prior to July 1, 1996, or any violation of
division (B) of
section 2915.05 of the Revised Code as it
exists on and after July
1, 1996, when the proceeds of the violation, the
payments made in
the violation, the amount of a claim for payment or for
any other
benefit that is false or deceptive and that is involved
in the
violation, or the value of the contraband or other
property
illegally possessed, sold, or purchased in the violation
exceeds
five seven hundred fifty dollars, or any combination of
violations described
in
division (I)(2)(c) of this section when
the total proceeds of
the combination
of violations, payments made
in the combination of
violations,
amount of the claims for payment
or for other benefits
that is
false or deceptive and that is
involved in the combination
of
violations, or value of the
contraband or other property
illegally possessed, sold, or
purchased in the combination of
violations exceeds five seven
hundred
fifty dollars;
(d) Any violation of section 5743.112 of the Revised Code
when the amount of unpaid tax exceeds one hundred dollars;
(e) Any violation or combination of violations of section
2907.32 of the Revised Code involving any material or performance
containing a display of bestiality or of sexual conduct, as
defined in section 2907.01 of the Revised Code, that is explicit
and depicted with clearly visible penetration of the genitals or
clearly visible penetration by the penis of any orifice when the
total proceeds of the violation or combination of violations, the
payments made in the violation or combination of violations, or
the value of the contraband or other property illegally
possessed,
sold, or purchased in the violation or combination of
violations
exceeds five seven hundred fifty dollars;
(f) Any combination of violations described in division
(I)(2)(c) of this
section and violations of section
2907.32 of the
Revised Code involving any material or performance
containing a
display of bestiality or of sexual conduct, as
defined in section
2907.01 of the Revised Code, that is explicit
and depicted with
clearly visible penetration of the genitals or
clearly visible
penetration by the penis of any orifice when the
total proceeds of
the combination of violations, payments made in
the combination of
violations, amount of the claims for payment
or for other benefits
that is false or deceptive and that is
involved in the combination
of violations, or value of the
contraband or other property
illegally possessed, sold, or
purchased in the combination of
violations exceeds five seven hundred
fifty dollars.
(3) Conduct constituting a violation of any law of any
state
other than this state that is substantially similar to the
conduct
described in division (I)(2) of this section, provided
the
defendant was convicted of the conduct in a criminal
proceeding in
the other state;
(4) Animal or ecological terrorism;
(5)(a) Conduct constituting any of the following:
(i) Organized retail theft;
(ii) Conduct that constitutes one or more violations of any
law of any state other than this state, that is substantially
similar to organized retail theft, and that if committed in this
state would be organized retail theft, if the defendant was
convicted of or pleaded guilty to the conduct in a criminal
proceeding in the other state.
(b) By enacting division (I)(5)(a) of this section, it is the
intent of the general assembly to add organized retail theft and
the conduct described in division (I)(5)(a)(ii) of this section as
conduct constituting corrupt activity. The enactment of division
(I)(5)(a) of this section and the addition by division (I)(5)(a)
of this section of organized retail theft and the conduct
described in division (I)(5)(a)(ii) of this section as conduct
constituting corrupt activity does not limit or preclude, and
shall not be construed as limiting or precluding, any prosecution
for a violation of section 2923.32 of the Revised Code that is
based on one or more violations of section 2913.02 or 2913.51 of
the Revised Code, one or more similar offenses under the laws of
this state or any other state, or any combination of any of those
violations or similar offenses, even though the conduct
constituting the basis for those violations or offenses could be
construed as also constituting organized retail theft or conduct
of the type described in division (I)(5)(a)(ii) of this section.
(J) "Real property" means any real property or any
interest
in real property, including, but not limited to, any
lease of, or
mortgage upon, real property. Real property and any
beneficial
interest in it is deemed to be located where the real
property is
located.
(K) "Trustee" means any of the following:
(1) Any person acting as trustee under a trust in which
the
trustee holds title to personal or real property;
(2) Any person who holds title to personal or real
property
for which any other person has a beneficial interest;
(3) Any successor trustee.
"Trustee" does not include an assignee or trustee for an
insolvent debtor or an executor, administrator, administrator
with
the will annexed, testamentary trustee, guardian, or
committee,
appointed by, under the control of, or accountable
to a court.
(L) "Unlawful debt" means any money or other thing of
value
constituting principal or interest of a debt that is
legally
unenforceable in this state in whole or in part because
the debt
was incurred or contracted in violation of any federal
or state
law relating to the business of gambling activity or
relating to
the business of lending money at an usurious rate
unless the
creditor proves, by a preponderance of the evidence,
that the
usurious rate was not intentionally set and that it
resulted from
a good faith error by the creditor, notwithstanding
the
maintenance of procedures that were adopted by the creditor
to
avoid an error of that nature.
(M) "Animal activity" means any activity that involves the
use of animals or animal parts, including, but not limited to,
hunting, fishing, trapping, traveling, camping, the production,
preparation, or processing of food or food products, clothing or
garment manufacturing, medical research, other research,
entertainment, recreation, agriculture, biotechnology, or service
activity that involves the use of animals or animal parts.
(N) "Animal facility" means a vehicle, building, structure,
nature preserve, or other premises in which an animal is lawfully
kept, handled, housed, exhibited, bred, or offered for sale,
including, but not limited to, a zoo, rodeo, circus, amusement
park, hunting preserve, or premises in which a horse or dog event
is held.
(O) "Animal or ecological terrorism" means the commission of
any felony that involves causing or creating a substantial risk of
physical harm to any property of another, the use of a deadly
weapon or dangerous ordnance, or purposely, knowingly, or
recklessly causing serious physical harm to property and that
involves an intent to obstruct, impede, or deter any person from
participating in a lawful animal activity, from mining, foresting,
harvesting, gathering, or processing natural resources, or from
being lawfully present in or on an animal facility or research
facility.
(P) "Research facility" means a place, laboratory,
institution, medical care facility, government facility, or public
or private educational institution in which a scientific test,
experiment, or investigation involving the use of animals or other
living organisms is lawfully carried out, conducted, or
attempted.
(Q) "Organized retail theft" means the theft of retail
property with a retail value of five hundred dollars or more from
one or more retail establishments with the intent to sell,
deliver, or
transfer that property to a retail property fence.
(R) "Retail property" means any tangible personal property
displayed, held, stored, or offered for sale in or by a retail
establishment.
(S) "Retail property fence" means a person who possesses,
procures, receives, or conceals retail property that was
represented to the person as being stolen or that the person knows
or believes to be stolen.
(T) "Retail value" means the full retail value of the retail
property. In determining whether the retail value of retail
property equals or exceeds five hundred dollars, the value of all
retail property stolen from the retail establishment or retail
establishments by the same
person or persons within any
one-hundred-eighty-day period shall
be aggregated.
Sec. 2929.17. Except as provided in this section, the court
imposing a sentence for a
felony
upon an offender who is not
required to serve a mandatory
prison
term may impose any
nonresidential sanction or combination
of
nonresidential sanctions
authorized under this section.
If the
court imposes one or more
nonresidential sanctions authorized
under
this section, the court
shall impose
as a condition of the
sanction that, during the
period of the nonresidential
sanction,
the offender shall abide by
the law and shall not leave the state
without the permission of
the court or the offender's probation
officer.
The court imposing a sentence for a fourth degree felony
OVI
offense under division (G)(1) or (2)
of section 2929.13 of the
Revised
Code or for a third degree felony OVI offense under
division (G)(2) of that section may impose upon the offender, in
addition to the
mandatory
term of local incarceration or mandatory
prison term imposed under the applicable
division,
a
nonresidential
sanction or combination of nonresidential
sanctions
under this section, and
the offender shall serve or
satisfy the
sanction or combination of sanctions
after the
offender has served
the mandatory term of local incarceration or mandatory prison term
required for the
offense. The court shall not impose a term in a
drug treatment program as described in division (D) of this
section until after considering an assessment by a properly
credentialed treatment professional, if available. Nonresidential
sanctions
include, but
are not
limited
to, the following:
(A) A term of day reporting;
(B) A term of
house arrest
with
electronic monitoring or
continuous alcohol monitoring or both electronic monitoring and
continuous alcohol monitoring, a
term
of electronic monitoring or
continuous alcohol monitoring without
house arrest, or a term of
house
arrest without electronic
monitoring or continuous alcohol
monitoring;
(C) A term of community service of up to five hundred
hours
pursuant to division
(B) of section 2951.02 of the
Revised Code
or, if the court determines that the
offender is financially
incapable of fulfilling a financial
sanction described in section
2929.18 of the Revised
Code, a term of community service as an
alternative to a
financial sanction;
(D) A term in a drug treatment program with a level of
security for the offender as determined by the court;
(E) A term of intensive probation supervision;
(F) A term of basic probation supervision;
(G) A term of monitored time;
(H) A term of drug and alcohol use monitoring, including
random drug testing;
(J) A requirement that the offender obtain employment;
(K) A requirement that the offender obtain education
or
training;
(L) Provided the court obtains the prior approval of the
victim,
a requirement that the offender participate in
victim-offender mediation;
(M) A license violation report;
(N) If the offense is a violation of section 2919.25 or a
violation of section 2903.11, 2903.12, or 2903.13 of the Revised
Code involving a person who was a family or household member at
the
time of the violation, if the offender committed the offense
in the vicinity
of one or more children who are not victims of the
offense, and if the
offender or the victim of the offense is a
parent, guardian, custodian, or
person in loco parentis of one or
more of those children, a requirement that
the
offender obtain
counseling. This division does not limit the
court in requiring
the offender to obtain counseling for any offense or in any
circumstance not specified in this division.
(O) If the offense is a felony violation of division (A)(2)
or (B) of section 2919.21 of the Revised Code, a requirement that
the offender participate in and complete a community corrections
program, as established under sections 5149.30 to 5149.37 of the
Revised Code, unless the offender has previously participated in a
community corrections program within the past three years, if
available in the county in which the court
imposing the sentence
is located.
Sec. 2937.22. (A) Bail is security for the appearance of an
accused to appear and
answer to a specific criminal or
quasi-criminal charge in any court or before
any magistrate at a
specific time or at any time to which a case may be
continued, and
not depart without leave. It may take any of the following
forms:
(A)(1) The deposit of cash by the accused or by some other
person for him
the accused;
(B)(2) The deposit by the accused or by some other person for
him the
accused in form of
bonds of the United States, this state,
or any political subdivision thereof
in a face amount equal to the
sum set by the court or magistrate. In case of
bonds not
negotiable by delivery such bonds shall be properly endorsed for
transfer.
(C)(3) The written undertaking by one or more persons to
forfeit the sum of
money set by the court or magistrate, if the
accused is in default for
appearance, which shall be known as a
recognizance.
(B) Whenever a person is charged with any offense other than
a traffic offense that is not a moving violation and posts bail,
the person shall pay a surcharge of twenty-five dollars. The clerk
of the court shall retain the twenty-five dollars until the person
is convicted, pleads guilty, forfeits bail, is found not guilty,
or has the charges dismissed. If the person is convicted, pleads
guilty, or forfeits bail, the clerk shall transmit the twenty-five
dollars on or before the twentieth day of the month following the
month in which the person was convicted, pleaded guilty, or
forfeited bail to the treasurer of state, and the treasurer of
state shall deposit it into the indigent defense support fund
created under section 120.08 of the Revised Code. If the person is
found not guilty or the charges are dismissed, the clerk shall
return the twenty-five dollars to the person.
(C) All bail shall be received by the clerk of the court,
deputy clerk of court,
or by the magistrate, or by a special
referee appointed by the supreme court
pursuant to section 2937.46
of the Revised Code, and, except in cases of
recognizances,
receipt shall be given therefor by him.
(D) As used in this section, "moving violation" has the same
meaning as in section 2743.70 of the Revised Code.
Sec. 2949.091. (A)(1)(a) The court, in which any person is
convicted of or pleads guilty to any offense other than a traffic
offense that is not a moving violation, shall impose one of the
sum of
fifteen dollars following sums as costs in the case in
addition to any other
court costs that the court is required by
law to impose upon the
offender:
(i) Thirty dollars if the offense is a felony;
(ii) Twenty dollars if the offense is a misdemeanor other
than a traffic offense that is not a moving violation;
(iii) Ten dollars if the offense is a traffic offense that
is not a moving violation, excluding parking violations. All such
(b) All moneys collected pursuant to division (A)(1)(a) of
this section during a month shall be
transmitted on or before the
twentieth day of the
following month by the clerk of the court to
the
treasurer of state and deposited by the treasurer of state
into to the credit of
the general revenue indigent defense support
fund established under section 120.08 of the Revised Code. The
court shall not waive the payment
of the additional fifteen
dollars thirty-, twenty-, or ten-dollar court costs, unless the
court
determines that the offender is indigent and waives the
payment
of all court costs imposed upon the indigent offender.
(2)(a) The juvenile court, in which a child is found to be a
delinquent child or a juvenile traffic offender for an act which
that,
if committed by an adult, would be an offense other than a
traffic
offense that is not a moving violation, shall impose one
of the
sum of fifteen dollars following sums as costs in the case
in
addition to any
other court costs that the court is required
or
permitted by law
to impose upon the delinquent child or
juvenile
traffic offender:
(i) Thirty dollars if the offense is a felony;
(ii) Twenty dollars if the offense is a misdemeanor other
than a traffic offense that is not a moving violation;
(iii) Ten dollars if the offense is a traffic offense that
is not a moving violation, excluding parking violations.
All such
(b) All moneys collected pursuant to division (A)(2)(a) of
this section during a month shall be transmitted on or
before the
twentieth day of
the following month by the clerk of the court to
the
treasurer of state
and deposited by the treasurer of state
into to the credit of the general revenue indigent defense support
fund established under section 120.08 of the Revised Code. The
fifteen dollars thirty-, twenty-, or ten-dollar court costs shall
be collected in all
cases unless the court determines the juvenile
is indigent and
waives the payment of all court costs, or enters
an order on its
journal stating that it has determined that the
juvenile is
indigent, that no other court costs are to be taxed in
the case,
and that the payment of the fifteen dollars thirty-,
twenty-, or ten-dollar court costs is waived.
(B) Whenever a person is charged with any offense other
than
a traffic offense that is not a moving violation and posts
bail
described in division (A)(1) of this section,
the court shall add
to the amount of the bail the fifteen
thirty,
twenty, or ten
dollars required to be paid by division (A)(1) of
this section.
The fifteen thirty, twenty, or ten dollars shall be
retained by
the clerk of the court
until the person is convicted,
pleads
guilty, forfeits bail, is
found not guilty, or has the
charges
dismissed. If
the person is convicted, pleads guilty, or
forfeits
bail, the
clerk shall transmit the fifteen thirty,
twenty, or ten
dollars on or before the twentieth day of
the
month following the
month in which the person was convicted,
pleaded
guilty, or
forfeited bail to the treasurer of
state, who
shall deposit it
into to the credit of the general revenue
indigent defense
support fund established under section 120.08 of
the Revised
Code. If
the person is found not guilty or the charges
are
dismissed, the clerk shall return the fifteen thirty, twenty,
or
ten dollars to the
person.
(C) No person shall be placed or held in a detention
facility
for failing to pay the additional fifteen dollars thirty-,
twenty-,
or ten-dollar court
costs or bail that are required to
be paid by
this section.
(D) As used in this section:
(1) "Moving violation" and "bail" have the same meanings
as
in section 2743.70 of the Revised Code.
(2) "Detention facility" has the same meaning as in
section
2921.01 of the Revised Code.
Sec. 2949.094. (A) The court in which any person is
convicted
of or pleads guilty to any moving violation shall
impose an
additional court cost of ten dollars upon the offender.
The court
shall not waive the payment of the ten dollars unless
the court
determines that the offender is indigent and waives the
payment of
all court costs imposed upon the indigent offender.
The clerk of the court shall transmit thirty-five per cent of
all
additional court
costs collected pursuant to this division
during
a month on or before the
twenty-third day of the
following month to the
division of
criminal justice services,
and the division of
criminal justice
services shall deposit the
money
so transmitted
into the drug law enforcement fund created
under
section 5502.68
of the Revised Code. The clerk shall
transmit fifteen per cent of
all additional court costs so
collected during a month on or before the
twenty-third day of the
following month to the
county or municipal local indigent drivers
alcohol treatment fund
created by the local alcohol and drug
addiction services board or the local board of alcohol, drug
addiction, and mental health services under
the control of that
court, as
created
by the
county or municipal
corporation under
division
(H) of section
4511.191 of the Revised
Code.
The
clerk shall
transmit fifty
per
cent of all additional court
costs so
collected
during a
month on
or before the
twenty-third
day of
the following month
to
the
state treasury
to be credited
to the
indigent
defense
support
fund created
pursuant to section
120.08 of the
Revised
Code.
(B) The juvenile court in which a child is found to be a
juvenile traffic offender for an act that is a moving violation
shall impose an additional court cost of ten dollars upon the
juvenile traffic offender. The juvenile court shall not waive the
payment of the ten dollars unless the court determines that the
juvenile is indigent and waives the payment of all court costs
imposed upon the indigent offender.
The clerk of the court shall transmit thirty-five per cent of
all
additional court
costs collected pursuant to this division
during
a month on or before the
twenty-third day of the
following month to the
division of
criminal justice services,
and the division of
criminal justice
services shall deposit the
money
so transmitted
into the drug law enforcement fund created
under
section 5502.68
of the Revised Code. The clerk shall
transmit fifteen per cent of
all additional court costs so
collected during a month on or before the
twenty-third day of the
following month to the
county juvenile local indigent drivers
alcohol
treatment fund
created by the local alcohol and drug
addiction services board or the local board of alcohol, drug
addiction, and mental health services under the
control of that
court, as created
by
the
county under
division (H) of section
4511.191 of the Revised
Code. The clerk
shall
transmit fifty
per
cent of all additional
court costs so
collected
during a
month
on or before the
twenty-third day of
the
following month
to
the
state treasury
to be credited to the
indigent
defense
support
fund created
pursuant to section 120.08
of the
Revised
Code.
(C) Whenever a person is charged with any offense that is a
moving violation and posts bail, the court shall add to the amount
of the bail the ten dollars required to be paid by division (A)
of this section. The clerk of the court shall retain the ten
dollars until the person is convicted, pleads guilty, forfeits
bail, is found not guilty, or has the charges dismissed. If the
person is convicted, pleads guilty, or forfeits bail, the clerk
shall transmit three dollars and fifty cents out of the ten
dollars to the
division of criminal
justice services, and the
division of
criminal justice services
shall deposit the money so
transmitted
into the drug law enforcement fund created under
section 5502.68
of the Revised Code, the clerk shall transmit one
dollar and fifty
cents out
of
the ten dollars to the
county,
municipal, or county
juvenile local indigent drivers alcohol
treatment
fund created by the local alcohol and drug addiction
services board or the local board of alcohol, drug addiction, and
mental health services under
the
control of that court, as
created
by the county
or
municipal
corporation under division
(H) of section
4511.191
of the Revised
Code,
and the clerk
shall
transmit five
dollars
out of the ten dollars
to the
state
treasury to be
credited to
the indigent defense
support
fund
created under
section 120.08
of the Revised Code.
If the
person
is found not
guilty or
the
charges are
dismissed, the
clerk
shall return the
ten
dollars
to the
person.
(D) No person shall be placed or held in a detention facility
for failing to pay the court cost or bail that is required to be
paid by this section.
(E) As used in this section:
(1) "Bail" and "moving violation" have the same meanings as
in section 2949.093 of the Revised Code.
(2) "Detention facility" has the same meaning as in section
2921.01 of the Revised Code.
(3) "Division of criminal justice services" means the
division of criminal justice services of the department of public
safety, created by section 5502.62 of the Revised Code.
Sec. 2949.111. (A) As used in this section:
(1) "Court costs" means any
assessment
that the court
requires
an
offender to pay
to defray the costs of
operating the
court.
(2)
"State fines or costs" means any costs imposed or
forfeited bail
collected by the court under section 2743.70 of the
Revised Code for deposit into the
reparations fund or under
section 2949.091 of the Revised Code for deposit into the
general
revenue indigent defense support fund established under section
120.08 of the Revised Code and all fines, penalties, and forfeited
bail
collected by the
court and paid to a law library association
under
sections 3375.50 to 3375.53 of the Revised Code.
(3) "Reimbursement" means any reimbursement for the costs of
confinement
that the court orders an offender to pay pursuant to
section
2929.28 of the Revised Code,
any supervision fee, any fee
for the
costs of
house arrest
with
electronic monitoring that an
offender agrees to
pay, any
reimbursement for the
costs of an
investigation or prosecution
that the court orders an
offender to
pay pursuant to section
2929.71 of the Revised
Code, or any other
costs that the court
orders an offender to pay.
(4) "Supervision fees" means any fees that a court,
pursuant
to
sections 2929.18, 2929.28, and 2951.021 of the
Revised Code,
requires
an offender who is under a
community control sanction
to
pay for
supervision services.
(5) "Community control sanction" has the same meaning as
in
section 2929.01 of the Revised Code.
(B) Unless the court, in accordance with division (C) of
this
section, enters in the record of the case a different method
of
assigning
payments, if a person who
is
charged with a misdemeanor
is convicted of or pleads guilty
to
the
offense, if the court
orders the offender to pay any
combination
of
court costs,
state
fines or costs, restitution, a
conventional fine, or
any
reimbursement, and
if
the
offender makes any payment
of any of
them to a clerk of court,
the clerk
shall assign the
offender's
payment
in the following manner:
(1) If the court ordered the offender to pay any
court
costs,
the
offender's payment shall be assigned toward the
satisfaction
of
those court costs until
they
have been entirely paid.
(2)
If the court ordered the offender to pay any state fines
or costs and
if all of the court costs that the court ordered the
offender to pay have been
paid, the remainder of the offender's
payment shall be assigned on a pro rata
basis toward the
satisfaction of the state fines or costs until they have been
entirely paid.
(3) If the court ordered the offender to pay any
restitution
and if all of the
court costs
and state fines or costs that the
court ordered the
offender to
pay have been paid, the
remainder of
the
offender's
payment
shall be assigned toward the
satisfaction
of the
restitution until
it has been
entirely paid.
(4) If the court ordered the offender to pay any
fine and
if
all of the
court costs, state fines or
costs, and restitution
that
the court ordered the
offender to pay have been
paid, the
remainder of the
offender's payment
shall be assigned toward the
satisfaction of the fine
until
it has been entirely paid.
(5) If the court ordered the offender to pay any
reimbursement and if all of the
court costs,
state fines or costs,
restitution, and
fines
that the
court
ordered the offender to pay
have been
paid, the
remainder
of the offender's payment
shall be
assigned
toward the satisfaction of the
reimbursements
until
they
have been entirely paid.
(C) If a person who is charged with a misdemeanor is
convicted of or pleads guilty to the offense and if the court
orders the offender to pay any combination of
court costs,
state
fines or costs, restitution,
fines, or
reimbursements, the court,
at the time it orders
the
offender to
make those payments, may
prescribe
an
order of
payments
that
differs
from the
order set
forth in division (B) of
this section
by entering in
the record of
the
case the
order so
prescribed.
If a different
order is entered
in the record,
on receipt
of any payment,
the
clerk of the
court
shall assign the payment
in the manner
prescribed by the court.
Sec. 2967.193. (A) Except as provided in division (C) of
this section or in
section 2929.13, 2929.14, or
2967.13 of the
Revised Code, a person confined in a state
correctional
institution may earn one day seven days of credit as a deduction
from the
person's stated prison term for each full completed month
during
which the person
productively participates in an education
program,
vocational training, employment in prison industries,
treatment for substance
abuse, treatment as a sex offender, or any
other constructive program, other than a sex offender treatment
program,
developed by the department with specific standards for
performance by
prisoners. At the end of each calendar month in
which a prisoner productively
participates in a program or
activity listed in this division, the department
of rehabilitation
and correction shall deduct one day from the
date on which
the
prisoner's stated prison term will expire. If the prisoner
violates
prison rules, the
department may deny the prisoner a
credit that otherwise
could
have
been awarded to the prisoner or
may withdraw one or more
credits previously
earned by the
prisoner.
If a prisoner is released before the expiration of the
prisoner's stated
prison term by reason of credit earned under
this section, the department
shall retain
control of the prisoner
by means of an appropriate post-release
control sanction imposed
by the parole board until the end of the stated
prison term if the
parole board imposes a post-release control sanction
pursuant to
section 2967.28 of the Revised Code. If the parole board is not
required to impose a post-release control sanction under section
2967.28 of
the Revised Code, the parole board may elect not to
impose a post-release
control sanction on the prisoner.
(B) The department of rehabilitation and correction shall
adopt
rules that specify the programs or activities for which
credit may be earned
under this section, the criteria for
determining productive participation in
the programs or activities
and for awarding credit, and the criteria for
denying or
withdrawing previously earned credit as a result of a violation of
prison rules.
(C) No person who is serving a sentence of life imprisonment
without parole imposed pursuant to section 2929.03 or 2929.06 of
the Revised
Code or, who is serving a prison term or a term of
life imprisonment without
parole imposed pursuant to section
2971.03 of the Revised Code, or who is serving a prison term or
term of life imprisonment for a sexually oriented offense shall be
awarded any days of credit under division (A) of this section.
(D) As used in this section, "sexually oriented offense" has
the same meaning as in section 2950.01 of the Revised Code.
Sec. 2981.07. (A) No person shall destroy, damage, remove,
or transfer property that is subject to forfeiture or otherwise
take any action in regard to property that is subject to
forfeiture with purpose to do any of the following:
(1) Prevent or impair the state's or political subdivision's
lawful authority to take the property into its custody or control
under this chapter or to continue holding the property under its
lawful custody or control;
(2) Impair or defeat the court's continuing jurisdiction over
the person and property;
(3) Devalue property that the person knows, or has reasonable
cause to believe, is subject to forfeiture proceedings under this
chapter.
(B)(1) Whoever violates this section is guilty of
interference with or diminishing forfeitable property.
(2) Except as otherwise provided in divisions (B)(3), (4),
and (5) of this section, interference with or diminishing
forfeitable property is a misdemeanor of the first degree.
(3) If the value of the property is five seven hundred fifty
dollars or
more but less than five thousand dollars, interference
with
or diminishing forfeitable property is a felony of the fifth
degree.
(4) If the value of the property is five thousand dollars or
more but less than one hundred thousand dollars, interference with
or diminishing forfeitable property is a felony of the fourth
degree.
(5) If the value of the property is one hundred thousand
dollars or more, interference with or diminishing forfeitable
property is a felony of the third degree.
Sec. 2981.13. (A) Except as otherwise provided in this
section, property ordered forfeited as contraband, proceeds, or an
instrumentality pursuant to this chapter shall be disposed of,
used, or sold pursuant to section 2981.12 of the Revised Code. If
the property is to be sold under that section, the prosecutor
shall cause notice of the proposed sale to be given in accordance
with law.
(B) If the contraband or instrumentality forfeited under this
chapter is sold, any moneys acquired from a sale and any proceeds
forfeited under this chapter shall be applied in the following
order:
(1) First, to pay costs incurred in the seizure, storage,
maintenance, security, and sale of the property and in the
forfeiture proceeding;
(2) Second, in a criminal forfeiture case, to satisfy any
restitution ordered to the victim of the offense or, in a civil
forfeiture case, to satisfy any recovery ordered for the person
harmed, unless paid from other assets;
(3) Third, to pay the balance due on any security interest
preserved under this chapter;
(4) Fourth, apply the remaining amounts as follows:
(a) If the forfeiture was ordered by a juvenile court, ten
per cent to one or more certified alcohol and drug addiction
treatment programs as provided in division (D) of section 2981.12
of the Revised Code;
(b) If the forfeiture was ordered in a juvenile court, ninety
per cent, and if the forfeiture was ordered in a court other than
a juvenile court, one hundred per cent to the law enforcement
trust fund of the prosecutor and to the following fund supporting
the law enforcement agency that substantially conducted the
investigation: the law enforcement trust fund of the county
sheriff, municipal corporation, township, or park district created
under section 511.18 or 1545.01 of the Revised Code; the state
highway patrol contraband, forfeiture, and other fund; the
department of public safety investigative unit contraband,
forfeiture, and other fund; the department of taxation enforcement
fund; the board of pharmacy drug law enforcement fund created by
division (B)(1) of section 4729.65 of the Revised Code; the
medicaid fraud investigation and prosecution fund; or the
treasurer of state for deposit into the peace officer training
commission fund if any other state law enforcement agency
substantially conducted the investigation. In the case of property
forfeited for medicaid fraud, any remaining amount shall be used
by the attorney general to investigate and prosecute medicaid
fraud offenses.
If the prosecutor declines to accept any of the remaining
amounts, the amounts shall be applied to the fund of the agency
that substantially conducted the investigation.
(c) If more than one law enforcement agency is substantially
involved in the seizure of property forfeited under this chapter,
the court ordering the forfeiture shall equitably divide the
amounts, after calculating any distribution to the law enforcement
trust fund of the prosecutor pursuant to division (B)(4) of this
section, among the entities that the court determines were
substantially involved in the seizure.
(C)(1) A law enforcement trust fund shall be established by
the prosecutor of each county who intends to receive any remaining
amounts pursuant to this section, by the sheriff of each county,
by the legislative authority of each municipal corporation, by the
board of township trustees of each township that has a township
police department, township police district police force, or
office of the constable, and by the board of park commissioners of
each park district created pursuant to section 511.18 or 1545.01
of the Revised Code that has a park district police force or law
enforcement department, for the purposes of this section.
There is hereby created in the state treasury the state
highway patrol contraband, forfeiture, and other fund, the
department of public safety investigative unit contraband,
forfeiture, and other fund, the medicaid fraud investigation and
prosecution fund, the department of taxation enforcement fund, and
the peace officer training commission fund, for the purposes of
this section.
Amounts distributed to any municipal corporation, township,
or park district law enforcement trust fund shall be allocated
from the fund by the legislative authority only to the police
department of the municipal corporation, by the board of township
trustees only to the township police department, township police
district police force, or office of the constable, and by the
board of park commissioners only to the park district police force
or law enforcement department.
(2)(a) No amounts shall be allocated to a fund created under
this section or used by an agency unless the agency has adopted a
written internal control policy that addresses the use of moneys
received from the appropriate fund.
The appropriate fund shall be
expended only in accordance with that policy and, subject to the
requirements specified in this section, only for the following
purposes:
(i) To pay the costs of protracted or complex investigations
or prosecutions;
(ii) To provide reasonable technical training or expertise;
(iii) To provide matching funds to obtain federal grants to
aid law enforcement, in the support of DARE programs or other
programs designed to educate adults or children with respect to
the dangers associated with the use of drugs of abuse;
(iv) To pay the costs of emergency action taken under section
3745.13 of the Revised Code relative to the operation of an
illegal methamphetamine laboratory if the forfeited property or
money involved was that of a person responsible for the operation
of the laboratory;
(v) For other law enforcement purposes that the
superintendent of the state highway patrol, department of public
safety, prosecutor, county sheriff, legislative authority,
department of taxation, board
of township trustees, or board of
park commissioners determines to
be appropriate.
(b) The board of pharmacy drug law enforcement fund shall be
expended only in accordance with the written internal control
policy so adopted by the board and only in accordance with section
4729.65 of the Revised Code, except that it also may be expended
to pay the costs of emergency action taken under section 3745.13
of the Revised Code relative to the operation of an illegal
methamphetamine laboratory if the forfeited property or money
involved was that of a person responsible for the operation of the
laboratory.
(c) The state highway patrol contraband, forfeiture, and
other fund, the department of public safety investigative unit
contraband, forfeiture, and other fund, the department of taxation
enforcement fund, the board of pharmacy drug law enforcement fund,
and a law enforcement trust fund shall not be used to meet the
operating costs of the state highway patrol, of the investigative
unit of the department of public safety, of the state board of
pharmacy, of any political subdivision, or of any office of a
prosecutor or county sheriff that are unrelated to law
enforcement.
(d) Forfeited moneys that are paid into the state treasury to
be deposited into the peace officer training commission fund shall
be used by the commission only to pay the costs of peace officer
training.
(3) Any of the following offices or agencies that receive
amounts under this section during any calendar year shall file a
report with the specified entity, not later than the thirty-first
day of January of the next calendar year, verifying that the
moneys were expended only for the purposes authorized by this
section or other relevant statute and specifying the amounts
expended for each authorized purpose:
(a) Any sheriff or prosecutor shall file the report with the
county auditor.
(b) Any municipal corporation police department shall file
the report with the legislative authority of the municipal
corporation.
(c) Any township police department, township police district
police force, or office of the constable shall file the report
with the board of township trustees of the township.
(d) Any park district police force or law enforcement
department shall file the report with the board of park
commissioners of the park district.
(e) The superintendent of the state highway patrol and the
tax commissioner shall file the report with the attorney general.
(f) The executive director of the state board of pharmacy
shall file the report with the attorney general, verifying that
cash and forfeited proceeds paid into the board of pharmacy drug
law enforcement fund were used only in accordance with section
4729.65 of the Revised Code.
(g) The peace officer training commission shall file a report
with the attorney general, verifying that cash and forfeited
proceeds paid into the peace officer training commission fund
pursuant to this section during the prior calendar year were used
by the commission during the prior calendar year only to pay the
costs of peace officer training.
(D) The written internal control policy of a county sheriff,
prosecutor, municipal corporation police department, township
police department, township police district police force, office
of the constable, or park district police force or law enforcement
department shall provide that at least ten per cent of the first
one hundred thousand dollars of amounts deposited during each
calendar year in the agency's law enforcement trust fund under
this section, and at least twenty per cent of the amounts
exceeding one hundred thousand dollars that are so deposited,
shall be used in connection with community preventive education
programs. The manner of use shall be determined by the sheriff,
prosecutor, department, police force, or office of the constable
after receiving and considering advice on appropriate community
preventive education programs from the county's board of alcohol,
drug addiction, and mental health services, from the county's
alcohol and drug addiction services board, or through appropriate
community dialogue.
The financial records kept under the internal control policy
shall specify the amount deposited during each calendar year in
the portion of that amount that was used pursuant to this
division, and the programs in connection with which the portion of
that amount was so used.
As used in this division, "community preventive education
programs" include, but are not limited to, DARE programs and other
programs designed to educate adults or children with respect to
the dangers associated with using drugs of abuse.
(E) Upon the sale, under this section or section 2981.12 of
the Revised Code, of any property that is required by law to be
titled or registered, the state shall issue an appropriate
certificate of title or registration to the purchaser. If the
state is vested with title and elects to retain property that is
required to be titled or registered under law, the state shall
issue an appropriate certificate of title or registration.
(F) Any failure of a law enforcement officer or agency,
prosecutor, court, or the attorney general to comply with this
section in relation to any property seized does not affect the
validity of the seizure and shall not be considered to be the
basis for suppressing any evidence resulting from the seizure,
provided the seizure itself was lawful.
Sec. 3101.08. An ordained or licensed minister of any
religious society or
congregation within this state who is
licensed to solemnize marriages, a judge
of a county court in
accordance with section 1907.18 of the Revised Code, a
judge of a
municipal court in accordance with section 1901.14 of the Revised
Code, a probate judge in accordance with section 2101.27 of the
Revised Code,
the mayor of a municipal corporation in any county
in which such municipal
corporation wholly or partly lies, the
assistant superintendent of for the state school for
the deaf, or
any religious society in conformity with the rules of its church,
may join together as husband and wife any persons who are not
prohibited by
law from being joined in marriage.
Sec. 3113.37. (A) If in any calendar year a board of
county
commissioners does not allocate all of the funds collected
that
year under section 3113.34 or division (D) of section
2303.201 of
the Revised Code to a shelter
for victims of domestic violence
that applied for them, or if a
board receives no application in
that year from a shelter that is
qualified to receive funds as
determined under section 3113.36 of
the Revised Code, the funds
shall be deposited, on or before the
thirty-first day of December
of that year, in the state treasury
to the credit of the domestic
violence shelters reparations fund, which is
hereby created by
section 2743.191 of the Revised Code. The fund shall be
administered by the attorney
general for the purpose of providing
financial assistance to
shelters.
(B) A shelter located in this state may apply to the
attorney
general for funds. All applications for funds shall be
submitted
by the first day of February of the year for which the
funds are
requested and shall contain all of the information set
forth in
division (A) of section 3113.35 of the Revised Code.
(C) Upon receipt of an application for funds from a
shelter
that meets the criteria set forth in section 3113.36 of
the
Revised Code, the attorney general, on or before the
fifteenth day
of March of the year in which the application is
received, shall
notify the shelter, in writing, whether it is
eligible
for funds
and, if the shelter is eligible, specify the amount
available for
that shelter.
(D) Funds allocated under this section shall be paid once
annually, on or before the thirtieth day of April of the year in
which the application is received.
Sec. 3119.01. (A) As used in the
Revised
Code, "child
support
enforcement agency" means a child support enforcement
agency
designated under former section 2301.35 of the Revised Code
prior to October 1, 1997, or a private or
government entity
designated as a child support enforcement agency
under section
307.981 of the
Revised
Code.
(B) As used in this
chapter and Chapters 3121., 3123., and
3125. of the Revised Code:
(1) "Administrative child support order" means any order
issued by a child support enforcement agency for the support of
a
child pursuant to section 3109.19 or
3111.81 of the Revised
Code
or former section 3111.211 of the Revised
Code, section 3111.21 of
the Revised Code as that
section existed prior to January 1, 1998,
or section 3111.20 or
3111.22 of the Revised Code as those
sections existed prior
to
March
22, 2001.
(2) "Child support order" means either a court child support
order or an
administrative child support order.
(3) "Obligee" means the person who is entitled to receive
the
support payments under a support order.
(4) "Obligor" means the person who is required to pay
support
under a support order.
(5) "Support order" means either an administrative child
support order or
a court support order.
(C) As used in this chapter:
(1) "Combined gross income" means the combined gross
income
of both parents.
(2) "Court child support order" means any order issued by
a
court for the support of a child pursuant to
Chapter 3115. of the
Revised Code, section
2151.23, 2151.231, 2151.232, 2151.33,
2151.36,
2151.361, 2151.49, 3105.21, 3109.05,
3109.19, 3111.13,
3113.04,
3113.07, 3113.31, 3119.65,
or 3119.70
of the
Revised
Code, or division (B) of former section 3113.21 of the
Revised
Code.
(3) "Court support order" means either a court child support
order or an order for the support of a spouse
or former spouse
issued pursuant to
Chapter 3115. of the Revised Code, section
3105.18,
3105.65, or 3113.31 of the
Revised
Code, or
division (B)
of former section
3113.21 of the
Revised Code.
(4) "Extraordinary medical expenses" means any uninsured
medical expenses incurred for a child during a calendar
year that
exceed one hundred dollars.
(5) "Income" means either of the following:
(a) For a parent who is employed to full capacity, the
gross
income of the parent;
(b) For a parent who is unemployed or underemployed, the
sum
of the gross income of the parent and any potential income
of the
parent.
(6) "Insurer" means any person
authorized under Title XXXIX
of the Revised Code to
engage in the business of insurance in this
state, any
health insuring corporation,
and any legal entity that
is
self-insured and provides benefits to its employees or members.
(7) "Gross income" means, except as excluded in
division
(C)(7) of this section, the total of all earned and unearned
income from all
sources during a calendar year, whether or not the
income is
taxable, and includes income from
salaries, wages,
overtime pay, and bonuses to the extent described
in division (D)
of section 3119.05 of the Revised Code; commissions;
royalties;
tips; rents; dividends; severance pay; pensions; interest; trust
income; annuities; social security benefits, including retirement,
disability,
and survivor benefits that are not means-tested;
workers'
compensation benefits; unemployment insurance benefits;
disability insurance benefits; benefits that are not means-tested
and that are
received by and in the possession of
the veteran who
is the beneficiary for any service-connected disability under
a
program or law administered by the United States
department of
veterans'
affairs or veterans' administration; spousal support
actually received; and
all other sources of
income. "Gross
income"
includes income of members of any branch of the
United
States
armed services or national guard, including,
amounts
representing
base pay, basic allowance for quarters,
basic
allowance for
subsistence, supplemental subsistence
allowance,
cost of living
adjustment, specialty pay, variable
housing
allowance, and pay for
training or other types of
required drills;
self-generated income;
and potential cash flow
from any source.
"Gross income" does not include any of the following:
(a) Benefits received from
means-tested government
administered programs, including Ohio
works first; prevention,
retention, and contingency; means-tested veterans'
benefits;
supplemental security income; food stamps supplemental nutrition
assistance program; disability financial
assistance;
or other
assistance for which eligibility is determined on the
basis of
income or assets;
(b) Benefits for any
service-connected disability under a
program or law administered
by the United States department of
veterans' affairs or
veterans'
administration that are not
means-tested, that have not been distributed to
the veteran who is
the
beneficiary of the benefits, and that are in the possession of
the
United
States department of veterans' affairs or veterans'
administration;
(c) Child support received for
children who were not born or
adopted during the marriage at
issue;
(d) Amounts paid for mandatory deductions
from wages such as
union dues but not taxes, social security, or retirement in
lieu
of social security;
(e) Nonrecurring or unsustainable income
or cash flow items;
(f) Adoption assistance and foster care maintenance payments
made
pursuant to Title IV-E of the "Social
Security Act," 94 Stat.
501, 42 U.S.C.A. 670 (1980),
as amended.
(8) "Nonrecurring or unsustainable income or cash flow
item"
means an income or cash flow item the parent receives
in any year
or for any number of years not to exceed three years
that the
parent does not expect to continue to receive on a
regular basis.
"Nonrecurring or unsustainable income or cash
flow item" does not
include a lottery prize award that is not
paid in a lump sum or
any other item of income or cash flow that
the parent receives or
expects to receive for each year for a
period of more than three
years or that the parent receives and
invests or otherwise uses to
produce income or cash flow for
a period of more than three years.
(9)(a) "Ordinary and necessary expenses incurred in
generating gross receipts" means actual cash items expended by
the
parent or the parent's business and includes
depreciation expenses
of
business equipment as shown on the books of a
business entity.
(b) Except as specifically included in "ordinary and
necessary expenses incurred in generating gross receipts" by
division (C)(9)(a) of this section, "ordinary and
necessary
expenses incurred in generating gross receipts" does not include
depreciation expenses and other noncash items that are allowed as
deductions on any federal tax return of the parent or the
parent's
business.
(10) "Personal earnings" means compensation paid or
payable
for personal services, however denominated, and
includes wages,
salary, commissions,
bonuses, draws against commissions, profit
sharing, vacation
pay, or any other compensation.
(11) "Potential income" means both of the following for a
parent who the court pursuant to a court support order, or a child
support
enforcement agency pursuant to an administrative child
support order,
determines is voluntarily unemployed or voluntarily
underemployed:
(a) Imputed income that the court or agency determines the
parent would have earned if fully employed as determined from the
following criteria:
(i) The parent's prior employment experience;
(ii) The parent's education;
(iii) The parent's physical and mental disabilities, if any;
(iv) The availability of employment in the geographic area
in
which the parent resides;
(v) The prevailing wage and salary levels in the geographic
area
in which the parent resides;
(vi) The parent's special skills and training;
(vii) Whether there is evidence that the parent has the
ability to
earn the imputed income;
(viii) The age and special needs of the child for whom child
support is being calculated under this section;
(ix) The parent's increased earning capacity because of
experience;
(x) Any other relevant factor.
(b) Imputed income from any nonincome-producing assets of
a
parent, as determined from the local passbook savings rate or
another appropriate rate as determined by the court or agency,
not
to exceed the rate of interest specified in division (A) of
section 1343.03 of the Revised Code, if the income is significant.
(12) "Schedule" means the basic child support schedule set
forth in section 3119.021 of the Revised Code.
(13) "Self-generated income" means gross receipts received
by
a parent from self-employment, proprietorship of a business,
joint
ownership of a partnership or closely held corporation, and
rents
minus ordinary and necessary expenses incurred by the
parent
in
generating the gross receipts. "Self-generated income"
includes
expense reimbursements or in-kind payments received by a
parent
from self-employment, the operation of a business, or
rents,
including company cars, free housing,
reimbursed meals, and
other
benefits, if the reimbursements are
significant and reduce
personal living expenses.
(14) "Split parental rights and responsibilities" means a
situation in which there is more than one child who is the
subject
of an allocation of parental rights and responsibilities
and each
parent is the residential parent and legal custodian of
at least
one of those children.
(15) "Worksheet" means the applicable worksheet that is
used
to calculate a parent's child support obligation as
set forth in
sections 3119.022 and 3119.023 of the Revised Code.
Sec. 3119.371. (A) As used in this section:
(1) "Health insurance provider" means:
(a) A person authorized to engage in the business of sickness
and accident insurance under Title XXXIX of the Revised Code;
(b) A person or government entity providing coverage for
medical services or items to individuals on a self-insurance
basis;
(c) A health insuring corporation as defined in section
1751.01 of the Revised Code;
(d) A group health plan as defined in 29 U.S.C. 1167;
(e) Any organization, business, or association described in
42 U.S.C. 1396a(a)(25); or
(f) A managed care organization.
(2) "Information" means all of the following:
(a) An individual's name, address, date of birth, and social
security number;
(b) The group or plan number or other identifier assigned by
a health insurance provider to a policy held by an individual or a
plan in which the individual participates and the nature of the
coverage; and
(c) Any other data specified by the director of job and
family services in rules adopted under section 3119.51 of the
Revised Code.
(B) Upon request of the office of child support in the
department of job and family services and for the purpose of
establishing and enforcing orders to provide health insurance
coverage, a health insurance provider shall provide the
information described in division (A)(2) of this section to the
office of child support.
Sec. 3121.037. (A) A withholding notice sent under section
3121.03 of the Revised Code
shall contain all of the following:
(1) Notice of the amount to be withheld from the obligor's
income and a statement that, notwithstanding that amount, the
payor may not
withhold an amount for support and
other purposes,
including the fee described in division
(A)(11)(12) of this
section,
that exceeds the
maximum amounts permitted under section
303(b) of
the
"Consumer
Credit Protection Act," 15 U.S.C.
1673(b);
(2) A statement that the payor is required to send
the
amount
withheld to the office of child support
immediately, but
not later
than seven business days, after
the obligor is paid and
is
required to report to the
agency the date the amount was
withheld;
(3) A statement that the withholding shall be submitted to
the state via electronic means if the employer employs more than
fifty employees;
(4) A statement that the withholding is binding on the
payor
until further notice from the court or agency;
(4)(5) A statement that if the payor is an employer,
the
payor
is subject to a fine to
be determined under the law of this
state
for discharging the
obligor from employment, refusing to
employ
the obligor, or
taking any disciplinary action against the
obligor
because of the
withholding requirement;
(5)(6) A statement that, if the payor fails to withhold
in
accordance with the notice, the
payor is liable for the
accumulated amount the
payor should
have withheld from the
obligor's income;
(6)(7) A statement that, except for deductions from lump sum
payments made in accordance with section 3121.0311 of the Revised
Code, the withholding in accordance with
the
notice has priority
over any other legal process under the law of
this state against
the same income;
(7)(8) The date on which the notice was mailed and a
statement
that the payor is required to implement the
withholding
no later
than
fourteen business days following the date the notice
was
mailed or, if the
payor is an employer, no later than the
first
pay period that occurs after
fourteen business days
following the
date the notice was mailed, and is
required to
continue the
withholding at the intervals
specified in the notice.
(8)(9) A requirement that the payor do the following:
(a) Promptly notify the
child support enforcement agency
administering the support order, in writing,
within ten business
days after the date of any situation that occurs
in which the
payor ceases to pay
income to the obligor in an amount sufficient
to comply with the order,
including termination of employment,
layoff of the obligor from employment,
any leave of absence of the
obligor from employment without pay, termination
of workers'
compensation benefits, or termination of any pension, annuity,
allowance, or retirement benefit;
(b) Provide the agency with
the obligor's last known address
and, with respect to a court support order
and if known, notify
the agency of
any new employer or income source and the
name,
address, and telephone number of the new employer or income
source.
(9)(10) A requirement that, if the payor is an
employer, the
payor do both of the following:
(a) Identify in the
notice given under division
(A)(8)(9) of
this section
any types of benefits other than personal earnings
the
obligor is receiving or is eligible to receive as a benefit of
employment or as a result of the obligor's termination of
employment, including, but not limited to, unemployment
compensation, workers' compensation benefits, severance pay, sick
leave, lump sum payments of retirement benefits or contributions,
and bonuses or profit-sharing payments or distributions, and the
amount of the benefits;
(b) Include in the notice the
obligor's last known address
and telephone number, date of birth,
social security number, and
case number and, if known, the
name and business address of any
new employer of the obligor.
(10)(11) Subject to section 3121.0311 of the Revised Code, a
requirement that, no later than the earlier of
forty-five days
before a lump sum payment is to be made or, if
the
obligor's right
to the lump sum payment is determined less
than
forty-five days
before it is to be made, the date on which
that
determination is
made, the payor notify the child
support
enforcement agency
administering the support order of any lump sum
payment of
any
kind of
one hundred fifty dollars or more that is
to be paid to
the
obligor, hold
each lump sum payment of one
hundred fifty
dollars
or more for thirty
days after the date on
which it
would
otherwise be paid to the obligor and, on
order of
the court or
agency that issued the support order, pay all or a
specified
amount of the lump sum
payment to the office of child
support;
(11)(12) A statement that, in addition to the amount withheld
for support, the payor may withhold a fee from the
obligor's
income as a charge for its services in complying with
the
notice
and a specification of the amount that may be withheld.
(B) A deduction notice sent under section 3121.03 of the
Revised Code shall contain all of the following:
(1) Notice of the amount to be deducted from the obligor's
account;
(2) A statement that the financial institution is
required
to
send the amount deducted to the office of child support
immediately, but not later than
seven business
days, after the
date the last deduction was made and
to report to the child
support enforcement agency the date on which the
amount was
deducted;
(3) A statement that the deduction is binding on the
financial institution until further notice from the court or
agency;
(4) A statement that the deduction in accordance with
the
notice has priority
over any other legal process under the law of
this state against
the same account;
(5) The date on which the notice was mailed and a
statement
that the financial institution is required to implement
the
deduction no later than fourteen business days following that
date
and to continue the
deduction at the intervals specified in the
notice;
(6) A requirement that the financial institution promptly
notify the child support enforcement agency administering the
support order,
in writing, within
ten days after the date of any
termination of the account from
which the deduction is being made
and notify the agency, in
writing, of the opening of a new account
at that financial
institution, the account number of the new
account, the name of
any other known financial institutions in
which the obligor has
any accounts, and the numbers of those
accounts;
(7) A requirement that the financial institution include
in
all notices the obligor's last known mailing address, last
known
residence address, and social security number;
(8) A statement that, in addition to the amount
deducted for
support, the financial institution may deduct a fee
from the
obligor's account as a charge for its services in
complying with
the notice and a specification of the amount that
may be deducted.
Sec. 3121.0311. (A) If a lump sum payment referred to in
division (A)(10)(11) of section 3121.037 of the Revised Code
consists of workers' compensation benefits and the obligor is
represented by an attorney with respect to the obligor's workers'
compensation claim, prior to issuing the notice to the child
support enforcement agency required by that division, the
administrator of workers' compensation, for claims involving state
fund employers, or a self-insuring employer, for that employer's
claims, shall notify the obligor and the obligor's attorney in
writing that the obligor is subject to a support order and that
the administrator or self-insuring employer, as appropriate, shall
hold the lump sum payment for a period of thirty days after the
administrator or self-insuring employer sends this written notice,
pending receipt of the information referred to in division (B) of
this section.
(B) The administrator or self-insuring employer, as
appropriate, shall instruct the obligor's attorney in writing to
file a copy of the fee agreement signed by the obligor, along with
an affidavit signed by the attorney setting forth the amount of
the attorney's fee with respect to the lump sum payment award to
the obligor and the amount of all necessary expenses, along with
documentation of those expenses, incurred by the attorney with
respect to obtaining the lump sum award. The obligor's attorney
shall file the fee agreement and attorney affidavit with the
administrator or self-insuring employer, as appropriate, within
thirty days after the date the administrator or self-insuring
employer sends the notice required by division (A) of this
section.
(C) Upon receipt of the fee agreement and attorney affidavit,
the administrator or self-insuring employer, as appropriate, shall
deduct from the lump sum payment the amount of the attorney's fee
and necessary expenses and pay that amount directly to and solely
in the name of the attorney within fourteen days after the fee
agreement and attorney affidavit have been filed with the
administrator or self-insuring employer.
(D) After deducting any attorney's fee and necessary
expenses, if the lump sum payment is one hundred fifty dollars or
more, the administrator or self-insuring employer, as appropriate,
shall hold the balance of the lump sum award in accordance with
division (A)(10)(11) of section 3121.037 of the Revised Code.
Sec. 3121.19. (A) The entire amount withheld or deducted
pursuant to a
withholding or deduction notice described in
section
3121.03 of the Revised Code
shall be forwarded to the office of
child support in the department of
job and family services
immediately, but not later
than seven business days, after the
withholding or deduction,
as directed in the withholding or
deduction notice.
(B) An employer who employs more than fifty employees shall
submit the entire amount withheld pursuant to a withholding notice
described in section 3121.03 of the Revised Code by electronic
transfer to the office of child support in the department of job
and family services immediately, but not later than seven business
days, after the withholding, as directed in the withholding
notice.
Sec. 3121.20. (A) A payor or financial institution required
to
withhold or deduct a specified amount from the income or
savings of more
than one obligor under a
withholding or deduction
notice described in
section 3121.03 of the Revised Code and to
forward the amounts withheld or deducted to the office of child
support may combine all of the amounts to be forwarded in one
payment if
the payment is accompanied by a list that clearly
identifies each all of the following:
(1) Each obligor covered by the payment and the;
(2) Each child support case, numbered as provided on the
withholding or deduction notice, that is covered by the payment;
(3) The
portion of the payment attributable to each obligor
and each case number.
(B) A payor who employs more than fifty employees and who is
required to submit the withholding by electronic transfer pursuant
to sections 3121.037 and 3121.19 of the Revised Code shall combine
all of the amounts to be forwarded in one payment. The payment
shall be accompanied by information that clearly identifies all of
the following:
(1) Each obligor that is covered by the payment;
(2) Each child support case, numbered as provided on the
withholding notice issued pursuant to section 3121.03 of the
Revised Code, that is covered by the payment;
(3) The portion of the payment attributable to each obligor
and each case number.
Sec. 3121.898. The department of job and family services
shall use the new
hire reports it
receives
for any of the
following purposes set forth in 42 U.S.C. 653a, as amended,
including:
(A) To locate individuals for the
purposes of establishing
paternity and for establishing, modifying, and enforcing
child
support orders.
(B) As used in this division, "state agency" means every
department, bureau, board, commission, office, or other organized
body established by the constitution or laws of this state for the
exercise of state government; every entity of county government
that is subject to the rules of a state agency; and every
contractual agent of a state agency.
To make available to any state agency responsible for
administering any of the following programs for purposes of
verifying program eligibility:
(1) Any Title IV-A program as defined in section 5101.80 of
the Revised Code;
(2) The medicaid program authorized by Chapter 5111. of the
Revised Code;
(3) The unemployment compensation program authorized by
Chapter 4141. of the Revised Code;
(4) The food stamp supplemental nutrition assistance program
authorized by section 5101.54 of the Revised Code;
(5) Any other program authorized in 42 U.S.C. 1320b-7(b), as
amended.
(C) The administration of the employment security program
under the director of job and family services.
Sec. 3123.952. A child support enforcement agency may submit
the name
of a delinquent obligor to the office of child support
for inclusion on a
poster only if all of the following apply:
(A) The obligor is subject to a support order and there
has
been an attempt to enforce the order through a public notice,
a
wage withholding order, a lien on property, a financial
institution deduction order, or other court-ordered procedures.
(B) The department of job and family services reviewed the
obligor's records and confirms the child support enforcement
agency's finding that the obligor's name and photograph may be
submitted to be displayed on a poster.
(C) The agency does not know or is unable to verify the
obligor's whereabouts.
(D) The obligor is not a participant in Ohio works first
or
the prevention, retention, and contingency program or a recipient
of
disability financial assistance, supplemental security income,
or
food stamps supplemental nutrition assistance program benefits.
(E) The child support enforcement agency does not have
evidence that the obligor has filed for protection under the
federal Bankruptcy Code, 11 U.S.C.A. 101, as amended.
(F) The obligee gave written authorization to the agency
to
display the obligor on a poster.
(G) A legal representative of the agency and a child
support
enforcement administrator reviewed the case.
(H) The agency is able to submit to the department a
description and photograph of the obligor, a statement of the
possible locations of the obligor, and any other information
required by the department.
Sec. 3125.25. The director
of job and family services shall
adopt rules under Chapter 119. of the Revised Code
governing the
operation of support enforcement by
child support enforcement
agencies. The rules shall include, but
shall not be limited to,
provisions the following:
(A) Provisions relating to plans of cooperation between
the
agencies and boards of county commissioners entered into
under
section 3125.12 of the Revised Code, requirements;
(B) Provisions for the compromise and waiver of child support
arrearages owed to the state and federal government, consistent
with Title IV-D of the "Social Security Act," 88 Stat. 2351
(1975), 42 U.S.C. 651 et seq., as amended;
(C) Requirements for public
hearings by the agencies, and
provisions;
(D) Provisions for appeals of agency
decisions under
procedures established by the director.
Sec. 3301.07. The state board of education shall exercise
under the acts of the general assembly general supervision of the
system of public education in the state. In addition to the
powers
otherwise imposed on the state board under the provisions
of law,
the board shall have the following powers:
(A) Exercise policy forming, planning, and evaluative
functions for the public schools of the state, and for adult
education, except as otherwise provided by law;
(B)(1) Exercise leadership in the improvement of public
education in this state, and administer the educational policies
of this state relating to public schools, and relating to
instruction and instructional material, building and equipment,
transportation of pupils, administrative responsibilities of
school officials and personnel, and finance and organization of
school districts, educational service centers, and territory.
Consultative and advisory services in such matters shall be
provided by the board to school districts and educational service
centers of this state. The
(2) The state board also shall develop a standard of
financial reporting which shall be used by all each school
districts
and district board of education, educational service
centers center governing board, community school governing
authority, and STEM school governing body to make their its
financial
information and annual budgets for each school building
under its control available to the public in a format
understandable by
the average citizen and provide year-to-year
comparisons for at
least five years. The format shall show, among
other things,
district and educational service center school
building revenue by source;
expenditures for salaries, wages, and
benefits of employees,
showing such amounts separately for
classroom teachers, other
employees required to hold licenses
issued pursuant to sections
3319.22 to 3319.31 of the Revised
Code, and all other employees;
expenditures other than for
personnel, by category, including
utilities, textbooks and other
educational materials, equipment,
permanent improvements, pupil
transportation, extracurricular
athletics, and other
extracurricular activities; and per pupil
expenditures.
(C) Administer and supervise the allocation and distribution
of all state and federal funds for public school education under
the provisions of law, and may prescribe such systems of
accounting as are necessary and proper to this function. It may
require county auditors and treasurers, boards of education,
educational service center governing boards, treasurers of such
boards, teachers, and other school officers and employees, or
other public officers or employees, to file with it such reports
as it may prescribe relating to such funds, or to the management
and condition of such funds.
(D) Formulate and prescribe minimum standards to be applied
to all elementary and secondary schools in this state for the
purpose of requiring a general education of high quality. Such
standards shall provide adequately for: the licensing of teachers,
administrators,
and other professional personnel and their
assignment according to
training and qualifications; efficient and
effective instructional
materials and equipment, including library
facilities; the proper
organization, administration, and
supervision of each school,
including regulations for preparing
all necessary records and
reports and the preparation of a
statement of policies and
objectives for each school; buildings,
grounds, health and
sanitary facilities and services; admission of
pupils, and such
requirements for their promotion from grade to
grade as will
assure that they are capable and prepared for the
level of study
to which they are certified; requirements for
graduation; and such
other factors as the board finds necessary.
In the formulation and administration of such standards for
nonpublic schools the board shall also consider the particular
needs, methods and objectives of those schools, provided they do
not conflict with the provision of a general education of a high
quality and provided that regular procedures shall be followed for
promotion from grade to grade of pupils who have met the
educational requirements prescribed.
In the formulation and administration of such standards as
they relate to instructional materials and equipment in public
schools, including library materials, the board shall require that
the material and equipment be aligned with and promote skills
expected under the statewide academic standards adopted under
section 3301.079 of the Revised Code.
(E) In addition to the minimum standards required by
division (D) of this section, formulate and prescribe the
following operating standards for school districts:
(1) Standards for the effective and efficient organization,
administration, and supervision of each school district so that it
becomes a thinking and learning organization according to
principles of systems design and collaborative professional
learning communities research as defined by the superintendent of
public instruction, including a focus on the personalized and
individualized needs of each student; a shared responsibility
among school boards, administrators, faculty, and staff to develop
a common vision, mission, and set of guiding principles; a shared
responsibility among school boards, administrators, faculty, and
staff to engage in a process of collective inquiry, action
orientation, and experimentation to ensure the academic success of
all students; commitment to peer evaluation; commitment to
teaching and learning strategies that utilize technological tools
and emphasize inter-disciplinary, real world, project-based,
technology-oriented, and service learning experiences to meet the
individual needs of every student; commitment to high expectations
for every student to achieve core knowledge and twenty-first
century skills in accordance with the statewide academic standards
adopted under section 3301.079 of the Revised Code; commitment to
the use of assessments to diagnose the needs of each student;
effective connections and relationships with families and
community organizations that support student success; and
commitment to the use of positive behavior intervention supports
throughout a district to ensure a safe and secure learning
environment for all students.
(2) Standards for the establishment of a business advisory
committee and a family and community engagement team in each
school district, under sections 3301.82 and 3301.821 of the
Revised Code, respectively.
(3) Standards for the expenditure of the amount received for
each component of the adequacy amount under Chapter 3306. of the
Revised Code;
(4) Standards for school district organizational units that
require:
(a) The effective and efficient organization, administration,
and supervision of each school district organizational unit so
that it becomes a thinking and learning organization according to
principles of systems design and collaborative professional
learning communities research as defined by the state
superintendent, including a focus on the personalized and
individualized needs of each student; a shared responsibility
among organizational unit administrators, faculty, and staff to
develop a common vision, mission, and set of guiding principles; a
shared responsibility among organizational unit administrators,
faculty, and staff to engage in a process of collective inquiry,
action orientation, and experimentation to ensure the academic
success of all students; commitment to job embedded professional
development and professional mentoring and coaching; established
periods of time for teachers to pursue joint planning time for the
development of lesson plans, professional development, and shared
learning; commitment to peer evaluation; commitment to effective
management strategies that allow administrators unfettered access
to classrooms for observation and professional development
experiences; commitment to teaching and learning strategies that
utilize technological tools and emphasize inter-disciplinary, real
world, project-based, technology-oriented, and service learning
experiences to meet the individual needs of every student;
commitment to high expectations for every student to achieve core
knowledge and twenty-first century skills in accordance with the
statewide academic standards adopted under section 3301.079 of the
Revised Code; commitment to the use of assessments to diagnose the
needs of each student; effective connections and relationships
with families and community organizations that support student
success; commitment to the use of positive behavior intervention
supports throughout the organizational unit to ensure a safe and
secure learning environment for all students;
(b) A school organizational unit leadership team to
coordinate positive behavior intervention supports, family and
community engagement services, learning environments, thinking and
learning systems, collaborative planning, planning time, student
academic interventions, student extended learning opportunities,
and other activities identified by the team and approved by the
district board of education. The team shall include the building
principal, representatives from each collective bargaining unit,
the building lead teacher, parents, business representatives, and
community representatives.
(c) Compliance with standards for expenditure of the amount
received for each component of the adequacy amount under Chapter
3306. of the Revised Code;
Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the provisions of division (E) of this
section and any operating standards adopted by the state board
under that division prevail over any conflicting provisions of a
collective bargaining agreement entered into after the effective
date of this amendment.
Compliance with the standards adopted under divisions (B)(2),
(D), and (E) of this section, as they relate to the operation of a
school operated by a school district, may be waived by the state
superintendent pursuant to section 3306.40 of the Revised Code.
(F)
May
require as part of the health
curriculum
information
developed under
section 2108.34 of the
Revised Code
promoting the
donation of
anatomical gifts pursuant
to Chapter
2108. of the
Revised Code and
may provide the
information to high
schools,
educational service
centers, and
joint vocational school
district
boards of education;
(F)(G) Prepare and submit annually to the governor and the
general assembly a report on the status, needs, and major problems
of the public schools of the state, with recommendations for
necessary legislative action and a ten-year projection of the
state's public and nonpublic school enrollment, by year and by
grade level;
(G)(H) Prepare and submit to the director of budget and
management the biennial budgetary requests of the state board of
education, for its agencies and for the public schools of the
state;
(H)(I) Cooperate with federal, state, and local agencies
concerned with the health and welfare of children and youth of the
state;
(I)(J) Require such reports from school districts and
educational service centers, school officers, and employees as are
necessary and desirable. The superintendents and treasurers of
school districts and educational service centers shall certify as
to the accuracy of all reports required by law or state board or
state department of education rules to be submitted by the
district or educational service center and which contain
information necessary for calculation of state funding. Any
superintendent who knowingly falsifies such report shall be
subject to license revocation pursuant to section 3319.31 of the
Revised Code.
(J)(K) In accordance with Chapter 119. of the Revised Code,
adopt procedures, standards, and guidelines for the education of
children with disabilities pursuant to Chapter 3323.
of the
Revised
Code, including procedures, standards, and
guidelines
governing
programs and services operated by county
boards of
mental
retardation and developmental disabilities
pursuant to
section
3323.09 of the Revised Code;
(K)(L) For the purpose of encouraging the development of
special
programs of education for academically gifted children,
employ
competent persons to analyze and publish data, promote
research,
advise and counsel with boards of education, and
encourage the
training of teachers in the special instruction of
gifted
children. The board may provide financial assistance out
of any
funds appropriated for this purpose to boards of education
and
educational service center governing boards for developing
and
conducting programs of education for academically gifted
children.
(L)(M) Require that all public schools emphasize and
encourage,
within existing units of study, the teaching of energy
and
resource conservation
as recommended to each district board of
education by leading business persons involved in energy
production and conservation, beginning in the primary grades;
(M)(N) Formulate and prescribe minimum standards requiring
the
use of phonics as a technique in the teaching of reading in
grades
kindergarten through three. In addition, the state board
shall
provide in-service training programs for teachers on the use
of
phonics as a technique in the teaching of reading in grades
kindergarten through three.
(N)(O) Develop and modify as necessary a state plan for
technology to encourage and promote the use of technological
advancements in educational settings.
The board may adopt rules necessary for carrying out any
function imposed on it by law, and may provide rules as are
necessary for its government and the government of its employees,
and may delegate to the superintendent of public instruction the
management and administration of any function imposed on it by
law. It may provide for the appointment of board members to serve
on temporary committees established by the board for such purposes
as are necessary. Permanent or standing committees shall not be
created.
As used in this section, "community school" means a community
school established under Chapter 3314. of the Revised Code, and
"STEM school" means a STEM school established under Chapter 3326.
of the Revised Code.
Sec. 3301.073. Upon As required by section 3306.33 of the
Revised Code, and otherwise upon the request of the board of
education of any school
district, the state board of education
shall furnish technical assistance to
the school district in the
preparation of budgets, development of fiscal
controls,
preparation of financial statements and reports, revenue
estimating,
or in assisting the district in complying with any
certification requirements
relating to the district's revenue or
expenditures. The assistance may be in
the form of grants,
consultants, or the
temporary assignment of employees after
determining in consultation with the
district, its needs and the
nature of assistance needed and what assistance
the state board of
education can provide within the amounts appropriated for
this
purpose. The state board may enter into contracts with the
department of
taxation and, the auditor of state, and any other
governmental or private entity to perform its duties under this
section.
Sec. 3301.079. (A)(1) Not later than December 31, 2001 June
30, 2010, and at least once every five years thereafter,
the
state
board of education shall adopt
statewide
academic
standards
with
emphasis on coherence, focus, and rigor
for each of grades
kindergarten
through twelve in
reading,
writing, and mathematics.
Not later than December 31,
2002, the
state board shall adopt
statewide academic standards for
each of
grades kindergarten
through twelve in science and
social
studies.
The English language
arts, mathematics, science, and social
studies.
The standards shall specify the following:
(a) The core academic content
and
skills that
students are
expected to know and be able to do
at
each grade
level.
(2) that will allow each student to be prepared for
postsecondary instruction and the workplace for success in the
twenty-first century;
(b) The development of skill sets as they relate to
creativity and innovation, critical thinking and problem solving,
and communication and collaboration;
(c) The development of skill sets that promote information,
media, and technological literacy;
(d) The development of skill sets that promote flexibility
and adaptability, initiative and self-direction, social and
cross-cultural skills, productivity and accountability, and
leadership and responsibility;
(e) Interdisciplinary, project-based real world learning
opportunities;
(f) Opportunities for the inclusion of community service
learning.
(2) After completing the standards required by division
(A)(1) of this section, the state board shall adopt standards and
model curricula for instruction in computer literacy, wellness
literacy, financial literacy and entrepreneurship, fine arts, and
foreign language for grades kindergarten through twelve. The
standards shall meet the same requirements prescribed in divisions
(A)(1)(a) to (f) of this section.
(3) The state board shall adopt the most recent standards
developed by the national association for sport and physical
education for physical education in grades kindergarten through
twelve or shall adopt its own standards for physical education in
those grades and revise and update them periodically.
The department shall employ a full-time physical education
coordinator to provide guidance and technical assistance to
districts and community schools in implementing the physical
education standards adopted under this division. The
superintendent of public instruction shall determine that the
person employed as coordinator is qualified for the position, as
demonstrated by possessing an adequate combination of education,
license, and experience.
(4) When academic standards have been
completed for any
subject area required by this division section, the
state board
shall
inform all
school districts, and all community schools
established under Chapter 3314. of the Revised Code, of the
content of
those standards.
(B) Not later than eighteen months after the completion of
academic
standards for any subject area required by division (A)
of this section December 31, 2010, the state board
shall adopt a
model curriculum
for instruction in that each subject
area for
which updated academic standards are required by division (A)(1)
of this section and for each of grades
kindergarten through twelve
that is sufficient to meet the needs
of students in every
community. The model curriculum shall be
aligned
with the
standards, to ensure that the academic content and
skills
specified for each grade level are taught to students, and shall
demonstrate vertical articulation and emphasize coherence, focus,
and rigor.
When any model curriculum has
been completed, the state
board
shall inform all school districts and community schools
of
the content of that model
curriculum.
All
school districts and community schools may utilize the
state standards and the
model curriculum established by the state
board, together with
other relevant
resources, examples, or models
to ensure that
students have the
opportunity to attain the
academic standards.
Upon request, the
department of education
shall provide technical
assistance to any
district or community
school in implementing the model curriculum.
Nothing in this section requires any school district to
utilize all or any part of a model curriculum developed under this
division.
(C) The state board shall develop achievement tests
assessments aligned
with the academic standards and model
curriculum for each of the
subject areas and grade levels required
by divisions (A)(1) and (B)(1) of section 3301.0710 of
the Revised
Code.
When any achievement
test assessment has been completed,
the
state board
shall inform all school
districts and community
schools of its
completion, and the
department of education shall
make the
achievement test assessment available
to the districts
and community schools. School
districts
shall administer the
achievement test beginning in the
school year
indicated in section
3301.0712 of the Revised Code.
(D)(1) The state board shall adopt a
diagnostic assessment
aligned with the academic standards and
model curriculum for each
of grades kindergarten through two in
reading, writing, and
mathematics and for grade three
in writing. The diagnostic
assessment shall be designed to
measure student comprehension of
academic content and mastery of
related skills for the relevant
subject area and grade level. Any
diagnostic assessment shall not
include components to
identify
gifted
students. Blank copies
of
diagnostic tests shall be public
records.
(2)
When each diagnostic assessment has been
completed,
the
state board
shall inform all school districts of
its
completion
and the
department of education shall make the
diagnostic
assessment
available to the districts at no cost to the
district.
School
districts shall administer the diagnostic
assessment
pursuant to
section 3301.0715 of the Revised Code
beginning the
first school
year following the development of the
assessment.
(E) The state board shall not adopt a diagnostic or
achievement assessment for any grade level or subject area other
than those specified in this section.
(F) Whenever the state board or the department of education
consults with persons for the purpose of drafting or reviewing any
standards, diagnostic assessments, achievement tests assessments,
or model
curriculum required under this section, the state board
or the
department shall first consult with parents of students in
kindergarten through twelfth grade and with active Ohio classroom
teachers, other school personnel,
and administrators with
expertise in the appropriate subject area.
Whenever practicable,
the state board and
department shall consult
with teachers
recognized as outstanding
in their fields.
If the department contracts with more than one outside entity
for the development of the achievement tests assessments required
by this section, the department shall ensure the
interchangeability of those tests assessments.
(F)(G) The fairness sensitivity review committee, established
by rule of the state board of education, shall not allow any
question on any achievement test or diagnostic assessment
developed under this section or any proficiency test prescribed by
former section 3301.0710 of the Revised Code, as it existed prior
to
September 11, 2001, to
include, be written to
promote, or
inquire as to individual moral
or social values or
beliefs. The
decision of the committee shall
be final. This
section does not
create a private cause of action.
(H) As used in this section:
(1) "Coherence" means a reflection of the structure of the
discipline being taught.
(2) "Focus" means limiting the number of items included in a
curriculum to allow for deeper exploration of the subject matter.
(3) "Rigor" means more challenging and demanding when
compared to international standards.
(4) "Vertical articulation" means key academic concepts and
skills associated with mastery in particular content areas should
be articulated and reinforced in a developmentally appropriate
manner at each grade level so that over time students acquire a
depth of knowledge and understanding in the core academic
disciplines.
Sec. 3301.0710. The state board of education shall adopt
rules establishing a statewide program to test assess student
achievement. The state board shall
ensure that all tests
assessments
administered under the testing program are
aligned
with the
academic standards and model curricula adopted by
the
state board
and are created with input from Ohio parents, Ohio
classroom
teachers, Ohio school administrators, and other
Ohio
school
personnel
pursuant to section 3301.079 of
the Revised Code.
The testing assessment program shall be designed to ensure
that students
who receive
a high school diploma demonstrate at
least high
school
levels of
achievement in reading, writing
English language arts,
mathematics,
science,
and
social studies,
and other skills necessary in the twenty-first century.
(A)(1)
The state board shall prescribe all of the
following:
(a) Two statewide achievement tests assessments, one each
designed to
measure the
level of reading English language arts
and mathematics skill expected at the
end of third grade;
(b) Three Two statewide achievement tests assessments, one
each designed to
measure the level of reading, writing, English
language arts and mathematics skill
expected at the
end of fourth
grade;
(c) Four statewide achievement tests assessments, one each
designed to
measure the level of reading English language arts,
mathematics,
science, and social
studies skill expected at
the
end of fifth
grade;
(d) Two statewide achievement tests assessments, one each
designed to
measure the level of reading English language arts
and mathematics skill expected at the
end of sixth grade;
(e) Three Two statewide achievement tests assessments, one
each designed to
measure the level of reading, writing, English
language arts and mathematics skill
expected at the end of seventh
grade;
(f) Four statewide achievement tests assessments, one each
designed to
measure the level of reading English language arts,
mathematics, science, and social
studies skill expected at
the
end of eighth grade.
(2) The state board shall determine and designate at least
five three ranges of scores on each of the achievement tests
assessments described
in divisions (A)(1) and (B)(1) of this
section. Each range of scores
shall be
deemed to demonstrate a
level of achievement so that any
student
attaining a score within
such range has achieved one of
the
following:
(a) An advanced level of skill;
(b) An accelerated level of skill;
(c) A proficient level of skill;
(d) A basic level of skill;
(e)(c) A limited level of skill.
(B)(1)
The tests assessments prescribed under this division
(B)(1) of this section shall
collectively be known as the
Ohio
graduation tests. The state
board shall prescribe five
statewide
high
school
achievement
tests assessments, one each
designed to
measure
the level
of reading,
writing,
mathematics,
science, and
social
studies skill expected
at the end
of tenth
grade. The
state board shall designate a score in at
least the
range
designated under division (A)(2)(c)(b) of this
section on
each
such test assessment that shall be deemed to be a passing
score
on the test assessment as a condition toward granting high
school
diplomas under sections 3313.61, 3313.611, 3313.612, and
3325.08
of the Revised Code until the assessment system
prescribed by
section 3301.0712 of the Revised Code is
implemented in
accordance with rules adopted by the state board under division
(E) of that section.
(2) The state board shall prescribe an assessment system in
accordance with section 3301.0712 of
the Revised Code that shall
replace the Ohio graduation tests in the
manner prescribed by
rules adopted by the state board under
division (E) of that
section.
(3) The state board may enter into a reciprocal agreement
with
the appropriate body or agency of any other state that has
similar
statewide
achievement testing assessment requirements for
receiving
high
school diplomas, under which any student who has
met
an
achievement testing assessment requirement of one state
is
recognized as
having met the similar
achievement
testing
requirement of the
other state for purposes of receiving a
high
school diploma. For
purposes of this section and sections
3301.0711 and 3313.61 of
the
Revised Code, any student enrolled in
any public high school
in
this state
who has met
an achievement
testing assessment requirement
specified in a reciprocal
agreement
entered
into under this
division shall be deemed to have
attained
at least
the applicable
score designated under this
division on
each test
assessment required by
this
division (B)(1) or (2) of
this section
that is specified
in the agreement.
(C) Except as provided in division (H) of this section, the
state board shall annually designate as follows
the
dates on which
the tests prescribed under this section shall
be
administered:
(1) For the reading test prescribed under division
(A)(1)(a)
of this
section, as follows:
(a)
One date prior to the thirty-first day of
December each
school
year;
(b) At least one date of each school year that is not
earlier
than Monday of the week containing the twenty-fourth day of
April.
(2) For the mathematics test prescribed under division
(A)(1)(a) of this section and the tests prescribed under
divisions
(A)(1)(b),
(c), (d), (e), and (f)
of this section, at least one
date of each
school year that is not earlier than Monday of the
week
containing
the
twenty-fourth day of April;
(3) For the tests prescribed under division (B) of this
section, at least one date in each school year that is
not earlier
than Monday of the week containing the fifteenth day
of
March for
all tenth grade students and at
least one date prior to the
thirty-first day of
December and at least one date subsequent to
that date but prior
to the thirty-first day of March of each
school year for eleventh and
twelfth grade students.
(D) In prescribing test dates pursuant to division
(C)(3)
of
this section, the state board shall, to the greatest
extent
practicable,
provide options to school districts in the case of
tests
administered under that division to eleventh and twelfth
grade
students and in the case of tests administered to students
pursuant to division
(C)(2) of section
3301.0711 of the Revised
Code. Such options shall include at least an
opportunity
for
school districts
to give such tests outside of regular school
hours.
(E) In The superintendent of public instruction shall
designate dates and times for the administration of the
assessments prescribed by divisions (A) and (B) of this section.
In prescribing test administration dates pursuant to this
section division, the
state
board of education superintendent
shall
designate the dates in such a way
as to allow a
reasonable
length
of time between the administration
of tests assessments
prescribed
under
this section and any administration of
the
National
Assessment national assessment of Education
Progress
Test
education progress given to
students in the same grade
level
pursuant to section
3301.27 of
the Revised Code or federal
law.
(F)(D) The state board shall prescribe a practice version of
each Ohio graduation test described in division (B)(1) of this
section that is of comparable length to the actual test.
(G)(E) Any committee established by the department of
education
for the purpose of making recommendations to the state
board
regarding the state board's designation of scores on the
tests
described by this section shall inform the state board of
the
probable percentage of students who would score in each of
the
ranges established under division (A)(2) of this section on
the
tests if the committee's recommendations are adopted by the
state
board. To the extent possible, these percentages shall be
disaggregated by gender, major racial and ethnic groups, limited
English proficient students, economically disadvantaged students,
students with disabilities, and migrant students.
If the state board intends to make any change to the
committee's recommendations, the state board shall explain the
intended change to the Ohio accountability task force established
by section 3302.021 of the Revised Code. The task force shall
recommend whether the state board should proceed to adopt the
intended change. Nothing in this division shall require the state
board to designate test scores based upon the recommendations of
the task force.
(H)(1) The state board shall require any alternate assessment
administered to a student under division (C)(1) of section
3301.0711 of the Revised Code to be completed and submitted to the
entity with which the department contracts for the scoring of the
test not later than the first day of April of the school year in
which the test is administered.
(2) For any test prescribed by this section, the state board
may designate a date one week earlier than the applicable date
designated under division (C) of this section for the
administration of the test to limited English proficient students.
(3) In designating days for the administration of the tests
prescribed by division (A) of this section, the state board shall
require the tests for each grade level to be administered over a
period of two weeks.
Sec. 3301.0711. (A) The department of education shall:
(1) Annually furnish
to, grade, and score all tests
assessments required
by divisions (A)(1) and (B)(1) of
section
3301.0710 of the Revised Code to
be administered by
city,
local,
exempted
village, and joint vocational school
districts, except
that each district shall score any test
administered pursuant to
division (B)(10) of this section. Each
test assessment so
furnished shall include the data verification code of the
student
to whom the test will be administered, as assigned
pursuant to
division (D)(2) of section 3301.0714 of the Revised
Code. In
furnishing the practice versions of Ohio graduation tests
prescribed by division (F)(D) of section 3301.0710 of the Revised
Code, the department shall make the tests available on its web
site for reproduction by districts. In awarding contracts for
grading tests assessments, the
department shall give preference to
Ohio-based
entities employing
Ohio residents.
(2) Adopt rules for the ethical use of tests assessments and
prescribing
the manner in which the tests assessments prescribed
by section
3301.0710 of
the Revised Code shall be administered to
students.
(B) Except as provided in divisions (C) and (J) of this
section, the board of education of each city, local, and exempted
village school district shall, in accordance with rules adopted
under division (A) of this section:
(1) Administer the reading test English language arts
prescribed under division
(A)(1)(a)
of
section 3301.0710 of the
Revised Code twice annually
to
all
students in the
third grade
who have not attained the score
designated for that test
assessment under division (A)(2)(c)(b) of section
3301.0710 of the
Revised
Code.
(2) Administer the mathematics test assessment prescribed
under division
(A)(1)(a) of section 3301.0710 of the Revised Code
at least once
annually to all students in the third grade.
(3) Administer the tests assessments prescribed under
division (A)(1)(b)
of section 3301.0710 of the Revised Code
at
least once
annually
to
all students in the fourth grade.
(4) Administer the tests assessments prescribed
under
division
(A)(1)(c)
of section 3301.0710 of the Revised Code at
least
once annually
to
all students in the
fifth grade.
(5) Administer the tests assessments prescribed under
division (A)(1)(d)
of section 3301.0710 of the Revised Code at
least once annually to
all students in the sixth grade.
(6) Administer
the tests assessments prescribed under
division
(A)(1)(e)
of section 3301.0710 of the Revised Code at
least
once
annually
to
all students in the
seventh
grade.
(7)
Administer
the tests assessments prescribed under
division (A)(1)(f)
of section 3301.0710 of the Revised Code at
least once annually to
all students in the eighth grade.
(8) Except as provided in division (B)(9) of this
section,
administer any test assessment prescribed under division (B)(1) of
section
3301.0710 of the Revised Code as follows:
(a) At least once annually to all tenth grade students and
at
least twice annually
to all students in eleventh or twelfth
grade
who have not yet attained the score on that test assessment
designated
under
that division;
(b) To any person who has successfully completed the
curriculum in any high school or the individualized education
program developed for the person by any high school pursuant to
section 3323.08 of the Revised Code but has not received a high
school diploma and who requests to take such test assessment, at
any time
such test is administered in the district.
(9) In lieu of the board of education of any city, local, or
exempted village school district in which the student is also
enrolled, the board of a joint vocational school district shall
administer any test assessment prescribed under division (B)(1) of
section
3301.0710 of the Revised Code at least twice annually to
any
student enrolled in the joint vocational school district who
has
not yet attained the score on that test assessment designated
under that
division. A board of a joint vocational school district
may also
administer such a test an assessment to any student
described in division
(B)(8)(b) of this section.
(10) If the district has been declared to be under an
academic watch or in a state of academic emergency pursuant to
section 3302.03 of the Revised Code or has a three-year average
graduation rate of not more than seventy-five per cent, administer
each test assessment prescribed by division (F)(D) of section
3301.0710 of the
Revised Code in September to all ninth grade
students, beginning
in the school year that starts July 1, 2005.
Except as provided in section 3313.614 of the Revised Code
for administration of an assessment to a person who has fulfilled
the curriculum requirement for a high school diploma but has not
passed one or more of the required assessments, the assessments
prescribed under division (B)(1) of section 3301.0710 of the
Revised Code and the practice assessments prescribed under
division (D) of that section and required to be administered under
divisions (B)(8), (9), and (10) of this section shall not be
administered after the assessment system prescribed by division
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised
Code is implemented under rule of the state board adopted under
division (E)(1) of section 3301.0712 of the Revised Code.
(11) Administer the assessments prescribed by division (B)(2)
of section 3301.0710 and section 3301.0712 of the Revised Code in
accordance with the timeline and plan for implementation of those
assessments prescribed by rule of the state board adopted under
division (E)(1) of section 3301.0712 of the Revised
Code.
(C)(1)(a) Any student receiving special education services
under
Chapter 3323. of the Revised Code
may be excused from
taking
any particular test assessment required to be administered under
this
section
if the individualized education program developed
for the
student
pursuant to section 3323.08 of the Revised Code
excuses
the
student from taking that test
assessment and
instead
specifies an
alternate
assessment method approved by the
department of
education as
conforming to requirements of federal
law for receipt
of federal
funds for disadvantaged pupils. To the
extent
possible, the
individualized education program shall not
excuse
the student from
taking a test an assessment unless no
reasonable
accommodation
can be made to
enable the student to
take the test assessment.
(b) Any alternate assessment approved by the department
for
a
student under this division shall produce measurable results
comparable to those produced by the tests which the alternate
assessments are replacing assessment it replaces in order to allow
for the student's
assessment results to be included in the data
compiled for a
school district or building under section 3302.03
of the Revised
Code.
(c) Any
student
enrolled in a chartered
nonpublic school
who
has been identified,
based on an evaluation conducted in
accordance with section
3323.03 of the Revised Code or section 504
of the
"Rehabilitation
Act of 1973," 87 Stat. 355, 29 U.S.C.A.
794, as amended, as a
child with a disability shall be excused
from taking any
particular test
assessment required to be
administered under
this section if
a plan developed for the
student pursuant to rules
adopted by the
state board excuses the
student from
taking that
test assessment. In the
case of any
student so excused from taking a test an assessment,
the chartered
nonpublic school shall not prohibit the student from
taking the
test assessment.
(2) A district board may, for medical reasons or other
good
cause, excuse a student from taking a test an assessment
administered
under this
section on the date scheduled, but any
such test that assessment shall
be
administered to such the
excused student not later than
nine days
following the scheduled
date. The district board shall annually
report the
number of
students who have not taken one or more of
the tests assessments
required by this section to the state board of
education not later
than the thirtieth day of
June.
(3) As used in this division, "limited English proficient
student"
has the same meaning as in 20 U.S.C. 7801.
No school district board shall excuse any limited English
proficient student from taking any particular test assessment
required to be
administered under this section, except that any
limited English
proficient student who has been enrolled in
United States schools
for less than one full school year shall
not be required to take
any such reading or, writing test, or
English language arts assessment. However, no board shall prohibit
a limited English proficient student who is not required to take a
test an assessment under this division from taking the test
assessment. A board may permit
any limited English proficient
student to take any test an assessment required
to be
administered under this section with appropriate
accommodations,
as determined by the department. For each limited
English
proficient student, each
school district shall annually
assess
that student's progress
in learning
English, in accordance
with
procedures approved by the
department.
The
governing authority of a
chartered
nonpublic school may
excuse a limited English proficient student from taking any test
assessment administered under this section. However, no governing
authority
shall prohibit
a limited English proficient student
from
taking
the test assessment.
(D)(1) In the school year next succeeding
the school year in
which the tests assessments prescribed by division (A)(1) or
(B)(1) of
section
3301.0710
of the Revised Code
or former division
(A)(1), (A)(2),
or (B) of
section
3301.0710 of the Revised Code
as it existed
prior to
September 11, 2001, are administered to
any
student,
the
board
of education of any school district in
which
the
student
is
enrolled in that year shall provide
to the
student intervention
services
commensurate with the student's test
performance,
including any intensive intervention required under
section
3313.608 of the Revised Code, in any skill in which the
student
failed
to demonstrate at least
a score at the proficient
level
on
the test assessment.
(2) Following any administration of the tests assessments
prescribed by
division (F)(D) of section 3301.0710 of the Revised
Code to ninth
grade students, each school district that has a
three-year average
graduation rate of not more than seventy-five
per cent shall
determine for each high school in the district
whether the school
shall be required to provide intervention
services to any students
who took the tests assessments. In
determining which high schools shall
provide intervention
services based on the resources available,
the district shall
consider each school's graduation rate and
scores on the practice
tests assessments. The district also shall consider the
scores
received by ninth grade students on the reading English language
arts and
mathematics tests prescribed under division (A)(1)(f) of
section
3301.0710 of the Revised Code in the eighth grade in
determining
which high schools shall provide intervention
services.
Each high school selected to provide intervention services
under this division shall provide intervention services to any
student whose test results indicate that the student is failing to
make satisfactory progress toward being able to attain scores at
the proficient level on the Ohio graduation tests. Intervention
services shall be provided in any skill in which a student
demonstrates unsatisfactory progress and shall be commensurate
with the student's test performance. Schools shall provide the
intervention services prior to the end of the school year, during
the summer following the ninth grade, in the next succeeding
school year, or at any combination of those times.
(E) Except as provided in section 3313.608 of the Revised
Code and division
(M) of this section,
no school district board of
education shall
utilize any
student's failure to
attain a
specified score on
any test an assessment administered under this
section
as a
factor in any decision to deny the student promotion
to a higher
grade level. However, a district board may
choose not
to promote
to
the next grade level any student who does not take
any
test
an assessment administered under this section or make up
such test an assessment as
provided
by division (C)(2) of this
section and who is not exempt from the
requirement to take the
test assessment under division (C)(3) of this
section.
(F) No person shall be charged a fee for taking any test
assessment administered under this section.
(G)(1) Each school district board shall designate one
location for the collection of tests assessments administered in
the spring
under division (B)(1) of this section and the tests
those administered
under divisions (B)(2) to (7) of this section.
Each district board
shall submit the tests assessments to the
entity with which the department
contracts for the scoring of the
tests assessments as follows:
(a) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
less than two thousand five hundred, not later than the Friday
after all of the tests assessments have been administered;
(b) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
two thousand five hundred or more, but less than seven thousand,
not later than the Monday after all of the tests assessments have
been
administered;
(c) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
seven thousand or more, not later than the Tuesday after all of
the tests
assessments have been administered.
However, any such test assessment that a student takes during
the
make-up period described in division (C)(2) of this section
shall
be submitted not later than the Friday following the day
the
student takes the test assessment.
(2)
The
department or an entity with which the department
contracts for the scoring of the test assessment shall send to
each school
district board a list of the
individual test scores
of all persons
taking any test an assessment prescribed by
division (A)(1) or (B)(1) of section
3301.0710 of the Revised
Code within sixty days after its
administration, but in no case
shall the scores be returned later
than the fifteenth day of June
following the administration. For
any
tests assessments
administered under this section by a joint vocational
school
district, the department or entity shall also send to each
city,
local, or
exempted village school district a list of the
individual test
scores of any students of such city, local, or
exempted village
school district who are attending school in the
joint vocational
school district.
(H) Individual test scores on any tests assessments
administered under
this section shall be released by a district
board only in
accordance with section 3319.321 of the Revised Code
and the
rules
adopted under division (A) of this section. No
district
board or
its employees shall utilize individual or
aggregate test
results
in any manner that conflicts with rules for
the ethical
use of
tests assessments adopted pursuant to division
(A) of this section.
(I) Except as provided in division (G) of this section,
the
department or an entity with which the department contracts for
the scoring of the test assessment shall not release any
individual test scores on
any
test assessment
administered under
this section. The state
board of education
shall adopt rules to
ensure the protection of
student
confidentiality at all times.
The rules may require the
use of
the data verification codes
assigned to students pursuant
to
division (D)(2) of section
3301.0714 of the Revised Code to
protect the confidentiality of
student test scores.
(J) Notwithstanding
division (D) of section 3311.52 of the
Revised Code, this section
does not apply to the board of
education of any
cooperative education school district except as
provided under
rules adopted pursuant to this division.
(1) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education
school
district established pursuant to
divisions (A) to (C) of
section
3311.52 of the Revised Code may
enter into an agreement
with the
board of education of the
cooperative
education school district for administering any test
assessment
prescribed
under this section to students of the city,
exempted
village, or
local school district who are attending
school in the
cooperative education school district.
(2) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education school district established pursuant to
section 3311.521 of the Revised Code shall enter into an
agreement
with the cooperative district that provides for the
administration
of any test assessment prescribed under this section to both
of
the
following:
(a) Students who are attending school in the cooperative
district and who, if the cooperative district were not
established, would be entitled to attend school in the city,
local, or exempted village school district pursuant to section
3313.64 or 3313.65 of the Revised Code;
(b) Persons described in division (B)(8)(b) of this
section.
Any testing assessment of students pursuant to such an
agreement shall
be in lieu of any testing assessment of such
students or persons pursuant to
this section.
(K)(1) Any chartered nonpublic school may participate in
the
testing assessment program by administering any of the tests
assessments prescribed
by
section 3301.0710 or 3301.0712 of the
Revised Code if the chief
administrator
of the school specifies
which tests assessments the school
wishes to
administer. Such
specification shall be made in
writing
to the
superintendent of
public instruction prior to the
first day
of
August of any school
year in which tests assessments are
administered and
shall include
a pledge that the nonpublic school
will administer
the specified
tests assessments in the same manner as public
schools are
required to do under this section and rules adopted
by the
department.
(2) The department of education shall furnish the tests
assessments prescribed by section 3301.0710 or 3301.0712 of the
Revised Code
to any
chartered nonpublic school electing to
participate under
this
division.
(L)(1)
The assistant superintendent of for the state school
for the blind
and
the
assistant superintendent of for the state
school for the deaf shall
administer
the tests assessments
described by section sections
3301.0710 and 3301.0712 of
the
Revised
Code.
Each
assistant superintendent
shall administer the
tests
assessments in
the same
manner
as
district boards are
required to
do under this
section
and rules
adopted by the
department of
education
and in conformity
with
division (C)(1)(a)
of this
section.
(2) The department of education shall furnish the tests
assessments
described by section sections 3301.0710 and 3301.0712
of the Revised Code to
each
assistant superintendent.
(M) Notwithstanding division (E) of this section,
a school
district may
use a student's failure to attain a score in at
least
the basic range on the mathematics test assessment described by
division
(A)(1)(a) of section 3301.0710 of the Revised Code or on
any of
the
tests an assessment
described by division
(A)(1)(b),
(c), (d), (e), or (f)
of
section 3301.0710 of the
Revised
Code
as
a factor in retaining
that student in the current
grade
level.
(N)(1) In the manner specified in divisions (N)(3) to (5) and
(4) of
this section, the
tests assessments required by division
(A)(1) of section
3301.0710
of the
Revised Code shall become
public records pursuant to
section
149.43 of the Revised Code on
the first day of July
following the
school year that the test was
assessments were
administered.
(2) The department may field test proposed
test
questions
with
samples of students to determine the validity,
reliability,
or appropriateness
of test questions for possible
inclusion in a
future year's
test assessment. The department also may use anchor
questions
on tests assessments to ensure that different versions
of the same test are of
comparable difficulty.
Field test questions and anchor questions shall not be
considered in computing
test scores for
individual students. Field
test questions and anchor questions may be
included
as part of the
administration of any
test assessment
required by division (A)(1)
or (B)(1) of
section
3301.0710 of the
Revised Code.
(3) Any field test question or anchor question administered
under division
(N)(2) of
this section shall not be a public
record. Such field
test questions and anchor questions shall be
redacted from any
tests assessments which
are
released as a public
record
pursuant to division (N)(1) of
this
section.
(4) This division applies to the tests assessments prescribed
by division
(A) of section 3301.0710 of the Revised Code.
(a) The first administration of each test assessment, as
specified in former
section 3301.0712 of the Revised Code, shall
be a public record.
(b) For subsequent administrations of each test assessment,
not less
than forty per cent of the questions on the test
assessment that are used to
compute a student's score shall be a
public record. The department
shall determine which questions
will be needed for reuse on a
future test assessment and those
questions shall not be public records and
shall be redacted from
the test assessment prior to its release as a public
record.
However, for each redacted question, the department shall
inform
each city, local, and exempted village school district of
the
statewide academic standard adopted by the state board of
education under section 3301.079 of the Revised Code and the
corresponding benchmark to which the question relates. The
preceding sentence does not apply to field test questions that are
redacted under division (N)(3) of this section.
(5) Each test assessment prescribed by division (B)(1) of
section 3301.0710
of the Revised Code that is administered in the
spring shall be a
public record. Each test prescribed by that
division that is
administered in the fall or summer shall not be
a public record.
(O) As used in this section:
(1) "Three-year average" means the average of the most recent
consecutive three school years of data.
(2) "Dropout" means a student who withdraws from school
before completing course requirements for graduation and who is
not enrolled in an education program approved by the state board
of education or an education program outside the state. "Dropout"
does not include a student who has departed the country.
(3) "Graduation rate" means the ratio of students receiving a
diploma to the number of students who entered ninth grade four
years earlier. Students who transfer into the district are added
to the calculation. Students who transfer out of the district for
reasons other than dropout are subtracted from the calculation. If
a student who was a dropout in any previous year returns to the
same school district, that student shall be entered into the
calculation as if the student had entered ninth grade four years
before the graduation year of the graduating class that the
student joins.
Sec. 3301.0712. (A) The state board of education, the
superintendent of public instruction, and the chancellor of the
Ohio board of regents shall develop a system of assessments as
described in divisions (B)(1) to (4) of this section to assess
whether each student upon graduating from high school is college
or career ready. The
system shall replace the Ohio graduation
tests prescribed in
division (B)(1) of section 3301.0710 of the
Revised Code as a measure of student academic performance and a
prerequisite for eligibility for a high school diploma in the
manner prescribed by rule of the state board adopted under
division (E) of this section.
(B) The assessment system shall consist of the following:
(1) A nationally standardized assessment that measures
competencies in science, mathematics, and English language arts
selected jointly by the state superintendent and the chancellor.
(2) A series of end-of-course examinations in the areas of
science, mathematics, English language arts, and social studies
selected jointly by the state superintendent and the chancellor in
consultation with faculty in the appropriate subject areas at
institutions of higher education of the university system of Ohio.
(3) A community service learning project developed and
completed by each student in accordance with section 3313.605 of
the Revised Code. The purpose of the community service learning
project is to
assess the student's:
(a) Awareness of the importance of civic responsibility and
community service;
(c) Collaboration skills;
(d) Cultural awareness and global competence; and
(e) Flexibility, adaptability, and self-direction.
The community service learning project shall promote learning
through active participation, provide structured time for the
student to reflect, provide opportunities to use skills and
knowledge in real-life situations, extend learning beyond the
classroom, and foster a sense of caring for others.
(4) A senior project completed by a student or a group of
students. The purpose of the senior project is to assess the
student's:
(a) Mastery of core knowledge in a subject area chosen by the
student;
(b) Written and verbal communication skills;
(c) Critical thinking and problem-solving skills;
(d) Real world and interdisciplinary learning;
(e) Creative and innovative thinking;
(f) Acquired technology, information, and media skills; and
(g) Personal management skills such as self-direction, time
management, work ethic, enthusiasm, and the desire to produce a
high quality product.
The state superintendent and the chancellor jointly shall
develop standards for the senior project for students
participating in dual enrollment programs.
(C)(1) The state superintendent and the chancellor jointly
shall designate the scoring rubrics and the required overall
composite score for the assessment system to assess whether each
student is college or career ready.
(2) Each community service learning project and senior
project shall be judged by the student's high school in accordance
with rubrics designated by the state superintendent and the
chancellor.
(D) Not later than thirty days after the state board adopts
the model curricula required by division (B) of section 3301.079
of the Revised Code, the state board shall
convene a group of
national experts, state experts, and local
practitioners to
provide advice, guidance, and recommendations for
the alignment
of standards and model curricula to the assessments
and in the
design of the end-of-course examinations and scoring
rubrics
prescribed by this section.
(E) Upon completion of the development of the assessment
system, the state board shall adopt rules prescribing all of the
following:
(1) A timeline and plan for implementation of the assessment
system, including a phased implementation if the state board
determines such a phase-in is warranted;
(2) The date after which a person entering ninth grade shall
attain at least the composite score for the entire assessment
system as a prerequisite for a high school diploma under sections
3313.61, 3313.612, or 3325.08 of the Revised Code;
(3) The date after which a person shall attain at least the
composite score for the entire assessment system as a prerequisite
for a diploma of adult education under section 3313.611 of the
Revised Code;
(4) Whether and the extent to which a person may be excused
from a social studies end-of-course examination under division (H)
of section 3313.61 and division (B)(2) of section 3313.612 of the
Revised Code;
(5) The date after which a person who has fulfilled the
curriculum requirement for a diploma but has not passed one or
more of the required assessments at the time the person fulfilled
the curriculum requirement shall attain at least the composite
score for the entire assessment system as a prerequisite for a
high school diploma under division (B) of section 3313.614 of the
Revised Code;
(6) The extent to which the assessment system applies to
students enrolled in a dropout recovery and prevention program for
purposes of division (F) of section 3313.603 and section 3314.36
of
the Revised Code.
No rule adopted under this division shall be effective
earlier than one year after the date the rule is filed in final
form pursuant to Chapter 119. of the Revised Code.
Sec. 3301.0714. (A) The state board of education shall
adopt
rules for a statewide education management information
system. The
rules shall require the state board to
establish
guidelines for
the establishment and maintenance of the system in
accordance with
this section and the rules adopted under this
section. The
guidelines shall include:
(1) Standards identifying and defining the types of data
in
the system in accordance with divisions (B) and (C) of this
section;
(2) Procedures for annually collecting and reporting the
data
to the state board in accordance with division
(D) of this
section;
(3) Procedures for annually compiling the data in
accordance
with division (G) of this section;
(4) Procedures for annually reporting the data to the
public
in accordance with division (H) of this section.
(B) The guidelines adopted under this section shall
require
the data maintained in the education management
information system
to include at least the following:
(1) Student participation and performance data, for each
grade in each school district as a whole and for each grade in
each school building in each school district, that
includes:
(a) The numbers of students receiving each category of
instructional service offered by the school district, such as
regular education instruction, vocational education instruction,
specialized instruction programs or enrichment instruction that
is
part of the educational curriculum, instruction for gifted
students, instruction for students with disabilities,
and
remedial
instruction. The guidelines shall require
instructional
services
under this division to be divided into
discrete
categories if an
instructional service is limited to a
specific
subject, a
specific
type of student, or both, such as
regular
instructional
services
in mathematics, remedial reading
instructional services,
instructional services specifically for
students gifted in
mathematics or some other subject area, or
instructional services
for students with a specific type of
disability. The categories of
instructional services
required by
the guidelines under this
division shall be the same
as the
categories of instructional
services used in determining
cost
units pursuant to division
(C)(3) of this section.
(b) The numbers of students receiving support or
extracurricular services for each of the support services or
extracurricular programs offered by the school district, such as
counseling services, health services, and extracurricular sports
and fine arts programs. The categories of services required by
the
guidelines under this division shall be the same as the
categories
of services used in determining cost units pursuant to
division
(C)(4)(a) of this section.
(c) Average student grades in each subject in grades nine
through twelve;
(d) Academic achievement levels as assessed by the testing
of
student
achievement under sections 3301.0710 and,
3301.0711, and
3301.0712 of
the
Revised Code;
(e) The number of students designated as having a
disabling
condition pursuant to division (C)(1) of
section
3301.0711 of the
Revised Code;
(f) The numbers of students reported to the state board
pursuant to division (C)(2) of section 3301.0711 of the Revised
Code;
(g) Attendance rates and the average daily attendance for
the
year. For purposes of this division, a student shall be
counted as
present for any field trip that is approved by the
school
administration.
(j) The percentage of students receiving corporal
punishment;
(l) Rates of retention in grade;
(m) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with state
board of education rules;
(n) Graduation rates, to be calculated in a manner
specified
by the department of education that reflects the rate
at
which
students who were in the ninth grade three years prior
to
the
current year complete school and that is consistent with
nationally accepted reporting requirements;
(o) Results of diagnostic assessments administered to
kindergarten students as required under section 3301.0715 of the
Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to
report to the department the results of any diagnostic assessment
administered to a kindergarten student if the parent of that
student requests the district not to report those results.
(p) Aggregate results of kindergarten and first grade
hearing, vision, speech and communications, health and medical,
and developmental screenings required under section 3313.673 of
the Revised Code.
(2) Personnel and classroom enrollment data for each
school
district, including:
(a) The total numbers of licensed employees and
nonlicensed
employees and the numbers of full-time
equivalent licensed
employees and nonlicensed employees providing
each category of
instructional service, instructional support
service, and
administrative support service used pursuant to
division (C)(3) of
this section. The guidelines adopted under
this section shall
require these categories of data to be
maintained for the school
district as a whole and, wherever
applicable, for each grade in
the school district as a whole, for
each school building as a
whole, and for each grade in each
school building.
(b) The total number of employees and the number of
full-time
equivalent employees providing each category of service
used
pursuant to divisions (C)(4)(a) and (b) of this section, and
the
total numbers of licensed employees and nonlicensed
employees
and
the numbers of full-time equivalent licensed
employees and
nonlicensed employees providing each category
used pursuant to
division (C)(4)(c) of this section. The
guidelines adopted under
this section shall require these
categories of data to be
maintained for the school district as a
whole and, wherever
applicable, for each grade in the school
district as a whole, for
each school building as a whole, and for
each grade in each school
building.
(c) The total number of regular classroom teachers
teaching
classes of regular education and the average number of
pupils
enrolled in each such class, in each of grades
kindergarten
through five in the district as a whole and in each
school
building in the school district.
(d) The number of master lead teachers employed by each
school
district and each school building, once a definition of
master
teacher has been developed by the educator standards board
pursuant to section 3319.61 of the Revised Code.
(3)(a) Student demographic data for each school district,
including information regarding the gender ratio of the school
district's pupils, the racial make-up of the school district's
pupils, the number of limited English proficient students in the
district, and an appropriate measure of the number of the school
district's pupils who reside in economically disadvantaged
households. The demographic data shall be collected in a manner
to
allow correlation with data collected under division (B)(1) of
this section. Categories for data collected pursuant to division
(B)(3) of this section shall conform, where appropriate, to
standard practices of agencies of the federal government.
(b) With respect to each student entering kindergarten,
whether
the student previously participated in a public preschool
program, a private
preschool program, or a head start program, and
the number of years the
student participated in each of these
programs.
(4) Any data required to be collected pursuant to federal
law.
(C) The education management information system shall
include
cost accounting data for each district as a whole and for
each
school building in each school district. The guidelines
adopted
under this section shall require the cost data for each
school
district to be maintained in a system of mutually
exclusive
cost
units and shall require all of the costs of each
school
district
to be divided among the cost units. The
guidelines shall
require
the system of mutually exclusive cost
units to include at
least
the following:
(1) Administrative costs for the school district as a
whole.
The guidelines shall require the cost units under this
division
(C)(1) to be designed so that each of them may be
compiled and
reported in terms of average expenditure per pupil
in formula ADM
in the school
district, as determined pursuant to section 3317.03
of the Revised Code.
(2) Administrative costs for each school building in the
school district. The guidelines shall require the cost units
under
this division (C)(2) to be designed so that each of them
may
be
compiled and reported in terms of average expenditure per
full-time equivalent pupil receiving instructional or support
services in each building.
(3) Instructional services costs for each category of
instructional service provided directly to students and required
by guidelines adopted pursuant to division (B)(1)(a) of this
section. The guidelines shall require the cost units under
division (C)(3) of this section to be designed so that each of
them may be compiled and reported in terms of average expenditure
per pupil receiving the service in the school district as a whole
and average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each instructional services category
required
by guidelines adopted under division (B)(1)(a) of this
section
that is provided directly to students by a classroom
teacher;
(b) The cost of the instructional support services, such
as
services provided by a speech-language pathologist, classroom
aide, multimedia aide, or librarian, provided directly to
students
in conjunction with each instructional services
category;
(c) The cost of the administrative support services
related
to each instructional services category, such as the cost
of
personnel that develop the curriculum for the instructional
services category and the cost of personnel supervising or
coordinating the delivery of the instructional services category.
(4) Support or extracurricular services costs for each
category of service directly provided to students and required by
guidelines adopted pursuant to division (B)(1)(b) of this
section.
The guidelines shall require the cost units under
division (C)(4)
of this section to be designed so that each of
them may be
compiled and reported in terms of average expenditure
per pupil
receiving the service in the school district as a whole
and
average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each support or extracurricular services
category required by guidelines adopted under division (B)(1)(b)
of this section that is provided directly to students by a
licensed employee, such as services provided by a guidance
counselor or any services provided by a licensed employee
under a
supplemental contract;
(b) The cost of each such services category provided
directly
to students by a nonlicensed employee, such as
janitorial
services, cafeteria services, or services of a sports
trainer;
(c) The cost of the administrative services related to
each
services category in division (C)(4)(a) or (b) of this
section,
such as the cost of any licensed or nonlicensed
employees that
develop, supervise, coordinate, or otherwise are
involved in
administering or aiding the delivery of each services
category.
(D)(1) The guidelines adopted under this section
shall
require
school districts to collect information about individual
students, staff members, or both in connection with any data
required by division (B) or (C) of this section or other
reporting
requirements established in the Revised Code. The
guidelines may
also require school districts to report
information about
individual staff members in connection with any
data required by
division (B) or (C) of this section or other
reporting
requirements established in the Revised Code. The
guidelines
shall
not
authorize school districts to request social
security
numbers
of
individual students.
The guidelines shall prohibit
the
reporting
under this
section of
a student's
name,
address,
and
social security number to the state board of
education or the
department of
education. The guidelines shall
also prohibit the
reporting
under
this section of any personally
identifiable
information
about any
student, except for the purpose
of assigning
the data
verification
code required by division
(D)(2) of this
section, to
any
other
person
unless such person
is
employed by
the
school
district or
the
information technology center operated
under
section
3301.075 of the
Revised Code
and is
authorized
by
the
district or
technology center to have
access to
such
information or is employed by an entity with which the department
contracts for the scoring of tests assessments administered under
section
3301.0711 or 3301.0712 of the Revised Code.
The
guidelines may
require
school
districts to
provide the social
security numbers
of
individual
staff members.
(2) The guidelines shall provide for each school district or
community school to assign a data verification code
that is unique
on a statewide basis over time to each
student whose
initial Ohio
enrollment is in that district or
school and to report
all
required individual student data for that
student utilizing such
code. The guidelines shall also provide
for assigning
data
verification codes to all students enrolled in
districts or
community
schools on the
effective date of the
guidelines
established under this section.
Individual student data shall be reported to the department
through the
information technology centers utilizing the code but,
except as provided in sections 3310.11, 3310.42, 3313.978,
and
3317.20 of the Revised Code, at no
time shall
the state board
or
the department have access to
information
that would enable any
data verification code to be
matched to personally
identifiable
student data.
Each school district shall ensure that the data verification
code is
included in the student's records reported to any
subsequent school district
or community school in which the
student enrolls. Any such subsequent
district or
school shall
utilize the same identifier in its reporting of data
under this
section.
The director of health shall request and receive, pursuant to
sections 3301.0723 and 3701.62 of the Revised Code, a data
verification code for a child who is receiving services under
division (A)(2) of section 3701.61 of the Revised Code.
(E) The guidelines adopted under this section may require
school districts to collect and report data, information, or
reports other than that described in divisions (A), (B), and (C)
of this section for the purpose of complying with other reporting
requirements established in the Revised Code. The other data,
information, or reports may be maintained in the education
management information system but are not required to be compiled
as part of the profile formats required under division (G) of
this
section or the annual statewide report required under
division (H)
of this section.
(F) Beginning with the school year that begins July 1,
1991,
the board of education of each school district shall
annually
collect and report to the state board, in
accordance
with the
guidelines established by the board, the data
required
pursuant to
this section. A school district may collect and
report these data
notwithstanding section 2151.357 or 3319.321 of
the Revised Code.
(G) The state board shall, in accordance with the
procedures
it adopts, annually compile the data reported by each
school
district pursuant to division (D) of this section. The
state
board
shall design formats for profiling each
school
district as a
whole
and each school building within each district
and shall
compile
the data in accordance with these formats. These profile
formats
shall:
(1) Include all of the data gathered under this section in
a
manner that facilitates comparison among school districts and
among school buildings within each school district;
(2) Present the data on academic achievement levels as
assessed by the testing of student
achievement
maintained
pursuant
to division (B)(1)(d) of this section.
(H)(1) The state board shall, in accordance with the
procedures it adopts, annually prepare a statewide report for all
school districts and the general public that includes the profile
of each of the school districts developed pursuant to division
(G)
of this section. Copies of the report shall be sent to each
school
district.
(2) The state board shall, in accordance with the
procedures
it adopts, annually prepare an individual report for
each school
district and the general public that includes the
profiles of each
of the school buildings in that school district
developed pursuant
to division (G) of this section. Copies of
the report shall be
sent to the superintendent of the district
and to each member of
the district board of education.
(3) Copies of the reports received from the state board
under
divisions
(H)(1) and (2) of this section shall be made
available
to the general public at each school district's
offices.
Each
district board of education shall make copies of
each report
available to any person upon request and payment of a
reasonable
fee for the cost of reproducing the report. The board
shall
annually publish in a newspaper of general circulation in
the
school district, at least twice during the two weeks prior to
the
week in which the reports will first be available, a notice
containing the address where the reports are available and the
date on which the reports will be available.
(I) Any data that is collected or maintained pursuant to
this
section and that identifies an individual pupil is not a
public
record for the purposes of section 149.43 of the Revised
Code.
(J) As used in this section:
(1) "School district" means any city, local, exempted
village, or joint vocational school district and, in accordance
with section 3314.17 of the Revised Code, any community school. As
used in division (L) of this section, "school district" also
includes any educational service center or other educational
entity required to submit data using the system established under
this section.
(2) "Cost" means any expenditure for operating expenses
made
by a school district excluding any expenditures for debt
retirement except for payments made to any commercial lending
institution for any loan approved pursuant to section 3313.483 of
the Revised Code.
(K) Any person who removes data from the information
system
established under this section for the purpose of
releasing it to
any person not entitled under law to have access
to such
information is subject to section 2913.42 of the Revised
Code
prohibiting tampering with data.
(L)(1) In accordance with division (L)(2) of this section and
the rules adopted under division (L)(10) of this section, the
department of education may sanction any school district that
reports incomplete or inaccurate data, reports data that does not
conform to data requirements and descriptions published by the
department, fails to report data in a timely manner, or otherwise
does not make a good faith effort to report data as required by
this section.
(2) If the department decides to sanction a school district
under this division, the department shall take the following
sequential actions:
(a) Notify the district in writing that the department has
determined that data has not been reported as required under this
section and require the district to review its data submission and
submit corrected data by a deadline established by the department.
The department also may require the district to develop a
corrective action plan, which shall include provisions for the
district to provide mandatory staff training on data reporting
procedures.
(b) Withhold up to ten per cent of the total amount of state
funds due to the district for the current fiscal year and, if not
previously required under division (L)(2)(a) of this section,
require the district to develop a corrective action plan in
accordance with that division;
(c) Withhold an additional amount of up to twenty per cent of
the total amount of state funds due to the district for the
current fiscal year;
(d) Direct department staff or an outside entity to
investigate the district's data reporting practices and make
recommendations for subsequent actions. The recommendations may
include one or more of the following actions:
(i) Arrange for an audit of the district's data reporting
practices by department staff or an outside entity;
(ii) Conduct a site visit and evaluation of the district;
(iii) Withhold an additional amount of up to thirty per cent
of the total amount of state funds due to the district for the
current fiscal year;
(iv) Continue monitoring the district's data reporting;
(v) Assign department staff to supervise the district's data
management system;
(vi) Conduct an investigation to determine whether to suspend
or revoke the license of any district employee in accordance with
division (N) of this section;
(vii) If the district is issued a report card under section
3302.03 of the Revised Code, indicate on the report card that the
district has been sanctioned for failing to report data as
required by this section;
(viii) If the district is issued a report card under section
3302.03 of the Revised Code and incomplete or inaccurate data
submitted by the district likely caused the district to receive a
higher performance rating than it deserved under that section,
issue a revised report card for the district;
(ix) Any other action designed to correct the district's data
reporting problems.
(3) Any time the department takes an action against a school
district under division (L)(2) of this section, the department
shall make a report of the circumstances that prompted the action.
The department shall send a copy of the report to the district
superintendent or chief administrator and maintain a copy of the
report in its files.
(4) If any action taken under division (L)(2) of this section
resolves a school district's data reporting problems to the
department's satisfaction, the department shall not take any
further actions described by that division. If the department
withheld funds from the district under that division, the
department may release those funds to the district, except that if
the department withheld funding under division (L)(2)(c) of this
section, the department shall not release the funds withheld under
division (L)(2)(b) of this section and, if the department withheld
funding under division (L)(2)(d) of this section, the department
shall not release the funds withheld under division (L)(2)(b) or
(c) of this section.
(5) Notwithstanding anything in this section to the contrary,
the department may use its own staff or an outside entity to
conduct an audit of a school district's data reporting practices
any time the department has reason to believe the district has not
made a good faith effort to report data as required by this
section. If any audit conducted by an outside entity under
division (L)(2)(d)(i) or (5) of this section confirms that a
district has not made a good faith effort to report data as
required by this section, the district shall reimburse the
department for the full cost of the audit. The department may
withhold state funds due to the district for this purpose.
(6) Prior to issuing a revised report card for a school
district under division (L)(2)(d)(viii) of this section, the
department may hold a hearing to provide the district with an
opportunity to demonstrate that it made a good faith effort to
report data as required by this section. The hearing shall be
conducted by a referee appointed by the department. Based on the
information provided in the hearing, the referee shall recommend
whether the department should issue a revised report card for the
district. If the referee affirms the department's contention that
the district did not make a good faith effort to report data as
required by this section, the district shall bear the full cost of
conducting the hearing and of issuing any revised report card.
(7) If the department determines that any inaccurate data
reported under this section caused a school district to receive
excess state funds in any fiscal year, the district shall
reimburse the department an amount equal to the excess funds, in
accordance with a payment schedule determined by the department.
The department may withhold state funds due to the district for
this purpose.
(8) Any school district that has funds withheld under
division (L)(2) of this section may appeal the withholding in
accordance with Chapter 119. of the Revised Code.
(9) In all cases of a disagreement between the department and
a school district regarding the appropriateness of an action taken
under division (L)(2) of this section, the burden of proof shall
be on the district to demonstrate that it made a good faith effort
to report data as required by this section.
(10) The state board of education shall adopt rules under
Chapter 119. of the Revised Code to implement division (L) of this
section.
(M) No information technology center or school district shall
acquire, change, or update its student administration software
package to manage and report data required to be reported to the
department unless it converts to a student software package that
is certified by the department.
(N) The state board of education, in accordance with
sections
3319.31 and
3319.311 of the Revised Code, may suspend or
revoke a
license as defined under
division (A) of section 3319.31
of the
Revised Code that has been issued to
any school district
employee
found to have willfully reported
erroneous, inaccurate,
or
incomplete data to the education
management information system.
(O) No person shall release or maintain any information
about
any
student in violation of this section. Whoever violates
this
division is
guilty of a misdemeanor of the fourth degree.
(P) The department shall disaggregate the data collected
under
division (B)(1)(o) of this section according to the race and
socioeconomic status of the students assessed. No data collected
under that division shall be included on the report cards required
by section 3302.03 of the Revised Code.
(Q) If the department cannot compile any of the information
required by division (C)(5) of section 3302.03 of the Revised Code
based upon the data collected under this section, the department
shall develop a plan and a reasonable timeline for the collection
of any data necessary to comply with that division.
Sec. 3301.0716. Notwithstanding division (D) of section
3301.0714 of the Revised Code, the department of education may
have access to personally identifiable information about any
student under the following circumstances:
(A) An entity with which the department contracts for the
scoring of tests assessments administered under section 3301.0711
or 3301.0712 of the Revised Code has notified the department that
the student's written response to a question on such a test an
assessment included threats or descriptions of harm to another
person or the student's self and the information is necessary to
enable the department to identify the student for purposes of
notifying the school district or school in which the student is
enrolled of the potential for harm.
(B) The department requests the information to respond to an
appeal from a school district or school for verification of the
accuracy of the student's score on a test an assessment
administered under section 3301.0711 or 3301.0712 of the Revised
Code.
(C) The department requests the information to determine
whether the student satisfies the alternative conditions for a
high school diploma prescribed in section 3313.615 of the Revised
Code.
Sec. 3301.0722. As used in this section and section
3301.0721 of the Revised Code, "form" means any report, document,
paper, computer software program, or other instrument used in the
management information system created by section 3301.0714 of the
Revised Code or used to gather required or requested education
data under division (I)(J) of section 3301.07 of the Revised Code
or
any other provision of state or federal statute or rule.
Beginning July 1, 1992, the state board of education, the
superintendent of public instruction, or the department of
education shall not put into use any new form or any modified
version of any previously existing form, unless the new or
modified form has been submitted to the unit established pursuant
to section 3301.133 of the Revised Code, the unit has reviewed
the
form, and the superintendent has considered the findings of
the
review and the unit's recommendations.
Sec. 3301.12. (A) The superintendent of public
instruction
in addition to the authority otherwise imposed on
the
superintendent, shall perform the following duties:
(1) The superintendent shall provide technical and
professional assistance
and advice to all school districts in
reference to all aspects of
education, including finance,
buildings and equipment,
administration, organization of school
districts, curriculum and
instruction, transportation of pupils,
personnel problems, and
the interpretation of school laws and
state regulations.
(2) The superintendent shall prescribe and require the
preparation and
filing of such financial and other reports from
school districts,
officers, and employees as are necessary or
proper. The
superintendent shall prescribe and require the
installation by school
districts of
such standardized reporting
forms and accounting procedures as
are essential to the
businesslike operations of the public
schools of the state.
(3) The superintendent shall conduct such studies and
research projects as
are necessary or desirable for the
improvement of public school
education in Ohio, and such as may be
assigned to the
superintendent by the state board of education.
Such studies and projects may include analysis of data contained
in the education management information system established under
section 3301.0714 of the Revised Code. For any study or project
that requires the analysis of individual student data, the
department of education or any entity with which the
superintendent or department contracts to conduct the study or
project shall maintain the confidentiality of student data at all
times. For this purpose, the department or contracting entity
shall use the data verification code assigned pursuant to division
(D)(2) of section 3301.0714 of the Revised Code for each student
whose data is analyzed. Except as otherwise provided in division
(D)(1) of section 3301.0714 of the Revised Code, at no time shall
the superintendent, the department, the state board of education,
or any entity conducting a study or research project on the
superintendent's behalf have access to a student's name, address,
or social security number while analyzing individual student data.
(4) The superintendent shall prepare and submit annually to
the state
board of education a report of the activities of the
department
of education and the status, problems, and needs of
education in
the state of Ohio.
(5) The superintendent shall supervise all agencies over
which the board
exercises administrative control, including
schools for education
of persons with disabilities.
(6) In accordance with section 3333.048 of the Revised Code,
the superintendent, jointly with the chancellor of the Ohio board
of regents, shall establish metrics and courses of study for
institutions of higher education that prepare educators and other
school personnel and shall provide for inspection of those
institutions.
(B) The superintendent of public instruction may annually
inspect and analyze the expenditures of each school district and
make a determination as to the efficiency of each district's
costs, relative to other school districts in the state, for
instructional, administrative, and student support services. The
superintendent shall notify each school district as to the nature
of, and reasons for, the determination. The state board of
education shall adopt rules in accordance with Chapter 119. of
the
Revised Code setting forth the procedures and standards for
the
performance of the inspection and analysis.
Sec. 3301.13. The department of education hereby created,
shall be the administrative unit and organization through which
the policies, directives, and powers of the state board of
education and the duties of the superintendent of public
instruction are administered by such superintendent as executive
officer of the board.
The department of education shall consist of the state
board
of education, the superintendent of public instruction, and
a
staff of such professional, clerical, and other employees as
may
be necessary to perform the duties and to exercise the
required
functions of the department.
The department of education shall be organized as provided
by
law or by order of the state board of education. The
superintendent of public instruction shall be the chief
administrative officer of such department, and, subject to board
policies, rules, and regulations, shall exercise general
supervision of the department.
The department of education shall be subject to all
provisions of law pertaining to departments, offices, or
institutions established for the exercise of any function of the
state government; excepting that it shall not be one of the
departments provided for under division (A) of section 121.01 of
the Revised Code. In the exercise of any of its functions or
powers, including the power to make rules and regulations and to
prescribe minimum standards, the department of education, and any
officer or agency therein, shall be subject to Chapter 119. of
the
Revised Code. The headquarters of the department of
education
shall be at the seat of government, where office space
suitable
and adequate for the work of the department shall be
provided by
the appropriate state agency. There the state board
of education
shall meet and transact its business,
unless the board chooses to
meet elsewhere in Ohio as provided by section
3301.04 of the
Revised Code. There the records of the state board of
education
and the records, papers, and documents belonging
to the department
shall be kept in charge of the superintendent
of public
instruction.
The superintendent of public instruction shall recommend,
for
approval by the board, the organization of the department of
education, and the assignment of the work within such department.
The appointment, number, and salaries of assistant
superintendents
and division heads shall be determined by the
state board of
education after recommendation of the
superintendent of public
instruction. Such assistant
superintendents and division heads
shall serve at the pleasure of
the board. The superintendent of
public instruction may appoint,
fix the salary, and terminate the
employment of such other
employees as are engaged in educational
or research duties, including employees who work at the state
school for the deaf and the state school for the blind, subject to
division (L) of section 124.15 of the Revised Code.
Sec. 3301.16. Pursuant to standards prescribed by
the state
board of education as provided in division (D) of
section 3301.07
of the Revised Code, the state board shall
classify and charter
school districts and individual schools
within each district
except that no charter shall be granted to a
nonpublic school
unless pursuant to division (K) of section
3301.0711 of the
Revised Code the school elects to administer the
tests
prescribed
by division (B) of complies with section 3301.0710 3313.612 of the
Revised
Code beginning July 1, 1995.
In the course of considering the charter of a new school
district created under section 3311.26 or 3311.38 of the Revised
Code, the state board shall require the party proposing creation
of the district to submit to the board a map, certified by the
county auditor of the county in which the proposed new district is
located, showing the boundaries of the proposed new district. In
the case of a proposed new district located in more than one
county, the map shall be certified by the county auditor of each
county in which the proposed district is located.
The state board shall
revoke the charter of any school
district or school which fails
to meet the standards for
elementary and high schools as
prescribed by the board. The state
board shall also revoke the
charter of any nonpublic school that
does not comply with
section 3313.612 of the Revised Code or, on
or after July 1,
1995, does not participate in the testing program
prescribed by
division (B) of section
3301.0710 of the Revised
Code.
In the
issuance and revocation of school district or school
charters,
the state board shall be governed by the provisions of
Chapter
119. of the Revised Code.
No school district, or individual school operated by a school
district, shall operate without a charter issued by the state
board under this section.
In case a school district charter is revoked pursuant to
this
section, the state board may dissolve the school district
and
transfer its territory to one or more adjacent districts. An
equitable division of the funds, property, and indebtedness of
the
school district shall be made by the state board among the
receiving districts. The board of education of a receiving
district shall accept such territory pursuant to the order of the
state board. Prior to dissolving the school district, the state
board shall notify the appropriate
educational service center
governing board and
all adjacent school district boards of
education of its intention
to do so. Boards so notified may make
recommendations to the
state board regarding the proposed
dissolution and subsequent
transfer of territory. Except as
provided in section 3301.161 of
the Revised Code, the transfer
ordered by the state board shall
become effective on the date
specified by the state board, but
the date shall be at least
thirty days following the date of
issuance of the order.
A high school is one of higher grade than an elementary
school, in which instruction and training are given in accordance
with sections 3301.07 and 3313.60 of the Revised Code and which
also offers other subjects of study more advanced than those
taught in the elementary schools and such other subjects as may
be
approved by the state board of education.
An elementary school is one in which instruction and
training
are given in accordance with sections 3301.07 and
3313.60 of the
Revised Code and which offers such other subjects
as may be
approved by the state board of education. In districts
wherein a
junior high school is maintained, the elementary
schools in that
district may be considered to include only the
work of the first
six school years inclusive, plus the
kindergarten year.
Sec. 3301.42. The partnership for continued learning shall
promote systemic approaches to education by supporting regional
efforts to foster collaboration among providers of preschool
through postsecondary education, identifying the workforce needs
of private sector employers in the state, and making
recommendations for facilitating collaboration among providers of
preschool through postsecondary education and for maintaining a
high-quality workforce in the state. Copies of the recommendations
shall be provided to the governor, the president and minority
leader of the senate, the speaker and minority leader of the house
of representatives, the chairpersons and ranking minority members
of the standing committees of the senate and the house of
representatives that consider education legislation, the
chairperson chancellor of the Ohio board of regents, and the
president of the
state board of education. The recommendations
shall address at
least the following issues:
(A) Expansion of access to preschool and other learning
opportunities for children under five years old;
(B) Increasing opportunities for students to earn credit
toward a degree from an institution of higher education while
enrolled in high school, including expanded opportunities for
students to earn that credit on their high school campuses; a
definition of "in good standing" for purposes of section 3313.6013
of the Revised Code; and legislative changes that the partnership,
in consultation with the Ohio board of regents and the state board
of education, determines would improve the operation of the
post-secondary enrollment options program established under
Chapter 3365. of the Revised Code and other dual enrollment
programs. The recommendations for legislative changes required by
this division shall be issued not later than May 31, 2007.
(C) Expansion of access to workforce development programs
administered by school districts, institutions of higher
education, and other providers of career-technical education;
(D) Alignment of the statewide academic standards for grades
nine through twelve adopted under section 3301.079 of the Revised
Code, the Ohio graduation tests prescribed by division (B)(1) of
section 3301.0710 of the Revised Code and the assessment system
prescribed by division (B)(2) of that section, and the curriculum
requirements for a high school diploma prescribed by section
3313.603 of the Revised Code with the expectations of employers
and institutions of higher education regarding the knowledge and
skills that high school graduates should attain prior to entering
the workforce or enrolling in an institution of higher education;
(E) Improving the science and mathematics skills of students
and employees to meet the needs of a knowledge-intensive economy;
(F) Reducing the number of students who need academic
remediation after enrollment in an institution of higher
education;
(G) Expansion of school counseling career and educational
programs, access programs, and other strategies to overcome
financial, cultural, and organizational barriers that interfere
with students' planning for postsecondary education and that
prevent students from obtaining a postsecondary education;
(H) Alignment of teacher preparation programs approved by the
state board of education chancellor of the Ohio board of regents
pursuant to section 3319.23 3333.048 of the
Revised Code with the
instructional needs and expectations of
school districts;
(I) Strategies for retaining more graduates of Ohio
institutions of higher education in the state and for attracting
talented individuals from outside Ohio to work in the state;
(J) Strategies for promoting lifelong continuing education as
a component of maintaining a strong workforce and economy;
(K) Appropriate measures of the impact of statewide efforts
to promote collaboration among providers of preschool through
postsecondary education and to develop a high-quality workforce
and strategies for collecting and sharing data relevant to such
measures;
(L) Strategies for developing and improving opportunities and
for removing barriers to achievement for children identified as
gifted under Chapter 3324. of the Revised Code;
(M) Legislative changes to establish criteria by which state
universities may waive the general requirement, under division (B)
of section 3345.06 of the Revised Code, that a student complete
the Ohio core curriculum to be admitted as an undergraduate. The
partnership at least shall consider criteria for waiving the
requirement for students who have served in the military and
students who entered ninth grade on or after July 1, 2010, in
another state and moved to Ohio prior to high school graduation.
The recommendations for legislative changes under this division
shall be developed in consultation with the Ohio board of regents
and shall be issued not later than July 1, 2007.
Sec. 3301.55. (A) A school district, county MR/DD board, or
eligible nonpublic school operating a preschool program shall
house the program in buildings that meet the following
requirements:
(1) The building is operated by the district, county MR/DD
board, or eligible nonpublic school and has been approved by the
division
of industrial compliance labor in the
department of
commerce or a certified municipal,
township, or county building
department for the purpose of
operating a program for preschool
children. Any such structure
shall be constructed, equipped,
repaired, altered, and maintained
in accordance with applicable
provisions of Chapters 3781. and
3791. and with rules adopted by
the board of building standards
under Chapter 3781. of the Revised
Code for the safety and
sanitation of structures erected for this
purpose.
(2) The building is in compliance with fire and safety
laws
and regulations as evidenced by reports of annual school
fire and
safety inspections as conducted by appropriate local
authorities.
(3) The school is in compliance with rules established by
the
state board of education regarding school food services.
(4) The facility includes not less than thirty-five square
feet of indoor space for each child in the program. Safe play
space, including both indoor and outdoor play space, totaling not
less than sixty square feet for each child using the space at any
one time, shall be regularly available and scheduled for use.
(5) First aid facilities and space for temporary placement
or
isolation of injured or ill children are provided.
(B) Each school district, county MR/DD board, or eligible
nonpublic school that operates, or proposes to operate, a
preschool program shall submit a building plan including all
information specified by the state board of education to the
board
not later than the first day of September of the school
year in
which the program is to be initiated. The board shall
determine
whether the buildings meet the requirements of this
section and
section 3301.53 of the Revised Code, and notify the
superintendent
of its determination. If the board determines, on
the basis of the
building plan or any other information, that the
buildings do not
meet those requirements, it shall cause the
buildings to be
inspected by the department of education. The
department shall
make a report to the superintendent specifying
any aspects of the
building that are not in compliance with the
requirements of this
section and section 3301.53 of the Revised
Code and the time
period that will be allowed the district,
county MR/DD board, or
school to meet the requirements.
Sec. 3301.80. The office of school resource management is
hereby established within the department of education. The office
shall assist school districts, community schools established under
Chapter 3314. of the Revised Code, and STEM schools established
under Chapter 3326. of the Revised Code in improving the
efficiency of their educational and operational systems by using
data and best practices to redirect resources to classroom
practices that research has shown to contribute to student
academic success.
The office shall do all of the following:
(A) In consultation with the auditor of state and the
director of budget and management, determine the
fiscal data to
be included on the funding and expenditure
accountability reports
required under division (C) of section
3302.031 of the Revised
Code. The office shall use data collected
from the department's
work with school districts on resource
allocation, conducted
pursuant to Section 269.10.60 of Am. Sub.
H.B. 119 of the 127th
general assembly, in making its
determination.
(B) Collaborate with the auditor of state to establish the
metrics for the performance audits conducted under section 3306.32
of the Revised Code and to periodically publish best practices for
improved operational efficiency, as identified in the performance
audits;
(C) Ensure that school districts, community schools, and STEM
schools act in a timely manner to develop plans for implementation
of the recommendations made in the performance audits conducted
under section 3306.32 of the Revised Code;
(D) Provide staff assistance to the Ohio research-based
funding model advisory council;
(E) Conduct assessments and evaluations as directed by the
superintendent of public instruction.
Sec. 3301.81. The office of urban and rural student success
is hereby created within the department of education. The office
shall do all of the following:
(A) Develop system redesign and improvement strategies for
urban and rural school districts;
(B) Provide school districts with recommendations and
strategies to improve the academic success of students from
economically disadvantaged areas;
(C) Provide school districts with recommendations and
strategies to address nonacademic barriers, including social,
emotional, physical, and psychological barriers, facing students
from economically disadvantaged areas;
(D) Work with the university system of Ohio institutions,
private institutions of higher education, and national and
international experts when implementing its duties under divisions
(A) to (C) of this section;
(E) Provide other assistance and support to meet the unique
needs of urban and rural school districts, as directed by the
superintendent of public instruction.
Sec. 3301.82. (A) The center for creativity and innovation is
hereby created in the department of education. The center shall
assist schools in city, exempted village, local, and joint
vocational school districts in any of the following:
(1) The design and implementation of strategies and systems
that enable schools to become professional learning communities,
including the following:
(a) Mentoring and coaching teachers and support staff;
(b) Enabling school principals to focus on supporting
instruction and engaging teachers and support staff as part of the
instructional leadership team so that teachers and staff may share
the responsibility for making and implementing school decisions;
(c) Adopting new models for restructuring the learning day or
year, such as including teacher planning and collaboration time as
part of the school day;
(d) Creating smaller schools or smaller units within larger
schools to facilitate teacher collaboration to improve and advance
the professional practice of teaching and to enhance instruction
that yields enhanced student achievement.
(2) The use of strategies in collaboration with the teach
Ohio program to promote, recruit, and enhance the teaching
profession, including:
(a) The design and implementation of "grow your own"
recruitment and retention strategies that are designed to support
individuals in becoming licensed teachers, to retain highly
qualified teachers, to assist experienced teachers in obtaining
licensure in subject areas for which there is need, to assist
teachers in obtaining senior professional educator and lead
professional educator licenses, and to assist teachers to grow and
develop in the profession;
(b) Enhanced conditions for new teachers;
(c) Incentives to attract qualified mathematics, science, or
special education teachers;
(d) The development and implementation of a partnership with
teacher preparation programs at colleges and universities to help
attract teachers qualified to teach in shortage areas;
(e) The implementation of a program to increase the cultural
competency of both new and veteran teachers.
(3) Identifying statutes, rules, and regulations that impede
the adoption of innovative practices and make recommendations to
the superintendent of public instruction for the repeal,
rescission, revision, or waiver of those provisions;
(4) Identifying promising programs and practices based on
high quality education research and developing models for their
early adoption;
(5) Other duties as assigned by the superintendent of public
instruction.
(B) The department may accept, receive, and expend gifts,
devises, or bequests of money, lands, or other properties for the
center for creativity and innovation. The state board of education
may adopt rules for the purpose of enabling the center to carry
out the conditions and limitations upon which a bequest, gift, or
endowment is made.
Sec. 3301.83. (A) The department of education, in
cooperation with one or more institutions of higher education of
the university system of Ohio, shall conduct
an on-site visit of
each school operated by a school district at least every five
years to evaluate the school's operations. During each visit, the
department shall do all of the following:
(1) Determine if the school has complied with the operating
standards prescribed by the state board of education under
division (E) of section 3301.07 of the Revised Code;
(2) Determine if the school has complied with all laws
regarding academic and fiscal accountability and
with all other
applicable laws and administrative rules;
(3) Review the school's progress in implementing a continuous
improvement plan developed under division (B) of section 3302.04
of the Revised Code, if applicable.
(B) Each on-site visit conducted under this section may
include school tours, classroom observations, and interviews with
administrators, teachers, other school staff, parents, community
members, or
students.
(C) Each school shall provide any data, documents,
or other
materials the department considers necessary to enable it
to
conduct a thorough on-site visit.
(D) Upon completion of each on-site visit, the department
shall issue a written report summarizing its findings. The
department shall provide a copy of the report to the district
board of education. The district board may submit factual
corrections to the
department by a deadline established by the
department. Upon
receipt of any factual corrections, the
department shall revise
the report and issue a final version. The
department shall post
the final version of the report on its web
site. The district board also shall post the final version on the
district's web site, if the district maintains a web site.
(E) Any on-site visit required by this section may be
conducted in conjunction with a site evaluation required under
division (D) of section 3302.04 of the Revised Code.
(F) The state board of education shall adopt rules to
implement this section.
Sec. 3301.90. The governor shall create the early
childhood
advisory council in accordance with 42 U.S.C.
9837b(b)(1) and
shall appoint one of its members to serve as
chairperson of the
council. The council shall serve as the state
advisory council on
early childhood education and care, as
described in 42 U.S.C.
9837b(b)(1). In addition to the duties
specified in 42 U.S.C.
9837b(b)(1), the council shall advise the
state regarding the
creation and duties of the center for early
childhood
development.
Sec. 3302.01. As used in this chapter:
(A) "Performance index score" means the average of the totals
derived from calculations for each subject area of reading,
writing English language arts, mathematics, science, and social
studies of the weighted proportion of untested students and
students scoring at each level of skill described in division
(A)(2) of section 3301.0710 of the Revised Code on the tests
assessments prescribed by divisions (A) and (B)(1) of that
section. The department of education shall assign weights such
that students who do not take a test an assessment receive a
weight of zero and students who take a test an assessment receive
progressively larger weights dependent upon the level of skill
attained on the test assessment. The department shall also
determine the performance index score a school district or
building needs to achieve for the purpose of the performance
ratings assigned pursuant to section 3302.03 of the Revised Code.
Students shall be included in the "performance index score"
in accordance with division (D)(2) of section 3302.03 of the
Revised Code.
(B) "Subgroup" means a subset of the entire student
population of the state, a school district, or a school building
and includes each of the following:
(1) Major racial and ethnic groups;
(2) Students with disabilities;
(3) Economically disadvantaged students;
(4) Limited English proficient students.
(C) "No Child Left Behind Act of 2001" includes the statutes
codified at 20 U.S.C. 6301 et seq. and any amendments thereto,
rules and regulations promulgated pursuant to those statutes,
guidance documents, and any other policy directives regarding
implementation of that act issued by the United States department
of education.
(D) "Adequate yearly progress" means a measure of annual
academic performance as calculated in accordance with the "No
Child Left Behind Act of 2001."
(E) "Supplemental educational services" means additional
academic assistance, such as tutoring, remediation, or other
educational enrichment activities, that is conducted outside of
the regular school day by a provider approved by the department in
accordance with the "No Child Left Behind Act of 2001."
(F) "Value-added progress dimension" means a measure of
academic gain for a student or group of students over a specific
period of time that is calculated by applying a statistical
methodology to individual student achievement data derived from
the achievement tests assessments prescribed by section 3301.0710
of the Revised Code.
Sec. 3302.02.
The Not later than December 31, 2009, and not
later than the thirty-first day of December every sixth year
thereafter, upon recommendations of the superintendent of public
instruction, the state board of education annually through
2007,
and
every six years thereafter, shall establish at
least
seventeen
performance indicators for the report cards
required by
division
(C) of section 3302.03 of the Revised Code.
In
establishing these
indicators,
the state board superintendent shall consider
inclusion of student
performance on any tests given assessments
prescribed under section
3301.0710 or 3301.0712 of the
Revised
Code, rates of student improvement on
such tests, student
attendance, the breadth of coursework
available within the
district, and other indicators of student
success. The state
board
superintendent shall inform the Ohio accountability task force
established under section 3302.021 of the Revised Code of the
performance indicators it the superintendent establishes under
this section and the rationale for choosing each indicator and for
determining how a school district or building meets that
indicator.
The state board superintendent shall not
establish any
performance
indicator for passage of the
third or
fourth grade
reading
test
English language arts assessment that is solely based
on the test
assessment given
in the fall
for the purpose
of
determining
whether students have
met the
reading guarantee
provisions of
section
3313.608 of
the
Revised Code.
Sec. 3302.021. (A) Not earlier than July 1, 2005, and not
later than July 1, 2007, the department of education shall
implement a value-added progress dimension for school districts
and buildings and shall incorporate the value-added progress
dimension into the report cards and performance ratings issued for
districts and buildings under section 3302.03 of the Revised Code.
The state board of education shall adopt rules, pursuant to
Chapter 119. of the Revised Code, for the implementation of the
value-added progress dimension. In adopting rules, the state board
shall consult with the Ohio accountability task force established
under division (D)(E) of this section. The rules adopted under
this division shall specify both of the following:
(1) A scale for describing the levels of academic progress in
reading and mathematics relative to a standard year of academic
growth in those subjects for each of grades three through eight;
(2) That the department shall maintain the confidentiality of
individual student test scores and individual student reports in
accordance with sections 3301.0711, 3301.0714, and 3319.321 of the
Revised Code and federal law. The department may require school
districts to use a unique identifier for each student for this
purpose. Individual student test scores and individual student
reports shall be made available only to a student's classroom
teacher and other appropriate educational personnel and to the
student's parent or guardian.
(B) The department shall use a system designed for collecting
necessary data, calculating the value-added progress dimension,
analyzing data, and generating reports, which system has been used
previously by a non-profit organization led by the Ohio business
community for at least one year in the operation of a pilot
program in cooperation with school districts to collect and report
student achievement data via electronic means and to provide
information to the districts regarding the academic performance of
individual students, grade levels, school buildings, and the
districts as a whole.
(C) The department shall not pay more than two dollars per
student for data analysis and reporting to implement the
value-added progress dimension in the same manner and with the
same services as under the pilot program described by division (B)
of this section. However, nothing in this section shall preclude
the department or any school district from entering into a
contract for the provision of more services at a higher fee per
student. Any data analysis conducted under this section by an
entity under contract with the department shall be completed in
accordance with timelines established by the superintendent of
public instruction.
(D) The department shall share any aggregate student data and
any calculation, analysis, or report utilizing aggregate student
data that is generated under this section with the chancellor of
the Ohio board of regents. The department shall not share
individual student test scores and individual student reports with
the chancellor.
(E)(1) There is hereby established the Ohio accountability
task force. The task force shall consist of the following thirteen
members:
(a) The chairpersons and ranking minority members of the
house of representatives and senate standing committees primarily
responsible for education legislation, who shall be nonvoting
members;
(b) One representative of the governor's office, appointed by
the governor;
(c) The superintendent of public instruction, or the
superintendent's designee;
(d) One representative of teacher employee organizations
formed pursuant to Chapter 4117. of the Revised Code, appointed by
the speaker of the house of representatives;
(e) One representative of school district boards of
education, appointed by the president of the senate;
(f) One school district superintendent, appointed by the
speaker of the house of representatives;
(g) One representative of business, appointed by the
president of the senate;
(h) One representative of a non-profit organization led by
the Ohio business community, appointed by the governor;
(i) One school building principal, appointed by the president
of the senate;
(j) A member of the state board of education, appointed by
the speaker of the house of representatives.
Initial appointed members of the task force shall serve until
January 1, 2005. Thereafter, terms of office for appointed members
shall be for two years, each term ending on the same day of the
same month as did the term that it succeeds. Each appointed member
shall hold office from the date of appointment until the end of
the term for which the member was appointed. Members may be
reappointed. Vacancies shall be filled in the same manner as the
original appointment. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the
member's predecessor was appointed shall hold office for the
remainder of that term.
The task force shall select from among its members a
chairperson. The task force shall meet at least six times each
calendar year and at other times upon the call of the chairperson
to conduct its business. Members of the task force shall serve
without compensation.
(2) The task force shall do all of the following:
(a) Examine the implementation of the value-added progress
dimension by the department, including the system described in
division (B) of this section, the reporting of performance data to
school districts and buildings, and the provision of professional
development on the interpretation of the data to classroom
teachers and administrators;
(b) Periodically review any fees for data analysis and
reporting paid by the department pursuant to division (C) of this
section and determine if the fees are appropriate based upon the
level of services provided;
(c) Periodically report to
the department and the state board
on all issues related to the school district and building
accountability system established under this chapter;
(d) Not later than seven years after its initial meeting,
make recommendations to improve the school district and building
accountability system established under this chapter. The task
force shall adopt recommendations by a majority vote of its
members. Copies of the recommendations shall be provided to the
state board, the governor, the speaker of the house of
representatives, and the president of the senate.
(e) Determine starting dates for the implementation of the
value-added progress dimension and its incorporation into school
district and building report cards and performance ratings.
Sec. 3302.03. (A)
Annually the
department
of
education
shall
report for each
school district
and each school building in a
district all of the following:
(1) The extent to which the school district or building
meets
each of the applicable
performance indicators
created by the
state
board of
education under
section 3302.02 of the Revised Code and
the
number of
applicable performance
indicators that have been
achieved;
(2) The performance index score of the school district or
building;
(3) Whether the school district or building has made adequate
yearly progress;
(4) Whether the school district or building is
excellent,
effective,
needs
continuous improvement, is
under an
academic
watch, or is in
a
state of academic emergency.
(B) Except as otherwise provided in divisions (B)(6)
and (7)
of this section:
(1) A school district or building shall be declared
excellent
if it fulfills one of the following requirements:
(a) It makes adequate yearly progress and either meets at
least ninety-four per cent of the applicable state
performance
indicators or has a performance index score established by the
department.
(b) It has failed to make adequate yearly progress for not
more than two consecutive years and either meets at least
ninety-four per cent of the applicable state performance
indicators or has a performance index score established by the
department.
(2)
A school district
or building shall be declared
effective
if it fulfills one of the following requirements:
(a) It makes adequate yearly progress and either meets
at
least seventy-five per cent but less than ninety-four per cent of
the
applicable
state performance
indicators or has a performance
index score established by the department.
(b) It does not make adequate yearly progress and either
meets at least seventy-five per cent of the applicable state
performance indicators or has a performance index score
established by the department, except that if it does not make
adequate yearly progress for three consecutive years, it shall be
declared in need of continuous improvement.
(3) A school district
or building shall be declared to be
in
need of
continuous improvement if it fulfills one of the following
requirements:
(a) It makes adequate yearly progress, meets less than
seventy-five per cent of the
applicable state
performance
indicators, and has a performance index score established by the
department.
(b) It does not make adequate yearly progress and either
meets at least fifty per cent but less than seventy-five per cent
of the applicable state performance indicators or has a
performance index score established by the department.
(4) A school district
or building shall be declared to be
under an
academic watch if it does not make adequate yearly
progress and either meets at least thirty-one per cent but less
than fifty per cent of the
applicable
state
performance
indicators
or has a performance index score established by the department.
(5) A school district
or building shall be declared to be
in
a state
of academic emergency if it does not make adequate yearly
progress, does not meet at least thirty-one per cent
of the
applicable state performance
indicators, and has a performance
index score established by the department.
(6) When designating performance ratings for school districts
and buildings under divisions (B)(1) to (5) of this section, the
department shall not assign a school district or building a lower
designation from its previous year's designation based solely on
one subgroup not making adequate yearly progress.
(7) Division (B)(7) of this section does not apply to any
community school established under Chapter 3314. of the Revised
Code in which a majority of the students are enrolled in a dropout
prevention and recovery program.
A school district or building shall not be assigned a higher
performance rating than in need of continuous improvement if at
least ten per cent but not more than fifteen per cent of the
enrolled students do not take all achievement tests assessments
prescribed for
their grade level under division (A)(1) or (B)(1)
of
section 3301.0710 of the Revised Code from
which they are not
excused pursuant to division (C)(1) or (3) of
section 3301.0711
of the Revised Code. A school district or
building shall not be
assigned a higher performance rating than
under an academic watch
if more than fifteen per cent but not more
than twenty per cent
of the enrolled students do not take all
achievement tests
assessments prescribed for their grade level under division (A)(1)
or (B)(1) of section
3301.0710 of the Revised Code from which
they are not excused
pursuant to division (C)(1) or (3) of
section 3301.0711 of the
Revised Code. A school district or
building shall not be assigned
a higher performance rating than
in a state of academic emergency
if more than twenty per cent of
the enrolled students do not take
all achievement tests
assessments prescribed for their grade level under
division
(A)(1) or (B)(1) of section 3301.0710 of the Revised Code from
which they are not
excused pursuant to division (C)(1) or (3) of
section 3301.0711 of
the Revised Code.
(C)(1) The department shall issue annual report cards for
each school
district, each building within each district, and for
the state as a whole
reflecting performance on the
indicators
created by the state board under section 3302.02 of the
Revised
Code, the performance index score, and adequate yearly progress.
(2) The department shall include on the report card for each
district information pertaining to any change
from the previous
year made by the school district or school
buildings within the
district on any performance indicator.
(3) When reporting data on student performance, the
department shall disaggregate that data according to the following
categories:
(a) Performance of students by age group;
(b) Performance of students by race and ethnic group;
(c) Performance of students by gender;
(d) Performance of students grouped by those who have been
enrolled in a district or school for three or more years;
(e) Performance of students grouped by those who have been
enrolled in a district or school for more than one year and less
than three years;
(f) Performance of students grouped by those who have been
enrolled in a district or school for one year or less;
(g) Performance of students grouped by those who are
economically disadvantaged;
(h) Performance of students grouped by those who are enrolled
in a conversion community school established under Chapter 3314.
of the Revised Code;
(i) Performance of students grouped by those who are
classified as limited English proficient;
(j) Performance of students grouped by those who have
disabilities;
(k) Performance of students grouped by those who are
classified as migrants;
(l) Performance of students grouped by those who are
identified as gifted pursuant to Chapter 3324. of the Revised
Code.
The department may disaggregate data on student performance
according to other categories that the department determines are
appropriate. To the extent possible, the department shall
disaggregate data on student performance according to any
combinations of two or more of the categories listed in divisions
(C)(3)(a) to (l) of this section that it deems relevant.
In reporting data pursuant to division (C)(3) of this
section, the
department shall not include in the report cards any
data statistical in nature that is statistically unreliable or
that could result in the identification of individual students.
For this purpose, the department shall not report student
performance data for any group identified in division (C)(3) of
this section that contains less than ten students.
(4) The department may include with the report cards any
additional education and fiscal
performance data
it deems
valuable.
(5) The department shall include on each report card a list
of additional information collected by the department that is
available regarding the district or building for which the report
card is issued. When available, such additional information shall
include student mobility data disaggregated by race and
socioeconomic status, college enrollment data, and the reports
prepared under section 3302.031 of the Revised Code.
The department shall maintain a site on the world wide web.
The report card shall include the address of the site and shall
specify that such additional information is available to the
public at that site. The department shall also provide a copy of
each item on the list to the superintendent of each school
district. The district superintendent shall provide a copy of any
item on the list to anyone who requests it.
(6)(a) This division does not apply to conversion community
schools that primarily enroll students between sixteen and
twenty-two years of age who dropped out of high school or are at
risk of dropping out of high school due to poor attendance,
disciplinary problems, or suspensions.
For any district that sponsors a conversion community
school
under Chapter 3314. of the Revised Code, the department
shall
combine data regarding the academic performance of students
enrolled in the community school with comparable data from the
schools of the district for the purpose of calculating the
performance of the district as a whole on the report card issued
for the district.
(b) Any district that leases a building to a community school
located in the district or that enters into an agreement with a
community school located in the district whereby the district and
the school endorse each other's programs may elect to have data
regarding the academic performance of students enrolled in the
community school combined with comparable data from the schools of
the district for the purpose of calculating the performance of the
district as a whole on the district report card. Any district that
so elects shall annually file a copy of the lease or agreement
with the department.
(7) The department shall include on each report card the
percentage of teachers in the district or building who are highly
qualified, as defined by the "No Child Left Behind Act of 2001,"
and a comparison of that percentage with the percentages of such
teachers in similar districts and buildings.
(8) The department shall include on the report card the
number of master lead teachers employed by each district and each
building once the data is available from the education management
information system established under section 3301.0714 of the
Revised Code.
(D)(1) In calculating
reading, writing English language arts,
mathematics, social
studies, or science proficiency
or achievement
test assessment
passage rates
used to determine school district or
building performance under
this
section,
the department shall
include all
students
taking a
test an assessment with
accommodation
or to
whom an
alternate
assessment is
administered
pursuant to
division
(C)(1) or (3)
of
section
3301.0711 of the
Revised
Code.
(2) In calculating performance index scores, rates of
achievement on the performance indicators established by the state
board under section 3302.02 of the Revised Code, and adequate
yearly progress for school districts and buildings under this
section, the department shall do all of the following:
(a) Include for each district or building only those students
who are included in the ADM certified for the first full school
week of October and are continuously enrolled in the district or
building through the time of the spring administration of any test
assessment prescribed by division (A)(1) or (B)(1) of section
3301.0710 of the Revised Code that is
administered to the
student's grade level;
(b) Include cumulative totals from both the fall and spring
administrations of the third grade reading achievement test;
(c) Except as required by the "No Child Left Behind Act of
2001" for the calculation of adequate yearly progress, exclude for
each district or building any limited English proficient student
who has been enrolled in United States schools for less than one
full school year.
Sec. 3302.031. (A) As used in this section:
(1) "Community school" means a community school established
under Chapter 3314. of the Revised Code.
(2) "STEM school" means a science, technology, engineering,
and mathematics school established under Chapter 3326. of the
Revised Code.
(B) In addition to the report cards required
under
section
3302.03 of the Revised Code, the department of
education
shall
annually prepare the following reports for each
school
district
and described in this section. The department shall make a copy of
each report available to the
public on the department's web site
and shall provide a hard copy of each report to the applicable
school district superintendent of each district:
(A) A, community school chief administrator, or STEM school
chief administrative officer.
(C) The department shall prepare a
funding and expenditure
accountability report which
shall consist
of for each school
district, community school, and STEM school.
The report shall
specify the amount of state aid payments for the
fiscal year the
school
district, community school, or STEM school
will receive
during the fiscal year under Chapter Chapters 3306. and 3317.
of
the Revised Code and. The report shall include any other fiscal
data the department
office of school resource management
established under section 3301.80 of the Revised Code determines
is necessary to inform the public about the financial
status of
the district;
(D) The department shall prepare the following reports for
each school district:
(1) A school safety and discipline report which shall
consist
of statistical information regarding student safety and
discipline
in each school building, including the number of
suspensions and
expulsions disaggregated according to race and
gender;
(C)(2) A student equity report which shall consist of at
least
a description of the status of teacher qualifications,
library and
media resources, textbooks, classroom materials and
supplies, and
technology resources for each district. To the
extent possible,
the information included in the report required
under this
division shall be disaggregated according to grade
level, race,
gender, disability, and scores attained on tests
assessments
required under
section 3301.0710 of the Revised Code.
(D)(3) A school enrollment report which shall consist of
information about the composition of classes within each district
by grade and subject disaggregated according to race, gender, and
scores attained on tests assessments required under section
3301.0710 of the
Revised Code;
(E)(4) A student retention report which shall consist of the
number of students retained in their respective grade levels in
the district disaggregated by grade level, subject area, race,
gender, and disability;
(F)(5) A school district performance report which shall
describe for the district and each building within the district
the extent to which the district or building meets each of the
applicable performance indicators established under section
3302.02 of the Revised Code, the number of performance indicators
that have been achieved, and the performance index score. In
calculating the rates of achievement on the performance indicators
and the performance index scores for each report, the department
shall exclude all students with disabilities.
Sec. 3302.05.
The state board of
education
shall adopt
rules
freeing
school districts
declared to
be
excellent under division
(B)(1)
or
effective under
division
(B)(2) of section 3302.03
of
the Revised Code from
specified state
mandates. Any mandates
included in
the
rules shall be
only those statutes or rules
pertaining
to state education
requirements. The rules shall not
exempt districts from any standard or requirement of Chapter 3306.
or from any operating standard adopted under division (E) of
section 3301.07 of the Revised Code.
Sec. 3302.07. (A) The board of education of any school
district, the governing board of any educational service
center,
or the administrative authority of any chartered nonpublic
school
may submit to the state board of education an
application
proposing an innovative education pilot program the
implementation
of which requires exemptions from specific
statutory provisions or
rules. If a district or service center board employs
teachers
under a collective bargaining agreement adopted pursuant
to
Chapter 4117. of the Revised Code, any application submitted
under
this division shall include the written consent of the
teachers'
employee representative designated under division (B)
of section
4117.04 of the Revised Code. The exemptions requested
in the
application shall be limited to any requirement of Title
XXXIII of
the Revised Code or of any rule of the state board
adopted
pursuant to that title except that the application may
not propose
an exemption from any requirement of or rule adopted
pursuant to
Chapter 3307. or 3309., sections 3319.07 to 3319.21,
or Chapter
3323. of the Revised Code. Furthermore, an exemption from any
standard or requirement of Chapter 3306. or from any operating
standard adopted under division (E) of section 3301.07 of the
Revised Code shall be granted only pursuant to a waiver granted by
the superintendent of public instruction under section 3306.40 of
the Revised Code.
(B) The state board of education shall accept any
application
submitted in accordance with division (A) of this
section. The
superintendent of public instruction shall approve
or disapprove
the application in accordance with standards
for approval, which
shall be adopted by the state board.
(C) The superintendent of public instruction shall exempt
each district or service center board or chartered nonpublic
school
administrative authority with an application approved under
division
(B) of this section for a specified period from the
statutory
provisions or rules specified in the approved
application. The
period of exemption shall not exceed the period
during which the
pilot program proposed in the application is
being implemented
and a reasonable period to allow for evaluation
of the
effectiveness of the program.
Sec. 3304.231. There is hereby created a brain injury
advisory committee, which shall advise the
administrator of the
rehabilitation services commission and the brain injury
program
with regard to unmet needs of survivors of brain injury,
development of programs for survivors and their families,
establishment of training programs for health care professionals,
and any other matter within the province of the brain
injury
program. The committee shall consist of not less fewer than
eighteen
twenty and
not more than twenty-one twenty-two members as
follows:
(A) Not less fewer than ten and not more than twelve members
appointed by the administrator of the rehabilitation services
commission, including all of the following: a survivor of
brain
injury, a relative of a survivor of brain injury, a
licensed
physician recommended by the Ohio chapter of the American college
of emergency physicians, a licensed physician recommended by the
Ohio state medical association, one other health care
professional, a rehabilitation professional, an individual who
represents the brain injury association of Ohio, and
not less
fewer than
three nor more than five individuals who shall
represent the
public;
(B) The directors of the departments of health, alcohol
and
drug addiction services, mental retardation and developmental
disabilities, mental health, job and family services, aging, and
highway
public safety; the administrator of
workers' compensation;
the
superintendent of
public instruction; and the administrator of
the
rehabilitation
services commission. Any of the officials
specified in this
division may designate an individual to serve in
the
official's place as a
member of the committee.
The director of health shall make initial appointments to
the
committee by November 1, 1990. Appointments made
after July 26,
1991,
shall be made by
the administrator of the rehabilitation
services commission.
Terms of office of the appointed members
shall be two years. Members
may be reappointed.
Vacancies shall
be filled in the manner
provided for original
appointments. Any
member appointed to fill
a
vacancy occurring
prior to the
expiration date of the term for
which the
member's predecessor was
appointed shall hold office as
a member for the
remainder of that
term.
Members of the committee shall serve without
compensation,
but shall be reimbursed for actual and necessary expenses
incurred
in the performance of their duties.
Sec. 3306.01. This chapter shall be administered by the
state board of education. The superintendent of public instruction
shall calculate the amounts payable to each school district and
shall certify the amounts payable to each eligible district to the
treasurer of the district as determined under this chapter. As
soon as possible after such amounts are calculated, the
superintendent shall certify to the treasurer of each school
district the district's adjusted charge-off increase, as defined
in section 5705.211 of the Revised Code. No moneys shall be
distributed pursuant to this chapter without the approval of the
controlling board.
The state board of education shall, in accordance with
appropriations made by the general assembly, meet the financial
obligations of this chapter.
Annually, the department of education shall calculate and
report to each school district the district's adequacy amount
utilizing the calculations in sections 3306.03 and 3306.13 of the
Revised Code. The department shall calculate and report separately
for each school district the district's total state and local
funds for its students with disabilities, utilizing the
calculations in sections 3306.05, 3306.11, and 3306.13 of the
Revised Code. The department shall calculate and report separately
for each school district the amount of funding calculated for each
factor of the district's adequacy amount.
Not later than the thirty-first day of August of each fiscal
year, the department of education shall provide to each school
district a preliminary estimate of the amount of funding that the
department calculates the district will receive under section
3306.13 of the Revised Code. Not later than the first day of
December of each fiscal year, the department shall update that
preliminary estimate.
Moneys distributed pursuant to this chapter shall be
calculated and paid on a fiscal year basis, beginning with the
first day of July and extending through the thirtieth day of June.
Unless otherwise provided, the moneys appropriated for each fiscal
year shall be distributed at least monthly to each school
district. The state board shall submit a yearly distribution plan
to the controlling board at its first meeting in July. The state
board shall submit any proposed midyear revision of the plan to
the controlling board in January. Any year-end revision of the
plan shall be submitted to the controlling board in June. If
moneys appropriated for each fiscal year are distributed other
than monthly, such distribution shall be on the same basis for
each school district.
The total amounts paid each month shall constitute, as nearly
as possible, one-twelfth of the total amount payable for the
entire year.
Payments shall be calculated to reflect the reporting of
formula ADM. Annualized periodic payments for each school district
shall be based on the district's final student counts verified by
the superintendent of public instruction based on reports under
section 3317.03 of the Revised Code, as adjusted, if so ordered,
under division (K) of that section.
(A) Except as otherwise provided, payments under this chapter
shall be made only to those school districts that comply with
divisions (A)(1) to (3) of this section.
(1) Each city, exempted village, and local school district
shall levy for current operating expenses at least twenty mills.
Levies for joint vocational or cooperative education school
districts or county school financing districts, limited to or to
the extent apportioned to current expenses, shall be included in
this qualification requirement. School district income tax levies
under Chapter 5748. of the Revised Code, limited to or to the
extent apportioned to current operating expenses, shall be
included in this qualification requirement to the extent
determined by the tax commissioner under division (D) of section
3317.021 of the Revised Code.
(2) Each city, exempted village, local, and joint vocational
school district, during the school learning year next preceding
the fiscal year for which payments are calculated under this
chapter, shall meet the requirement of section 3313.48 or 3313.481
of the Revised Code, with regard to the minimum number of days or
hours school must be open for instruction with pupils in
attendance, for individualized parent-teacher conference and
reporting periods, and for professional meetings of teachers. Up
to five learning days shall be waived by the superintendent of
public instruction if it had been necessary for a school to be
closed because of disease epidemic, hazardous weather conditions,
inoperability of school buses or other equipment necessary to the
school's operation, damage to a school building, or other
temporary circumstances due to utility failure rendering the
school building unfit for school use. The state board shall adopt
standards for the superintendent to apply in determining the
waiver of days or hours for schools operating under section
3313.481 of the Revised Code.
A school district shall not be considered to have failed to
comply with this division or section 3313.481 of the Revised Code
because schools were open for instruction but either twelfth grade
students were excused from attendance for up to three days or only
a portion of the kindergarten students were in attendance for up
to three days in order to allow for the gradual orientation to
school of such students.
The superintendent of public instruction shall waive the
requirements of this section with reference to the minimum number
of days or hours a school must be open for instruction with pupils
in attendance for the learning year succeeding the learning year
in which a board of education initiates a plan of operation
pursuant to section 3313.481 of the Revised Code. The minimum
requirements of this section shall again be applicable to the
district beginning with the learning year commencing the second
July succeeding the initiation of the plan, and for each learning
year thereafter.
A school district shall not be considered to have failed to
comply with this division or section 3313.48 or 3313.481 of the
Revised Code because schools were open for instruction but the
length of the regularly scheduled learning day, for any number of
days during the learning year, was reduced by not more than two
hours due to hazardous weather conditions.
(3) Each city, exempted village, local, and joint vocational
school district shall have on file, and shall pay in accordance
with, a teachers' salary schedule which complies with section
3317.13 of the Revised Code.
(B) A school district board of education or educational
service center governing board that has not conformed with other
law, and the rules pursuant thereto, shall not participate in the
distribution of funds authorized by this chapter, except for good
and sufficient reason established to the satisfaction of the state
board of education and the state controlling board.
(C) All funds allocated to school districts under this
chapter, except those specifically allocated for other purposes,
shall be used to pay current operating expenses only.
(D) On or before the third Wednesday of each month, the
department of education shall certify to the director of budget
and management for payment, for each county:
(1)(a) That portion of the allocation of money under section
3306.13 of the Revised Code that is required to be paid in that
month to each school district located wholly within the county
subsequent to the deductions described in division (D)(1)(b) of
this section;
(b) The amounts deducted from such allocation under sections
3307.31 and 3309.51 of the Revised Code for payment directly to
the school employees and state teachers retirement systems under
such sections.
(2) If the district is located in more than one county, an
apportionment of the amounts that would otherwise be certified
under division (D)(1) of this section. The amounts apportioned to
the county shall equal the amounts certified under division (D)(1)
of this section times the percentage of the district's resident
pupils who reside both in the district and in the county.
Sec. 3306.011. Beginning with fiscal year 2010, the
payments
prescribed by this chapter supersede and replace the
payments
described under sections 3317.012, 3317.013, 3317.014,
3317.022,
3317.029, 3317.0216, 3317.0217, and 3317.16 of the
Revised Code,
except as otherwise provided in section 3317.018 of
the Revised
Code.
Sec. 3306.02. As used in this chapter:
(A) "Adequacy amount" means the amount described in section
3306.03 of the Revised Code.
(B) "Career-technical education teacher" means an education
professional who provides specialized instruction in career and
technical courses.
(C)(1) "Category one special education ADM" means a school
district's formula ADM of children whose primary or only
identified disability is a speech and language disability, as this
term is defined pursuant to Chapter 3323. of the Revised Code.
Beginning in fiscal year 2010, for any school district for which
formula ADM means the number verified in the previous fiscal year,
the category one special education ADM also shall be as verified
from the previous year.
(2) "Category two special education ADM" means a school
district's formula ADM of children identified as specific learning
disabled or developmentally disabled, as these terms are defined
pursuant to Chapter 3323. of the Revised Code, or as having an
other health impairment-minor, as defined in this section.
Beginning in fiscal year 2010, for any school district for which
formula ADM means the number verified in the previous fiscal year,
the category two special education ADM also shall be as verified
from the previous year.
(3) "Category three special education ADM" means a school
district's formula ADM of children identified as hearing disabled,
vision impaired, or severe behavior disabled, as these terms are
defined pursuant to Chapter 3323. of the Revised Code. Beginning
in fiscal year 2010, for any school district for which formula ADM
means the number verified in the previous fiscal year, the
category three special education ADM also shall be as verified
from the previous year.
(4) "Category four special education ADM" means a school
district's formula ADM of children identified as orthopedically
disabled, as this term is defined pursuant to Chapter 3323. of the
Revised Code, or as having an other health impairment-major, as
defined in this section. Beginning in fiscal year 2010, for any
school district for which formula ADM means the number verified in
the previous fiscal year, the category four special education ADM
also shall be as verified from the previous year.
(5) "Category five special education ADM" means a school
district's formula ADM of children identified as having multiple
disabilities, as this term is defined pursuant to Chapter 3323. of
the Revised Code. Beginning in fiscal year 2010, for any school
district for which formula ADM means the number verified in the
previous fiscal year, the category five special education ADM also
shall be as verified from the previous year.
(6) "Category six special education ADM" means a school
district's formula ADM of children identified as autistic, having
traumatic brain injuries, or as both visually and hearing
impaired, as these terms are defined pursuant to Chapter 3323. of
the Revised Code. Beginning in fiscal year 2010, for any school
district for which formula ADM means the number verified in the
previous fiscal year, the category six special education ADM also
shall be as verified from the previous year.
(D) "Class one effective operating tax rate" of a school
district means the quotient obtained by dividing the district's
class one taxes charged and payable for current expenses by the
district's class one taxable value.
(E) "Core teacher" means an education professional who
provides instruction in English-language arts, mathematics,
science, social studies, or foreign languages.
(F) "Counselor" means a person with a valid educator license
issued pursuant to section 3319.22 of the Revised Code who
provides pre-college and career counseling, general academic
counseling, course planning, and other counseling services that
are not related to a student's individualized education plan, as
defined in section 3323.01 of the Revised Code.
(G)(1) "Formula ADM" means, for a city, local, or exempted
village school district, the average daily
membership described
in division (A) of section 3317.03 of the
Revised Code, as
verified by the superintendent of public
instruction and adjusted
if so ordered under division (K) of that
section, further
adjusted by the department of education, as
follows:
(a) Count only twenty per cent of the number of joint
vocational school district students counted under division (A)(3)
of section 3317.03 of the Revised Code;
(b) Add twenty per cent of the number of students who are
entitled to attend school in the district under section 3313.64 or
3313.65 of the Revised Code and are enrolled in another school
district under a career-technical educational compact.
(2) In making calculations under this chapter that utilize
formula ADM, the department shall use the formula ADM derived from
the final, verified, and adjusted average daily membership
described under division (A) of section 3317.03 of the Revised
Code for the prior fiscal year, unless such average daily
membership for the current fiscal year exceeds that number by two
per cent or more. In that case, the department shall derive the
formula ADM from such average daily membership for the current
fiscal year.
(3) For fiscal year 2010, the department shall calculate
formula ADM on the basis of the final, verified, and adjusted
average daily membership, described in division (A) of the version
of section 3317.03 of the Revised Code in effect on and after the
effective date of this amendment, for October 2008 unless such
average daily membership for October 2009 exceeds that number by
two per cent or more. In that case, the department shall derive
the formula ADM from such average daily membership for October
2009.
(H) "Internet- or computer-based community school" has the
same meaning as in section 3314.02 of the Revised Code.
(I) "Lead teacher" means a teacher who provides mentoring and
coaching for new teachers. A lead teacher also assists in
coordinating professional development activities, in the
development of professional learning communities, and in common
planning time, and assists teachers in developing project-based,
real-world learning activities for their students. The lead
teacher position shall be a rotating position in which an
individual shall serve no more than three years. After lead
teacher licenses become available under section 3319.22 of the
Revised Code, only teachers who hold that license shall be
appointed as lead teachers. Until that time, each school district
shall designate qualifications for the lead teacher position that
are comparable to the licensing requirements, and shall give
preference for appointment to the position to teachers who are
certified by the national board for professional teaching
standards or who meet the qualifications for a "master teacher"
established by the educator standards board under the former
version of section 3319.61 of the Revised Code.
(J) "Limited English proficiency teacher" means a person who
provides instruction in English as a second language.
(K) "Medically fragile child" means a child to whom all of
the following apply:
(1) The child requires the services of a doctor of medicine
or osteopathic medicine at least once a week due to the
instability of the child's medical condition.
(2) The child requires the services of a registered nurse on
a daily basis.
(3) The child is at risk of institutionalization in a
hospital, skilled nursing facility, or intermediate care facility
for the mentally retarded.
(L) "Ohio instructional quality index" (Ohio IQ index) means
an index applied to the statewide base teacher salary to adjust
the funding amount for each school district to account for student
and community socioeconomic factors affecting teacher recruitment
and retention, professional development, and other factors related
to quality instruction. The Ohio IQ index for each school district
includes the district's college attainment rate of population,
wealth per pupil, and concentration of poverty, and is listed in
section 3306.051 of the Revised Code.
(M) "Organizational unit" means, for the purpose of
calculating a school district's adequacy amount under this
chapter, a unit used to index a school district's formula ADM in
certain grade levels. Calculating the number of organizational
units in a school district functions to allocate the state's
resources in a manner that achieves a thorough, efficient, and
adequate educational system that provides the appropriate services
to students enrolled in that district. In recognition of the fact
that students have different educational needs at each
developmental stage, organizational units group the grade levels
into elementary school units, middle school units, and high school
units. Except as provided in division (C) of section 3306.04 of
the Revised Code, a school district's "organizational units" is
the sum of its elementary school units, middle school units, and
high school units.
(N) A child may be identified as having an "other health
impairment-major" if the child's condition meets the definition of
"other health impaired" established in rules adopted by the state
board of education prior to July 1, 2001, and if either of the
following apply:
(1) The child is identified as having a medical condition
that is among those listed by the superintendent of public
instruction as conditions where a substantial majority of cases
fall within the definition of "medically fragile child."
(2) The child is determined by the superintendent of public
instruction to be a medically fragile child. A school district may
petition the superintendent of public instruction for a
determination that a child is a medically fragile child.
(O) A child may be identified as having an "other health
impairment-minor" if the child's condition meets the definition of
"other health impaired" established in rules adopted by the state
board of education prior to July 1, 2001, but the child's
condition does not meet either of the conditions specified in
division (N)(1) or (2) of this section.
(P) "Principal" means a person who provides management
oversight of building operations, academic leadership for the
teaching professionals, and other administrative duties.
(Q) "Property exemption value" means the amount certified for
a school district under divisions (A)(6) and (7) of section
3317.021 of the Revised Code.
(R) "Recognized valuation" means the amount calculated for a
school district pursuant to section 3317.015 of the Revised Code.
(S) "School nurse" means a person who has fulfilled the
requirements for the issuance of a school nurse license under
section 3319.221 of the Revised Code or is otherwise qualified to
be a school nurse under that section.
(T) "Small school district" means a city, local, or exempted
village school district that has a formula ADM of less than eight
hundred students in grades kindergarten through twelve.
(U) "Special education" has the same meaning as in section
3323.01 of the Revised Code.
(V) "Special education teacher" means a teacher who holds the
necessary license issued pursuant to section 3319.22 of the
Revised Code to meet the unique needs of children with
disabilities.
(W) "Special education teacher's aide" means a person
providing support for special education teachers and other
associated duties.
(X) "Specialist teacher" means a person holding a valid
educator's license, issued pursuant to section 3319.22 of the
Revised Code, who provides instruction in art, music, or physical
education.
(Y) "State share percentage" means the quotient of a school
district's state share of the adequacy amount determined under
section 3306.13 of the Revised Code divided by the total adequacy
amount for the district as described in section 3306.03 of the
Revised Code. If the quotient is a negative number, the district's
state share percentage is zero.
(Z) "Student support staff" means individuals who provide
assistance to students and their families and may include
individuals who hold valid licenses as family liaisons, social
workers, and student advocates.
(AA) "Supplemental teacher" means a person holding a valid
educator license issued pursuant to section 3319.22 of the Revised
Code, or qualified to secure such a license and approved by the
school district to provide remedial services, intensive
subject-based instruction, homework help, or other forms of
supplemental instruction.
(BB) "Targeted poverty indicator" means the percentage of a
school district's students who are economically disadvantaged, as
determined for purposes of the report card issued under section
3302.03 of the Revised Code.
(CC) "Total taxable value" means the sum of the amounts
certified for a school district under divisions (A)(1) and (2) of
section 3317.021 of the Revised Code.
Sec. 3306.03. (A) The adequacy amount for each city, local,
and exempted village school district is the sum of the following:
(1) Instructional services support calculated under section
3306.05 of the Revised Code;
(2) Additional services support calculated under section
3306.06 of the Revised Code;
(3) Administrative services support calculated under section
3306.07 of the Revised Code;
(4) Operations and maintenance support calculated under
section 3306.08 of the Revised Code;
(5) Gifted education and enrichment support calculated under
section 3306.09 of the Revised Code;
(6) Technology resources support calculated under section
3306.10 of the Revised Code;
(7) The professional development factor, calculated by
multiplying the sum of the school district's core teacher,
specialist teacher, career-technical education teacher,
supplemental teacher, lead teacher, special education teacher,
special education teacher's aide, and limited English proficiency
teacher positions, all as calculated under sections 3306.05 and
3306.11 of the Revised Code, by $1,833 in fiscal years 2010 and
2011;
(8) The instructional materials factor, calculated by
multiplying the school district's formula ADM by $165. The
instructional materials factor for each city, local, and exempted
village school district, except the Cleveland municipal school
district, shall be adjusted by multiplying this calculated amount
by 0.25 in fiscal years 2010 and 2011, by 0.5 in fiscal years 2012
and 2013, and by 0.75 in fiscal years 2014 and 2015.
(B) The state share of the adequacy amount paid to each
school district shall be determined under section 3306.13 of the
Revised Code.
(C) Transportation support shall be calculated under section
3306.12 of the Revised Code and is in addition to the state share
of the adequacy amount.
Sec. 3306.04. (A) For purposes of calculating the adequacy
amount for each city, local, and exempted village school district,
the department of education shall calculate the number of the
district's organizational units.
(B) Except for a small school district, each school
district's "organizational units" is the sum of its elementary
school units, middle school units, and high school units, as
follows:
(1) The number of the district's elementary school
organizational units is calculated by dividing its formula ADM for
grades kindergarten to five by four hundred eighteen.
(2) The number of the district's middle school organizational
units is calculated by dividing its formula ADM for grades six to
eight by five hundred fifty-seven.
(3) The number of the district's high school organizational
units is calculated by dividing its formula ADM for grades nine to
twelve by seven hundred thirty-three.
(C) For each small school district, the number of
organizational units is one organizational unit.
Sec. 3306.05. (A) The instructional services support
component of the adequacy amount for each city, local, and
exempted village school district is the sum of the following:
(1) The core teacher factor;
(2) The specialist teacher factor;
(3) The career-technical education teacher factor;
(4) The lead teacher factor;
(5) The special education teacher factor;
(6) The special education teacher's aide factor;
(7) The limited English proficiency teacher factor;
(8) The supplemental teacher factor.
(B) Each factor listed in division (A) of this section shall
be calculated by multiplying the Ohio instructional quality index,
specified for the district in section 3306.051 of the Revised
Code, times the statewide base teacher salary of $51,407 in fiscal
year 2010 and $52,402 in fiscal year 2011, times the number of
positions funded, as follows:
(1) The number of core teacher positions funded shall be
calculated by dividing the district's formula ADM in grades four
to twelve by twenty-five, and then adding that number to the
quotient of the district's formula ADM in grades kindergarten to
three divided by fifteen.
(2) The number of specialist teacher positions funded shall
be calculated by multiplying the number of core teacher positions
determined under division (B)(1) of this section for grades
kindergarten to eight by one-fifth, and by multiplying the number
of core teacher positions determined for grades nine to twelve by
one-fourth.
(3) The number of career-technical education teacher
positions funded shall be calculated by multiplying the number of
core teacher positions determined under division (B)(1) of this
section for grades nine to twelve by one-tenth.
(4) The number of lead teacher positions funded shall equal
the number of the district's organizational units.
(5) The number of special education teacher positions and
special education teacher's aide positions funded shall be
calculated as provided in section 3306.11 of the Revised Code.
(6) The number of limited English proficiency teacher
positions funded shall be calculated by multiplying the district's
formula ADM times the district's percentage of limited English
proficient students, as defined in 20 U.S.C. 7801, and then
dividing that product by one hundred;
(7) The number of supplemental teacher positions funded shall
be calculated by multiplying the district's formula ADM times its
targeted poverty indicator, and then dividing that product by one
hundred.
(C) The Ohio instructional quality index shall have a minimum
value of 0.9 and a maximum value of 1.65 in fiscal years 2010 and
2011. The index for each district is listed in section 3306.051 of
the Revised Code and is based on the following characteristics:
(1) The college attainment rate of the district's population;
(2) The district's wealth per pupil, based on property
valuation and federal adjusted gross income;
(3) The district's concentration of poverty, based on its
targeted poverty indicator.
(D) Each school district shall account separately for
expenditures of the amounts received for instructional services
support under this section and report that information to the
department of education.
Sec. 3306.051. The Ohio instructional quality index value
for each school district for fiscal years 2010 and 2011 shall
equal the following:
| School District |
|
County |
|
Index Value |
| Ada Ex Vill SD |
|
Hardin |
|
1.38316738407939 |
| Adena Local SD |
|
Ross |
|
1.43553813428764 |
| Akron City SD |
|
Summit |
|
1.55214598095557 |
| Alexander Local SD |
|
Athens |
|
1.43015630472456 |
| Allen East Local SD |
|
Allen |
|
1.57269169950975 |
| Alliance City SD |
|
Stark |
|
1.55377378649335 |
| Amanda-Clearcreek Local SD |
|
Fairfield |
|
1.45137446956102 |
| Amherst Ex Vill SD |
|
Lorain |
|
1.26277474396294 |
| Anna Local SD |
|
Shelby |
|
1.30802644788057 |
| Ansonia Local SD |
|
Darke |
|
1.47254958516085 |
| Anthony Wayne Local SD |
|
Lucas |
|
1.15668482622759 |
| Antwerp Local SD |
|
Paulding |
|
1.34480292336779 |
| Arcadia Local SD |
|
Hancock |
|
1.29249407493999 |
| Arcanum Butler Local SD |
|
Darke |
|
1.32640064122142 |
| Archbold-Area Local SD |
|
Fulton |
|
1.25061423607860 |
| Arlington Local SD |
|
Hancock |
|
1.29910094614466 |
| Ashland City SD |
|
Ashland |
|
1.37797615070599 |
| Ashtabula Area City SD |
|
Ashtabula |
|
1.51877802872340 |
| Athens City SD |
|
Athens |
|
1.31449076237183 |
| Aurora City SD |
|
Portage |
|
1.10734045821710 |
| Austintown Local SD |
|
Mahoning |
|
1.37991786814453 |
| Avon Lake City SD |
|
Lorain |
|
1.08523904301942 |
| Avon Local SD |
|
Lorain |
|
1.14371335782636 |
| Ayersville Local SD |
|
Defiance |
|
1.27249740539908 |
| Barberton City SD |
|
Summit |
|
1.51373365473467 |
| Barnesville Ex Vill SD |
|
Belmont |
|
1.45649517851804 |
| Batavia Local SD |
|
Clermont |
|
1.42311415635436 |
| Bath Local SD |
|
Allen |
|
1.37390782718537 |
| Bay Village City SD |
|
Cuyahoga |
|
1.04169620144073 |
| Beachwood City SD |
|
Cuyahoga |
|
0.94752740903294 |
| Beaver Local SD |
|
Columbiana |
|
1.44663970637407 |
| Beavercreek City SD |
|
Greene |
|
1.10233418952533 |
| Bedford City SD |
|
Cuyahoga |
|
1.38138151793617 |
| Bellaire Local SD |
|
Belmont |
|
1.54814282495971 |
| Bellefontaine City SD |
|
Logan |
|
1.43566043746975 |
| Bellevue City SD |
|
Huron |
|
1.40775954457181 |
| Belpre City SD |
|
Washington |
|
1.41023881963485 |
| Benjamin Logan Local SD |
|
Logan |
|
1.28681097115163 |
| Benton Carroll Salem Local SD |
|
Ottawa |
|
1.25416794146071 |
| Berea City SD |
|
Cuyahoga |
|
1.29309745615398 |
| Berkshire Local SD |
|
Geauga |
|
1.23337868603712 |
| Berlin-Milan Local SD |
|
Erie |
|
1.26903303404587 |
| Berne Union Local SD |
|
Fairfield |
|
1.39141663685448 |
| Bethel Local SD |
|
Miami |
|
1.22696605951354 |
| Bethel-Tate Local SD |
|
Clermont |
|
1.44348412790439 |
| Bettsville Local SD |
|
Seneca |
|
1.45954051086539 |
| Bexley City SD |
|
Franklin |
|
0.97177691910840 |
| Big Walnut Local SD |
|
Delaware |
|
1.15777445294517 |
| Black River Local SD |
|
Medina |
|
1.33125252175806 |
| Blanchester Local SD |
|
Clinton |
|
1.44133156389658 |
| Bloom Carroll Local SD |
|
Fairfield |
|
1.21725736389741 |
| Bloomfield-Mespo Local SD |
|
Trumbull |
|
1.47810342437094 |
| Bloom-Vernon Local SD |
|
Scioto |
|
1.53096151025636 |
| Bluffton Ex Vill SD |
|
Allen |
|
1.26511636832154 |
| Boardman Local SD |
|
Mahoning |
|
1.27242556321390 |
| Botkins Local SD |
|
Shelby |
|
1.32391507325438 |
| Bowling Green City SD |
|
Wood |
|
1.18936100946643 |
| Bradford Ex Vill SD |
|
Miami |
|
1.47668290588311 |
| Brecksville-Broadview Heights SD |
|
Cuyahoga |
|
1.08517333216299 |
| Bridgeport Ex Vill SD |
|
Belmont |
|
1.53955555092516 |
| Bright Local SD |
|
Highland |
|
1.49850029080538 |
| Bristol Local SD |
|
Trumbull |
|
1.42992181224065 |
| Brookfield Local SD |
|
Trumbull |
|
1.44641168039274 |
| Brooklyn City SD |
|
Cuyahoga |
|
1.32088162236318 |
| Brookville Local SD |
|
Montgomery |
|
1.27428760962536 |
| Brown Local SD |
|
Carroll |
|
1.42274988725259 |
| Brunswick City SD |
|
Medina |
|
1.25818142070963 |
| Bryan City SD |
|
Williams |
|
1.35510972451512 |
| Buckeye Central Local SD |
|
Crawford |
|
1.43556609890524 |
| Buckeye Local SD |
|
Medina |
|
1.25024557534983 |
| Buckeye Local SD |
|
Ashtabula |
|
1.42727786511946 |
| Buckeye Local SD |
|
Jefferson |
|
1.49104688372842 |
| Buckeye Valley Local SD |
|
Delaware |
|
1.19663044098474 |
| Bucyrus City SD |
|
Crawford |
|
1.51932379931540 |
| Caldwell Ex Vill SD |
|
Noble |
|
1.44702551299587 |
| Cambridge City SD |
|
Guernsey |
|
1.48763589236089 |
| Campbell City SD |
|
Mahoning |
|
1.59250191980130 |
| Canal Winchester Local SD |
|
Franklin |
|
1.25811337381224 |
| Canfield Local SD |
|
Mahoning |
|
1.13149156287008 |
| Canton City SD |
|
Stark |
|
1.58510056214224 |
| Canton Local SD |
|
Stark |
|
1.41966052743520 |
| Cardinal Local SD |
|
Geauga |
|
1.33455603134067 |
| Cardington-Lincoln Local SD |
|
Morrow |
|
1.44849895394800 |
| Carey Ex Vill SD |
|
Wyandot |
|
1.33384949646612 |
| Carlisle Local SD |
|
Warren |
|
1.33580211776124 |
| Carrollton Ex Vill SD |
|
Carroll |
|
1.46169062269906 |
| Cedar Cliff Local SD |
|
Greene |
|
1.28375128584839 |
| Celina City SD |
|
Mercer |
|
1.38978722105822 |
| Centerburg Local SD |
|
Knox |
|
1.31718289325592 |
| Centerville City SD |
|
Montgomery |
|
1.04534749311330 |
| Central Local SD |
|
Defiance |
|
1.44896788872840 |
| Chagrin Falls Ex Vill SD |
|
Cuyahoga |
|
0.92806339634686 |
| Champion Local SD |
|
Trumbull |
|
1.29828831389434 |
| Chardon Local SD |
|
Geauga |
|
1.16011777810320 |
| Chesapeake Union Ex Vill SD |
|
Lawrence |
|
1.58847985557405 |
| Chillicothe City SD |
|
Ross |
|
1.43763524232520 |
| Chippewa Local SD |
|
Wayne |
|
1.27547606449697 |
| Cincinnati City SD |
|
Hamilton |
|
1.39724805642255 |
| Circleville City SD |
|
Pickaway |
|
1.42853982852450 |
| Clark-Shawnee Local SD |
|
Clark |
|
1.24608765962594 |
| Clay Local SD |
|
Scioto |
|
1.58935803702085 |
| Claymont City SD |
|
Tuscarawas |
|
1.53994952373754 |
| Clear Fork Valley Local SD |
|
Richland |
|
1.43233722358787 |
| Clearview Local SD |
|
Lorain |
|
1.53134193118229 |
| Clermont-Northeastern Local SD |
|
Clermont |
|
1.36825007417610 |
| Cleveland Hts-Univ Hts City SD |
|
Cuyahoga |
|
1.24571831169949 |
| Cleveland Municipal SD |
|
Cuyahoga |
|
1.60289354981704 |
| Clinton-Massie Local SD |
|
Clinton |
|
1.29071273982582 |
| Cloverleaf Local SD |
|
Medina |
|
1.26511723352296 |
| Clyde-Green Springs Ex Vill |
|
Sandusky |
|
1.43282449163555 |
| Coldwater Ex Vill SD |
|
Mercer |
|
1.33214048705060 |
| College Corner Local |
|
Preble |
|
1.43416557601467 |
| Colonel Crawford Local SD |
|
Crawford |
|
1.28266972583038 |
| Columbia Local SD |
|
Lorain |
|
1.23273957214914 |
| Columbiana Ex Vill SD |
|
Columbiana |
|
1.34816729646916 |
| Columbus City SD |
|
Franklin |
|
1.50998831550651 |
| Columbus Grove Local SD |
|
Putnam |
|
1.33992445789154 |
| Conneaut Area City SD |
|
Ashtabula |
|
1.51834676212769 |
| Conotton Valley Union Local SD |
|
Harrison |
|
1.47346528535669 |
| Continental Local SD |
|
Putnam |
|
1.34835504123222 |
| Copley-Fairlawn City SD |
|
Summit |
|
1.08781730755701 |
| Cory-Rawson Local SD |
|
Hancock |
|
1.30745767921531 |
| Coshocton City SD |
|
Coshocton |
|
1.52389546644770 |
| Coventry Local SD |
|
Summit |
|
1.31625562097883 |
| Covington Ex Vill SD |
|
Miami |
|
1.32093103273870 |
| Crestline Ex Vill SD |
|
Crawford |
|
1.50618157718821 |
| Crestview Local SD |
|
Van Wert |
|
1.32416145392487 |
| Crestview Local SD |
|
Columbiana |
|
1.42681221633056 |
| Crestview Local SD |
|
Richland |
|
1.46029096980587 |
| Crestwood Local SD |
|
Portage |
|
1.28915840399508 |
| Crooksville Ex Vill SD |
|
Perry |
|
1.55524713510970 |
| Cuyahoga Falls City SD |
|
Summit |
|
1.29472249957176 |
| Cuyahoga Heights Local SD |
|
Cuyahoga |
|
1.08397065897270 |
| Dalton Local SD |
|
Wayne |
|
1.28474012693261 |
| Danbury Local SD |
|
Ottawa |
|
1.17738813058462 |
| Danville Local SD |
|
Knox |
|
1.47595998856154 |
| Dawson-Bryant Local SD |
|
Lawrence |
|
1.64999999860561 |
| Dayton City SD |
|
Montgomery |
|
1.59882629675223 |
| Deer Park Community City SD |
|
Hamilton |
|
1.22059427909729 |
| Defiance City SD |
|
Defiance |
|
1.44815254657630 |
| Delaware City SD |
|
Delaware |
|
1.31590669314289 |
| Delphos City SD |
|
Allen |
|
1.37291297684486 |
| Dover City SD |
|
Tuscarawas |
|
1.34802082896793 |
| Dublin City SD |
|
Franklin |
|
1.03557869169081 |
| East Cleveland City SD |
|
Cuyahoga |
|
1.57875962905799 |
| East Clinton Local SD |
|
Clinton |
|
1.43884724706681 |
| East Guernsey Local SD |
|
Guernsey |
|
1.50389850636380 |
| East Holmes Local SD |
|
Holmes |
|
1.37084015495185 |
| East Knox Local SD |
|
Knox |
|
1.36747400053643 |
| East Liverpool City SD |
|
Columbiana |
|
1.58704385412617 |
| East Muskingum Local SD |
|
Muskingum |
|
1.38540064669836 |
| East Palestine City SD |
|
Columbiana |
|
1.46693037855365 |
| Eastern Local SD |
|
Brown |
|
1.45183276222165 |
| Eastern Local SD |
|
Meigs |
|
1.49439146282248 |
| Eastern Local SD |
|
Pike |
|
1.56501140713917 |
| Eastwood Local SD |
|
Wood |
|
1.28412114166561 |
| Eaton Community Schools City SD |
|
Preble |
|
1.29800267496843 |
| Edgerton Local SD |
|
Williams |
|
1.42293056560928 |
| Edgewood City SD |
|
Butler |
|
1.32839986593760 |
| Edison Local SD |
|
Jefferson |
|
1.42099747437496 |
| Edon-Northwest Local SD |
|
Williams |
|
1.43397933393019 |
| Elgin Local SD |
|
Marion |
|
1.45498743566858 |
| Elida Local SD |
|
Allen |
|
1.38940016011008 |
| Elmwood Local SD |
|
Wood |
|
1.42993297670141 |
| Elyria City SD |
|
Lorain |
|
1.48524463252506 |
| Euclid City SD |
|
Cuyahoga |
|
1.45236276931526 |
| Evergreen Local SD |
|
Fulton |
|
1.29295438360618 |
| Fairbanks Local SD |
|
Union |
|
1.23062333223189 |
| Fairborn City SD |
|
Greene |
|
1.38382906314715 |
| Fairfield City SD |
|
Butler |
|
1.32472719332600 |
| Fairfield Local SD |
|
Highland |
|
1.45221136317333 |
| Fairfield Union Local SD |
|
Fairfield |
|
1.41866061653927 |
| Fairland Local SD |
|
Lawrence |
|
1.41014076823602 |
| Fairlawn Local SD |
|
Shelby |
|
1.42251392255897 |
| Fairless Local SD |
|
Stark |
|
1.46888750000397 |
| Fairport Harbor Ex Vill SD |
|
Lake |
|
1.26463115195593 |
| Fairview Park City SD |
|
Cuyahoga |
|
1.09750947227520 |
| Fayetteville-Perry Local SD |
|
Brown |
|
1.32653257314879 |
| Federal Hocking Local SD |
|
Athens |
|
1.49279976833603 |
| Felicity-Franklin Local SD |
|
Clermont |
|
1.52903530365890 |
| Field Local SD |
|
Portage |
|
1.25075619919269 |
| Findlay City SD |
|
Hancock |
|
1.34187673058970 |
| Finneytown Local SD |
|
Hamilton |
|
1.25811214852114 |
| Firelands Local SD |
|
Lorain |
|
1.27474833123824 |
| Forest Hills Local SD |
|
Hamilton |
|
1.09649616156492 |
| Fort Frye Local SD |
|
Washington |
|
1.43537811535156 |
| Fort Loramie Local SD |
|
Shelby |
|
1.32317520719380 |
| Fort Recovery Local SD |
|
Mercer |
|
1.34574582565514 |
| Fostoria City SD |
|
Seneca |
|
1.53824747839516 |
| Franklin City SD |
|
Warren |
|
1.40014000318357 |
| Franklin Local SD |
|
Muskingum |
|
1.50068569251994 |
| Franklin-Monroe Local SD |
|
Darke |
|
1.31740937162472 |
| Fredericktown Local SD |
|
Knox |
|
1.38453181235125 |
| Fremont City SD |
|
Sandusky |
|
1.44996450292466 |
| Frontier Local SD |
|
Washington |
|
1.53535453981975 |
| Gahanna-Jefferson City SD |
|
Franklin |
|
1.12062807996759 |
| Galion City SD |
|
Crawford |
|
1.46186408377590 |
| Gallia County Local SD |
|
Gallia |
|
1.37843949120302 |
| Gallipolis City SD |
|
Gallia |
|
1.42879451256901 |
| Garaway Local SD |
|
Tuscarawas |
|
1.38338962667883 |
| Garfield Heights City SD |
|
Cuyahoga |
|
1.47037813428889 |
| Geneva Area City SD |
|
Ashtabula |
|
1.42980373575442 |
| Genoa Area Local SD |
|
Ottawa |
|
1.30492934819837 |
| Georgetown Ex Vill SD |
|
Brown |
|
1.45049981190264 |
| Gibsonburg Ex Vill SD |
|
Sandusky |
|
1.41973899028890 |
| Girard City SD |
|
Trumbull |
|
1.45171569796094 |
| Gorham Fayette Local SD |
|
Fulton |
|
1.45276532074211 |
| Goshen Local SD |
|
Clermont |
|
1.45266475692510 |
| Graham Local SD |
|
Champaign |
|
1.32665933360426 |
| Grand Valley Local SD |
|
Ashtabula |
|
1.44443157404406 |
| Grandview Heights City SD |
|
Franklin |
|
1.05715174023419 |
| Granville Ex Vill SD |
|
Licking |
|
1.12546080485330 |
| Green Local SD |
|
Summit |
|
1.20914895485172 |
| Green Local SD |
|
Wayne |
|
1.29697586453035 |
| Green Local SD |
|
Scioto |
|
1.50061918101022 |
| Greeneview Local SD |
|
Greene |
|
1.30983820096443 |
| Greenfield Ex Vill SD |
|
Highland |
|
1.48867200730298 |
| Greenon Local SD |
|
Clark |
|
1.24819339722606 |
| Greenville City SD |
|
Darke |
|
1.39845027178583 |
| Groveport Madison Local SD |
|
Franklin |
|
1.42486561517981 |
| Hamilton City SD |
|
Butler |
|
1.50322080985444 |
| Hamilton Local SD |
|
Franklin |
|
1.50099180565206 |
| Hardin Northern Local SD |
|
Hardin |
|
1.33513845443379 |
| Hardin-Houston Local SD |
|
Shelby |
|
1.33024037937401 |
| Harrison Hills City SD |
|
Harrison |
|
1.48360210640209 |
| Heath City SD |
|
Licking |
|
1.37014207853392 |
| Hicksville Ex Vill SD |
|
Defiance |
|
1.42578343711423 |
| Highland Local SD |
|
Medina |
|
1.15462654956542 |
| Highland Local SD |
|
Morrow |
|
1.43674846694920 |
| Hilliard City SD |
|
Franklin |
|
1.15499737138687 |
| Hillsboro City SD |
|
Highland |
|
1.44784231719139 |
| Hillsdale Local SD |
|
Ashland |
|
1.36744039411471 |
| Holgate Local SD |
|
Henry |
|
1.45908573125797 |
| Hopewell-Loudon Local SD |
|
Seneca |
|
1.28701165411616 |
| Howland Local SD |
|
Trumbull |
|
1.19250395392728 |
| Hubbard Ex Vill SD |
|
Trumbull |
|
1.39953327733513 |
| Huber Heights City SD |
|
Montgomery |
|
1.36444690734240 |
| Hudson Local SD |
|
Summit |
|
1.03459304336645 |
| Huntington Local SD |
|
Ross |
|
1.53889299808252 |
| Huron City SD |
|
Erie |
|
1.14053143129847 |
| Independence Local SD |
|
Cuyahoga |
|
1.05784984319311 |
| Indian Creek Local SD |
|
Jefferson |
|
1.41771842988952 |
| Indian Hill Ex Vill SD |
|
Hamilton |
|
0.92406992241823 |
| Indian Lake Local SD |
|
Logan |
|
1.39541881854353 |
| Indian Valley Local SD |
|
Tuscarawas |
|
1.47381759991295 |
| Ironton City SD |
|
Lawrence |
|
1.50524548028105 |
| Jackson Center Local SD |
|
Shelby |
|
1.40358240379299 |
| Jackson City SD |
|
Jackson |
|
1.46178062136183 |
| Jackson Local SD |
|
Stark |
|
1.12101253666008 |
| Jackson-Milton Local SD |
|
Mahoning |
|
1.34696148443454 |
| James A. Garfield Local SD |
|
Portage |
|
1.40152604498374 |
| Jefferson Area Local SD |
|
Ashtabula |
|
1.41493866864379 |
| Jefferson Local SD |
|
Madison |
|
1.40148468543385 |
| Jefferson Township Local SD |
|
Montgomery |
|
1.57018385664522 |
| Jennings Local SD |
|
Putnam |
|
1.32558049330764 |
| Johnstown-Monroe Local SD |
|
Licking |
|
1.25523129741942 |
| Jonathan Alder Local SD |
|
Madison |
|
1.27929021176620 |
| Joseph Badger Local SD |
|
Trumbull |
|
1.39708420710346 |
| Kalida Local SD |
|
Putnam |
|
1.29369740054305 |
| Kelleys Island Local SD |
|
Erie |
|
1.08230502299516 |
| Kenston Local SD |
|
Geauga |
|
1.06287240007333 |
| Kent City SD |
|
Portage |
|
1.49729859506890 |
| Kenton City SD |
|
Hardin |
|
1.46729840654854 |
| Kettering City SD |
|
Montgomery |
|
1.24782418848630 |
| Keystone Local SD |
|
Lorain |
|
1.29017809063895 |
| Kings Local SD |
|
Warren |
|
1.12863174622437 |
| Kirtland Local SD |
|
Lake |
|
1.04620516114471 |
| La Brae Local SD |
|
Trumbull |
|
1.49647317761581 |
| Lake Local SD |
|
Stark |
|
1.25836714962696 |
| Lake Local SD |
|
Wood |
|
1.28628008451984 |
| Lakeview Local SD |
|
Trumbull |
|
1.23344387557478 |
| Lakewood City SD |
|
Cuyahoga |
|
1.30035140259187 |
| Lakewood Local SD |
|
Licking |
|
1.37664352289462 |
| Lakota Local SD |
|
Butler |
|
1.16253549078882 |
| Lakota Local SD |
|
Sandusky |
|
1.45821728366788 |
| Lancaster City SD |
|
Fairfield |
|
1.40000480601313 |
| Lebanon City SD |
|
Warren |
|
1.24243768869632 |
| Ledgemont Local SD |
|
Geauga |
|
1.28251430910369 |
| Leetonia Ex Vill SD |
|
Columbiana |
|
1.47419919132852 |
| Leipsic Local SD |
|
Putnam |
|
1.48401763299302 |
| Lexington Local SD |
|
Richland |
|
1.23861187034631 |
| Liberty Benton Local SD |
|
Hancock |
|
1.25251792602453 |
| Liberty Center Local SD |
|
Henry |
|
1.33874295127239 |
| Liberty Local SD |
|
Trumbull |
|
1.35494329580515 |
| Liberty Union-Thurston Local SD |
|
Fairfield |
|
1.31461315587788 |
| Licking Heights Local SD |
|
Licking |
|
1.30052530524400 |
| Licking Valley Local SD |
|
Licking |
|
1.42974069158643 |
| Lima City SD |
|
Allen |
|
1.60649936578338 |
| Lincolnview Local SD |
|
Van Wert |
|
1.41723212774063 |
| Lisbon Ex Vill SD |
|
Columbiana |
|
1.46864084437860 |
| Little Miami Local SD |
|
Warren |
|
1.19556638334455 |
| Lockland City SD |
|
Hamilton |
|
1.50045983329169 |
| Logan Elm Local SD |
|
Pickaway |
|
1.30665345651578 |
| Logan-Hocking Local SD |
|
Hocking |
|
1.47983166679027 |
| London City SD |
|
Madison |
|
1.38084828535402 |
| Lorain City SD |
|
Lorain |
|
1.61256677660609 |
| Lordstown Local SD |
|
Trumbull |
|
1.23128931208007 |
| Loudonville-Perrysville Ex Vill |
|
Ashland |
|
1.42841823327191 |
| Louisville City SD |
|
Stark |
|
1.30559677642750 |
| Loveland City SD |
|
Hamilton |
|
1.13582901010035 |
| Lowellville Local SD |
|
Mahoning |
|
1.41486390678796 |
| Lucas Local SD |
|
Richland |
|
1.31178011603497 |
| Lynchburg-Clay Local SD |
|
Highland |
|
1.45755733882412 |
| Mad River Local SD |
|
Montgomery |
|
1.49973777649270 |
| Madeira City SD |
|
Hamilton |
|
1.07899517333408 |
| Madison Local SD |
|
Butler |
|
1.31044343462609 |
| Madison Local SD |
|
Lake |
|
1.39133776676901 |
| Madison Local SD |
|
Richland |
|
1.45647798777116 |
| Madison-Plains Local SD |
|
Madison |
|
1.30694510304857 |
| Manchester Local SD |
|
Summit |
|
1.25884906723888 |
| Manchester Local SD |
|
Adams |
|
1.31578004997000 |
| Mansfield City SD |
|
Richland |
|
1.55542960557540 |
| Maple Heights City SD |
|
Cuyahoga |
|
1.50471719453901 |
| Mapleton Local SD |
|
Ashland |
|
1.43200231858381 |
| Maplewood Local SD |
|
Trumbull |
|
1.41857425536058 |
| Margaretta Local SD |
|
Erie |
|
1.29523469031687 |
| Mariemont City SD |
|
Hamilton |
|
1.06110876511185 |
| Marietta City SD |
|
Washington |
|
1.35176636066394 |
| Marion City SD |
|
Marion |
|
1.55376555932893 |
| Marion Local SD |
|
Mercer |
|
1.34951343622925 |
| Marlington Local SD |
|
Stark |
|
1.37678852578012 |
| Martins Ferry City SD |
|
Belmont |
|
1.61233842372056 |
| Marysville Ex Vill SD |
|
Union |
|
1.27445748535558 |
| Mason City SD |
|
Warren |
|
1.16306909348840 |
| Massillon City SD |
|
Stark |
|
1.48702260687656 |
| Mathews Local SD |
|
Trumbull |
|
1.23252658370017 |
| Maumee City SD |
|
Lucas |
|
1.18955061610873 |
| Mayfield City SD |
|
Cuyahoga |
|
1.02517998195582 |
| Maysville Local SD |
|
Muskingum |
|
1.50385434050518 |
| McComb Local SD |
|
Hancock |
|
1.41233357149632 |
| McDonald Local SD |
|
Trumbull |
|
1.39428909954499 |
| Mechanicsburg Ex Vill SD |
|
Champaign |
|
1.33832384908865 |
| Medina City SD |
|
Medina |
|
1.18066025337530 |
| Meigs Local SD |
|
Meigs |
|
1.57970287109533 |
| Mentor Ex Vill SD |
|
Lake |
|
1.15510863440019 |
| Miami East Local SD |
|
Miami |
|
1.27980839642415 |
| Miami Trace Local SD |
|
Fayette |
|
1.41269619039896 |
| Miamisburg City SD |
|
Montgomery |
|
1.31945929552668 |
| Middletown City SD |
|
Butler |
|
1.49384833319230 |
| Midview Local SD |
|
Lorain |
|
1.28428970303335 |
| Milford Ex Vill SD |
|
Clermont |
|
1.19618209377345 |
| Millcreek-West Unity Local SD |
|
Williams |
|
1.47576126314099 |
| Miller City-New Cleveland Local SD |
|
Putnam |
|
1.33443263163743 |
| Milton-Union Ex Vill SD |
|
Miami |
|
1.40270169080301 |
| Minerva Local SD |
|
Stark |
|
1.44612050505363 |
| Minford Local SD |
|
Scioto |
|
1.47969204555607 |
| Minster Local SD |
|
Auglaize |
|
1.25565264187320 |
| Mississinawa Valley Local SD |
|
Darke |
|
1.49728843160629 |
| Mogadore Local SD |
|
Summit |
|
1.27173514637847 |
| Mohawk Local SD |
|
Wyandot |
|
1.30975547108812 |
| Monroe Local SD |
|
Butler |
|
1.13602266308716 |
| Monroeville Local SD |
|
Huron |
|
1.30062077836075 |
| Montpelier Ex Vill SD |
|
Williams |
|
1.46413635784012 |
| Morgan Local SD |
|
Morgan |
|
1.50275119196326 |
| Mount Gilead Ex Vill SD |
|
Morrow |
|
1.42086131087090 |
| Mount Healthy City SD |
|
Hamilton |
|
1.52315767768570 |
| Mount Vernon City SD |
|
Knox |
|
1.40884636653792 |
| Napoleon City SD |
|
Henry |
|
1.40455886661965 |
| National Trail Local SD |
|
Preble |
|
1.46139017182383 |
| Nelsonville-York City SD |
|
Athens |
|
1.54092941711638 |
| New Albany-Plain Local SD |
|
Franklin |
|
1.03377201962010 |
| New Boston Local SD |
|
Scioto |
|
1.59789891678054 |
| New Bremen Local SD |
|
Auglaize |
|
1.28580647759066 |
| New Knoxville Local SD |
|
Auglaize |
|
1.30763943696637 |
| New Lebanon Local SD |
|
Montgomery |
|
1.44031003765327 |
| New Lexington City SD |
|
Perry |
|
1.52873428529166 |
| New London Local SD |
|
Huron |
|
1.45140415440656 |
| New Miami Local SD |
|
Butler |
|
1.56431878470740 |
| New Philadelphia City SD |
|
Tuscarawas |
|
1.40271079105552 |
| New Richmond Ex Vill SD |
|
Clermont |
|
1.34813366047689 |
| New Riegel Local SD |
|
Seneca |
|
1.35036999047471 |
| Newark City SD |
|
Licking |
|
1.44467081345443 |
| Newbury Local SD |
|
Geauga |
|
1.13442375000143 |
| Newcomerstown Ex Vill SD |
|
Tuscarawas |
|
1.52053086693829 |
| Newton Falls Ex Vill SD |
|
Trumbull |
|
1.42869237226506 |
| Newton Local SD |
|
Miami |
|
1.31981070088781 |
| Niles City SD |
|
Trumbull |
|
1.45763500208460 |
| Noble Local SD |
|
Noble |
|
1.46319900869326 |
| Nordonia Hills City SD |
|
Summit |
|
1.11980000205486 |
| North Baltimore Local SD |
|
Wood |
|
1.42022606589024 |
| North Canton City SD |
|
Stark |
|
1.17706377052912 |
| North Central Local SD |
|
Wayne |
|
1.40456579814660 |
| North Central Local SD |
|
Williams |
|
1.44470998692728 |
| North College Hill City SD |
|
Hamilton |
|
1.51479081294116 |
| North Fork Local SD |
|
Licking |
|
1.40936916155681 |
| North Olmsted City SD |
|
Cuyahoga |
|
1.26762567636982 |
| North Ridgeville City SD |
|
Lorain |
|
1.23784735736884 |
| North Royalton City SD |
|
Cuyahoga |
|
1.13055382348273 |
| North Union Local SD |
|
Union |
|
1.44378179489146 |
| Northeastern Local SD |
|
Defiance |
|
1.27166476944818 |
| Northeastern Local SD |
|
Clark |
|
1.27698255868997 |
| Northern Local SD |
|
Perry |
|
1.44327611303190 |
| Northmont City SD |
|
Montgomery |
|
1.25126708734838 |
| Northmor Local SD |
|
Morrow |
|
1.41909513128927 |
| Northridge Local SD |
|
Licking |
|
1.30898249532764 |
| Northridge Local SD |
|
Montgomery |
|
1.51938683969556 |
| Northwest Local SD |
|
Hamilton |
|
1.31763010344235 |
| Northwest Local SD |
|
Stark |
|
1.36310223997416 |
| Northwest Local SD |
|
Scioto |
|
1.57225373978038 |
| Northwestern Local SD |
|
Clark |
|
1.28159449488714 |
| Northwestern Local SD |
|
Wayne |
|
1.46350375566228 |
| Northwood Local SD |
|
Wood |
|
1.38665937013933 |
| Norton City SD |
|
Summit |
|
1.26624812000846 |
| Norwalk City SD |
|
Huron |
|
1.42526140794601 |
| Norwood City SD |
|
Hamilton |
|
1.43042280433679 |
| Oak Hill Union Local SD |
|
Jackson |
|
1.50136392136325 |
| Oak Hills Local SD |
|
Hamilton |
|
1.20645681283487 |
| Oakwood City SD |
|
Montgomery |
|
1.05550139486519 |
| Oberlin City SD |
|
Lorain |
|
1.36363038835065 |
| Ohio Valley Local SD |
|
Adams |
|
1.53899528176444 |
| Old Fort Local SD |
|
Seneca |
|
1.31570055515559 |
| Olentangy Local SD |
|
Delaware |
|
1.04410931955603 |
| Olmsted Falls City SD |
|
Cuyahoga |
|
1.21501275804368 |
| Ontario Local SD |
|
Richland |
|
1.21668786865445 |
| Orange City SD |
|
Cuyahoga |
|
0.92224563202400 |
| Oregon City SD |
|
Lucas |
|
1.36117922231253 |
| Orrville City SD |
|
Wayne |
|
1.40594049629586 |
| Osnaburg Local SD |
|
Stark |
|
1.32482904274894 |
| Otsego Local SD |
|
Wood |
|
1.27552792448191 |
| Ottawa Hills Local SD |
|
Lucas |
|
0.96518450479310 |
| Ottawa-Glandorf Local SD |
|
Putnam |
|
1.28891369029830 |
| Ottoville Local SD |
|
Putnam |
|
1.31873535364125 |
| Painsville City Local SD |
|
Lake |
|
1.57785063117407 |
| Painsville Township Local SD |
|
Lake |
|
1.17226189126569 |
| Paint Valley Local SD |
|
Ross |
|
1.48710332585820 |
| Pandora-Gilboa Local SD |
|
Putnam |
|
1.29649111368511 |
| Parkway Local SD |
|
Mercer |
|
1.42618026901591 |
| Parma City SD |
|
Cuyahoga |
|
1.31753144270117 |
| Patrick Henry Local SD |
|
Henry |
|
1.42802395254931 |
| Paulding Ex Vill SD |
|
Paulding |
|
1.43087043609773 |
| Perkins Local SD |
|
Erie |
|
1.20405000776929 |
| Perry Local SD |
|
Lake |
|
1.21475048763876 |
| Perry Local SD |
|
Stark |
|
1.36564162902254 |
| Perry Local SD |
|
Allen |
|
1.48987162794805 |
| Perrysburg Ex Vill SD |
|
Wood |
|
1.12255971816278 |
| Pettisville Local SD |
|
Fulton |
|
1.30583691497713 |
| Pickerington Local SD |
|
Fairfield |
|
1.22167321946178 |
| Pike-Delta-York Local SD |
|
Fulton |
|
1.40955998424456 |
| Piqua City SD |
|
Miami |
|
1.44421091113277 |
| Plain Local SD |
|
Stark |
|
1.30265245808387 |
| Pleasant Local SD |
|
Marion |
|
1.25276916800899 |
| Plymouth-Shiloh Local SD |
|
Richland |
|
1.52895216663444 |
| Poland Local SD |
|
Mahoning |
|
1.16502381899213 |
| Port Clinton City SD |
|
Ottawa |
|
1.26486787996629 |
| Portsmouth City SD |
|
Scioto |
|
1.56048277844082 |
| Preble-Shawnee Local SD |
|
Preble |
|
1.44186406812072 |
| Princeton City SD |
|
Hamilton |
|
1.20121434958457 |
| Put-In-Bay Local SD |
|
Ottawa |
|
1.04982580391402 |
| Pymatuning Valley Local SD |
|
Ashtabula |
|
1.48305328295089 |
| Ravenna City SD |
|
Portage |
|
1.45005558684007 |
| Reading Community City SD |
|
Hamilton |
|
1.34673980809425 |
| Revere Local SD |
|
Summit |
|
0.97673848343844 |
| Reynoldsburg City SD |
|
Franklin |
|
1.35946840057837 |
| Richmond Heights Local SD |
|
Cuyahoga |
|
1.18869066718261 |
| Ridgedale Local SD |
|
Marion |
|
1.41774708161996 |
| Ridgemont Local SD |
|
Hardin |
|
1.42901565812017 |
| Ridgewood Local SD |
|
Coshocton |
|
1.48577995002241 |
| Ripley-Union-Lewis Local SD |
|
Brown |
|
1.50552194434714 |
| Rittman Ex Vill SD |
|
Wayne |
|
1.46714026012185 |
| River Valley Local SD |
|
Marion |
|
1.35284724055792 |
| River View Local SD |
|
Coshocton |
|
1.44977923243954 |
| Riverdale Local SD |
|
Hardin |
|
1.44101435178682 |
| Riverside Local SD |
|
Logan |
|
1.45108428664792 |
| Rock Hill Local SD |
|
Lawrence |
|
1.58124485632057 |
| Rocky River City SD |
|
Cuyahoga |
|
1.00746775805733 |
| Rolling Hills Local SD |
|
Guernsey |
|
1.50552690971033 |
| Rootstown Local SD |
|
Portage |
|
1.27436263449976 |
| Ross Local SD |
|
Butler |
|
1.28739410491976 |
| Rossford Ex Vill SD |
|
Wood |
|
1.29930042159072 |
| Russia Local SD |
|
Shelby |
|
1.32787420753985 |
| Salem City SD |
|
Columbiana |
|
1.39832517893728 |
| Sandusky City SD |
|
Erie |
|
1.50784543597818 |
| Sandy Valley Local SD |
|
Stark |
|
1.45202201956798 |
| Scioto Valley Local SD |
|
Pike |
|
1.50280403385752 |
| Sebring Local SD |
|
Mahoning |
|
1.48214570379974 |
| Seneca East Local SD |
|
Seneca |
|
1.32833485358350 |
| Shadyside Local SD |
|
Belmont |
|
1.38725285800421 |
| Shaker Heights City SD |
|
Cuyahoga |
|
1.11613519343228 |
| Shawnee Local SD |
|
Allen |
|
1.20540692267392 |
| Sheffield-Sheffield Lake City SD |
|
Lorain |
|
1.34958548778537 |
| Shelby City SD |
|
Richland |
|
1.43593597980319 |
| Sidney City SD |
|
Shelby |
|
1.42960538545388 |
| Solon City SD |
|
Cuyahoga |
|
1.06998714717343 |
| South Central Local SD |
|
Huron |
|
1.47338765061532 |
| South Euclid-Lyndhurst City |
|
Cuyahoga |
|
1.20584690807365 |
| South Point Local SD |
|
Lawrence |
|
1.50762846775871 |
| South Range Local SD |
|
Mahoning |
|
1.26423062462303 |
| Southeast Local SD |
|
Portage |
|
1.33365023559197 |
| Southeast Local SD |
|
Wayne |
|
1.40040430835532 |
| Southeastern Local SD |
|
Clark |
|
1.32415318035004 |
| Southeastern Local SD |
|
Ross |
|
1.49028938210905 |
| Southern Local SD |
|
Columbiana |
|
1.52275649828426 |
| Southern Local SD |
|
Meigs |
|
1.54826401799243 |
| Southern Local SD |
|
Perry |
|
1.58755846440978 |
| Southington Local SD |
|
Trumbull |
|
1.32326257762160 |
| Southwest Licking Local SD |
|
Licking |
|
1.25254571293431 |
| Southwest Local SD |
|
Hamilton |
|
1.28617672507260 |
| South-Western City SD |
|
Franklin |
|
1.46004010438826 |
| Spencerville Local SD |
|
Allen |
|
1.41233609047827 |
| Springboro Community City SD |
|
Warren |
|
1.14581585982772 |
| Springfield City SD |
|
Clark |
|
1.54970476494903 |
| Springfield Local SD |
|
Lucas |
|
1.26983889925260 |
| Springfield Local SD |
|
Mahoning |
|
1.36925886388047 |
| Springfield Local SD |
|
Summit |
|
1.41847666334604 |
| St Bernard-Elmwood Place City SD |
|
Hamilton |
|
1.48193724951365 |
| St Clairsville-Richland City |
|
Belmont |
|
1.39072135466141 |
| St Henry Consolidated Local SD |
|
Mercer |
|
1.33575987450919 |
| St Marys City SD |
|
Auglaize |
|
1.31118051676534 |
| Steubenville City SD |
|
Jefferson |
|
1.49696082394872 |
| Stow-Munroe Falls City SD |
|
Summit |
|
1.16232687239334 |
| Strasburg-Franklin Local SD |
|
Tuscarawas |
|
1.30937739421464 |
| Streetsboro City SD |
|
Portage |
|
1.22334778770430 |
| Strongsville City SD |
|
Cuyahoga |
|
1.12632597104234 |
| Struthers City SD |
|
Mahoning |
|
1.52293037746619 |
| Stryker Local SD |
|
Williams |
|
1.33474967324778 |
| Sugarcreek Local SD |
|
Greene |
|
1.12911516415192 |
| Swanton Local SD |
|
Fulton |
|
1.26789917263553 |
| Switzerland of Ohio Local SD |
|
Monroe |
|
1.49527555087764 |
| Sycamore Community City SD |
|
Hamilton |
|
0.96739912140113 |
| Sylvania City SD |
|
Lucas |
|
1.09972533003734 |
| Symmes Valley Local SD |
|
Lawrence |
|
1.53428834115267 |
| Talawanda City SD |
|
Butler |
|
1.30997369297992 |
| Tallmadge City SD |
|
Summit |
|
1.22180777059873 |
| Teays Valley Local SD |
|
Pickaway |
|
1.32560958783351 |
| Tecumseh Local SD |
|
Clark |
|
1.43446215693432 |
| Three Rivers Local SD |
|
Hamilton |
|
1.18861501638264 |
| Tiffin City SD |
|
Seneca |
|
1.38014461375719 |
| Tipp City Ex Vill SD |
|
Miami |
|
1.24135129388559 |
| Toledo City SD |
|
Lucas |
|
1.49033200834745 |
| Toronto City SD |
|
Jefferson |
|
1.47620866537342 |
| Triad Local SD |
|
Champaign |
|
1.34419530335349 |
| Tri-County North Local SD |
|
Preble |
|
1.40139434101787 |
| Trimble Local SD |
|
Athens |
|
1.59517634407425 |
| Tri-Valley Local SD |
|
Muskingum |
|
1.41560344458979 |
| Tri-Village Local SD |
|
Darke |
|
1.44224454152257 |
| Triway Local SD |
|
Wayne |
|
1.37996561753832 |
| Trotwood-Madison City SD |
|
Montgomery |
|
1.53053787443886 |
| Troy City SD |
|
Miami |
|
1.33347889555835 |
| Tuscarawas Valley Local SD |
|
Tuscarawas |
|
1.29245096700620 |
| Tuslaw Local SD |
|
Stark |
|
1.31240470833757 |
| Twin Valley Community Local SD |
|
Preble |
|
1.32154433472104 |
| Twinsburg City SD |
|
Summit |
|
1.13990040285881 |
| Union Local SD |
|
Belmont |
|
1.45398996155402 |
| Union Scioto Local SD |
|
Ross |
|
1.43617724025422 |
| United Local SD |
|
Columbiana |
|
1.43312947819727 |
| Upper Arlington City SD |
|
Franklin |
|
0.91478908109031 |
| Upper Sandusky Ex Vill SD |
|
Wyandot |
|
1.39426316670500 |
| Upper Scioto Valley Local SD |
|
Hardin |
|
1.45105683588911 |
| Urbana City SD |
|
Champaign |
|
1.43415176824251 |
| Valley Local SD |
|
Scioto |
|
1.52632129567212 |
| Valley View Local SD |
|
Montgomery |
|
1.29278246657511 |
| Van Buren Local SD |
|
Hancock |
|
1.18080317965535 |
| Van Wert City SD |
|
Van Wert |
|
1.42015258130739 |
| Vandalia-Butler City SD |
|
Montgomery |
|
1.17596271856827 |
| Vanlue Local SD |
|
Hancock |
|
1.32105650897466 |
| Vermilion Local SD |
|
Erie |
|
1.32242988021023 |
| Versailles Ex Vill SD |
|
Darke |
|
1.32812565074277 |
| Vinton County Local SD |
|
Vinton |
|
1.57627143140618 |
| Wadsworth City SD |
|
Medina |
|
1.45110529213587 |
| Walnut Township Local SD |
|
Fairfield |
|
1.38733610024679 |
| Wapakoneta City SD |
|
Auglaize |
|
1.39739180670099 |
| Warren City SD |
|
Trumbull |
|
1.54932096511622 |
| Warren Local SD |
|
Washington |
|
1.41011840742609 |
| Warrensville Heights City SD |
|
Cuyahoga |
|
1.45748742741098 |
| Washington Court House City SD |
|
Fayette |
|
1.45462307240112 |
| Washington Local SD |
|
Lucas |
|
1.38917045929774 |
| Washington-Nile Local SD |
|
Scioto |
|
1.52477636502775 |
| Waterloo Local SD |
|
Portage |
|
1.31264361568002 |
| Wauseon Ex Vill SD |
|
Fulton |
|
1.41213989555580 |
| Waverly City SD |
|
Pike |
|
1.44793155618693 |
| Wayne Local SD |
|
Warren |
|
1.24168511826871 |
| Wayne Trace Local SD |
|
Paulding |
|
1.44393816370902 |
| Waynesfield-Goshen Local SD |
|
Auglaize |
|
1.35111839431615 |
| Weathersfield Local SD |
|
Trumbull |
|
1.38805680457379 |
| Wellington Ex Vill SD |
|
Lorain |
|
1.40211610790239 |
| Wellston City SD |
|
Jackson |
|
1.54065269674323 |
| Wellsville Local SD |
|
Columbiana |
|
1.55452674940466 |
| West Branch Local SD |
|
Mahoning |
|
1.41033954145976 |
| West Carrollton City SD |
|
Montgomery |
|
1.40590584747126 |
| West Clermont Local SD |
|
Clermont |
|
1.24566121784444 |
| West Geauga Local SD |
|
Geauga |
|
1.03255853962337 |
| West Holmes Local SD |
|
Holmes |
|
1.43219922636759 |
| West Liberty-Salem Local SD |
|
Champaign |
|
1.30990916229660 |
| West Muskingum Local SD |
|
Muskingum |
|
1.34712100121841 |
| Western Brown Local SD |
|
Brown |
|
1.48608643643912 |
| Western Local SD |
|
Pike |
|
1.60488600233136 |
| Western Reserve Local SD |
|
Mahoning |
|
1.28299148776626 |
| Western Reserve Local SD |
|
Huron |
|
1.42301032839121 |
| Westerville City SD |
|
Franklin |
|
1.14922362470245 |
| Westfall Local SD |
|
Pickaway |
|
1.42988569748827 |
| Westlake City SD |
|
Cuyahoga |
|
0.98710108402476 |
| Wheelersburg Local SD |
|
Scioto |
|
1.42066089726885 |
| Whitehall City SD |
|
Franklin |
|
1.54117797859475 |
| Wickliffe City SD |
|
Lake |
|
1.19193306724392 |
| Willard City SD |
|
Huron |
|
1.48714752265980 |
| Williamsburg Local SD |
|
Clermont |
|
1.40792373294414 |
| Willoughby-Eastlake City SD |
|
Lake |
|
1.28448462172170 |
| Wilmington City SD |
|
Clinton |
|
1.38455571162358 |
| Windham Ex Vill SD |
|
Portage |
|
1.57843284700073 |
| Winton Woods City SD |
|
Hamilton |
|
1.32308474872446 |
| Wolf Creek Local SD |
|
Washington |
|
1.37312081471354 |
| Woodmore Local SD |
|
Sandusky |
|
1.27254143831618 |
| Woodridge Local SD |
|
Summit |
|
1.15280513379223 |
| Wooster City SD |
|
Wayne |
|
1.35726343685029 |
| Worthington City SD |
|
Franklin |
|
1.06916446579514 |
| Wynford Local SD |
|
Crawford |
|
1.41563195385499 |
| Wyoming City SD |
|
Hamilton |
|
1.03473001065689 |
| Xenia Community City SD |
|
Greene |
|
1.40900536951839 |
| Yellow Springs Ex Vill SD |
|
Greene |
|
1.14540943043323 |
| Youngstown City SD |
|
Mahoning |
|
1.63953181371287 |
| Zane Trace Local SD |
|
Ross |
|
1.40251704114754 |
| Zanesville City SD |
|
Muskingum |
|
1.52554841594022 |
Sec. 3306.06. (A) The additional services support component
of the adequacy amount for each city, local, and exempted village
school district is the sum of the following:
(1) The student support staff factor;
(2) The counselor factor;
(3) The summer remediation factor;
(4) The school nurse factor;
(5) The registered nurse factor.
(B)(1) The student support staff factor shall be calculated
by multiplying the school district's formula ADM times its
targeted poverty indicator and dividing the product by
seventy-five, and then multiplying the quotient by $38,633 in
fiscal year 2010 and $39,381 in fiscal year 2011.
(2) The counselor factor shall be calculated by dividing the
district's formula ADM for grades six to twelve by two hundred
fifty, and then multiplying the quotient by $66,375 in fiscal year
2010 and $67,660 in fiscal year 2011.
(3) The summer remediation program factor shall be calculated
by multiplying the district's formula ADM times its targeted
poverty indicator times fifty per cent, which represents the
anticipated participation rate, dividing that product by thirty,
which is the assumed student-to-teacher ratio for summer
remediation, and multiplying that quotient by $3,000.
(4) The school nurse factor shall be calculated by
multiplying the number of the district's organizational units
times $28,009 in fiscal year 2010 and $28,551 in fiscal year 2011,
except that in a small school district, the school nurse factor
shall be zero.
(5) The registered nurse factor for each district equals
$51,407 in fiscal year 2010 and $52,402 in fiscal year 2011.
(C) Each school district shall account separately for
expenditures of the amounts received for additional services
support under this section and report that information to the
department of education.
Sec. 3306.07. (A) The administrative services support
component of the adequacy amount for each city, local, and
exempted village school district is the sum of the following:
(1) The superintendent factor;
(2) The treasurer factor;
(3) The principal factor;
(4) The administrative support personnel factor.
(B)(1) The superintendent factor equals $108,758 in fiscal
year 2010 and $110,864 in fiscal year 2011.
(2) The treasurer factor equals $78,418 in fiscal year 2010
and $79,937 in fiscal year 2011.
(3) The principal factor shall be calculated by multiplying
the number of the district's organizational units times $89,563 in
fiscal year 2010 and $91,297 in fiscal year 2011.
(4) The administrative support personnel factor is funding
determined for building managers, secretaries, and
noninstructional aides.
(a) The funding for building managers shall be calculated by
multiplying $33,624 in fiscal year 2010 and $34,275 in fiscal year
2011 times the number of the district's organizational units.
(b) The funding for secretaries shall be calculated by
multiplying $33,624 in fiscal year 2010 and $34,275 in fiscal year
2011 times the number of the district's organizational units,
where two additional secretaries shall be funded for each high
school organizational unit.
(c) The funding for noninstructional aides shall be
calculated by multiplying $19,966 in fiscal year 2010 and $20,353
in fiscal year 2011 times the number of the district's
organizational units, where the organizational units are
multiplied by two in the case of elementary school and middle
school organizational units and by three in case of high school
organizational units.
However, each small school district shall receive funding for
one building manager, one secretary, and one noninstructional
aide.
(C) The superintendent factor and the treasurer factor for
each city, local, and exempted village school district, except the
Cleveland municipal school district, shall be adjusted by
multiplying the calculated amount by 0.25 in fiscal years 2010 and
2011, by 0.5 in fiscal years 2012 and 2013, and by 0.75 in fiscal
years 2014 and 2015.
(D) Each school district shall account separately for the
amounts received for administrative services support under this
section and report that information to the department of
education.
Sec. 3306.08. (A) The operations and maintenance support
component of the adequacy amount for each city, local, and
exempted village school district shall be calculated by
multiplying the district's formula ADM times $902.
(B) The operations and maintenance support for each city,
local, and exempted village school district, except the Cleveland
municipal school district, shall be adjusted by multiplying the
calculated amount by 0.25 in fiscal years 2010 and 2011, by 0.5 in
fiscal years 2012 and 2013, and by 0.75 in fiscal years 2014 and
2015.
(C) Each school district shall account separately for
expenditures of the amounts received for operations and
maintenance support under this section and report that information
to the department of education.
Sec. 3306.09. (A) The gifted education support component of
the adequacy amount for each city, local, and exempted village
school district shall be calculated by multiplying the district's
formula ADM times $25.
(B) Each school district shall spend the entire gifted
education support component to provide instruction, activities,
materials, and supplies for students identified as gifted under
Chapter 3324. of the Revised Code.
(C) The enrichment support component of the adequacy amount
for each city, local, and exempted village school district shall
be calculated by multiplying the district's formula ADM times
$200.
(D) The enrichment support for each city, local, and exempted
village school district, except the Cleveland municipal school
district, shall be adjusted by multiplying the calculated amount
by 0.25 in fiscal years 2010 and 2011, by 0.5 in fiscal years 2012
and 2013, and by 0.75 in fiscal years 2014 and 2015.
(E) A district may spend enrichment support to pay for
enrichment activities that may encourage the intellectual pursuits
of all students, including postsecondary courses pursuant to
agreements established under rules adopted under section 3365.12
of the Revised Code, advanced placement opportunities, and other
resources, or to provide instruction, activities, materials, and
supplies for students identified as gifted under Chapter 3324. of
the Revised Code.
(F) Each school district shall account separately for
expenditures of the amounts received for gifted education support
and enrichment support under this section and report that
information to the department of education.
Sec. 3306.10. (A) The technology resources support component
of the adequacy amount for each city, local, and exempted village
school district is the sum of the following:
(1) The media services factor;
(2) The technical equipment factor.
(B)(1) The media services factor shall be calculated by
multiplying the number of the district's organizational units
times $60,000.
(2) The technical equipment factor shall be calculated by
multiplying the district's formula ADM times $250.
(C) The media services factor and the technical equipment
factor for each city, local, and exempted village school district,
except the Cleveland municipal school district, shall be adjusted
by multiplying the calculated amounts by 0.25 in fiscal years 2010
and 2011, by 0.5 in fiscal years 2012 and 2013, and by 0.75 in
fiscal years 2014 and 2015.
(D) Each school district shall account separately for the
amounts received for technology resources support under this
section and report that information to the department of
education.
Sec. 3306.11. (A) For the purpose of calculating a school
district's instructional services support under section 3306.05 of
the Revised Code, the number of special education teacher
positions used in calculating the special education teacher
factor, and the number of special education teacher's aide
positions used in calculating the special education teacher's aide
factor shall be calculated as set forth in this section.
(B)(1) The number of special education teacher positions
shall be calculated by multiplying the sum of the weighted number
of children with disabilities calculated under division (C) of
this section times nine-tenths, and then dividing that product by
twenty.
(2) The number of special education teacher's aide positions
shall be calculated by dividing the number of special education
teacher positions calculated under division (B)(1) of this section
by two.
(C) The weighted number of children with disabilities for a
school district is the sum of:
(1) 0.2906 times the district's category one special
education ADM;
(2) 0.3613 times the district's category two special
education ADM;
(3) 1.7809 times the district's category three special
education ADM;
(4) 2.3143 times the district's category four special
education ADM;
(5) 3.5071 times the district's category five special
education ADM;
(6) 5.3543 times the district's category six special
education ADM.
(D) Each school district shall account separately for
expenditures of the amounts received for resources for children
with disabilities under this section and section 3306.05 of the
Revised Code and report that information to the department of
education.
Sec. 3306.12. (A) As used in this section:
(1) "Assigned bus" means a school bus used to transport
qualifying riders.
(2) "Nontraditional ridership" means the average number of
qualifying riders who are enrolled in a community school
established under Chapter 3314. of the Revised Code, in a STEM
school established under Chapter 3326. of the Revised Code, or in
a nonpublic school and are provided school bus service by a school
district during the first full week of October.
(3) "Qualifying riders" means resident students enrolled in
regular education in
grades kindergarten to twelve who are
provided school bus service
by a school district and who live
more than one mile from the
school they attend, including
students with dual enrollment in a
joint vocational school
district or a cooperative education school
district, and students
enrolled in a community school, STEM
school, or nonpublic school.
(4) "Qualifying ridership" means the average number of
qualifying riders who are provided school bus service by a school
district during the first full week of October.
(5) "Rider density" means the number of qualifying riders per
square mile of a school district.
(6) "School bus service" means a school district's
transportation of qualifying riders in any of the following types
of vehicles:
(a) School buses owned or leased by the district;
(b) School buses operated by a private contractor hired by
the district;
(c) School buses operated by another school district or
entity with which the district has contracted, either as part of a
consortium for the provision of transportation or otherwise.
(B) Not later than the fifteenth day of October each year,
each city, local, and exempted village school district shall
report to the department of education its qualifying
ridership,
nontraditional ridership, number of qualifying riders
per
assigned bus, and any other information requested by the
department. Subsequent adjustments to the reported numbers shall
be made only in accordance with rules adopted by the department.
(C) The department shall calculate the statewide
transportation cost per student as follows:
(1) Determine each city, local, and exempted village school
district's transportation cost per
student by dividing the
district's total costs for school bus
service in the previous
fiscal year by its qualifying ridership in
the previous fiscal
year.
(2) After excluding districts that do not provide school bus
service and the ten districts with the highest
transportation
costs per student and the ten districts with the
lowest
transportation costs per student, divide the aggregate cost
for
school bus service for the remaining districts in the previous
fiscal year by the aggregate qualifying ridership of those
districts in the previous fiscal year.
(D) The department shall calculate the statewide
transportation cost per mile as follows:
(1) Determine each city, local, and exempted village school
district's transportation cost per
mile by dividing the
district's total costs for school bus service
in the previous
fiscal year by its total number of miles driven
for school bus
service in the previous fiscal year.
(2) After excluding districts that do not provide school bus
service and the ten districts with the highest
transportation
costs per mile and the ten districts with the
lowest
transportation costs per mile, divide the aggregate cost
for
school bus service for the remaining districts in the previous
fiscal year by the aggregate miles driven for school bus service
in those districts in the previous fiscal year.
(E) The department shall calculate each city, local, and
exempted village school district's
transportation base payment as
follows:
(1) Multiply the statewide transportation cost per student by
the district's qualifying ridership for the current fiscal year.
(2) Multiply the statewide transportation cost per mile by
the district's total number of miles driven for school bus service
in the current fiscal year.
(3) Multiply the greater of the amounts calculated under
divisions (E)(1) and (2) of this section by the greater of
sixty
per cent or the district's state share percentage.
(F) The department shall calculate each city, local, and
exempted village school district's
nontraditional ridership
adjustment according to the following
formula:
(G) If a city, local, and exempted village school district
offers school bus service to all
resident students who are
enrolled in regular education in
district schools in grades nine
to twelve and who live more than
one mile from the school they
attend, the department shall
calculate the district's high school
ridership adjustment
according to the following formula:
(H) If a city, local, and exempted village school district
offers school bus service to
students enrolled in grades
kindergarten to eight who live more
than one mile, but two miles
or less, from the school they attend,
the department shall
calculate an additional adjustment according
to the following
formula:
(I)(1) The department annually shall establish a target
number of qualifying riders per assigned bus for each city, local,
and exempted village school
district. The department shall use
the most recently available data in establishing the target
number. The target number shall be
based on the statewide median
number of qualifying riders per
assigned bus as adjusted to
reflect the district's rider density
in comparison to the rider
density of all other districts. The
department shall post on the
department's web site each district's
target number of qualifying
riders per assigned bus and a
description of how the target
number was determined.
(2) The department shall determine each school district's
efficiency index by dividing the district's median number of
qualifying riders per assigned bus by
its target number of
qualifying riders per assigned bus.
(3) The department shall determine each city, local, and
exempted village school district's
efficiency adjustment as
follows:
(a) If the district's efficiency index is equal to or greater
than 1.5, the efficiency adjustment shall be calculated according
to the following formula:
(b) If the district's efficiency index is less than 1.5 but
equal to or greater than 1.0, the efficiency adjustment shall be
calculated according to the following formula:
(c) If the district's efficiency index is less than 1.0,
the
efficiency adjustment shall be zero.
(J) The department shall pay each city, local, and exempted
village school district the lesser
of the following:
(1) The sum of the amounts calculated under divisions (E)
to
(H) and (I)(3) of this section;
(2) The district's total costs for school bus service for the
prior fiscal year.
(K) In addition to funds paid under division (J) of this
section, each city, local, and exempted village district
shall
receive in
accordance with
rules adopted by the state board of
education
a
payment for
students transported by
means other than
school bus service and whose
transportation is not funded
under
division (G) of section
3317.024
of the Revised Code. The
rules
shall include
provisions
for school district reporting of
such
students.
(L) In fiscal years 2010 and 2011, the department shall pay
each district a pro rata portion of the amounts calculated under
division (J) of this section and described in division (K) of this
section, based on state appropriations.
Sec. 3306.13. (A) The department of education shall compute
and distribute to each city, local, and exempted village school
district the state share of the adequacy amount for the fiscal
year by subtracting the district's charge-off amount calculated
under division (B) of this section from its adequacy amount
calculated under section 3306.03 of the Revised Code.
(B)(1) For districts with a class one effective operating tax
rate that is less than twenty and one-tenth effective mills as of
the first day of July of the current fiscal year, the charge-off
amount equals two per cent of the sum of the district's total
taxable value plus its property exemption value.
(2) For districts with a class one effective operating tax
rate that is greater than or equal to twenty and one-tenth class
one effective mills as of the first day of July of the current
fiscal year, the charge-off amount equals two per cent of the sum
of the district's recognized valuation plus its property exemption
value.
If the difference obtained from the calculation is a negative
number, the state share shall be zero.
(C) The department shall use the information obtained under
section 3317.021 of the Revised Code during the calendar year in
which the fiscal year begins to calculate the district state
shares under this section.
Sec. 3306.14. (A) The partnership for continued learning
shall establish a joint vocational school district funding
committee. The committee shall study the extent to which current
joint vocational school district programming and funding are
responsive to state, regional, and local business and industry
needs. In addition to members of the partnership for continued
learning, the committee shall include business leaders and
representatives of joint vocational school districts, selected by
the superintendent of public instruction and the chancellor of the
Ohio board of regents and approved by the partnership for
continued learning. The committee shall operate under the
direction of the superintendent and the chancellor.
(B) Not later than September 1, 2010, the committee shall
issue a report to the partnership for continued learning and the
general assembly containing its findings and recommendations for
revisions to joint vocational school district programming and
funding. After the committee issues the report, the committee
shall cease to exist.
(C) The general assembly shall enact laws implementing
revisions to joint vocational school district programming and
funding not later than July 1, 2011.
(D) The department of education shall continue to evaluate
the efficacy of the joint vocational school district system and
its programmatic offerings.
Sec. 3306.15. (A) In fiscal years 2010 and 2011, each
educational service center shall undergo a performance audit
conducted by the auditor of state or a vendor contracted by the
department of education.
(B) Not later than one hundred eighty days after the
effective date of this section, the department, the office of
budget and management, and the auditor of state shall agree on the
structure of performance audits to be conducted under division (A)
of this section by determining the scope of the audits and setting
metrics for each of the following:
(1) Operational standards utilized by each service center;
(2) The utilization of services by school districts;
(3) The quality of educational and professional development
services.
(C) The educational service center study committee is hereby
established. The committee shall study the extent to which the
current educational service center system supports school
districts in academic achievement, teacher quality, shared
educational services, and the purchasing of services and
commodities. The committee shall consist of the following members:
(1) The superintendent of public instruction, the chancellor
of the Ohio board of regents, the auditor of state or a designee
of the auditor of state, and the director of budget and management
or a designee of the director;
(2) The following members appointed by the governor:
(a) A representative of educational service centers;
(b) A superintendent of a city school district;
(c) A representative of parents or community representatives;
(d) A representative of the business community;
(e) A representative of county boards of mental retardation
and developmental disabilities.
(3) The following members appointed by the speaker of the
house of representatives:
(a) A representative of educational service centers;
(b) A superintendent of an exempted village school district;
(c) A representative of school district treasurers or
business managers;
(d) A representative of higher education institutions.
(4) The following members appointed by the president of the
senate:
(a) A representative of educational service centers;
(b) A superintendent of a local school district;
(c) A representative of higher education institutions;
(d) A representative of the special education community.
The committee shall be co-chaired by the superintendent of
public instruction and the chancellor of the Ohio board of
regents. The governor, speaker of the house of representatives,
and president of the senate shall appoint members no later than
September 1, 2009, and the committee shall hold its first meeting
no later than October 15, 2009.
(D) Based on the performance audits conducted under this
section, the committee shall make recommendations regarding the
following:
(1) A new regional service delivery system;
(2) Educational service system governance structure;
(3) Accountability metrics for educational service centers.
Not later than July 1, 2010, the committee shall issue to the
governor a status report of its progress. The committee shall
issue a final report containing its findings and recommendations
to the governor not later than October 1, 2010, at which time the
committee shall cease to exist.
(E) The department of education and the office of budget and
management shall provide the committee with any information and
assistance required by the committee to carry out its duties.
Sec. 3306.16. (A) The department of education shall
calculate and pay the adequacy amount for each community school
established under Chapter 3314. of the Revised Code, other than
internet- or computer-based community schools, in the manner set
forth in sections 3306.02 to 3306.11 of the Revised Code, with the
following exceptions:
(1) The number of organizational units attributed to each
community school shall be one organizational unit, regardless of
the number of students enrolled in the school.
(2) The calculation of instructional services support shall
not utilize the Ohio instructional quality index.
(3) The number of lead teacher positions shall equal one.
(4) The counselor factor shall equal $66,375 in fiscal year
2010 and $67,660 in fiscal year 2011.
(5) The school nurse factor and the registered nurse factor
shall be calculated as follows:
(a) Each community school with ADM of less than eight hundred
shall receive only the school nurse factor;
(b) Each community school with ADM of eight hundred or more
shall receive only the registered nurse factor.
(6) Administrative services support shall include only the
following:
(a) The principal factor;
(b) The administrative services support personnel factor,
except that a community school shall receive funding for only one
building manager, one secretary, and one noninstructional aide.
(7) The superintendent factor and treasurer factor each shall
equal zero.
(B) The department of education shall calculate and pay the
adequacy amount for each internet- or computer-based community
school in the manner set forth in sections 3306.02 to 3306.11 of
the Revised Code, with the following exceptions:
(1) The number of organizational units attributed to each
internet- or computer-based community school shall be one
organizational unit, regardless of the number of students enrolled
in the school.
(2) The calculation of instructional services support shall
not utilize the Ohio instructional quality index.
(3) The number of core teacher positions shall equal the
school's ADM divided by one hundred twenty-five.
(4) The number of specialist teacher positions shall equal
zero.
(5) The number of career-technical education teacher
positions shall equal zero.
(6) The number of lead teacher positions shall equal zero.
(7) The number of supplemental teacher positions shall equal
zero.
(8) The student support staff factor shall equal zero.
(9) The counselor factor shall equal $66,375 in fiscal year
2010 and $67,660 in fiscal year 2011.
(10) The summer remediation factor shall equal zero.
(11) The school nurse factor and registered nurse factor each
shall equal zero.
(12) Administrative services support shall equal zero.
(13) Operations and maintenance support shall equal zero.
(14) Gifted education support and enrichment support each
shall equal zero.
(15) Technology resources support shall equal the school's
ADM multiplied by $1,037.
(16) The professional development factor shall equal zero.
(C) Each community school shall track its expenditure of the
amount received under this section and report that information to
the department of education.
Sec. 3306.17. For each STEM school established under Chapter
3326. of the Revised Code, the governing body of which is not a
city, local, or exempted village school district board of
education pursuant to section 3326.51 of the Revised Code, the
department of education shall calculate and pay the adequacy
amount in the manner set forth in sections 3306.02 to 3306.11 of
the Revised Code, with the following exceptions:
(A) The adequacy amount shall be calculated as if the STEM
school were a small school district, regardless of the number of
students enrolled in the school.
(B) The calculation of instructional services support shall
not utilize the Ohio instructional quality index.
Sec. 3306.18. On or before the fifteenth day of July of each
year, the superintendent of public instruction shall certify to
the state board of education the amount each city, local, and
exempted village school district expended in the previous fiscal
year on each factor of the district's adequacy amount.
Sec. 3306.19. (A) The department of education shall
calculate and pay transitional aid in fiscal years 2010 and 2011
to each city, local, and exempted village school district that
receives less from the combination of its state share of the
adequacy amount calculated under section 3306.13 of the Revised
Code plus the prorated transportation funding calculated under
section 3306.12 of the Revised Code than its transitional aid
guarantee base for the fiscal year. The amount of the transitional
aid payment shall equal the difference of the district's
transitional aid guarantee base for the current fiscal year minus
the sum of its calculated state share of the adequacy amount plus
its prorated transportation funding for the current fiscal year.
(1) The transitional aid guarantee base for each city, local,
and exempted village school district for fiscal year 2010 equals
the sum of the following computed for fiscal year 2009, as
reconciled by the department, less any amounts attributable to
community school students included in the calculations and net of
any additions or deductions attributable to open enrollment
students and less any general revenue fund spending reductions
ordered by the governor under section 126.05 of the Revised Code:
(a) Base-cost funding under division (A) of section 3317.022
of the Revised Code;
(b) Special education and related services additional
weighted funding under division (C)(1) of section 3317.022 of the
Revised Code;
(c) Speech services funding under division (C)(4) of section
3317.022 of the Revised Code;
(d) Vocational education additional weighted funding under
division (E) of section 3317.022 of the Revised Code;
(e) GRADS funding under division (N) of section 3317.024 of
the Revised Code;
(f) Adjustments for classroom teachers and educational
service personnel under divisions (B), (C), and (D) of section
3317.023 of the Revised Code;
(g) Gifted education units under division (L) of section
3317.024 and section 3317.05 of the Revised Code;
(h) Transportation under Section 269.20.80 of Am. Sub. H.B.
119 of the 127th general assembly;
(i) The excess cost supplement under division (F) of section
3317.022 of the Revised Code;
(j) The charge-off supplement under section 3317.0216 of the
Revised Code;
(k) Transitional aid under Section 269.30.80 of Am. Sub. H.B.
119 of the 127th general assembly.
(2) The transitional aid guarantee base for each city, local,
and exempted village school district for fiscal year 2011 equals
ninety-eight per cent of the following difference:
(a) The sum of the district's state share of the adequacy
amount calculated under section 3306.13 of the Revised Code plus
the district's prorated transportation funding calculated under
section 3306.12 of the Revised Code plus any transitional aid
payment under this section for fiscal year 2010; minus
(b) Any general revenue fund spending reductions ordered by
the governor for fiscal year 2010 under section 126.05 of the
Revised Code.
(B) Notwithstanding any provision of this chapter to the
contrary:
(1) The combination of the state share of the adequacy amount
plus the prorated transportation funding for any city, local, or
exempted village school district for fiscal year 2010 shall not
exceed one hundred fifteen per cent of its transitional aid
guarantee base for fiscal year 2010.
(2) The combination of the state share of the adequacy amount
plus the prorated transportation funding for any city, local, or
exempted village school, district for fiscal year 2011 shall not
exceed one hundred sixteen per cent of its transitional aid
guarantee base for fiscal year 2011.
Sec. 3306.29. (A) The Ohio research-based funding model
advisory council is hereby established. The council shall consist
of the following members:
(1) The superintendent of public instruction, or the
superintendent's designee;
(2) The chancellor of the Ohio board of regents, or the
chancellor's designee;
(3) Two school district teachers, appointed by the governor;
(4) Two nonteaching, nonadministrative school district
employees, appointed by the governor;
(5) One school district principal, appointed by the governor;
(6) One school district superintendent, appointed by the
governor;
(7) One school district treasurer, appointed by the governor;
(8) One representative of an institution of higher education,
appointed by the governor;
(9) One member representing the business community, appointed
by the governor;
(10) One member representing the general public, appointed by
the governor;
(11) One member representing educational service centers,
appointed by the governor;
(12) One parent of a student attending a school operated by a
school district, appointed by the governor;
(13) One member representing community schools established
under Chapter 3314. of the Revised Code, appointed by the
governor;
(14) One member representing early childhood education
providers, appointed by the governor;
(15) Two members of the house of representatives appointed by
the speaker of the house of representatives, one of whom shall be
from the minority party and recommended by the minority leader of
the house of representatives;
(16) Two members of the senate appointed by the president of
the senate, one of whom shall be from the minority party and
recommended by the minority leader of the senate.
The council shall reflect the diversity of this state in
terms of gender, race, ethnic background, and geographic
distribution. The members shall serve without compensation.
(B) The superintendent of public instruction, or the
superintendent's designee to the council, shall be the chairperson
of the council.
The office of school resource management in the department of
education shall provide staffing assistance to the council.
The council shall meet at least quarterly, beginning in
August 2009.
(C) Not later than the first day of September of each
even-numbered year, the council shall present to the governor, the
state board of education, the general assembly, in accordance with
section 101.68 of the Revised Code, and the public recommendations
for revisions to the educational adequacy components of the
research-based school funding model established under this
chapter. The recommendations shall be based on current, high
quality research, information provided by school districts, and
best practices in operational efficiencies identified in the
performance audits required by section 3306.32 of the Revised
Code.
Sec. 3306.30. (A) The board of education of each city,
local, and exempted village school district, the governing
authority of each community school established under Chapter 3314.
of the Revised Code, and the governing body of each STEM school
established under Chapter 3326. of the Revised Code annually shall
submit to the department of education, by the date and in the
manner prescribed by the superintendent of public instruction, a
plan describing how the district or school will deploy the funds
received under this chapter. The plan shall deploy the funds
received for each component of the adequacy amount for the
purposes designated by that component and shall comply with the
operational standards adopted under division (E) of section
3301.07 of the Revised Code and any directive of the
superintendent of public instruction, unless a waiver has been
granted under section 3306.40 of the Revised Code.
(B) The department annually shall reconcile each spending
plan submitted under this section with the actual spending of the
district, community school, or STEM school. If the department
finds that a district, community school, or STEM school has not
complied with its spending plan, the department shall proceed to
take action under section 3306.33 of the Revised Code.
Sec. 3306.31. (A) This section applies to any city, local,
or exempted village school district that has a high school with a
graduation rate, as defined in section 3301.0711 of the Revised
Code, of seventy per cent or less.
(B) The board of education of each school district to which
this section applies shall work with the department of education
and the governor's closing the achievement gap initiative in
developing its annual spending plan prior to submitting the plan
under section 3306.30 of the Revised Code.
(C) The board of each district to which this section applies
shall create and staff, in each high school organizational unit
having a graduation rate of seventy per cent or less, at least one
position funded under division (A)(1) of section 3306.06 of the
Revised Code. Each such position shall function as a linkage
coordinator for closing the achievement gap and increasing the
graduation rate. A linkage coordinator is a person who is the
primary mentor, coach, and motivator for students identified as
potential nongraduates and who coordinates those students'
participation in academic programs, social service programs,
out-of-school cultural and work-related experiences, and in-school
and out-of-school mentoring programs, based on the students'
needs. The linkage coordinator shall coordinate remedial
disciplinary plans as needed and work with school personnel to
gather student academic information and to engage parents of
targeted students. The linkage coordinator shall serve as a
liaison between the school and the governor's closing the
achievement gap initiative and shall participate in all
professional development activities as directed by the closing the
achievement gap initiative. The linkage coordinator shall
establish and coordinate the work of academic promotion teams,
which shall address the academic and social needs of the
identified students. The membership of teams in different schools
may vary and may include the linkage coordinator, parents,
teachers, principals, school nurses, school
counselors, probation
officers, or other school personnel or
members of the community.
(D) The spending plan submitted under section 3306.30 of the
Revised Code by a school district to which this section applies is
subject to the approval of the superintendent of public
instruction and the governor's closing the achievement gap
initiative. If they disapprove a plan, the state superintendent
shall do one of the following:
(1) Modify the plan as the state superintendent considers
appropriate and notify the district board of the modifications.
The district board shall comply with the plan as modified by the
state superintendent.
(2) Return the spending plan and require the district board
to modify the plan according to the state superintendent's
instructions or recommendations. The district board shall modify
the plan according to the state superintendent's instructions or
recommendations and return the modified plan by a date specified
by the state superintendent.
(E) The department shall work with the governor's closing the
achievement gap initiative in reconciling, under division (B) of
section 3306.30 of the Revised Code, the spending plan submitted
by a district to which this section applies with the district's
actual spending.
Sec. 3306.32. (A) Each city, local, exempted village, and
joint vocational school district, each community school
established under Chapter 3314. of the Revised Code, and each STEM
school established under Chapter 3326. of the Revised Code shall
undergo a performance audit under this section at least once every
five fiscal years under the direction of the department of
education. If a school district board of education governs and
controls a STEM school as described in section 3326.51 of the
Revised Code, the performance audit of that STEM school under this
section shall be conducted at the time of and as part of the
school district's performance audit.
(B) The office of school resource management of the
department shall determine the order in which performance audits
shall be conducted under this section. After receiving
recommendations from the office of
school resource management,
the state board of
education and the auditor of state jointly
shall adopt rules in accordance with
Chapter 119. of the Revised
Code prescribing the scope of the
performance audits.
(C) The department may contract with the auditor of state,
any other governmental entity, or any private entity to conduct
performance audits under this section.
(D) Upon the conclusion of a performance audit under this
section, the contractor conducting the performance audit shall
submit a final audit report to the state board, the office of
school resource management, and the board, governing authority, or
governing body of the district, community school, or STEM school.
(E) Not later than ninety days after the date of the final
audit report, the board, governing authority, or governing body of
the district, community school, or STEM school shall submit to the
office of school resource management a response to the report. The
response shall address the findings and recommendations specified
in the final audit report and shall specify a timeline for
implementing recommendations listed in the report.
(F) At the end of the timeline specified in the response, the
board, governing authority, or governing body shall submit a
report to the office of school resource management. The report
shall explain the progress made in implementing each
recommendation of the audit report, specify the steps taken to
implement each recommendation, and indicate for each
recommendation whether and to what extent the recommendation has
been implemented.
(G) If a district, community school, or STEM school fails to
cooperate with a performance audit under this section, or fails
timely to submit a response or report under division (E) or (F) of
this section that the office of school resource management finds
satisfactory, the department shall proceed to take action under
section 3306.33 of the Revised Code.
(H) The department shall pay the cost of each performance
audit under this section.
Sec. 3306.33. (A) The department of education shall take
action under this section with respect to a school district,
community school established under Chapter 3314. of the Revised
Code, or STEM school established under Chapter 3326. of the
Revised Code in any of the following circumstances:
(1) The department determines, based on its reconciliation
under section 3306.30 of the Revised Code of a spending plan with
actual spending, a site visit under section 3301.83 or 3314.39 of
the Revised Code, or a determination under section 117.54 of the
Revised Code that the school district, community school, or STEM
school has failed to allocate state funds received for five or
more of the twenty-four components of the adequacy amount for the
purposes designated by those components.
(2) The district, community school, or STEM school fails to
submit a spending plan under section 3306.30 and, if applicable,
section 3306.31 of the Revised Code, or the department determines
that the district or school has failed to comply with its spending
plan.
(3) The district, community school, or STEM school fails to
cooperate with a performance audit under section 3306.31 of the
Revised Code, fails timely to submit a response or report under
division (E) or (F) of that section that the office of school
resource management finds satisfactory, or fails to implement a
recommendation set forth in a performance audit report.
(B) When a circumstance described in division (A) of this
section applies, the department shall provide the school district,
community school, or STEM school with technical assistance to
bring the district or school into compliance with the spending
model and other requirements of this chapter. In addition, the
board of the district, the governing authority of the community
school, or the governing body of the STEM school shall take all of
the following actions:
(1) Develop and submit to the department a three-year
operations improvement plan containing all of the following:
(a) An analysis of the reasons for the failure to meet the
spending and other requirements of this chapter;
(b) Specific strategies the board, governing authority, or
governing body will use to address the problems in meeting the
requirements;
(c) Identification of the resources the board, governing
authority, or governing body will use to meet the requirements;
(d) A description of how the board, governing authority, or
governing body will measure its progress in meeting the
requirements.
If the district or school is required to have a continuous
improvement plan under section 3302.04 of the Revised Code, the
three-year operations improvement plan required by this section
shall be aligned with the continuous improvement plan.
(2) Notify the parent or guardian of each student served by
the district, community school, or STEM school, either in writing
or by electronic means, of the requirements that were not met, the
actions being taken to meet the requirements, and any progress
achieved in the immediately preceding school year toward meeting
the requirements.
(3) Present the plan, and take public testimony with respect
to it, in a public hearing before the board, governing authority,
or governing body.
(C) When a circumstance described in division (A) of this
section applies to a school district, community school, or STEM
school for a second consecutive year, whether it is the same or a
different circumstance, the department shall provide the district,
community school, or STEM school with technical assistance to
bring the district or school into compliance with the requirements
of this chapter. In addition, both of the following apply:
(1) The board, governing authority of the community school,
or the governing body of the STEM school shall take all of the
actions prescribed in divisions (B)(1) to (3) of this section;
(2) The department shall establish a state intervention team
to evaluate all aspects of the district's or school's operations,
including, but not limited to, management, instructional methods,
resource allocation, and scheduling. The intervention team shall
include teachers and administrators recognized as outstanding in
their fields. The team shall make recommendations regarding
methods for bringing the district or school into compliance with
the
requirements of this chapter. The superintendent of public
instruction shall establish guidelines for the intervention teams.
The district or school shall pay the costs of the intervention
team.
(D) When a circumstance described in division (A) of this
section applies to a school district, community school, or STEM
school for a third consecutive year, whether it is the same or a
different circumstance as in the preceding years, the
superintendent of public instruction shall either:
(1) Establish an accountability compliance commission under
section 3306.34 of the Revised Code;
(2) Appoint a trustee who shall govern the district,
community school, or STEM school in place of the board of
education of the school district, the governing authority of the
community school, or the governing body of the STEM school until
the beginning of the first year that none of the circumstances
described in division (A) of section 3306.32 of the Revised Code
apply to the district, community school, or STEM school.
(E) When a circumstance described in division (A) of this
section applies to a school district, community school, or STEM
school for a fourth consecutive year, whether it is the same or a
different circumstance as in the preceding years:
(1) With respect to a school district, the state board of
education shall proceed under section 3301.16 of the Revised Code
to revoke the district's charter.
(2) With respect to a community school or a STEM school, the
department of education shall order the school to close, and the
governing authority or the governing body shall permanently close
the school.
(F)(1) At any time, the state board may proceed under section
3301.16 of the Revised Code to revoke the charter of a school
district that fails to meet the operating standards established
under division (E) of section 3301.07 of the Revised Code or fails
to comply with this section.
(2) At any time, the department may order a community school
or a STEM school to close if the school fails to comply with this
section. In that case, the governing authority or the governing
body shall permanently close the school.
Sec. 3306.34. (A) Each accountability compliance commission
appointed under division (D) of section 3306.33 of the Revised
Code is a body both corporate and politic, constituting an agency
and instrumentality of the state and performing essential
governmental functions of the state. A commission shall be known
as the "accountability compliance commission for ...............
(name of school district, community school, or STEM school)," and,
in that name, may exercise all authority vested in such a
commission by this section. A separate commission shall be
established for each school district, community school, or STEM
school for which the superintendent of public instruction opts to
establish a commission under division (D) of section 3306.33 of
the Revised Code.
(B) Each accountability commission shall consist of three
members, one of whom shall be appointed by the governor, one of
whom shall be appointed by the superintendent of public
instruction, and one of whom shall be appointed by the auditor of
state.
All members shall serve at the pleasure of the appointing
authority during the life of the commission. In the event of the
death, resignation, incapacity, removal, or ineligibility to serve
of a member, the appointing authority shall appoint a successor
within fifteen days after the vacancy occurs. Members shall serve
without compensation, but shall be paid by the commission their
necessary and actual expenses incurred while engaged in the
business of the commission.
(C) Immediately after appointment of the initial members of
an accountability compliance commission, the state superintendent
shall call the first meeting of the commission and shall cause
written notice of the time, date, and place of that meeting to be
given to each member of the commission at least forty-eight hours
in advance of the meeting. The first meeting shall include an
overview of the commission's roles and responsibilities, the
requirements of section 2921.42 and Chapter 102. of the Revised
Code as they pertain to commission members, the requirements of
section 121.22 of the Revised Code, and the provisions of division
(F) of this section. At its first meeting, the commission shall
adopt temporary bylaws in accordance with division (D) of this
section to govern its operations until the adoption of permanent
bylaws.
The state superintendent shall designate a chairperson for
the commission from among the members. The chairperson shall call
and conduct meetings, set meeting agendas, and serve as a liaison
between the commission and the district board of education, the
community school governing authority, or STEM school governing
body. The
chairperson also shall appoint a secretary, who shall
not be a
member of the commission.
The department of education shall provide administrative
support for the commission, provide data requested by the
commission, and inform the commission of available state resources
that could assist the commission in its work.
(D) Each accountability compliance commission may adopt and
alter bylaws and rules, which shall not be subject to section
111.15 or Chapter 119. of the Revised Code, for the conduct of its
affairs and for the manner, subject to this section, in which its
powers and functions shall be exercised and embodied.
(E) Two members of an accountability compliance commission
constitute a quorum of the commission. The affirmative vote of two
members of the commission is necessary for any action taken by
vote of the commission. No vacancy in the membership of the
commission shall impair the rights of a quorum by such vote to
exercise all the rights and perform all the duties of the
commission. Members of the commission are not disqualified from
voting by reason of the functions of any other office they hold
and are not disqualified from exercising the functions of the
other office with respect to the school district or community
school or STEM school, its officers, or the commission.
(F) The members of an accountability compliance commission,
the state superintendent, and any person authorized to act on
behalf of or assist them shall not be personally liable or subject
to any suit, judgment, or claim for damages resulting from the
exercise of or failure to exercise the powers, duties, and
functions granted to them in regard to their functioning under
this section, but the commission, state superintendent, and such
other persons shall be subject to mandamus proceedings to compel
performance of their duties under this section.
(G) Each member of an accountability compliance commission
shall file the statement described in section 102.02 of the
Revised Code with the Ohio ethics commission. The statement shall
be confidential, subject to review, as described in division (B)
of that section.
(H) Meetings of each accountability compliance commission
shall be subject to section 121.22 of the Revised Code.
(I) Each accountability compliance commission shall seek
input from the district board of education, community school
governing authority, or STEM school governing body regarding ways
to improve the district's or school's operations and compliance
with the requirements of this chapter, but any decision of the
commission related to any authority granted to the commission
under this section shall be final.
The commission may do any of the following:
(1) Prepare and submit the school district's, community
school's, or STEM school's spending plan required under section
3306.30 and, if applicable, section 3306.31 of the Revised Code;
(2) Appoint school building administrators and reassign
administrative personnel;
(3) Terminate the contracts of administrators or
administrative personnel. The commission shall not be required to
comply with section 3319.16 of the Revised Code with respect to
any contract terminated under this division.
(4) Contract with a private entity to perform school or
district management functions;
(5) Establish a budget for the district or school and approve
district or school appropriations and expenditures, unless, in the
case of a school district, a financial planning and supervision
commission has been established for the district pursuant to
section 3316.05 of the Revised Code;
(6) Exercise the powers, duties, and functions with respect
to the district, community school, or STEM school as are granted
to a financial planning and supervision commission with respect to
a school district under divisions (A)(1) to (4) of section 3316.07
of the Revised Code, unless a financial planning and supervision
commission has been established for the district.
(J) If the board of education of a school district, governing
authority of a community school, or governing body of a STEM
school for which an accountability compliance commission has been
established renews any collective bargaining agreement under
Chapter 4117. of the Revised Code during the existence of the
commission, the board, governing authority, or governing body
shall not enter into any agreement that would render any decision
of the commission unenforceable.
(K) An accountability compliance commission shall cease to
exist at the beginning of the first year that none of the
circumstances described in division (A) of section 3306.33 of the
Revised Code apply to the district, community school, or STEM
school.
Sec. 3306.40. The board of education of a school district,
the governing authority of a community school established under
Chapter 3314. of the Revised Code, or the governing body of a STEM
school established under Chapter 3326. of the Revised Code may
apply to the superintendent of public instruction for a waiver of
any standard or requirement of this chapter. The board of
education of any school district also may apply to the state
superintendent for a waiver of any operating standard adopted
under division (E) of section 3301.07 of the Revised Code.
The state board of education shall adopt standards for the
approval or disapproval of waivers under this section. The state
superintendent shall consider every application for a waiver, and
shall determine whether to grant or deny a waiver in accordance
with the state board's standards. For each waiver granted, the
state superintendent shall specify the period of time during which
the waiver is in effect, which shall not exceed five years. A
district, community school, or STEM school may apply to renew a
waiver.
Sec. 3307.31. (A) Payments by boards of education and
governing authorities
of community schools to the
state teachers
retirement system, as
provided in sections 3307.29 and
3307.291 of
the Revised Code,
shall be made from the amount allocated under
section 3314.08, Chapter 3306., or
Chapter 3317. of
the Revised
Code prior to its
distribution to the individual
school districts
or community
schools. The amount due from each school
district or
community
school shall
be certified by the secretary of the
system to the
superintendent
of public instruction monthly, or at
such times as
may be
determined by the state teachers retirement
board.
The superintendent shall deduct, from the amount allocated
to
each district or community school under section 3314.08, Chapter
3306., or
Chapter
3317. of the Revised Code, the
entire amounts
due to the system
from such district or school upon the
certification to the
superintendent by the secretary
thereof.
The superintendent shall certify to the director of budget
and management the amounts thus due the system for payment.
(B) Payments to the state teachers retirement system by a
science, technology, engineering, and mathematics school shall be
deducted from the amount allocated under section 3326.33 of the
Revised Code and shall be made in the same manner as payments by
boards of education under this section.
Sec. 3307.64. A disability benefit recipient,
notwithstanding section 3319.13 of the Revised Code, shall retain
membership in the state teachers retirement system and shall be
considered on leave of absence during the first
five years
following the effective date of a disability benefit.
The state teachers retirement board shall require any
disability benefit recipient to submit to an
annual medical
examination by a physician selected by the board,
except that the
board may waive the medical examination if the board's
physician
certifies that the recipient's disability is
ongoing. If a
disability benefit recipient refuses to submit to
a medical
examination, the recipient's disability benefit shall be
suspended
until the recipient withdraws the
refusal. If the refusal
continues for one year, all
the recipient's rights under and to
the disability benefit shall be
terminated as of the effective
date of the original
suspension.
After
the examination, the examiner shall report and certify
to the board
whether the disability benefit recipient is no longer
physically and
mentally incapable of resuming the service
from
which
the recipient was found disabled. If the board concurs in a
report by the
examining physician that the disability benefit
recipient is
no longer incapable, the
payment of a disability
benefit shall be
terminated not later than the following
thirty-first day of
August or upon employment as a teacher prior
thereto. If the
leave of absence has not expired, the board shall
so certify to
the disability benefit recipient's last employer
before
being found disabled that the recipient is no longer
physically and mentally incapable of resuming
service that is the
same or similar to that from which the
recipient was found
disabled. If
the
recipient was under contract at the time the
recipient
was found disabled, the employer by
the first day of the
next succeeding year shall restore the
recipient to the
recipient's previous position and
salary or to a position and
salary
similar thereto, unless the
recipient was dismissed or
resigned in lieu of dismissal for
dishonesty, misfeasance,
malfeasance, or conviction of a
felony.
A disability benefit shall terminate if the
disability
benefit recipient becomes employed as a teacher in any
public or
private school or institution in this state or
elsewhere. An
individual receiving a disability
benefit from the
system shall be
ineligible for any
employment as a teacher and it shall be
unlawful for any employer
to employ the individual as a teacher.
If any
employer should
employ or reemploy the individual prior to
the
termination of a disability benefit, the
employer shall file
notice of employment with the board designating
the date of the
employment. If the
individual should be paid both
a disability
benefit and also compensation for teaching service
for all or any
part of the same month, the secretary of the board shall certify
to the employer or to the
superintendent of public instruction the
amount of the disability
benefit received by the individual during
the employment, which
amount shall be deducted from any amount due
the employing
district under Chapter Chapters 3306. and 3317. of
the Revised Code or shall be paid
by the employer to the annuity
and pension reserve fund.
Each disability
benefit
recipient shall file with the board
an annual
statement of earnings, current
medical information on
the
recipient's condition, and any other information required in
rules adopted by the board. The board may
waive the requirement
that a disability benefit recipient file
an annual statement of
earnings or current medical information
if the board's physician
certifies that the recipient's
disability is ongoing.
The board shall annually examine the information submitted by
the
recipient. If a disability benefit recipient refuses to file
the statement or
information,
the disability benefit shall be
suspended until
the statement and information are filed. If the
refusal continues for one
year, the recipient's right to the
disability
benefit shall be terminated as of the effective date of
the original
suspension.
A disability benefit also may be terminated by the board at
the request of the disability benefit recipient.
If disability retirement under section 3307.63 of the
Revised
Code is terminated for any reason, the annuity and
pension
reserves at that time in the annuity and pension reserve
fund
shall be transferred to the teachers' savings fund and the
employers' trust fund, respectively. If the total disability
benefit paid was less than the amount of the accumulated
contributions of the member transferred to the annuity and
pension
reserve fund at the time of the member's disability
retirement,
then the difference shall be transferred from the annuity and
pension reserve fund to another fund as required. In
determining
the amount of a member's account following the
termination of
disability retirement for any reason, the total
amount paid shall
be charged against the member's refundable
account.
If a disability allowance paid under section 3307.631
of
the
Revised Code is terminated for any reason, the reserve on the
allowance at that time in the annuity and pension reserve fund
shall be transferred from that fund to the employers' trust fund.
If a former disability benefit recipient again becomes a
contributor, other than as an other system retirant under section
3307.35 of the Revised Code, to this retirement
system, the
school
employees retirement system, or the public employees
retirement
system, and completes at least two additional years of
service
credit, the former disability benefit recipient shall
receive
credit for the period as a disability benefit recipient.
Sec. 3309.41. (A) A disability benefit recipient shall
retain membership status and shall be
considered on
leave of
absence from employment during the first
five years following the
effective date of a disability benefit,
notwithstanding any
contrary provisions in Chapter 124. or 3319.
of the Revised Code.
(B) The school employees retirement board shall
require a
disability benefit recipient to undergo an annual medical
examination, except that the board may waive the medical
examination
if the board's physician or physicians certify
that
the recipient's disability is ongoing.
Should any disability
benefit recipient refuse to submit to a
medical examination, the
recipient's disability benefit
shall be suspended
until withdrawal
of the refusal. Should
the refusal
continue for one year, all the
recipient's rights in and to
the disability
benefit shall be
terminated as of the effective date of
the original suspension.
(C) On completion of the examination
by an examining
physician or physicians selected by the board,
the physician or
physicians shall report and certify to the board
whether the
disability benefit recipient is no longer physically and
mentally
incapable of resuming the service
from which the recipient was
found disabled.
If the board concurs in
the report that the
disability benefit recipient is no
longer incapable, the
payment
of the disability benefit shall be
terminated not later than three
months after the date of the board's
concurrence or upon
employment as an
employee. If the leave of
absence has not
expired, the retirement board shall certify to
the disability
benefit recipient's last employer before
being found disabled that
the recipient is no longer
physically and mentally incapable of
resuming service
that is the same or similar to
that from which
the recipient was found disabled. The
employer
shall restore the
recipient to the
recipient's previous position and salary or to a
position and salary similar thereto not later than the first day
of the
first month following termination of the disability
benefit, unless
the
recipient was dismissed or resigned in lieu of
dismissal for
dishonesty, misfeasance, malfeasance, or conviction
of a felony.
(D) Each disability
benefit recipient shall file with the
board an annual
statement of earnings, current medical information
on
the recipient's condition, and any other
information required
in rules adopted by the board. The board may waive the
requirement
that a
disability benefit recipient file an annual statement of
earnings or current medical information on the recipient's
condition if the board's physician or physicians certify that
the
recipient's disability is ongoing.
The board shall annually examine the information submitted by
the
recipient. If a disability benefit recipient refuses to file
the statement or
information,
the disability benefit shall be
suspended until
the statement and information are filed. If the
refusal continues for one
year, the recipient's right to the
disability
benefit shall be terminated as of the effective date of
the original
suspension.
(E) If a disability benefit recipient is employed by an
employer covered by this chapter, the recipient's disability
benefit shall cease.
(F) If disability retirement under section 3309.40 of the
Revised Code is terminated for any reason, the annuity and
pension
reserves at that time in the annuity and pension reserve
fund
shall be transferred to the employees' savings fund and the
employers' trust fund, respectively. If the total disability
benefit paid is less than the amount of the accumulated
contributions of the member transferred into the annuity and
pension reserve fund at the time of the member's disability
retirement,
the difference shall be transferred from the annuity
and pension
reserve fund to another fund as may be required. In
determining the amount of a member's account following the
termination of disability retirement for any reason, the amount
paid shall be charged against the member's refundable account.
If a disability allowance paid under section 3309.401 of
the
Revised Code is terminated for any reason, the reserve on the
allowance at that time in the annuity and pension reserve fund
shall be transferred from that fund to the employers' trust fund.
The board may terminate a disability benefit at the request
of the recipient.
(G) If a disability benefit is terminated and a
former
disability benefit recipient again becomes a contributor, other
than as an other system retirant as defined in section 3309.341
of
the Revised Code, to this system, the public employees
retirement
system, or the state teachers retirement system, and
completes an
additional two years of service credit after the
termination of
the disability benefit, the former disability
benefit recipient
shall be entitled to
full service credit for the period as a
disability benefit
recipient.
(H) If any employer employs any member who is receiving a
disability benefit, the employer shall file notice of employment
with the retirement board, designating the date of employment.
In
case the notice is not filed, the total amount of the
benefit paid
during the period of employment prior to notice shall be
paid from
amounts allocated under Chapter Chapters 3306. and 3317. of the
Revised
Code prior to its distribution to the school district in
which
the disability benefit recipient was so employed.
Sec. 3309.48. Any employee who left the service of an
employer after attaining age sixty-five or over and such employer
had failed or refused to deduct and transmit to the school
employees retirement system the employee contributions as
required
by section 3309.47 of the Revised Code during any year
for which
membership was compulsory as determined by the school
employees
retirement board, shall be granted service credit
without cost,
which shall be considered as total service credit
for the purposes
of meeting the qualifications for service
retirement provided by
the law in effect on and retroactive to
the first eligible
retirement date following the date such
employment terminated, but
shall not be paid until formal
application for such allowance on a
form provided by the
retirement board is received in the office of
the retirement
system. The total service credit granted under this
section
shall not exceed ten years for any such employee.
The liability incurred by the retirement board because of
the
service credit granted under this section shall be determined
by
the retirement board, the cost of which shall be equal to an
amount that is determined by applying the combined employee and
employer rates of contribution against the compensation of such
employee at the rates of contribution and maximum salary
provisions in effect during such employment for each year for
which credit is granted, together with interest at the rate to be
credited accumulated contributions at retirement, compounded
annually from the first day of the month payment was due the
retirement system to and including the month of deposit, the
total
amount of which shall be collected from the employer. Such
amounts
shall be certified by the retirement board to the
superintendent
of public instruction, who shall deduct the amount
due the system
from any funds due the affected school district
under Chapter
Chapters 3306. and 3317. of the Revised Code. The superintendent
shall certify to the director of budget and management the amount
due the system for payment. The total amount paid shall be
deposited into the employers' trust fund, and shall not be
considered as accumulated contributions of the employee in the
event of his the employee's death or withdrawal of funds.
Sec. 3309.51. (A) Each employer shall pay annually into the
employers' trust fund, in such monthly or less frequent
installments as the school employees retirement board requires,
an
amount certified by the school employees retirement board,
which
shall be as required by Chapter 3309. of the Revised Code.
Payments by
school district boards of education
to the
employers' trust
fund of
the school employees retirement system
may be made from
the
amounts allocated under
Chapter Chapters
3306. and 3317. of the
Revised Code
prior to their distribution to
the individual school
districts. The amount due from each school
district
may be
certified by the
secretary of
the system to the
superintendent of
public
instruction
monthly, or at such times as
is determined by
the
school employees
retirement board.
Payments by governing authorities of community schools to the
employers' trust fund of the school employees retirement system
shall be made from the amounts allocated under section sections
3306.16 and 3314.08 of
the Revised Code prior to their
distribution to the individual
community schools. The amount due
from each community school
shall
be certified by the secretary of
the system to the
superintendent
of public instruction monthly,
or at such times as
determined by
the school employees retirement
board.
Payments by a science, technology, engineering, and
mathematics school, other than one governed as provided in section
3326.51 of the Revised Code, to the employers' trust fund of the
school
employees retirement system shall be made from the amounts
allocated under section sections 3306.17, 3326.33, and 3326.34 of
the Revised Code prior to their
distribution to the school. The
amount due from a science,
technology, engineering, and
mathematics school shall be certified
by the secretary of the
school employees retirement system to the
superintendent of
public instruction monthly, or at such times as
determined by the
school employees retirement board.
(B) The superintendent shall deduct from the amount allocated
to each
community school under section sections 3306.16 and
3314.08 of the Revised
Code,
to
each school district under
Chapter Chapters 3306. and 3317. of the Revised
Code, or to each
science, technology, engineering, and mathematics
school under
section sections 3306.17, 3326.33, and 3326.34 of the Revised Code
the
entire
amounts due to the school employees retirement system
from such
school
or
school district upon the
certification to
the
superintendent by
the secretary
thereof.
(C) Where an employer fails
or has failed or refuses to make
payments to the
employers' trust fund, as provided for under
Chapter 3309. of the
Revised Code, the
secretary of the school
employees retirement system may certify to
the state
superintendent of public instruction, monthly or at such
times as
is determined by the school employees retirement board,
the
amount
due from such employer, and the superintendent shall
deduct from
the amount allocated to the
employer
under section 3314.08 or,
3326.33, or 3326.34 or Chapter 3306. or
3317. of the
Revised
Code, as applicable,
the
entire amounts due to the system
from
the employer upon the
certification
to
the superintendent
by the
secretary of the
school employees
retirement system.
(D) The superintendent shall certify to the director of
budget
and management the amounts thus due the system for
payment.
Sec. 3310.03. (A) A student is an "eligible student" for
purposes of the educational choice scholarship pilot program if
the student's resident district is not a school district in which
the pilot project scholarship program is operating under sections
3313.974 to 3313.979 of the Revised Code; the student is not
enrolled, for any portion of the school year in which the student
submits an application for the scholarship, in a nonpublic school;
and the student satisfies one of the following conditions:
(1) The student is enrolled in a school building that is
operated by the student's resident district and to which both of
the following apply:
(a) The building was declared, in at least two of the three
most recent ratings of school buildings published prior to the
first day of July of the school year for which a scholarship is
sought, to be in a state of academic emergency or academic watch
under section 3302.03 of the Revised Code;
(b) The building was not declared to be excellent or
effective under that section in the most recent rating published
prior to the first day of July of the school year for which a
scholarship is sought.
(2) The student is eligible to enroll in kindergarten in the
school year for which a scholarship is sought and otherwise would
be assigned under section 3319.01 of the Revised Code to a school
building described in division (A)(1) of this section.
(3) The student is enrolled in a community school established
under Chapter 3314. of the Revised Code but otherwise would be
assigned under section 3319.01 of the Revised Code to a building
described in division (A)(1) of this section.
(4) The student is enrolled in a school building that is
operated by the student's resident district or in a community
school established under Chapter 3314. of the Revised Code and
otherwise would be assigned under section 3319.01 of the Revised
Code to a school building described in division (A)(1) of this
section in the school year for which the scholarship is sought.
(5) The student is eligible to enroll in kindergarten in the
school year for which a scholarship is sought, or is enrolled in a
community school established under Chapter 3314. of the Revised
Code, and all of the following apply to the student's resident
district:
(a) The district has in force an intradistrict open
enrollment policy under which no student in kindergarten or the
community school student's grade level, respectively, is
automatically assigned to a particular school building;
(b) In at least two of the three most recent ratings of
school districts published prior to the first day of July of the
school year for which a scholarship is sought, the district was
declared to be in a state of academic emergency under section
3302.03 of the Revised Code;
(c) The district was not declared to be excellent or
effective under that section in the most recent rating published
prior to the first day of July of the school year for which a
scholarship is sought.
(B) A student who receives a scholarship under the
educational choice scholarship pilot program remains an eligible
student and may continue to receive scholarships in subsequent
school years until the student completes grade twelve, so long as
all of the following apply:
(1) The student's resident district remains the same, or the
student transfers to a new resident district and otherwise would
be assigned in the new resident district to a school building
described in division (A)(1) of this section;
(2) The student takes each state test assessment prescribed
for the
student's grade level under section 3301.0710 or
3301.0712 of the
Revised Code while enrolled in a chartered
nonpublic school;
(3) In each school year that the student is enrolled in a
chartered nonpublic school, the student is absent from school for
not more than twenty days that the school is open for instruction,
not including excused absences.
(C) The department shall cease awarding first-time
scholarships pursuant to divisions (A)(1) to (4) of this section
with respect to a school building that, in the most recent ratings
of school buildings published under section 3302.03 of the Revised
Code prior to the first day of July of the school year, ceases to
meet the criteria in division (A)(1) of this section. The
department shall cease awarding first-time scholarships pursuant
to division (A)(5) of this section with respect to a school
district that, in the most recent ratings of school districts
published under section 3302.03 of the Revised Code prior to the
first day of July of the school year, ceases to meet the criteria
in division (A)(5) of this section. However, students who have
received scholarships in the prior school year remain eligible
students pursuant to division (B) of this section.
(D) The state board of education shall adopt rules defining
excused absences for purposes of division (B)(3) of this section.
Sec. 3310.08. (A) The amount paid for an eligible student
under the educational choice
scholarship pilot program shall be
the lesser of
the
tuition of the chartered nonpublic school in
which the
student is enrolled or the maximum amount prescribed in
section 3310.09 of the Revised Code.
(B)(1) The department shall pay to the parent of each
eligible student for whom a scholarship is awarded under the
program, or to the student if at least eighteen years of age,
periodic partial payments of the scholarship.
(2) The department shall
proportionately reduce or terminate
the payments
for any student
who withdraws from a chartered
nonpublic school prior to the end of the
school year.
(C)(1) The department shall deduct
five thousand two hundred
dollars from the payments made to
each school
district under
Chapter Chapters 3306. and 3317.
and,
if necessary, sections
321.24 and 323.156 of
the
Revised
Code one
of the following
amounts, as applicable, for each eligible student
awarded a
scholarship under the educational choice scholarship
pilot
program who is entitled under section 3313.64 or 3313.65 of
the
Revised Code to attend school in the district:
(a) For each scholarship student enrolled in kindergarten,
two thousand seven hundred dollars;
(b) For each scholarship student enrolled in grades one to
twelve, five thousand two hundred dollars.
The amount deducted under division (C)(1) of this section
funds scholarships for students under both the educational choice
scholarship pilot program and the pilot project scholarship
program under sections 3313.974 to 3313.979 of the Revised Code.
(2) If the department reduces or terminates payments to a
parent or a student, as prescribed in division (B)(2) of this
section, and the student enrolls in the schools of the student's
resident district or in a community school, established under
Chapter 3314. of the Revised Code, before the end of the school
year, the department shall proportionally restore to the resident
district the amount deducted for that student under division
(C)(1) of this section.
(D) In the case of any school district from which a deduction
is made under division (C) of this section, the department shall
disclose on the district's SF-3 form, or any successor to that
form used to calculate a district's state funding for operating
expenses, a comparison of the following:
(1) The district's state base-cost state share of the
adequacy
amount payment, as calculated under division (A)(1) of
section
3317.022 3306.13 of the Revised Code prior to making the
adjustments under divisions (A)(2) and (3) of that section, with
the scholarship students included in the district's formula ADM;
(2) What the district's state base-cost share of the
adequacy amount payment would have been, as calculated under
division (A)(1) of that section prior to making the adjustments
under divisions (A)(2) and (3) of that section, if the scholarship
students were not included in the district's formula ADM.
This comparison shall display both the aggregate difference
between the amounts described in divisions (D)(1) and (2) of this
section, and the quotient of that aggregate difference divided by
the number of eligible students for whom deductions are made under
division (C) of this section.
Sec. 3310.09. (A) The maximum amount awarded to an eligible
student in fiscal year 2007 under the educational choice
scholarship pilot program shall be as follows:
(1)(A) For grades kindergarten through eight, four thousand
two five hundred fifty dollars;
(2)(B) For grades nine through twelve, five thousand three
hundred dollars.
(B) In fiscal year 2008 and in each fiscal year thereafter,
the maximum amount awarded under the program shall be the
applicable maximum amount awarded in the previous fiscal year
increased by the same percentage by which the general assembly
increased the formula amount, as defined in section 3317.02 of the
Revised Code, from the previous fiscal year.
Sec. 3310.11. (A) Only for the purpose of administering the
educational choice scholarship pilot program, the department of
education may request from any of the following entities the data
verification code assigned under division (D)(2) of section
3301.0714 of the Revised Code to any student who is seeking a
scholarship under the program:
(1) The student's resident district;
(2) If applicable, the community school in which that student
is enrolled;
(3) The independent contractor engaged to create and maintain
student data verification codes.
(B) Upon a request by the department under division (A) of
this section for the data verification code of a student seeking a
scholarship or a request by the student's parent for that code,
the school district or community school shall submit that code to
the department or parent in the manner specified by the
department. If the student has not been assigned a code, because
the student will be entering kindergarten during the school year
for which the scholarship is sought, the district shall assign a
code to that student and submit the code to the department or
parent by a date specified by the department. If the district does
not assign a code to the student by the specified date, the
department shall assign a code to that student.
The department annually shall submit to each school district
the name and data verification code of each student residing in
the district who is entering kindergarten, who has been awarded a
scholarship under the program, and for whom the department has
assigned a code under this division.
(C) For the purpose of administering the applicable tests
assessments prescribed under sections 3301.0710 and
3301.0712 of
the Revised Code, as required by section 3310.14 of
the Revised
Code, the department shall provide to each chartered
nonpublic
school that enrolls a scholarship student the data
verification
code for that student.
(D) The department and each chartered nonpublic school that
receives a data verification code under this section shall not
release that code to any person except as provided by law.
Any document relative to this program that the department
holds in its files that contains both a student's name or other
personally identifiable information and the student's data
verification code shall not be a public record under section
149.43 of the Revised Code.
Sec. 3310.14. Notwithstanding division (K) of section
3301.0711 of the Revised Code, each chartered nonpublic school
that enrolls students awarded scholarships under sections 3310.01
to 3310.17 of the Revised Code annually shall administer the tests
assessments prescribed by section 3301.0710 or 3301.0712 of the
Revised Code
to each scholarship student enrolled in the school
in accordance
with section 3301.0711 of the Revised Code. Each
chartered
nonpublic school shall report to the department of
education the
results of each test assessment administered to
each scholarship student
under this section.
Nothing in this section requires a chartered nonpublic school
to administer any achievement test, except for an Ohio graduation
test prescribed by division (B) of section 3301.0710 of the
Revised Code, as required by section 3313.612 of the Revised Code,
to any student enrolled in the school who is not a scholarship
student.
Sec. 3310.41. (A) As used in this section:
(1) "Alternative public provider" means either of the
following providers that agrees to enroll a child in the
provider's special education program to implement the child's
individualized education program and to which the child's parent
owes fees for the services provided to the child:
(a) A school district that is not the school district in
which the child is entitled to attend school;
(b) A public entity other than a school district.
(2) "Entitled to attend school" means entitled to attend
school in a school district under section 3313.64 or 3313.65 of
the Revised Code.
(3) "Formula ADM" and "category six special education ADM"
have the same meanings as in section 3317.02 of the Revised Code.
(4) "Preschool child with a disability"
and "individualized
education program" have the same meanings as
in section 3323.01
of the Revised Code.
(5) "Parent" has the same meaning as in section 3313.64 of
the Revised Code, except that "parent" does not mean a parent
whose custodial rights have been terminated.
(6) "Preschool scholarship ADM" means the number of
preschool children with disabilities reported under
division
(B)(3)(h) of section 3317.03 of the Revised Code.
(7) "Qualified special education child" is a child for whom
all of the following conditions apply:
(a) The school district in which the child is entitled to
attend school has identified the child as autistic. A child who
has been identified as having a "pervasive developmental disorder
- not otherwise specified (PPD-NOS)" shall be considered to be an
autistic child for purposes of this section.
(b) The school district in which the child is entitled to
attend school has developed an individualized education program
under Chapter 3323. of the Revised Code for the child.
(i) Was enrolled in the school district in which the child is
entitled to attend school in any grade from preschool through
twelve in the school year prior to the year in which a scholarship
under this section is first sought for the child; or
(ii) Is eligible to enter school in any grade preschool
through twelve in the school district in which the child is
entitled to attend school in the school year in which a
scholarship under this section is first sought for the child.
(8) "Registered private provider" means a nonpublic school or
other nonpublic entity that has been approved by the
department
of education to participate in the program
established under this
section.
(9) "Special education program" means a school or facility
that provides special education and related services to children
with disabilities.
(B) There is hereby established the autism scholarship
program. Under the program, the department of education shall pay
a scholarship to the parent of each qualified special education
child upon application of that parent pursuant to procedures and
deadlines established by rule of the state board of education.
Each scholarship shall be used only to pay tuition for the child
on whose behalf the scholarship is awarded to attend a special
education program that implements the child's individualized
education program and that is operated by an alternative public
provider or by a registered private provider. Each scholarship
shall be in an amount not to exceed the lesser of the tuition
charged for the child by the special education program or twenty
thousand dollars. The purpose of the scholarship is to permit the
parent of a qualified special education child the choice to send
the child to a special education program, instead of the one
operated by or for the school district in which the child is
entitled to attend school, to receive the services prescribed in
the child's individualized education program once the
individualized education program is finalized. A scholarship under
this section shall not be awarded to the parent of a child while
the child's individualized education program is being developed by
the school district in which the child is entitled to attend
school, or while any administrative or judicial mediation or
proceedings with respect to the content of the child's
individualized education program are pending. A scholarship under
this section shall not be used for a child to attend a public
special education program that operates under a contract, compact,
or other bilateral agreement between the school district in which
the child is entitled to attend school and another school district
or other public provider, or for a child to attend a community
school established under Chapter 3314. of the Revised Code.
However, nothing in this section or in any rule adopted by the
state board shall prohibit a parent whose child attends a public
special education program under a contract, compact, or other
bilateral agreement, or a parent whose child attends a community
school, from applying for and accepting a scholarship under this
section so that the parent may withdraw the child from that
program or community school and use the scholarship for the child
to attend a special education program for which the parent is
required to pay for services for the child. A child attending a
special education program with a scholarship under this section
shall continue to be entitled to transportation to and from that
program in the manner prescribed by law.
(C)(1) As prescribed in divisions (A)(2)(h), (B)(3)(g), and
(B)(10) of section 3317.03 of the Revised Code, a child who is not
a preschool child with a disability for whom a
scholarship is
awarded under this section shall be counted in the
formula ADM
and the category six special education ADM of the
district in
which the child is entitled to attend school and not
in the
formula ADM and the category six special education ADM of
any
other school district. As prescribed in divisions (B)(3)(h)
and
(B)(10) of section 3317.03 of the Revised Code, a child who is
a
preschool child with a disability for whom a
scholarship is
awarded under this section shall be counted in the
preschool
scholarship ADM and category six special education ADM
of the
school district in which the child is entitled to attend
school
and not in the preschool scholarship ADM or category six
special
education ADM of any other school district.
(2) In each fiscal year, the department shall deduct from the
amounts paid to each school district under Chapter Chapters 3306.
and 3317. of the
Revised Code, and, if necessary, sections 321.24
and 323.156 of
the Revised Code, the aggregate amount of
scholarships awarded
under this section for qualified special
education children
included in the formula ADM, or preschool
scholarship ADM, and in
the category six special education ADM of
that school district as
provided in division (C)(1) of this
section. The When computing the school district's instructional
services support under section 3306.05 of the Revised
Code, the
department shall add the district's preschool scholarship
ADM to
the district's formula ADM.
The scholarships
deducted shall be considered as an approved
special education and
related services expense for the purpose of
the school district's
compliance with division (C)(5) of section
3317.022 of the Revised
Code district.
(3) From time to time, the department shall make a payment to
the parent of each qualified special education child for whom a
scholarship has been awarded under this section. The scholarship
amount shall be proportionately reduced in the case of any such
child who is not enrolled in the special education program for
which a scholarship was awarded under this section for the entire
school year. The department shall make no payments to the parent
of a child while any administrative or judicial mediation or
proceedings with respect to the content of the child's
individualized education program are pending.
(D) A scholarship shall not be paid to a parent for payment
of tuition owed to a nonpublic entity unless that entity is a
registered private provider. The
department shall approve
entities that meet the standards established by rule of the state
board for the program
established
under this section.
(E) The state board shall adopt rules under Chapter 119. of
the Revised Code prescribing procedures necessary to implement
this section, including, but not limited to, procedures and
deadlines for parents to apply for scholarships, standards for
registered private providers, and procedures for approval of
entities as registered private providers.
Sec. 3311.06. (A) As used in this section:
(1) "Annexation" and "annexed" mean annexation for
municipal
purposes under sections 709.02 to 709.37 of the Revised
Code.
(2) "Annexed territory" means territory that has been
annexed
for municipal purposes to a city served by an urban
school
district, but on September 24, 1986, has not been
transferred to
the urban school district.
(3) "Urban school district" means a city school district
with
an average daily membership for the 1985-1986 school year in
excess of twenty thousand that is the school district of a city
that contains annexed territory.
(4) "Annexation agreement" means an agreement entered into
under division (F) of this section that has been approved by the
state board of education or an agreement entered into prior to
September 24, 1986, that meets the requirements of division (F)
of
this section and has been filed with the state board.
(B) The territory included within the boundaries of a
city,
local, exempted village, or joint vocational school
district shall
be contiguous except where a natural island forms
an integral part
of the district, where the state board of
education authorizes a
noncontiguous school district, as provided
in division (E)(1) of
this section, or where a local school
district is created pursuant
to section 3311.26 of the Revised
Code from one or more local
school districts, one of which has
entered into an agreement under
section 3313.42 of the Revised
Code.
(C)(1) When all of the territory of a school district is
annexed to a city or village, such territory thereby becomes a
part of the city school district or the school district of which
the village is a part, and the legal title to school property in
such territory for school purposes shall be vested in the board
of
education of the city school district or the school district
of
which the village is a part.
(2) When the territory so annexed to a city or village
comprises part but not all of the territory of a school district,
the said territory becomes part of the city school district or
the
school district of which the village is a part only upon
approval
by the state board of education, unless the district in
which the
territory is located is a party to an annexation
agreement with
the city school district.
Any urban school district that has not entered into an
annexation agreement with any other school district whose
territory would be affected by any transfer under this division
and that desires to negotiate the terms of transfer with any such
district shall conduct any negotiations under division (F) of
this
section as part of entering into an annexation agreement
with such
a district.
Any school district, except an urban school district,
desiring state board approval of a transfer under this division
shall make a good faith effort to negotiate the terms of transfer
with any other school district whose territory would be affected
by the transfer. Before the state board may approve any transfer
of territory to a school district, except an urban school
district, under this section, it must receive the following:
(a) A resolution requesting approval of the transfer,
passed
by at least one of the school districts whose territory
would be
affected by the transfer;
(b) Evidence determined to be sufficient by the state
board
to show that good faith negotiations have taken place or
that the
district requesting the transfer has made a good faith
effort to
hold such negotiations;
(c) If any negotiations took place, a statement signed by
all
boards that participated in the negotiations, listing the
terms
agreed on and the points on which no agreement could be
reached.
(D) The state board of education shall adopt rules
governing
negotiations held by any school district except an
urban school
district pursuant to division (C)(2) of this
section. The rules
shall encourage the realization of the
following goals:
(1) A discussion by the negotiating districts of the
present
and future educational needs of the pupils in each
district;
(2) The educational, financial, and territorial stability
of
each district affected by the transfer;
(3) The assurance of appropriate educational programs,
services, and opportunities for all the pupils in each
participating district, and adequate planning for the facilities
needed to provide these programs, services, and opportunities.
Districts involved in negotiations under such rules may
agree
to share revenues from the property included in the
territory to
be transferred, establish cooperative programs
between the
participating districts, and establish mechanisms for
the
settlement of any future boundary disputes.
(E)(1) If territory annexed after September 24, 1986, is
part
of a school district that is a party to an annexation
agreement
with the urban school district serving the annexing
city, the
transfer of such territory shall be governed by the
agreement. If
the agreement does not specify how the territory
is to be dealt
with, the boards of education of the district in
which the
territory is located and the urban school district
shall negotiate
with regard to the transfer of the territory
which shall be
transferred to the urban school district unless,
not later than
ninety days after the effective date of municipal
annexation, the
boards of education of both districts, by
resolution adopted by a
majority of the members of each board,
agree that the territory
will not be transferred and so inform
the state board of
education.
If territory is transferred under this division the
transfer
shall take effect on the first day of July occurring not
sooner
than ninety-one days after the effective date of the
municipal
annexation. Territory transferred under this division
need not be
contiguous to the district to which it is
transferred.
(2) Territory annexed prior to September 24, 1986, by a
city
served by an urban school district shall not be subject to
transfer under this section if the district in which the
territory
is located is a party to an annexation agreement or
becomes a
party to such an agreement not later than ninety days
after
September 24, 1986. If the district does not become a
party to an
annexation agreement within the ninety-day period,
transfer of
territory shall be governed by division (C)(2) of
this section. If
the district subsequently becomes a party to an
agreement,
territory annexed prior to September 24, 1986, other
than
territory annexed under division (C)(2) of this section
prior to
the effective date of the agreement, shall not be
subject to
transfer under this section.
(F) An urban school district may enter into a
comprehensive
agreement with one or more school districts under
which transfers
of territory annexed by the city served by the
urban school
district after September 24, 1986, shall be governed
by the
agreement. Such agreement must provide for the
establishment of a
cooperative education program under section
3313.842 of the
Revised Code in which all the parties to the
agreement are
participants and must be approved by resolution of
the majority of
the members of each of the boards of education of
the school
districts that are parties to it. An agreement may
provide for
interdistrict payments based on local revenue growth
resulting
from development in any territory annexed by the city
served by
the urban school district.
An agreement entered into under this division may be
altered,
modified, or terminated only by agreement, by resolution
approved
by the majority of the members of each board of
education, of all
school districts that are parties to the
agreement, except that
with regard to any provision that affects
only the urban school
district and one of the other districts
that is a party, that
district and the urban district may modify
or alter the agreement
by resolution approved by the majority of
the members of the board
of that district and the urban district.
Alterations,
modifications, terminations, and extensions of an
agreement
entered into under this division do not require
approval of the
state board of education, but shall be filed with
the board after
approval and execution by the parties.
If an agreement provides for interdistrict payments, each
party to the agreement, except any school district specifically
exempted by the agreement, shall agree to make an annual payment
to the urban school district with respect to any of its territory
that is annexed territory in an amount not to exceed the amount
certified for that year under former section 3317.029 of the
Revised
Code as that section existed prior to July 1, 1998;
except
that such limitation of annual payments to amounts
certified under
former section 3317.029 of the Revised Code does not
apply to
agreements or extensions of agreements entered into on
or after
June 1, 1992, unless such limitation is expressly agreed
to by the
parties. The agreement may provide that all or any
part of the
payment shall be waived if the urban school district
receives its
payment with respect to such annexed territory under
former
section 3317.029 of the Revised Code and that all or any part of
such payment may be waived if the urban school district does not
receive its payment with respect to such annexed territory under
such section.
With respect to territory that is transferred to the urban
school district after September 24, 1986, the agreement may
provide for annual payments by the urban school district to the
school district whose territory is transferred to the urban
school
district subsequent to annexation by the city served by
the urban
school district.
(G) In the event territory is transferred from one school
district to another under this section, an equitable division of
the funds and indebtedness between the districts involved shall
be
made under the supervision of the state board of education and
that board's decision shall be final. Such division shall not
include funds payable to or received by a school district under
Chapter 3306. or 3317. of the Revised Code or payable to or
received by a
school district from the United States or any
department or
agency thereof. In the event such transferred
territory includes
real property owned by a school district, the
state board of
education, as part of such division of funds and
indebtedness,
shall determine the true value in money of such real
property and
all buildings or other improvements thereon. The
board of
education of the school district receiving such territory
shall
forthwith pay to the board of education of the school
district
losing such territory such true value in money of such
real
property, buildings, and improvements less such percentage of
the
true value in money of each school building located on such
real
property as is represented by the ratio of the total
enrollment
in day classes of the pupils residing in the territory
transferred enrolled at such school building in the school year
in
which such annexation proceedings were commenced to the total
enrollment in day classes of all pupils residing in the school
district losing such territory enrolled at such school building
in
such school year. The school district receiving such payment
shall
place the proceeds thereof in its sinking fund or bond
retirement
fund.
(H) The state board of education, before approving such
transfer of territory, shall determine that such payment has been
made and shall apportion to the acquiring school district such
percentage of the indebtedness of the school district losing the
territory as is represented by the ratio that the assessed
valuation of the territory transferred bears to the total
assessed
valuation of the entire school district losing the
territory as of
the effective date of the transfer, provided that
in ascertaining
the indebtedness of the school district losing
the territory the
state board of education shall disregard such
percentage of the
par value of the outstanding and unpaid bonds
and notes of said
school district issued for construction or
improvement of the
school building or buildings for which payment
was made by the
acquiring district as is equal to the percentage
by which the true
value in money of such building or buildings
was reduced in fixing
the amount of said payment.
(I) No transfer of school district territory or division
of
funds and indebtedness incident thereto, pursuant to the
annexation of territory to a city or village shall be completed
in
any other manner than that prescribed by this section
regardless
of the date of the commencement of such annexation
proceedings,
and this section applies to all proceedings for such
transfers and
divisions of funds and indebtedness pending or
commenced on or
after October 2, 1959.
Sec. 3311.19. (A) The management and control of a joint
vocational school district shall be vested in the joint
vocational
school district board of education. Where a joint
vocational
school district is composed only of two or more local
school
districts located in one county, or when all the
participating
districts are in one county and the boards of such
participating
districts so choose, the educational
service center governing
board
of the county in which the joint vocational school district
is
located shall serve as the joint vocational school district
board
of education. Where a joint vocational school district is
composed of local school districts of more than one county, or of
any combination of city, local, or exempted village
school
districts or educational service centers, unless administration by
the
educational service center governing board has been chosen by
all the
participating districts in
one county pursuant to this
section, the board of education of
the joint vocational school
district shall be composed of one or
more persons who are members
of the boards of education from each
of the city or exempted
village school districts or
members of the educational service
centers' governing boards
affected to be appointed by the boards
of education or governing boards of
such
school districts and
educational service centers. In such joint vocational
school
districts the
number and terms of members of the joint vocational
school
district board of education and the allocation of a given
number
of members to each of the city and exempted village
districts and educational service centers shall be determined in
the plan for
such district,
provided that each such joint
vocational school district board of
education shall be composed of
an odd number of members.
(B) Notwithstanding division (A) of this section, a
governing
board of an educational service center that has members
of
its
governing board serving on a
joint vocational school
district
board of education may make a
request to the joint
vocational
district board that the joint
vocational school
district plan be
revised to provide for one or
more members of
boards of education
of local school districts
that are within the
territory of the
educational
service district and within the joint
vocational
school district to serve in the place of or in
addition
to its
educational service center governing board members. If
agreement
is obtained among a majority of the boards of education
and
governing boards
that have
a member serving on the joint
vocational school district board of
education and among a majority
of the local school district
boards of education included in the
district and located within
the territory of the educational
service center
whose board requests the substitution
or addition,
the state board of education may revise the joint
vocational
school district plan to conform with such agreement.
(C) If the board of education of any school district
or
educational service center governing board included within a joint
vocational district that has had its
board or governing board
membership revised under division (B) of this section
requests the
joint vocational school district board to submit to
the state
board of education a revised plan under which one or
more joint
vocational board members chosen in accordance with a
plan revised
under such division would again be chosen in the
manner prescribed
by division (A) of this section, the joint
vocational board shall
submit the revised plan to the state board
of education, provided
the plan is agreed to by a majority of the
boards of education
represented on the joint vocational board, a
majority of the local
school district boards included within the
joint vocational
district, and each educational service center
governing board
affected by such plan. The state board of education may revise
the
joint vocational school district plan to conform with the
revised
plan.
(D) The vocational schools in such joint vocational school
district shall be available to all youth of school age within the
joint vocational school district subject to the rules adopted by
the joint vocational school district board of education in regard
to the standards requisite to admission. A joint vocational
school
district board of education shall have the same powers,
duties,
and authority for the management and operation of such
joint
vocational school district as is granted by law, except by
this
chapter and Chapters 124., 3306., 3317., 3323., and 3331. of the
Revised
Code, to a board of education of a city school district,
and shall
be subject to all the provisions of law that apply to a
city
school district, except such provisions in this chapter and
Chapters 124., 3306., 3317., 3323., and 3331. of the Revised Code.
(E) Where a governing board of an educational
service center
has been designated
to serve as the joint vocational school
district board of
education, the educational service center
superintendent shall be the
executive officer for the joint
vocational school district, and
the governing board may provide
for additional compensation to be paid to
the educational service
center superintendent by the joint
vocational school district, but
the educational service
center
superintendent shall have no
continuing tenure other than that of educational service center
superintendent. The
superintendent of schools of a joint
vocational school district
shall exercise the duties and authority
vested by law in a
superintendent of schools pertaining to the
operation of a school
district and the employment and supervision
of its personnel. The joint
vocational school district board of
education shall
appoint a treasurer of the joint vocational school
district who
shall be the fiscal officer for such district and who
shall have
all the powers, duties, and authority vested by law in
a
treasurer of a board of education. Where a governing board of
an
educational service center has been designated to serve as
the
joint vocational
school district board of education, such board
may appoint the
educational service center superintendent as
the
treasurer of the joint
vocational school district.
(F) Each member of a joint vocational school district
board
of education may be paid such compensation as the board
provides
by resolution, but it shall not exceed
one hundred
twenty-five
dollars
per member for each meeting attended plus
mileage, at the
rate per mile
provided by resolution of the board,
to and from
meetings of the board.
The board may provide by resolution for the deduction of
amounts payable for benefits under section
3313.202 of the Revised
Code.
Each member of a joint vocational school district board may
be paid such compensation as the board provides by resolution for
attendance at
an approved training program, provided that such
compensation
shall not exceed sixty dollars per day for attendance
at a
training program three hours or fewer in length and one
hundred
twenty-five dollars a day for attendance at a training
program
longer than three hours in length. However, no board
member shall
be compensated for the same training program under
this section
and section 3313.12 of the Revised Code.
Sec. 3311.21. (A) In addition to the resolutions
authorized
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213
of
the Revised Code, the board of education of a joint vocational
or
cooperative education school district by a vote of two-thirds
of
its full membership may at any time adopt a resolution
declaring
the necessity to levy a tax in excess of the ten-mill
limitation
for a period not to exceed ten years to provide funds
for any one
or more of the following purposes, which may be
stated in the
following manner in such resolution, the ballot,
and the notice of
election: purchasing a site or enlargement
thereof and for the
erection and equipment of buildings; for the
purpose of enlarging,
improving, or rebuilding thereof; for the
purpose of providing for
the current expenses of the joint
vocational or cooperative school
district; or for a continuing
period for the purpose of providing
for the current expenses of
the joint vocational or cooperative
education school district.
The resolution shall specify the amount
of the proposed rate and,
if a renewal, whether the levy is to
renew all, or a portion of,
the existing levy, and shall specify
the first year in which the
levy will be imposed. If the levy
provides for but is not
limited to current expenses, the
resolution shall apportion the
annual rate of the levy between
current expenses and the other
purpose or purposes. Such
apportionment may but need not be the
same for each year of the
levy, but the respective portions of
the rate actually levied each
year for current expenses and the
other purpose or purposes shall
be limited by such apportionment.
The portion of any such rate
actually levied for current expenses
of a joint vocational or
cooperative education school district
shall be used in applying
division (A)(1) of section 3306.01 and
division (A) of section
3317.01 of the
Revised Code. The portion
of any such rate not
apportioned to
the current expenses of a
joint vocational or
cooperative
education school district shall be
used in applying
division (B)
of this section. On the adoption of
such resolution,
the joint
vocational or cooperative education
school district
board of
education shall certify the resolution to
the board of
elections
of the county containing the most populous
portion of
the
district, which board shall receive resolutions for
filing
and
send them to the boards of elections of each county in
which
territory of the district is located, furnish all ballots
for the
election as provided in section 3505.071 of the Revised
Code, and
prepare the election notice; and the board of elections
of each
county in which the territory of such district is located
shall
make the other necessary arrangements for the submission of
the
question to the electors of the joint vocational or
cooperative
education school district at the next primary or
general election
occurring not less than seventy-five days after
the resolution
was received from the joint vocational or
cooperative education
school district board of education, or at a
special election to
be held at a time designated by the district
board of education
consistent with the requirements of section
3501.01 of the
Revised Code, which date shall not be earlier than
seventy-five
days after the adoption and certification of the
resolution.
The board of elections of the county or counties in which
territory of the joint vocational or cooperative education school
district is located shall cause to be published in one or more
newspapers of general circulation in that district an
advertisement of the proposed tax levy question together with a
statement of the amount of the proposed levy once a week for
two
consecutive weeks, prior to the election at which the
question is
to appear on the ballot, and, if the board of elections operates
and maintains a web site, the board also shall post a similar
advertisement on its web site for thirty days prior to that
election.
If a majority of the electors voting on the question of
levying such tax vote in favor of the levy, the joint vocational
or cooperative education school district board of education shall
annually make the levy within the district at the rate specified
in the resolution and ballot or at any lesser rate, and the
county
auditor of each affected county shall annually place the
levy on
the tax list and duplicate of each school district in
the county
having territory in the joint vocational or cooperative
education
school district. The taxes realized from the levy
shall be
collected at the same time and in the same manner as
other taxes
on the duplicate, and the taxes, when collected,
shall be paid to
the treasurer of the joint vocational or
cooperative education
school district and deposited to a
special fund, which shall be
established by the joint vocational
or cooperative education
school district board of education for
all revenue derived from
any tax levied pursuant to this section
and for the proceeds of
anticipation notes which shall be
deposited in such fund. After
the approval of the levy, the
joint vocational or cooperative
education school district board
of education may anticipate a
fraction of the proceeds of the
levy and from time to time, during
the life of the levy, but in
any year prior to the time when the
tax collection from the levy
so anticipated can be made for that
year, issue anticipation
notes in an amount not exceeding fifty
per cent of the estimated
proceeds of the levy to be collected in
each year up to a period
of five years after the date of the
issuance of the notes, less
an amount equal to the proceeds of the
levy obligated for each
year by the issuance of anticipation
notes, provided that the
total amount maturing in any one year
shall not exceed fifty per
cent of the anticipated proceeds of the
levy for that year. Each
issue of notes shall be sold as provided
in Chapter 133. of the
Revised Code, and shall, except for such
limitation that the
total amount of such notes maturing in any one
year shall not
exceed fifty per cent of the anticipated proceeds
of the levy for
that year, mature serially in substantially equal
installments,
during each year over a period not to exceed five
years after
their issuance.
(B) Prior to the application of section 319.301 of the
Revised Code, the rate of a levy that is limited to, or to the
extent that it is apportioned to, purposes other than current
expenses shall be reduced in the same proportion in which the
district's total valuation increases during the life of the levy
because of additions to such valuation that have resulted from
improvements added to the tax list and duplicate.
(C) The form of ballot cast at an election under division
(A)
of this section shall be as prescribed by section 5705.25 of
the
Revised Code.
Sec. 3311.29. (A) Except as provided under division (B)
or
(C) of this section, no school district shall be created and
no
school district shall exist which does not maintain within
such
district public schools consisting of grades kindergarten
through
twelve and any such existing school district not
maintaining such
schools shall be dissolved and its territory
joined with another
school district or districts by order of the
state board of
education if no agreement is made among the
surrounding districts
voluntarily, which order shall provide an
equitable division of
the funds, property, and indebtedness of
the dissolved school
district among the districts receiving its
territory. The state
board of education may authorize exceptions
to school districts
where topography, sparsity of population, and
other factors make
compliance impracticable.
The superintendent of public instruction is without
authority
to distribute funds under sections 3317.022 to 3317.025 Chapter
3306. or 3317.
of the Revised Code to any school district that
does not maintain
schools with grades kindergarten through twelve
and to which no
exception has been granted by the state board of
education.
(B) Division (A) of this section does not apply to any
joint
vocational school district or any cooperative education
school
district established pursuant to divisions (A) to (C) of
section
3311.52 of the Revised Code.
(C)(1)(a) Except as provided in division (C)(3) of this
section, division (A) of this section does not apply to any
cooperative education school district established pursuant to
section 3311.521 of the Revised Code nor to the city, exempted
village, or local school districts that have territory within
such
a cooperative education district.
(b) The cooperative district and each city, exempted
village,
or local district with territory within the cooperative
district
shall maintain the grades that the resolution adopted or
amended
pursuant to section 3311.521 of the Revised Code
specifies.
(2) Any cooperative education school district described
under
division (C)(1) of this section that fails to maintain the
grades
it is specified to operate shall be dissolved by order of
the
state board of education unless prior to such an order the
cooperative district is dissolved pursuant to section 3311.54 of
the Revised Code. Any such order shall provide for the equitable
adjustment, division, and disposition of the assets, property,
debts, and obligations of the district among each city, local,
and
exempted village school district whose territory is in the
cooperative district and shall provide that the tax duplicate of
each city, local, and exempted village school district whose
territory is in the cooperative district shall be bound for and
assume its share of the outstanding indebtedness of the
cooperative district.
(3) If any city, exempted village, or local school
district
described under division (C)(1) of this section fails to
maintain
the grades it is specified to operate the cooperative
district
within which it has territory shall be dissolved in
accordance
with division (C)(2) of this section and upon that
dissolution any
city, exempted village, or local district failing
to maintain
grades kindergarten through twelve shall be subject
to the
provisions for dissolution in division (A) of this
section.
Sec. 3311.52. A cooperative education school district may
be
established pursuant to divisions (A) to (C) of this section
or
pursuant to section 3311.521 of the Revised Code.
(A) A cooperative education school district may be
established upon the adoption of identical resolutions within a
sixty-day period by a majority of the members of the board of
education of each city, local, and exempted village school
district that is within the territory of a county school
financing
district.
A copy of each resolution shall be filed with the governing
board of
education of the educational service center
which created
the county
school financing district. Upon the filing of the last
such
resolution, the educational service center governing
board
shall immediately notify each
board of education filing such a
resolution of the date on which
the last resolution was filed.
Ten days after the date on which the last resolution is
filed
with the educational service center governing board
or ten days
after the last of
any notices required under division (C) of this
section is
received by the educational service center governing
board, whichever is later, the
county school financing district
shall be dissolved and the new
cooperative education school
district and the board of education
of the cooperative education
school district shall be
established.
On the date that any county school financing district is
dissolved and a cooperative education school district is
established under this section, each of the following shall
apply:
(1) The territory of the dissolved district becomes the
territory of the new district.
(2) Any outstanding tax levy in force in the dissolved
district shall be spread over the territory of the new district
and shall remain in force in the new district until the levy
expires or is renewed.
(3) Any funds of the dissolved district shall be paid over
in
full to the new district.
(4) Any net indebtedness of the dissolved district shall
be
assumed in full by the new district. As used in division
(A)(4) of
this section, "net indebtedness" means the difference
between the
par value of the outstanding and unpaid bonds and
notes of the
dissolved district and the amount held in the
sinking fund and
other indebtedness retirement funds for their
redemption.
When a county school financing district is dissolved and a
cooperative education school district is established under this
section, the governing board of the educational service center
that created the dissolved district shall give written notice of
this fact to the county auditor and the board of elections of
each
county having any territory in the new district.
(B) The resolutions adopted under division (A) of this
section shall include all of the following provisions:
(1) Provision that the governing board of the educational
service center which
created the county school
financing
district
shall be the board of education of the cooperative
education
school district, except that provision may be made for
the
composition, selection, and terms of office of an alternative
board of education of the cooperative district, which board shall
include at least one member selected from or by the members of
the
board of education of each city, local, and exempted village
school
district and at least one member selected from or by the
members of the educational service center governing board within
the territory
of the cooperative district;
(2) Provision that the treasurer and superintendent of the
educational service center which created the
county school
financing
district shall be the treasurer and superintendent of
the
cooperative education school district, except that provision
may
be made for the selection of a treasurer or superintendent of
the
cooperative district other than the treasurer or
superintendent
of the educational service center, which provision
shall require one of the
following:
(a) The selection of one person as both the treasurer and
superintendent of the cooperative district, which provision may
require such person to be the treasurer or superintendent of any
city, local, or exempted village school district or educational
service center
within the territory of the cooperative district;
(b) The selection of one person as the treasurer and
another
person as the superintendent of the cooperative district,
which
provision may require either one or both such persons to be
treasurers or superintendents of any city, local, or exempted
village school districts or educational service center
within the
territory of the
cooperative district.
(3) A statement of the educational program the board of
education of the cooperative education school district will
conduct, including but not necessarily limited to the type of
educational program, the grade levels proposed for inclusion in
the program, the timetable for commencing operation of the
program, and the facilities proposed to be used or constructed to
be used by the program;
(4) A statement of the annual amount, or the method for
determining that amount, of funds or services or facilities that
each city, local, and exempted village school district within the
territory of the cooperative district is required to pay to or
provide for the use of the board of education of the cooperative
education school district;
(5) Provision for adopting amendments to the provisions of
divisions (B)(2) to (4) of this section.
(C) If the resolutions adopted under division (A) of this
section provide for a board of education of the cooperative
education school district that is not the governing board
of the
educational service center that created the county school
financing district, each board of education of each city, local,
or
exempted village school district and the governing board of
the
educational service center within the territory
of the cooperative
district shall, within thirty days after the
date on which the
last resolution is filed with the
educational service center
governing
board under division (A) of this section, select one or
more
members of the board of education of the cooperative district
as
provided in the resolutions filed with the educational
service
center governing board.
Each such board shall immediately notify
the educational
services service center governing board
of each
such selection.
(D) Except for the powers and duties in this chapter and
Chapters 124., 3306., 3317., 3318., 3323., and 3331. of the
Revised
Code, a cooperative education school district established
pursuant to divisions (A) to (C) of this section or pursuant to
section 3311.521 of the Revised Code has all the powers of a city
school district and its board of education has all the powers and
duties of a board of education of a city school district with
respect to the educational program specified in the resolutions
adopted under division (A) of this section. All laws applicable
to
a city school district or the board of education or the
members of
the board of education of a city school district,
except such laws
in this chapter and Chapters 124., 3306., 3317., 3318.,
3323., and
3331. of the Revised Code, are applicable to a
cooperative
education school district and its board.
The treasurer and superintendent of a cooperative education
school district shall have the same respective duties and powers
as a treasurer and superintendent of a city school district,
except for any powers and duties in this chapter and Chapters
124., 3306., 3317., 3318., 3323., and 3331. of the Revised Code.
(E) For purposes of this title, any student included in
the
formula ADM certified
for any city, exempted
village, or local
school district under section 3317.03 of the
Revised Code by
virtue of being counted, in whole or in part, in
the average daily
membership of a cooperative education school
district under
division (A)(2)(f)(d) of that section shall be
construed to be
enrolled both in that city, exempted village, or
village local
school district and in that cooperative education
school
district.
This division shall not be construed to mean that any
such
individual student may be counted more than once for
purposes of
determining the average daily membership of any one
school
district.
Sec. 3311.76. (A) Notwithstanding Chapters 3302., 3306., and
3317. of the Revised Code, upon written request of the district
chief
executive officer the
state superintendent of public
instruction may exempt a municipal school
district from any rules
adopted under Title XXXIII of the Revised Code
except for any rule
adopted under Chapter 3307. or 3309., sections
3319.07 to 3319.21,
or Chapter 3323. of the Revised Code, and may authorize a
municipal school district to apply funds allocated to the district
under
Chapter Chapters 3306. and 3317. of the Revised Code, except
those specifically allocated to purposes
other than current
expenses, to the payment of debt charges on the district's
public
obligations. The request must specify the provisions from which
the
district is seeking exemption or the application requested and
the reasons for
the request. The state superintendent shall
approve the request if the
superintendent finds the requested
exemption or application is in the best
interest of the district's
students. The superintendent shall approve or
disapprove the
request within thirty days and shall notify the district board
and
the district chief executive officer of approval or reasons for
disapproving the request.
(B) In addition to the rights, authority, and duties
conferred
upon a municipal school district and its board of
education in sections
3311.71 to 3311.76 of the Revised Code, a
municipal school district and its board shall have all of the
rights,
authority, and duties
conferred upon a city school
district and its board by law that are not
inconsistent with
sections 3311.71 to 3311.76 of the Revised Code.
Sec. 3313.41. (A) Except as provided in divisions (C),
(D),
and
(F), and (G) of this section, when a board of education
decides to
dispose of real or personal property that it owns in
its corporate
capacity and that exceeds in value ten thousand
dollars, it
shall
sell the property at public auction, after
giving at least
thirty
days' notice of the auction by publication
in a newspaper
of
general circulation or by posting notices in
five of the most
public places in the school district in which the
property, if it
is real property, is situated, or, if it is
personal property, in
the school district of the board of
education that owns the
property. The board may offer real
property for sale as an
entire
tract or in parcels.
(B) When the board of education has offered real or
personal
property for sale at public auction at least once pursuant to
division
(A) of this section, and the property has not been sold,
the
board may sell it at a private sale. Regardless of how it was
offered at public auction, at a private sale, the board shall, as
it considers best, sell real property as an entire tract or in
parcels, and personal property in a single lot or in several
lots.
(C) If a board of education decides to dispose of real or
personal property that it owns in its corporate capacity and that
exceeds in value ten thousand dollars, it may sell the property
to
the adjutant general; to any subdivision or taxing authority as
respectively defined in divisions (A) and (C) of section 5705.01
of the
Revised Code, township park district, board of park
commissioners
established under Chapter 755. of the Revised Code,
or park
district established under Chapter 1545. of the Revised
Code; to
a wholly or partially tax-supported university,
university
branch, or college; or to the board of
trustees of a
school district library, upon such terms as are
agreed upon. The
sale of real or personal property to the board
of trustees of a
school district library is limited, in the case
of real property,
to a school district library within whose
boundaries the real
property is situated, or, in the case of
personal property, to a
school district library whose boundaries
lie in whole or in part
within the school district of the selling
board of education.
(D) When a board of education decides to trade as a part
or
an entire consideration, an item of personal property on the
purchase price of an item of similar personal property, it may
trade the same upon such terms as are agreed upon by the parties
to the trade.
(E) The president and the treasurer of the board of
education
shall execute and deliver deeds or other necessary
instruments of
conveyance to complete any sale or trade under
this
section.
(F) When a board of education has identified a parcel of
real
property that it determines is needed for school purposes,
the
board may, upon a majority vote of the members of the board,
acquire that property by exchanging real property that the board
owns in its corporate capacity for the identified real property or
by using real property that the board owns in its corporate
capacity as part or an entire consideration for the purchase price
of the
identified real property. Any exchange or acquisition made
pursuant to this
division shall be made by a conveyance executed
by the president and the
treasurer of the board.
(G)(1) When a school district board of education decides to
dispose of real property suitable for use as classroom space,
prior to disposing of that property under divisions (A) to (F)
of
this section, it shall first offer that property for sale to
the
governing authorities of the start-up community schools
established under Chapter 3314. of the Revised Code located
within
the territory of the school district, at a price that is
not
higher than the appraised fair
market value of that property.
If
more than one community school
governing authority accepts the
offer made by the school district
board,
the board shall sell the
property to the governing authority that accepted the offer first
in time. If no
community school governing authority accepts
the
offer within sixty days after the offer is made by the school
district board, the board may dispose of the property in the
applicable manner prescribed under divisions (A) to (F) of this
section.
(2) When a school district board of education has not used
real property suitable for classroom space for academic
instruction, administration, storage, or any other educational
purpose for one full school year and has not adopted a resolution
outlining a plan for using that property for any of those purposes
within the next three school years, it shall offer that property
for sale to the governing authorities of the start-up community
schools established under Chapter 3314. of the Revised Code
located within the territory of the school district, at a price
that is not higher than the appraised fair market value of that
property. If more than one community school governing authority
accepts the offer made by the school district board, the board
shall sell the property to the governing authority that accepted
the offer first in time.
(H) When a school district board of education has property
that the board, by resolution, finds is not needed for school
district use, is obsolete, or is unfit for the use for which it
was acquired, the board may donate that property in accordance
with this division if the fair market value of the property is, in
the opinion of the board, two thousand five hundred dollars or
less.
The property may be donated to an eligible nonprofit
organization that is located in this state and is exempt from
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3).
Before donating any property under this
division, the board shall
adopt a resolution expressing its intent
to make unneeded,
obsolete, or unfit-for-use school district property
available to
these organizations. The resolution shall include
guidelines and
procedures the board considers to be necessary to
implement the
donation program and shall indicate whether the
school district
will conduct the donation program or the board will
contract with
a representative to conduct it. If a representative
is known when
the resolution is adopted, the resolution shall
provide contact
information such as the representative's name,
address, and
telephone number.
The resolution shall include within its procedures a
requirement that any nonprofit organization desiring to obtain
donated property under this division shall submit a written notice
to the board or its representative. The written notice shall
include evidence that the organization is a nonprofit organization
that is located in this state and is
exempt from federal income
taxation pursuant to 26 U.S.C. 501(a)
and (c)(3); a description of
the organization's primary purpose; a
description of the type or
types of property the organization
needs; and the name, address,
and telephone number of a person
designated by the organization's
governing board to receive
donated property and to serve as its
agent.
After adoption of the resolution, the board shall publish, in
a newspaper of general circulation in the school district, notice
of its
intent to donate unneeded, obsolete, or unfit-for-use
school district
property to eligible nonprofit organizations. The
notice shall
include a summary of the information provided in the
resolution
and shall be published at least twice. The second and
any
subsequent notice shall be published not less than ten nor
more
than twenty days after the previous notice. A similar notice
also
shall be posted continually in the board's office, and, if
the
school district maintains a web site on the internet, the
notice shall be
posted continually at that web site.
The board or its representatives shall maintain a list of all
nonprofit organizations that notify the board or its
representative of their desire to obtain donated property under
this division and that the board or its representative determines
to be eligible, in accordance with the requirements set forth in
this section and in
the donation program's guidelines and
procedures, to receive
donated property.
The board or its representative also shall maintain a list of
all school district property the board finds to be unneeded,
obsolete, or
unfit for use and to be available for donation under
this
division. The list shall be posted continually in a
conspicuous
location in the board's office, and, if the school
district maintains a
web site on the internet, the list shall be
posted continually at
that web site. An item of property on the
list shall be donated
to the eligible nonprofit organization that
first declares to the
board or its representative its desire to
obtain the item unless
the board previously has established, by
resolution, a list of
eligible nonprofit organizations that shall
be given priority with
respect to the item's donation. Priority
may be given on the
basis that the purposes of a nonprofit
organization have a direct
relationship to specific school
district purposes of programs provided or
administered by the
board. A resolution giving priority to
certain nonprofit
organizations with respect to the donation of an
item of property
shall specify the reasons why the organizations
are given that
priority.
Members of the board shall consult with the Ohio ethics
commission, and comply with Chapters 102. and 2921. of the Revised
Code, with respect to any donation under this division to a
nonprofit organization of which a board member, any member of a
board member's family, or any business associate of a board member
is a trustee, officer, board member, or employee.
Sec. 3313.48. (A) The board of education of each city,
exempted village, local, and joint vocational school district
shall provide for the free education of the youth of school age
within the district under its jurisdiction, at such places as
will
be most convenient for the attendance of the largest number
thereof. Except as provided in section 3313.481 of the Revised
Code, each school so provided shall be open for instruction with
pupils in attendance for as prescribed by division (B) of this
section.
(B) Each school shall be open for instruction as follows:
(1) In each learning year prior to the learning year that
begins July 1, 2009, not less than one hundred eighty-two
days in
each school year, which;
(2) In each of the learning years beginning on July 1, 2009,
and July 1, 2010, respectively, not less than one hundred
eighty-six days;
(3) In each of the learning years beginning on July 1, 2011,
and July 1, 2012, respectively, not less than one hundred ninety
days;
(4) In each of the learning years beginning on July 1, 2013,
and July 1, 2014, respectively, not less than one hundred
ninety-four days;
(5) In each of the learning years beginning on July 1, 2015,
and July 1, 2016, respectively, not less than one hundred
ninety-eight days;
(6) In the learning year that begins on July 1, 2017, and in
each learning year thereafter, not less than two hundred two days.
(C) The minimum learning year prescribed by division (B) of
this section may include all of the following:
(A)(1) Up to four school days per year in which classes are
dismissed one-half day early or the equivalent amount of time
during a different number of days for the purpose of
individualized parent-teacher conferences and reporting periods;
(B)(2) Up to two days for professional meetings of teachers
when such days occur during a regular school week and schools are
not in session;
(C)(3) The number of days the school is closed as a result
of
public calamity, as provided in section 3317.01 of the Revised
Code.
(D) The state board of education shall adopt standards for
defining "school the minimum number of hours for a "learning day"
as used in sections 3313.48 and 3317.01 of
the Revised Code.
Except as otherwise provided in this section, each learning
day for
grades seven through twelve shall consist of not less than
five
clock hours with pupils in attendance, except in such
emergency
situations, including lack of classroom space, as are
approved by
the state board of education. Except as otherwise
provided in
this section, each learning day for grades one through
six shall consist
of not less than five clock hours with pupils in
attendance which
may include fifteen minute morning and afternoon
recess periods,
except in such emergency situations, including
lack of classroom
space, as are approved by the state board of
education.
Sec. 3313.481. (A) With the approval of the department of
education, a board of education of a city, exempted village,
local, or joint vocational school district may operate any of its
schools on a schedule other than that required by section 3313.48
of the Revised Code in order to do any of the following:
(1) To provide a flexible school day during which may be
held
parent-teacher conferences and reporting periods involving
time in
excess of that permitted to be credited toward
fulfillment of the
minimum school year under section 3313.48 of
the Revised Code;
(2) To establish and maintain a calendar of quarters,
trimesters, or pentamesters;
(3) To provide staggered attendance schedules if it
receives
approval to do so from the department of education.
(B) A school district operating a school under this
section
shall have such school open for instruction for each
pupil
enrolled in that school for at least the following:
(1) For each learning year prior to the learning year that
begins on July 1, 2009,
nine hundred ten hours
during the school
year.;
(2) In each of the learning years beginning on July 1, 2009,
and July 1, 2010, respectively, nine hundred thirty hours;
(3) In each of the learning years beginning on July 1, 2011,
and July 1, 2012, respectively, nine hundred fifty hours;
(4) In each of the learning years beginning on July 1, 2013,
and July 1, 2014, respectively, nine hundred seventy hours;
(5) In each of the learning years beginning on July 1, 2015,
and July 1, 2016, respectively, nine hundred ninety hours;
(6)In the learning year that begins on July 1, 2017, and in
each learning year thereafter, one thousand ten hours.
(C)
For purposes of determining whether a
school that is on a
staggered attendance schedule is in
compliance with this section
in any school learning year, the department
of education may
include days the school was open for instruction
with pupils in
attendance for not more than the first seventy
days of the ensuing
school learning year provided such days are not
considered as days
the school was open for instruction during
such ensuing school
learning year. The following shall be considered as
time during
which the schools are open for instruction for a
pupil enrolled in
such a school, or for a pupil enrolled in a
school that is not on
a staggered attendance schedule but that
operates under this
section:
(1) Morning and afternoon recess periods of not more than
fifteen minutes duration per period for a pupil in grades one
through six;
(2) Ten hours during which the pupil would otherwise be in
attendance but when he is not required to attend school in order
to provide time for individualized parent-teacher conferences and
reporting periods;
(3) Ten hours during which the pupil would otherwise be in
attendance but is not required to attend school in order to
provide time for teachers to attend professional meetings;
(4) The number of hours pupils would otherwise be in
attendance but are not required to attend because school is
closed
as a result of a public calamity as provided in section
3317.01 of
the Revised Code.
(C)(D) No board of education shall discriminate on the basis
of sex, race, religion, or national origin when assigning pupils
to attendance schedules pursuant to this section.
Sec. 3313.482. (A) Annually, prior to the first day of
September, the board of
education of each city, local, and
exempted village school district shall
adopt a resolution
specifying a contingency plan under which the district's
students
will make up days on which it was necessary to close schools for
any
of the reasons specified in division (B) of section 3317.01 of
the Revised
Code, if any such days must be made up in order to
comply with the
requirements of that section and sections 3313.48
and 3313.481 of the Revised
Code. The resolution shall provide in
the plan for making up at least five
full school learning days.
If, after
the first day of September, the
board determines that
the
district is unable to implement the
contingency plan as
originally adopted, the board may adopt a
resolution to amend the
plan, but in no case shall the amended
plan provide for making up
less than five full learning days. No
resolution adopted pursuant
to this
division shall conflict with
any collective
bargaining
agreement into which a board has entered
pursuant to Chapter
4117.
of the Revised Code and that is in
effect in the district.
(B) Notwithstanding the content of the contingency
plan it
adopts under division (A) of this
section, if a school district
closes or evacuates any school
building as a result of a bomb
threat or any other report of an alleged
or
impending explosion,
and if, as a result of the closing or
evacuation, the
school
district would be unable to meet the
requirements of sections
3313.48,
3313.481, and 3317.01 of the
Revised Code regarding the
number of days schools must
be open for
instruction or the
requirements of the state minimum standards for
the school
learning day
that are established by the department of education
regarding
the
number of hours there must be in the school
learning day, the
school
district may
increase the length of one
or more other
school learning days
for the school that was
closed or evacuated, in
increments of
one-half hour, to make up
the number of
hours or
days that the
school building in question
was so closed or
evacuated
for the
purpose of satisfying the
requirements of those
sections
regarding the
number of days
schools must be open for
instruction
or the requirements of
those standards regarding the
number of
hours there must be in
the school learning day.
(C) If a school district closes or evacuates any school
building for any of the reasons specified in division (B) of
section 3317.01 of the Revised Code, and if for that school the
total number of full school learning days specified in the
district's
contingency plan adopted under division (A) of this
section is
insufficient to enable the school district to meet the
requirements of sections 3313.48, 3313.481, and 3317.01 of the
Revised Code regarding the number of days schools must be open for
instruction or the requirements of the state minimum standards for
the school learning day that are established by the department of
education
regarding the number of hours there must be in the
school learning day, the
school district may increase the length
of one or more other
school learning days for the school that was
closed or evacuated, in
increments of one-half hour, to make up
the number of hours or
days that the school building in question
was so closed or
evacuated for the purpose of satisfying the
requirements of those
sections regarding the number of days
schools must be open for
instruction or the requirements of those
standards regarding the
number of hours there must be in the
school learning day. The district
shall not be required to
actually make up any of the days
specified in the district's
contingency plan prior to increasing
the length of one or more
school learning days to make up the shortage of
hours or days
caused by the school's closure or evacuation, but in
no case
shall the district fail to make up the total number of
full
school learning days specified in the contingency plan in
accordance
with that plan.
(D) If a school district closes or evacuates a school
building as a result of a bomb threat or any other report of an
alleged or impending explosion and also closes or evacuates that
school building on a different day for any of the reasons
specified in division (B) of section 3317.01 of the Revised Code,
division (B) of this section applies regarding the closing or
evacuation of the school building as a result of the bomb threat
or report of an alleged or impending explosion and division (C) of
this section applies regarding the closing or evacuation of the
school building for the reason specified in division (B) of
section 3317.01 of the Revised Code.
Notwithstanding the provisions of sections 3313.48, 3313.481,
and 3317.01 of
the
Revised Code and the requirements of the state
minimum
standards
for the school learning day that are
established by the
department of
education and notwithstanding
the content of the
contingency plan
it adopts
under division (A)
of this section
regarding the closing or evacuation of a school
building as a
result of a bomb threat or any other report of an
alleged or
impending explosion, a school
district
that makes up,
as
described in division (B) or (C) of this section, all of the
hours or
days
that its school buildings were closed or
evacuated
for any of the reasons identified in division (B) or (C)
of this
section shall
be deemed to have
complied with the
requirements
of those sections
regarding the number of days
schools must be
open for instruction
and the requirements of
those minimum
standards regarding the
number of hours there must
be in the
school learning day.
Sec. 3313.483. (A) A board of education, upon the
adoption
of a resolution stating that it may be financially
unable to open
on the day or to remain open for instruction on
all days set forth
in its adopted school calendar and pay all
obligated expenses, or
the superintendent of public instruction
upon the issuance of
written notification under division
(B) of section 3313.489 of the
Revised Code, shall request
the auditor
of state to determine
whether such situation exists. The auditor
shall deliver a copy of
each request from a board of education to
the superintendent of
public instruction. In the case of a
school district not under a
fiscal emergency pursuant to Chapter
3316. of the Revised Code the
auditor shall not issue a finding under this
section until written
notification is received from the superintendent
pursuant to
section 3313.487 of the Revised Code.
(B) If the auditor of state finds that the board of
education
has attempted to avail itself to the fullest extent
authorized by
law of all lawful revenue sources available to it
except those
authorized by section 5705.21 of the Revised Code,
the auditor
shall certify that finding to the superintendent
of public
instruction and the state board of education and shall certify
the
operating deficit the district will have at the end of the
fiscal
year if it commences or continues operating its
instructional
program in accordance with its adopted school
calendar and pays
all obligated expenses.
(C) No board of education may delay the opening of its
schools or close its schools for financial reasons. Upon the
request of the superintendent of public instruction, the attorney
general shall seek injunctive relief and any other relief
required
to enforce this prohibition in the court of common pleas
of
Franklin county. The court of common pleas of Franklin county
has
exclusive original jurisdiction over all such actions.
(D) Upon the receipt of any certification of an operating
deficit from the auditor of state, a board of education shall
make
application to a commercial bank, underwriter, or other
prospective lender or purchaser of its obligations for a loan in
an amount sufficient to enable the district to open or remain
open
for instruction on all days set forth in its adopted school
calendar but not to exceed the amount of the deficit certified.
(E)(1) Any board of education that has applied for and
been
denied a loan from a commercial bank, underwriter, or other
prospective lender or purchaser of its obligations pursuant to
division (D) of this section shall submit to the superintendent
of
public instruction a plan for implementing reductions in the
school district's budget; apply for a loan from a commercial
bank,
underwriter, or other prospective lender or purchaser of
its
obligations in an amount not to exceed its certified deficit;
and
provide the superintendent such information as the
superintendent
requires concerning its application for such a loan.
The board of
education of a school district declared to be under a fiscal
watch
pursuant to division (A) of section 3316.03 of the Revised Code
may,
upon approval of the superintendent, utilize the financial
plan required by
section 3316.04 of the Revised Code, or
applicable parts thereof, as the plan
required under this
division. The board of education of a school district
declared to
be under a fiscal emergency pursuant to division (B) of section
3316.03 of the Revised Code may utilize the financial recovery
plan for the
district, or applicable parts thereof, as the plan
required under this
division. Except for the plan of a school
district under a fiscal emergency,
the superintendent shall
evaluate, make recommendations concerning, and
approve or
disapprove each plan. When a plan is submitted, the
superintendent
shall immediately notify the members of the
general assembly whose
legislative districts include any or all
of the territory of the
school district submitting the plan.
(2) The superintendent shall submit to the controlling
board
a copy of each plan the superintendent approves,
or each plan
submitted by a district under a fiscal emergency pursuant to
division (B) of section 3316.03 of the Revised Code, and the
general
terms of each proposed loan, and shall make
recommendations regarding the plan
and whether a proposed loan to
the board of education should be approved for
payment as provided
in division (E)(3) of this section. The controlling board
shall
approve or disapprove the
plan and the proposed loan presented to
it by the superintendent.
In the case of a district not under a
fiscal emergency pursuant to division
(B) of section 3316.03 of
the Revised Code, the controlling board may require a
board of
education to implement the superintendent's recommendations for
expenditure
reductions or impose other requirements. Loan
repayments shall
be in accordance with a schedule approved by the
superintendent,
except that the principal amount of the loan shall
be payable in
monthly, semiannual, or annual installments of
principal and
interest that are substantially equal principal and
interest
installments. Except as otherwise provided in division
(E)(2) of
this section, repayment shall be made no later than the
fifteenth
day of June of the second fiscal year following the
approval of
the loan. A school district with a certified deficit
in excess
of either twenty-five million dollars or fifteen per
cent of the
general fund expenditures of the district during the
fiscal year
shall repay the loan no later than the fifteenth day
of June of
the tenth fiscal year following the approval of the
loan. In
deciding whether to approve or disapprove a proposed
loan, the
controlling board shall consider the deficit certified
by the
auditor of state pursuant to this section. A board of
education
that has an outstanding loan approved pursuant to this
section
with a repayment date of more than two fiscal years after
the
date of approval of such loan may not apply for another loan
with
such a repayment date until the outstanding loan has been
repaid.
(3) If a board of education has submitted and received
controlling board approval of a plan and proposed loan in
accordance with this section, the superintendent of public
instruction shall report to the controlling board the actual
amounts loaned to the board of education. Such board of
education
shall request the superintendent to pay any funds the
board of
education would otherwise receive pursuant to sections
3317.022 to
3317.025 Chapters 3306. and 3317. of the Revised Code first
directly to the
holders of the board of education's notes, or an
agent thereof,
such amounts as are specified under the terms of
the loan. Such
payments shall be made only from and to the extent
of money
appropriated by the general assembly for purposes of such
sections. No note or other obligation of the board of education
under the loan constitutes an obligation nor a debt or a pledge
of
the faith, credit, or taxing power of the state, and the
holder or
owner of such note or obligation has no right to have
taxes levied
by the general assembly for the payment of such note
or
obligation, and such note or obligation shall contain a
statement
to that effect.
(4) Pursuant to the terms of such a loan, a board of
education may issue its notes in anticipation of the collection
of
its voted levies for current expenses or its receipt of such
state
funds or both. Such notes shall be issued in accordance
with
division (E) of section 133.10 of the Revised Code and
constitute
Chapter 133. securities to the extent such division
and the
otherwise applicable provisions of Chapter 133. of the
Revised
Code are not inconsistent with this section, provided
that in any
event sections 133.24 and 5705.21 and divisions (A),
(B), (C), and
(E)(2) of section 133.10 of the Revised Code do not
apply to such
notes.
(5) Notwithstanding section 133.36 or 3313.17, any other
section of the Revised Code, or any other provision of law, a
board of education that has received a loan under this section
may
not declare bankruptcy, so long as any portion of such loan
remains unpaid.
(F) Under this section and sections 3313.4810 and 3313.4811,
"board of
education" or "district board" includes the financial
planning and supervision
commission of a school district under a
fiscal emergency pursuant to Chapter
3316. of the Revised Code
where such commission chooses to exercise the powers
and duties
otherwise required of the district board of education under this
section and sections 3313.4810 and 3313.4811 of the Revised Code.
Sec. 3313.485. Notwithstanding any provision to the contrary
in
sections 3313.48 and 3313.481 or in Chapter 4117. of the
Revised
Code, the requirements of divisions (B)(2) to (6) of
section
3313.48 and divisions (B)(2) to (6) of section 3313.481
of the
Revised Code do not prevail over conflicting provisions in
a valid
collective bargaining agreement entered into prior to the
effective date of this section. However, any collective bargaining
agreement entered into, renewed, or amended on or after the
effective date of this section shall comply with the requirements
of divisions (B)(2) to (6) of section 3313.48, as applicable, or
divisions (B)(2) to (6) of section 3313.481 of the Revised Code,
as applicable.
Sec. 3313.53. (A) As used in this section:
(1) "Licensed individual" means an individual who holds a
valid educator license, certificate, or permit issued by the state
board of education under section 3319.22, 3319.26, or 3319.27,
3319.302, or 3319.304 of the Revised Code.
(2) "Nonlicensed individual" means an individual who does not
hold a valid educator license, certificate, or permit issued by
the state board of education under section 3319.22, 3319.26, or
3319.27, 3319.302, or 3319.304 of the Revised Code.
(B) The board of education of any city, exempted
village, or
local school district may establish and maintain in
connection
with the public school systems:
(1) Manual training, industrial arts, domestic science,
and
commercial departments;
(2) Agricultural, industrial, vocational, and trades
schools.
Such board may pay from the public school funds, as other
school expenses are paid, the expenses of establishing and
maintaining such departments and schools and of directing,
supervising, and coaching the pupil-activity programs in music,
language, arts, speech, government, athletics, and any others
directly related to the curriculum.
(C) The board of education of any city, exempted village, or
local school district may employ a nonlicensed individual to
direct, supervise, or coach a pupil-activity program as long as
that individual holds a valid pupil-activity program permit issued
by the state board of education under division (A) of section
3319.303 of the Revised Code.
(D)(1) Except as provided in division (D)(2) of this section,
a nonlicensed individual who holds a valid pupil-activity program
permit may be employed under division (C) of this section only
after the school district's board of education adopts a
resolution
stating that it has offered such position to those
employees of
the district who are licensed individuals and no such
employee
qualified to fill the position has accepted it, and has
then
advertised the position as available to any licensed individual
who is qualified to fill it and who is not
employed by the board,
and no such person has applied for and
accepted the position.
(2) A board of education may renew the contract of any
nonlicensed individual, currently employed by the board under
division (C) of this section for one or more years, without first
offering the position held by that individual to employees of the
district who are licensed individuals or advertising the position
as available to any qualified licensed individuals who are not
currently employed by the board as otherwise required under
division (D)(1) of this section.
(E) A nonlicensed individual employed under this section
is a
nonteaching employee and is not an educational assistant as
defined in section 3319.088 of the Revised Code. A nonlicensed
individual may direct, supervise, or coach a pupil-activity
program under this section as long as that pupil-activity program
does not include any class or
course required or offered for
credit toward a pupil's promotion
to the next grade or for
graduation, or any activity conducted as
a part of or required for
such a class or course. A
nonlicensed individual employed under
this section may
perform only the duties of the director,
supervisor, or coach of
the pupil-activity program for which the
nonlicensed
individual is employed.
(F) The board shall fix the compensation of each nonlicensed
individual employed under this section, which shall be the same
amount as the
position was or would be offered to the district's
licensed employees,
and execute a written contract with the
nonlicensed
individual for a term not to exceed
one year. The
contract shall specify the compensation, duration,
and other terms
of employment, and the compensation shall not be
reduced unless
such reduction is a part of a uniform plan
affecting the entire
district.
If the state board suspends, revokes, or limits the
pupil-activity program permit of a nonlicensed individual, the
school district board may terminate or suspend the employment
contract of that individual. Otherwise, no contract issued under
this
section shall be terminated or suspended except pursuant to
the
procedure established by division (C) of section 3319.081 of
the
Revised Code.
Sec. 3313.532. (A) Any person twenty-two or more years of
age and enrolled in an adult high school continuation program
established pursuant to section 3313.531 of the Revised Code may
request the board of education operating the program to conduct
an
evaluation in accordance with division (C) of this section.
(B) Any applicant to a board of education for a diploma of
adult education under division (B) of section 3313.611 of the
Revised Code may request the board to conduct an evaluation in
accordance with division (C) of this section.
(C) Upon the request of any person pursuant to division
(A)
or (B) of this section, the board of education to which the
request is made shall evaluate the person to determine whether
the
person is disabled, in accordance with rules adopted
by
the
state
board of education. If the evaluation indicates that
the
person is
disabled, the board shall determine
whether to
excuse
the person
from taking any of the tests assessments required
by
division (B)
of section
3301.0710 of the Revised Code
as a
requirement for
receiving a
diploma under section 3313.611 of the
Revised Code.
The board may
require the person to take an
alternate assessment
in place of
any test from which the person is
so excused.
Sec. 3313.533. (A) The board of education of a city,
exempted
village, or local school district may adopt a resolution
to establish and
maintain an alternative school in accordance with
this section. The
resolution shall specify, but not necessarily
be
limited to, all of the
following:
(1) The purpose of the school, which
purpose shall be to
serve students who are on suspension, who are having
truancy
problems, who are experiencing academic failure, who have a
history of
class disruption, who are exhibiting other academic
or
behavioral problems
specified in the resolution, or who have been
discharged or released from the custody of the department of youth
services under section 5139.51 of the Revised Code;
(2) The grades served by the school,
which may include any
of
grades kindergarten through twelve;
(3) A requirement that the school be operated in accordance
with this
section. The board of education adopting the resolution
under division
(A)
of this section shall be the governing board of
the alternative school. The
board shall develop and implement a
plan for the school in accordance with the
resolution establishing
the school and in accordance with this section.
Each plan shall
include, but not necessarily be limited to, all of the
following:
(a) Specification of the reasons for which students will be
accepted for
assignment to the school and any criteria for
admission that are to be used by
the board to approve or
disapprove the assignment of
students to the school;
(b) Specification of the criteria and procedures that will
be
used for returning students who have been assigned to the
school
back to the
regular education program of the district;
(c) An evaluation plan for assessing the effectiveness of
the
school and
its educational program and reporting the results
of
the evaluation to the
public.
(B) Notwithstanding any
provision of
Title XXXIII of the
Revised Code to the
contrary, the alternative school plan may
include any of the
following:
(1) A requirement that on each school learning day students
must
attend school or
participate in other
programs specified in
the
plan or by the chief administrative officer of the
school for
a
period equal to the minimum school learning day set by the state
board of
education under section 3313.48 of the Revised Code plus
any
additional time
required in the
plan or by the chief
administrative officer;
(2) Restrictions on student participation in
extracurricular
or interscholastic activities;
(3) A requirement that students wear uniforms prescribed by
the
district board of education.
(C) In accordance with the alternative school plan, the
district
board of education may employ teachers and nonteaching
employees necessary to
carry out its duties and fulfill its
responsibilities
or may contract with a nonprofit or for profit
entity to operate the alternative school, including the provision
of personnel, supplies, equipment, or facilities.
(D) An alternative school may be
established in all or part
of a school building.
(E) If a district board
of education elects under this
section, or is required by
section 3313.534 of the Revised
Code,
to establish an
alternative school, the district board may join
with the
board of education of one or more other districts to form
a
joint alternative school by forming a cooperative education
school district under section 3311.52 or 3311.521 of the
Revised
Code, or a joint educational
program under section 3313.842 of the
Revised
Code.
The authority to employ personnel or to contract
with a nonprofit or for profit entity under division (C) of this
section applies to any alternative school program established
under this division.
(F) Any individual employed as a teacher at an alternative
school
operated by a nonprofit or for profit entity under this
section
shall be licensed and shall be subject to background
checks, as
described in section 3319.39 of the Revised Code, in
the same
manner as an individual employed by a school district.
(G) Division (G) of this section applies only to any
alternative school that is operated by a nonprofit or for profit
entity under contract with the school district.
(1) In addition to the specifications authorized under
division (B) of this section, any plan adopted under that division
for an alternative school to which division (G) of this section
also applies shall include the following:
(a) A description of the educational program provided at
the
alternative school, which shall include:
(i) Provisions for the school to be configured in clusters
or
small learning communities;
(ii) Provisions for the incorporation of education
technology
into the curriculum;
(iii) Provisions for accelerated learning programs in
reading
and mathematics.
(b) A method to determine the reading and mathematics level
of each student assigned to the alternative school and a method to
continuously monitor each student's progress in those areas. The
methods employed under this division shall be aligned with the
curriculum adopted by the school district board of education under
section 3313.60 of the Revised Code.
(c) A plan for social services to be provided at the
alternative school, such as, but not limited to, counseling
services, psychological support services, and enrichment programs;
(d) A plan for a student's transition from the alternative
school back to a school operated by the school district;
(e) A requirement that the alternative school maintain
financial records in a manner that is compatible with the form
prescribed for
school districts by the auditor of state to enable
the district to comply with any rules adopted by the auditor of
state.
(2) Notwithstanding division (A)(2) of this section, any
alternative school to which division (G) of this section applies
shall include only grades six through twelve.
(3) Notwithstanding anything in division (A)(3)(a) of this
section to the contrary, the characteristics of students who may
be assigned to an alternative school to which division (G) of this
section applies shall include only disruptive and low-performing
students.
(H) When any district board of education determines to
contract with a nonprofit or for profit entity to operate an
alternative school under this section, the board shall use the
procedure set forth in this division.
(1) The board shall publish notice of a request for proposals
in a newspaper of general circulation in the district once each
week for a period of at least two consecutive weeks prior to the
date specified by the board for receiving proposals. Notices of
requests for proposals shall contain a general description of the
subject of the proposed contract and the location where the
request for proposals may be obtained. The request for proposals
shall include all of the following information:
(a) Instructions and information to respondents concerning
the submission of proposals, including the name and address of the
office where proposals are to be submitted;
(b) Instructions regarding communications, including at least
the names, titles, and telephone numbers of persons to whom
questions concerning a proposal may be directed;
(c) A description of the performance criteria that will be
used to evaluate whether a respondent to which a contract is
awarded is meeting the district's educational standards or the
method by which such performance criteria will be determined;
(d) Factors and criteria to be considered in evaluating
proposals, the relative importance of each factor or criterion,
and a description of the evaluation procedures to be followed;
(e) Any terms or conditions of the proposed contract,
including any requirement for a bond and the amount of such bond;
(f) Documents that may be incorporated by reference into the
request for proposals, provided that the request for proposals
specifies where such documents may be obtained and that such
documents are readily available to all interested parties.
(2) After the date specified for receiving proposals, the
board shall evaluate the submitted proposals and may hold
discussions with any respondent to ensure a complete understanding
of the proposal and the qualifications of such respondent to
execute the proposed contract. Such qualifications shall include,
but are not limited to, all of the following:
(a) Demonstrated competence in performance of the required
services as indicated by effective implementation of educational
programs in reading and mathematics and at least three years of
experience successfully serving a student population similar to
the student population assigned to the alternative school;
(b) Demonstrated performance in the areas of cost
containment, the provision of educational services of a high
quality, and any other areas determined by the board;
(c) Whether the respondent has the resources to undertake the
operation of the alternative school and to provide qualified
personnel to staff the school;
(d) Financial responsibility.
(3) The board shall select for further review at least three
proposals from respondents the board considers qualified to
operate the alternative school in the best interests of the
students and the district. If fewer than three proposals are
submitted, the board shall select each proposal submitted. The
board may cancel a request for proposals or reject all proposals
at any time prior to the execution of a contract.
The board may hold discussions with any of the three selected
respondents to clarify or revise the provisions of a proposal or
the proposed contract to ensure complete understanding between the
board and the respondent of the terms under which a contract will
be entered. Respondents shall be accorded fair and equal
treatment
with respect to any opportunity for discussion regarding
clarifications or revisions. The board may terminate or
discontinue any further discussion with a respondent upon written
notice.
(4) Upon further review of the three proposals selected by
the board, the board shall award a contract to the respondent the
board considers to have the most merit, taking into consideration
the scope, complexity, and nature of the services to be performed
by the respondent under the contract.
(5) Except as provided in division (H)(6) of this section,
the request for proposals, submitted proposals, and related
documents shall become public records under section 149.43 of the
Revised Code after the award of the contract.
(6) Any respondent may request in writing that the board not
disclose confidential or proprietary information or trade secrets
contained in the proposal submitted by the respondent to the
board. Any such request shall be accompanied by an offer of
indemnification from the respondent to the board. The board shall
determine whether to agree to the request and shall inform the
respondent in writing of its decision. If the board agrees to
nondisclosure of specified information in a proposal, such
information shall not become a public record under section 149.43
of the Revised Code. If the respondent withdraws its proposal at
any time prior to the execution of a contract, the proposal shall
not be a public record under section 149.43 of the Revised Code.
(I)
Upon a recommendation from the department and in
accordance with section 3301.16 of the Revised Code, the state
board of education may revoke the charter of any alternative
school operated by a school district that violates this section.
Sec. 3313.536. (A) The board of education of each city,
exempted
village, and local school district and the governing
authority of each chartered nonpublic school shall adopt a
comprehensive
school safety plan for each school building under
the board's or governing authority's
control. The board or
governing authority shall examine the environmental
conditions and
operations of each building to determine
potential hazards to
student and staff safety and shall propose
operating changes to
promote the prevention of potentially
dangerous problems and
circumstances. In developing the plan
for each building, the
board
or governing authority shall involve
community law enforcement and
safety
officials, parents of
students who are assigned to the
building,
and teachers and
nonteaching employees who are assigned
to the
building.
The board or governing authority shall consider
incorporating remediation
strategies into the plan for any
building where documented safety
problems have occurred.
The board or governing authority shall incorporate into the
plan both of the
following:
(1) A protocol for
addressing serious threats to the safety
of school property,
students, employees, or administrators;
(2) A protocol for
responding to any emergency events that
do
occur and that
compromise the safety of school property,
students,
employees, or
administrators.
Each protocol shall include procedures deemed appropriate
by
the board or governing authority for responding to threats and
emergency events,
respectively, including such things as
notification of
appropriate
law enforcement personnel, calling
upon specified
emergency
response personnel for assistance, and
informing
parents of
affected students. Prior to the opening day
of each school year, the board or governing authority shall inform
each student enrolled in the school and the student's parent of
the parental notification procedures included in the protocol.
(B) The board or governing authority shall update the safety
plan at least once every three years and whenever a major
modification to the building requires changes in the procedures
outlined in the plan.
(C) The board or governing authority shall file a copy of the
current safety plan and building blueprint with each law
enforcement agency that has jurisdiction over the school building
and, upon request, the fire department that serves the political
subdivision in which the school building is located. The board or
governing authority also shall file a copy of the current safety
plan and a floor plan of the building, but not a building
blueprint, with the attorney general, who shall post that
information on the Ohio law enforcement gateway or its successor.
Copies of safety plans, building blueprints, and floor plans
shall be filed as described in this division not later than the
ninety-first day after the effective date of this amendment March
30, 2007. If a board or governing authority revises a safety plan,
building blueprint, or floor plan after the initial filing, the
board or governing authority shall file copies of the revised
safety plan, building blueprint, or floor plan in the manner
described in this division not later than the ninety-first day
after the revision is adopted.
Copies of the safety plan and building blueprint are not a
public record pursuant to section 149.433 of the Revised Code.
Notwithstanding section 149.433 of the Revised Code, a
building floor plan filed with the attorney general pursuant to
this division is not a public record to the extent it is a record
kept by the attorney general. This paragraph does not affect the
status of a floor plan kept as a record by another public office.
The board or governing authority, each law enforcement agency
and fire department to which copies of the safety plan and
building blueprint are provided, and the attorney general shall
keep the copies in a secure place.
(D) The board or governing authority shall grant access to
each school building under its control to law enforcement
personnel to enable the personnel to hold training sessions for
responding to threats and emergency events affecting the building,
provided that the access occurs outside of student instructional
hours and an employee of the board or governing authority is
present in the building during the training sessions.
Sec. 3313.55. The board of education of any school
district
in which is located a state, district, county, or
municipal
hospital for children with epilepsy or
any public institution,
except state institutions for the care
and treatment of
delinquent, unstable, or socially maladjusted
children, shall make
provision for the education of all educable
children therein;
except that in the event another school
district within the same
county or an adjoining county is the
source of sixty per cent or
more of the children in said hospital
or institution, the board of
that school district shall make
provision for the education of all
the children therein. In any
case in which a board provides
educational facilities under this
section, the board that provides
the
facilities shall be entitled to all moneys authorized for
the
attendance of pupils as
provided in Chapter 3306. or 3317. of the
Revised Code, tuition as
provided in section 3317.08 of the
Revised Code, and such
additional compensation as is provided for
crippled children in
sections 3323.01 to 3323.12 of the Revised
Code. Any board
that provides the educational facilities for
children in county or
municipal institutions established for the
care and treatment of
children who are delinquent, unstable, or
socially maladjusted
shall not be entitled to any moneys provided
for crippled
children in sections 3323.01 to 3323.12 of the
Revised Code.
Sec. 3313.60. Notwithstanding division (D) of section
3311.52 of the Revised Code, divisions (A) to (E) of this section
do not apply to any cooperative education school district
established pursuant to divisions (A) to (C) of section 3311.52
of
the Revised Code.
(A) The board of education of each city and exempted village
school
district, the governing board of each educational
service
center, and the board of each cooperative education school
district established pursuant to section 3311.521 of the Revised
Code shall prescribe a curriculum for all schools under their
control. Except as provided in division (E) of this section, in
any such curriculum there shall be included the study of the
following subjects:
(1) The language arts, including reading, writing,
spelling,
oral and written English, and literature;
(2) Geography, the history of the United States and of
Ohio,
and national, state, and local government in the United
States,
including a balanced presentation of the relevant
contributions to
society of men and women of African, Mexican,
Puerto Rican, and
American Indian descent as well as other ethnic
and racial groups
in Ohio and the United States;
(4) Natural science, including instruction in the
conservation of natural resources;
(5) Health education, which shall include instruction in:
(a) The nutritive value of foods, including natural and
organically produced foods, the relation of nutrition to health,
the use and effects of food additives;
(b) The harmful effects of and legal restrictions against
the
use of drugs of abuse, alcoholic beverages, and tobacco;
(c) Venereal disease education, except that upon written
request of
the student's parent or guardian, a student shall
be
excused
from taking instruction in venereal disease education;
(d) In grades kindergarten through six, instruction in
personal safety and assault prevention, except that upon written
request of
the student's parent or guardian, a student shall
be
excused
from taking instruction in personal safety and assault
prevention.
(7) The fine arts, including music;
(8) First aid, including a training program in
cardiopulmonary resuscitation, safety, and fire prevention,
except
that upon written request of
the student's parent or
guardian,
a
student shall be excused from taking instruction in
cardiopulmonary resuscitation;
(9) In grade seven or eight, life and career-ready skills,
including financial literacy, entrepreneurship, career planning
and awareness, and any other skills identified by the
superintendent of public instruction. The state superintendent
shall issue program guidance and guidelines to assist with the
implementation of division (A)(9) of this section.
(B) Except as provided in division (E) of this section,
every
school or school district shall include in the requirements
for
promotion from the eighth grade to the ninth grade one year's
course of study of American history. A board may waive this
requirement for academically accelerated students who, in
accordance with procedures adopted by
the board, are able to
demonstrate mastery of essential concepts
and skills of the
eighth
grade American history course of study.
(C) Except as provided in division (E) of this section,
every
high school shall include in the requirements for
graduation
from
any curriculum one unit of American history and
government,
including a study of the constitutions of the United
States and of
Ohio.
(D) Except as provided in division (E) of this section,
basic
instruction in geography, United States history, the
government of
the United States, the government of the state of
Ohio, local
government in Ohio, the Declaration of Independence,
the United
States Constitution, and the Constitution of the state
of Ohio
shall be required before pupils may participate in
courses
involving the study of social problems, economics,
foreign
affairs, United Nations, world government, socialism and
communism.
(E) For each cooperative education school district
established pursuant to section 3311.521 of the Revised Code and
each city, exempted village, and local school district that has
territory within such a cooperative district, the curriculum
adopted pursuant to divisions (A) to (D) of this section shall
only include the study of the subjects that apply to the grades
operated by each such school district. The curriculums for such
schools, when combined, shall provide to each student of these
districts all of the subjects required under divisions (A) to (D)
of this section.
(F) The board of education of any cooperative education
school district established pursuant to divisions (A) to (C) of
section 3311.52 of the Revised Code shall prescribe a curriculum
for the subject areas and grade levels offered in any school
under
its control.
(G) Upon the request of any parent or legal guardian of a
student, the board of education of any school district shall
permit the parent or guardian to promptly examine, with respect to
the parent's or guardian's own child:
(1) Any survey or questionnaire, prior to its
administration
to the child;
(2) Any textbook, workbook, software, video, or other
instructional materials being used by the district in connection
with the instruction of the child;
(3) Any completed and graded test taken or survey or
questionnaire filled out by the child;
(4) Copies of the statewide academic standards and each
model
curriculum developed pursuant to section 3301.079 of the
Revised
Code, which copies shall be available at all times during
school
hours in each district school building.
Sec. 3313.603. (A) As used in this section:
(1) "One unit" means a
minimum of one hundred twenty hours
of
course
instruction, except that for
a laboratory course, "one
unit" means a minimum of
one hundred fifty hours of course
instruction.
(2) "One-half unit" means
a minimum of sixty hours of course
instruction, except that for physical
education courses, "one-half
unit" means a minimum of one hundred twenty hours
of course
instruction.
(B) Beginning September 15, 2001, except as required in
division (C) of this section and division (C) of section 3313.614
of the Revised Code, the
requirements for
graduation from every
high school shall include
twenty units earned in grades nine
through twelve and shall be
distributed as follows:
(1) English language arts, four units;
(2) Health, one-half unit;
(3) Mathematics, three units;
(4) Physical education, one-half unit;
(5) Science, two units until September 15, 2003, and three
units
thereafter, which at all times shall include both of the
following:
(a) Biological sciences, one
unit;
(b) Physical sciences, one
unit.
(6) Social studies, three units, which shall include both
of
the following:
(a) American history, one-half
unit;
(b) American government, one-half
unit.
(7) Elective units, seven units until September 15, 2003,
and
six units thereafter.
Each student's electives shall include at least one unit, or
two half
units, chosen from among the areas of
business/technology, fine arts, and/or
foreign language.
(C) Beginning with students who enter ninth grade for the
first time on or after July 1, 2010,
except as provided in
divisions (D) to (F) of this section, the
requirements for
graduation from every public and chartered nonpublic high school
shall include
twenty units that are designed to prepare students
for the workforce and college. The units shall be distributed as
follows:
(1) English language arts, four units;
(2) Health, one-half unit;
(3) Mathematics, four units, which shall include one unit of
algebra II or the equivalent of algebra II;
(4) Physical education, one-half unit;
(5) Science, three
units with inquiry-based laboratory
experience that engages students in asking valid scientific
questions and gathering and analyzing information, which shall
include the following, or their equivalent:
(a) Physical sciences, one unit;
(b) Life sciences, one unit;
(c) Advanced study in one or more of the following sciences,
one unit:
(i) Chemistry, physics, or other physical science;
(ii) Advanced biology or other life science;
(iii) Astronomy, physical geology, or other earth or space
science.
(6) Social studies, three units, which shall include both
of
the following:
(a) American history, one-half
unit;
(b) American government, one-half
unit.
Each school shall integrate the study of economics and
financial literacy, as expressed in the social studies academic
content standards adopted by the state board of education under
division (A)(1) of
section 3301.079 of the Revised Code and the
academic content standards for financial literacy and
entrepreneurship adopted under division (A)(2) of that section,
into one or more existing
social studies credits required under
division (C)(6) of this
section, or into the content of another
class, so that every high
school student receives instruction in
those concepts. In
developing the curriculum required by this
paragraph, schools
shall use available public-private
partnerships and resources and
materials that exist in business,
industry, and through the
centers for economics education at
institutions of higher
education in the state.
(7) Five
units consisting of one or any combination of
foreign language, fine arts, business, career-technical education,
family and consumer sciences, technology, agricultural education,
or English language arts, mathematics, science, or social studies
courses not otherwise required under division (C) of this section.
Ohioans must be prepared to apply increased knowledge and
skills in the workplace and to adapt their knowledge and skills
quickly to meet the rapidly changing conditions of the
twenty-first century. National studies indicate that all high
school graduates need the same academic foundation, regardless of
the opportunities they pursue after graduation. The goal of Ohio's
system of elementary and secondary education is to prepare all
students for and seamlessly connect all students to success in
life beyond high school graduation, regardless of whether the next
step is entering the workforce, beginning an apprenticeship,
engaging in post-secondary training, serving in the military, or
pursuing a college degree.
The Ohio core curriculum
is the standard expectation for all
students entering ninth grade for the first time at a public or
chartered nonpublic high school on or after July 1, 2010. A
student may satisfy this expectation through a variety of methods,
including, but not limited to, integrated, applied,
career-technical, and traditional coursework.
Whereas teacher quality is essential for student success in
completing the Ohio core curriculum, the general assembly shall
appropriate funds for strategic initiatives designed to strengthen
schools' capacities to hire and retain highly qualified teachers
in the subject areas required by the curriculum. Such initiatives
are expected to require an investment of $120,000,000 over five
years.
Stronger coordination between high schools and institutions
of higher education is necessary to prepare students for more
challenging academic endeavors and to lessen the need for academic
remediation in college, thereby reducing the costs of higher
education for Ohio's students, families, and the state. The state
board of education, the Ohio board of regents, and the partnership
for continued learning shall develop policies to ensure that only
in rare instances will students who complete the Ohio core
curriculum require academic remediation after high school.
School districts, community schools, and chartered nonpublic
schools shall integrate technology into learning experiences
whenever practicable across the curriculum in order to maximize
efficiency, enhance learning, and prepare students for success in
the technology-driven twenty-first century. Districts and schools
may use distance and web-based course delivery as a method of
providing or augmenting all instruction required under this
division, including laboratory experience in science. Districts
and schools shall whenever practicable utilize technology access
and electronic learning opportunities provided by the eTech Ohio
commission, the Ohio learning network, education technology
centers, public television stations, and other public and private
providers.
(D) Except as provided in division (E) of this section, a
student who enters ninth grade on or after July 1, 2010, and
before July 1, 2014, may qualify for graduation from a public or
chartered nonpublic high school even though the student has not
completed the Ohio core curriculum prescribed in division (C) of
this section if all of the following conditions are satisfied:
(1) After the student has attended high school for two years,
as determined by the school, the student and the student's parent,
guardian, or custodian sign and file with the school a written
statement asserting the parent's, guardian's, or custodian's
consent to the student's graduating without completing the Ohio
core curriculum and acknowledging that one consequence of not
completing the Ohio core curriculum is ineligibility to enroll in
most state universities in Ohio without further coursework.
(2) The student and parent, guardian, or custodian fulfill
any procedural requirements the school stipulates to ensure the
student's and parent's, guardian's, or custodian's informed
consent and to facilitate orderly filing of statements under
division (D)(1) of this section.
(3) The student and the student's parent, guardian, or
custodian and a representative of the student's high school
jointly develop an individual career plan for the student that
specifies the student matriculating to a two-year degree program,
acquiring a business and industry credential, or entering an
apprenticeship.
(4) The student's high school provides counseling and support
for the student related to the plan developed under division
(D)(3) of this section during the remainder of the student's high
school experience.
(5) The student successfully completes, at a minimum, the
curriculum prescribed in division (B) of this section.
The partnership for continued learning, in collaboration with
the department of education and the Ohio board of regents, shall
analyze student performance data to determine if there are
mitigating factors that warrant extending the exception permitted
by division (D) of this section to high school classes beyond
those entering ninth grade before July 1, 2014. The partnership
shall submit its findings and any recommendations not later than
August 1, 2014, to the speaker and minority leader of the house of
representatives, the president and minority leader of the senate,
the chairpersons and ranking minority members of the standing
committees of the house of representatives and the senate that
consider education legislation, the state board of education, and
the superintendent of public instruction.
(E) Each school district and chartered nonpublic school
retains the authority to require an even more rigorous minimum
curriculum for high school graduation than specified in division
(B) or (C) of this section. A school district board of education,
through the adoption of a resolution, or the governing authority
of a chartered nonpublic school may stipulate any of the
following:
(1) A minimum high school curriculum that requires more than
twenty units of academic credit to graduate;
(2) An exception to the district's or school's minimum high
school curriculum that is comparable to the exception provided in
division (D) of this section but with additional requirements,
which may include a requirement that the student successfully
complete more than the minimum curriculum prescribed in division
(B) of this section;
(3) That no exception comparable to that provided in division
(D) of this section is available.
(F) A student enrolled in a dropout prevention and recovery
program, which program has received a waiver from the department
of education, may qualify for graduation from high school by
successfully completing a competency-based instructional program
administered by the dropout prevention and recovery program in
lieu of completing the Ohio core curriculum prescribed in division
(C) of this section. The department shall grant a waiver to a
dropout prevention and recovery program, within sixty days after
the program applies for the waiver, if the program meets all of
the following conditions:
(1) The program serves only students not younger than sixteen
years of age and not older than twenty-one years of age.
(2) The program enrolls students who, at the time of their
initial enrollment, either, or both, are at least one grade level
behind their cohort age groups or experience crises that
significantly interfere with their academic progress such that
they are prevented from continuing their traditional programs.
(3) The program requires students to attain at least the
applicable score designated for each of the tests assessments
prescribed under
division (B)(1) of section 3301.0710 of the
Revised Code or, to the extent
prescribed by rule of the state
board of education under division
(E)(6) of section 3301.0712 of
the Revised Code, division (B)(2) of that section.
(4) The program develops an individual career plan for the
student that specifies the student's matriculating to a two-year
degree program, acquiring a business and industry credential, or
entering an apprenticeship.
(5) The program provides counseling and support for the
student related to the plan developed under division (F)(4) of
this section during the remainder of the student's high school
experience.
(6) The program requires the student and the student's
parent, guardian, or custodian to sign and file, in accordance
with procedural requirements stipulated by the program, a written
statement asserting the parent's, guardian's, or custodian's
consent to the student's graduating without completing the Ohio
core curriculum and acknowledging that one consequence of not
completing the Ohio core curriculum is ineligibility to enroll in
most state universities in Ohio without further coursework.
(7) Prior to receiving the waiver, the program has submitted
to the department an instructional plan that demonstrates how the
academic content standards adopted by the state board of education
under section 3301.079 of the Revised Code will be taught and
assessed.
If the department does not act either to grant the waiver or
to reject the program application for the waiver within sixty days
as required under this section, the waiver shall be considered to
be granted.
(G) Every high school
may permit students below the ninth
grade to take advanced work
for. If a high school so permits, it
shall award high school credit. A high school for successful
completion of the advanced work and
shall count
such advanced work
toward the
graduation requirements
of division
(B) or (C) of
this
section if the advanced work was
both:
(1) Taught by a person who possesses a license or
certificate
issued
under section 3301.071, 3319.22, or 3319.222 of
the
Revised
Code
that is valid for teaching high school;
(2) Designated by the board of education of the city, local,
or exempted
village school district, the board of the cooperative
education school
district, or the governing authority of the
chartered nonpublic
school as meeting the high school curriculum
requirements.
Each high school shall record on the student's high school
transcript all high school credit awarded under division (G) of
this section. In addition, if the student completed a seventh- or
eighth-grade fine arts course described in division (K) of this
section and the course qualified for high school credit under that
division, the high school shall record that course on the
student's high school transcript.
(H) The department shall make its individual academic career
plan available through its Ohio career information system web site
for districts and schools to use as a tool for communicating with
and providing guidance to students and families in selecting high
school courses.
(I) Units earned in English language arts,
mathematics,
science, and social studies that are delivered
through integrated
academic and career-technical instruction are
eligible to meet the
graduation requirements of division
(B) or (C) of this section.
(J) The state board of education, in consultation with the
Ohio board of regents and the partnership for continued learning,
shall adopt a statewide plan implementing methods for students to
earn units of high school credit based on a demonstration of
subject area competency, instead of or in combination with
completing hours of classroom instruction. The state board shall
adopt the plan not later than March 31, 2009, and commence phasing
in the plan during the 2009-2010 school year. The plan shall
include a standard method for recording demonstrated proficiency
on high school transcripts. Each school district, community
school, and chartered nonpublic school shall comply with the state
board's plan adopted under this division and award units of high
school credit in accordance with the plan. The state board may
adopt existing methods for earning high school credit based on a
demonstration of subject area competency as necessary prior to the
2009-2010 school year.
(K) This division does not apply to students who qualify for
graduation from high school under division (D) or (F) of this
section, or to students pursuing a career-technical instructional
track as determined by the school district board of education or
the chartered nonpublic school's governing authority.
Nevertheless, the general assembly encourages such students to
consider enrolling in a fine arts course as an elective.
Beginning with students who enter ninth grade for the first
time on or after July 1, 2010, each student enrolled in a public
or chartered nonpublic high school shall complete two semesters or
the equivalent of fine arts to graduate from high school. The
coursework may be completed in any of grades seven to twelve. Each
student who completes a fine arts course in grade seven or eight
may elect to count that course toward the five units of electives
required for graduation under division (C)(7) of this section, if
the course satisfied the requirements of division (G) of this
section. In that case, the high school shall award the student
high school credit for the course and count the course toward the
five units required under division (C)(7) of this section. If the
course in grade seven or eight did not satisfy the requirements of
division (G) of this section, the high school shall not award the
student high school credit for the course but shall count the
course toward the two semesters or the equivalent of fine arts
required by this division.
(L) Notwithstanding anything to the contrary in this section,
the board of education of each school district and the governing
authority of each chartered nonpublic school may adopt a policy to
excuse from the high school physical education requirement each
student who, during high school, has participated in
interscholastic athletics, marching band, or cheerleading for at
least two full seasons. If the board or authority adopts such a
policy, the board or authority shall not require the student to
complete any physical education course as a condition to graduate.
However, the student shall be required to complete one-half unit,
consisting of at least sixty hours of instruction, in another
course of study.
Sec. 3313.605. (A) As used in this section:
(1) "Civic responsibility" means the patriotic and ethical
duties of all citizens to take an active role in society and to
consider the interests and concerns of other individuals in the
community.
(2) "Volunteerism" means nonprofit activity in the United
States, the benefits and limitations of nonprofit activities, and
the presence and function of nonprofit civic and charitable
organizations in the United States.
(3) "Community service" means a service performed through
educational institutions, government agencies, nonprofit
organizations, social service agencies, and philanthropies and
generally designed to provide direct experience with people or
project planning, with the goal of improving the quality of life
for the community. Such activities may include but are not
limited
to tutoring, literacy training, neighborhood improvement,
encouraging interracial and multicultural understanding,
promoting
ideals of patriotism, increasing environmental safety,
assisting
the elderly or disabled, and providing mental health
care,
housing, drug abuse prevention programs, and other
philanthropic
programs, particularly for disadvantaged or
low-income persons.
(B) Any The board of education of each city, local, exempted
village, or and joint vocational
school district board of
education may, the governing authority of each community school
established under Chapter 3314. of the Revised Code, and the
governing body of each STEM school established under Chapter 3326.
of the Revised Code shall include community service
education in
the its educational program of the district by adopting
a
resolution to that effect. A governing board
of
an educational
service center, upon the request of a local
school district board
of
education, may provide a community service education program
for
the local district pursuant to this section. Any board
In
implementing community service education, each board, governing
authority, or governing body shall do both of the
following:
(1) Establish a community service advisory committee. The
committee shall provide recommendations to the board, governing
authority, or governing body
regarding a community
service plan
for students in all grades of
the schools under
control of the
board and shall oversee and
assist in the
implementation of the
plan adopted by the board, governing
authority, or governing body
under division (B)(2) of this
section. Each board, governing
authority, or governing body
shall
determine the membership and
organization of its advisory
committee and may designate an
existing committee established for
another purpose to serve as the
community service
advisory
committee; however, each such
committee shall include
two or more
students and shall include or
consult with at least
one person
employed in the field of
volunteer management who
devotes at least
fifty per cent of
employment hours to
coordinating volunteerism
among community
organizations. The
committee members may include
representatives
of parents,
teachers, administrators, other
educational
institutions,
business, government, nonprofit
organizations,
veterans
organizations, social service agencies,
religious
organizations,
and philanthropies.
(2) Develop and implement a community service plan for
students in all grades of the schools under control of the board.
To assist in establishing its plan, the board, governing
authority, or governing body shall
consult with and may contract
with one or more local or regional
organizations with experience
in volunteer program development
and management. Each community
service plan adopted under this
division shall be based upon the
recommendations of the advisory
committee and shall provide for
all of the following:
(a) Education of students in the value of community
service
and its contributions to the history of this state and
this
nation;
(b) Identification of opportunities for students to
provide
community service;
(c) Encouragement of students to provide community
service;
(d) Integration of community service opportunities into
the
curriculum;
(e) Guidelines for the community service learning project
prescribed by division (B)(2) of section 3301.0710 and section
3301.0712 of the Revised Code, consistent with the scoring rubric
developed for such project under section 3301.0712 of the Revised
Code;
(f) A community service instructional program for
teachers,
including strategies for the teaching of community
service
education, for the discovery of community service
opportunities,
and for the motivation of students to become
involved in community
service.
Plans shall be reviewed periodically by the advisory
committee and, if necessary, revised by the board, governing
authority, or governing body at least once
every five years.
Plans shall emphasize community service opportunities that
can most effectively use the skills of students, such as tutoring
or literacy programs. Plans shall provide for students to
perform
services under the plan that will not supplant the hiring
of,
result in the displacement of, or impair any existing
employment
contract of any particular employee of any private or
governmental
entity for which the services are performed. The
plan shall
provide for any entity utilizing a student to perform
community
service under the plan to verify to the board
that the student
does not supplant the hiring of, displace, or
impair the
employment contract of any particular employee of the
entity.
Upon adoption, a board, governing authority, or governing
body shall submit a copy of
its plan to the department of
education. Each city and exempted
village board of education and
each governing board of a
service center shall include a copy of
its plan in any course of study adopted under section 3313.60 of
the Revised Code that is required to be submitted for approval to
the state board for review. A joint vocational school district
board of education shall submit a copy of its plan to the state
board for review when required to do so by the state board. A
local board shall forward its plan to the educational service
center governing
board for
inclusion in the governing board's
course of study. By December
1,
1992, and periodically thereafter,
the The department of education
periodically shall review all
plans and publish those plans that could serve
as models for other
school districts or, educational service centers, community
schools, or STEM schools.
(C) A Under this section, a board integrating community
service
education into the curriculum, governing authority, or
governing body may only grant high school
credit for a community
service education course if approximately
half of the course is
devoted to classroom study of such matters
as civic
responsibility, the history of volunteerism, and
community service
training and approximately half of the course
is devoted to
community service.
Each board, governing authority, or governing body shall
determine which specific
activities will serve to fulfill the
required hours of community
service.
(D) Each board, governing authority, or governing body shall
use the rubric developed under section 3301.0712 of the Revised
Code to determine whether the community service project required
as a part of the high school assessment system meets the criteria
for high school graduation.
Sec. 3313.607. (A) The board of education of any each school
district may provide assistance to any student to, the governing
authority of each community school operating under Chapter 3314.
of the Revised Code, and the governing body of each STEM school
operating under Chapter 3326. of the Revised Code shall require
all students to develop a
written career and college plan as part
of the course required by division (A)(9) of section 3313.60 of
the Revised Code. If a school district receives any state
money
appropriated for the purposes of this section, career Career and
college plans
developed utilizing these funds shall be completed
prior to the
end of the eighth grade year, shall identify career
goals and
indicate educational goals to prepare for those career
goals,
and shall be updated periodically as students successfully
complete
high school coursework, and shall. Career and college
plans may culminate in a career passport
described by division (B)
of this section.
(B) The board of education of any school district, the
governing authority of a community school, or the governing body
of a STEM school may
provide an individual career passport to any
student upon the
successful completion of the coursework of any
high school. If a
school district, governing authority, or
governing body receives any state money for the purposes of this
section, a career passport shall be provided to each such
student.
Each such passport shall document the knowledge and
skills of the
student, including documentation of the student's
coursework and
any employment, community, or leadership
experiences. Each such
passport shall also list the competency
levels the student
achieved, disclose the student's attendance
record, and identify
the career credentials the student gained.
Sec. 3313.608.
(A) Beginning with students who enter
third
grade in
the
school year that starts July 1,
2003 2009,
for any
student who
attains a score in the range designated under division
(A)(2)(e)(c) of
section
3301.0710 of the Revised Code on
the test
assessment
prescribed under that section to measure skill in
reading English language arts expected
at the end of third grade,
each school district,
in accordance
with the policy adopted under
section 3313.609 of
the Revised
Code, shall do one of the
following:
(1) Promote the student to
fourth grade if the
student's
principal and reading teacher agree that other
evaluations of the
student's skill in reading demonstrate that the
student is
academically prepared to be promoted to
fourth
grade;
(2) Promote the student to
fourth grade but provide the
student with intensive intervention services in
fourth
grade;
(3) Retain the student in
third grade.
(B)(1) To assist students in meeting this
third
grade
guarantee
established by this section, each school
district
shall
adopt policies and procedures with which it shall annually
assess
the reading skills of each student at the end of first
and second
grade and identify
students who are reading
below
their grade
level.
If the
diagnostic assessment to measure
reading ability for
the
appropriate grade level has been developed
in accordance with
division (D)(1) of section 3301.079 of the
Revised Code, each
school district shall use such diagnostic
assessment to identify
such students, except that any district
to which division (E) of
section 3301.0715 of the
Revised Code applies may use
another
assessment to identify such students.
The
policies and
procedures
shall require the
students'
classroom teachers to be
involved in
the assessment and the
identification of students
reading below
grade level.
The
district shall notify the parent
or guardian of
each student
whose
reading skills are below grade
level and, in
accordance
with
division
(C) of this section,
provide
intervention
services to
each
student reading below grade
level. Such
intervention
services shall include instruction in
intensive,
systematic
phonetics pursuant to rules adopted by the
state board
of
education.
(2) For each student entering
third grade after July
1,
2003
2009,
who does not attain by the end of the
third
grade at least
a
score
in the range designated under division
(A)(2)(c)(b) of
section
3301.0710 of the Revised Code on the
test assessment
prescribed under
that section to measure skill in reading English
language arts
expected at the end of
third grade, the district
also shall offer
intense remediation
services during the
summer
following
third grade.
(C) For each student
required to be offered intervention
services under this section,
the district shall involve the
student's parent or guardian and
classroom teacher in developing
the intervention strategy, and
shall offer to the parent or
guardian the opportunity to be
involved in the intervention
services.
(D) Any summer remediation services funded in whole or
in
part by the state and offered by school districts to students
under this
section shall meet the following conditions:
(1) The remediation methods are based on reliable
educational
research.
(2) The school districts conduct testing assessment before
and after
students
participate in the program to facilitate
monitoring
results of the
remediation services.
(3) The parents of participating students are involved in
programming
decisions.
(4) The services are conducted in a school building or
community
center and not on an at-home basis.
(E)
This section does not create a new cause of action or a
substantive legal right for any person.
Sec. 3313.61. (A) A diploma shall be granted by the board
of
education of any city, exempted village, or local school
district
that operates a high school to any person to whom all of
the
following apply:
(1) The person has successfully completed the curriculum
in
any high school or the individualized education program
developed
for the person by any high school pursuant to section
3323.08 of
the Revised Code, or has qualified under division (D) or (F) of
section 3313.603 of the Revised Code, provided that no school
district shall require a student to remain in school for any
specific number of semesters or other terms if the student
completes the required curriculum early;
(2)
Subject to section 3313.614 of the Revised Code, the
person has met the assessment requirements of division (A)(2)(a)
or (b) of this section, as applicable.
(a) If the person entered the ninth grade prior to the date
prescribed by rule of the state board of education under division
(E)(2) of section 3301.0712 of the Revised Code, the person
either:
(a)(i) Has attained at least the applicable scores
designated
under division (B)(1) of section 3301.0710 of the Revised
Code on
all
the tests assessments required by that division unless the
person
was excused
from taking any such test assessment pursuant
to
section 3313.532 of the
Revised Code or
unless
division (H)
or
(L) of this section applies
to the person;
(b)(ii) Has satisfied the alternative conditions prescribed
in
section 3313.615 of the Revised Code.
(b) If the person entered the ninth grade on or after the
date
prescribed by rule of the state board under division
(E)(2)
of
section 3301.0712 of the Revised Code, the person has
attained on
the entire assessment system prescribed under
division
(B)(2) of
section 3301.0710 of the Revised Code at
least the
required
passing composite score, designated under
division (C)(1)
of
section 3301.0712 of the Revised Code, except
to the
extent that
the person is excused from some portion of
that
assessment system
pursuant to section 3313.532 of the
Revised Code
or division (H)
or (L) of this section.
(3) The person is not eligible to receive an honors
diploma
granted pursuant to division (B) of this section.
Except as provided in divisions (C), (E),
(J), and (L) of
this
section, no diploma shall be granted under this
division to
anyone
except as provided under this division.
(B) In lieu of a diploma granted under division (A) of
this
section, an honors diploma shall be granted, in accordance
with
rules of the state board of education, by any such district
board
to anyone who accomplishes all of the following:
(1) Successfully completes the curriculum in any
high
school
or the individualized education program developed for
the
person
by any high school pursuant to section 3323.08 of the
Revised
Code;
(2) Subject to section 3313.614 of the
Revised Code, has met
the assessment requirements of division (B)(2)(a) or (b) of this
section, as applicable.
(a) If the person entered the ninth grade prior to the date
prescribed
by rule of the state board of education under division
(E)(2) of
section 3301.0712 of the Revised Code, the person
either:
(a)(i) Has attained at least the applicable scores
designated
under
division (B)(1) of section 3301.0710 of the Revised
Code on
all the
tests assessments required by that division;
(b)(ii) Has satisfied the alternative
conditions prescribed
in
section 3313.615 of the Revised Code.
(b) If the person entered the ninth grade on or after the
date
prescribed by rule of the state board under division
(E)(2)
of
section 3301.0712 of the Revised Code, the person has attained
on
the entire
assessment system prescribed under division (B)(2)
of
section
3301.0710 of the Revised Code at least the required
passing
composite score, designated under division (C)(1) of
section
3301.0712 of the Revised Code.
(3) Has met
additional
criteria established by the state
board for
the
granting of such a
diploma.
An honors diploma shall not be granted to a student who is
subject to the Ohio core curriculum prescribed in division (C) of
section 3313.603 of the Revised Code but elects the option of
division (D) or (F) of that section. Except as provided in
divisions
(C),
(E), and (J) of
this section, no honors
diploma
shall be
granted
to anyone failing
to comply with this division
and no more
than
one honors diploma
shall be granted to any
student under this
division.
The state board shall adopt rules prescribing the granting
of
honors diplomas under this division. These rules may
prescribe
the
granting of honors diplomas that recognize a
student's
achievement
as a whole or that recognize a student's
achievement
in one or
more specific subjects or both. The rules may prescribe the
granting of an honors diploma recognizing technical expertise for
a career-technical student. In any
case, the rules
shall designate
two or more criteria for the
granting of each type
of honors
diploma the board establishes
under this division and
the number
of such criteria that must be
met for the granting of
that type of
diploma. The number of such
criteria for any type of
honors
diploma shall be at least one
less than the total number of
criteria designated for that type
and no one or more particular
criteria shall be required of all
persons who are to be granted
that type of diploma.
(C) Any such district board administering any of the tests
assessments
required by section 3301.0710
or 3301.0712 of the
Revised Code to
any person
requesting to take such test assessment
pursuant to division
(B)(8)(b)
of
section 3301.0711 of the Revised
Code shall award
a
diploma to
such person if the person attains at
least the
applicable
scores
designated under division (B)(1) of
section
3301.0710 of the Revised
Code on all the tests assessments
administered and if
the person has
previously
attained the
applicable scores on all
the other tests assessments
required by
division
(B)(1) of that section or has
been exempted or
excused
from
attaining the applicable score on
any such test pursuant to
division
(H)
or (L) of this
section
or from taking any such test
pursuant to section
3313.532 of the
Revised
Code.
(D) Each diploma awarded under this section shall be
signed
by the president and treasurer of the issuing board, the
superintendent of schools, and the principal of the high school.
Each diploma shall bear the date of its issue, be in such form as
the district board prescribes, and be paid for out of the
district's general fund.
(E) A person who is a resident of Ohio and is eligible
under
state board of education minimum standards to receive a
high
school diploma based in whole or in part on credits earned
while
an inmate of a correctional institution operated by the
state or
any political subdivision thereof, shall be granted such
diploma
by the correctional institution operating the programs in
which
such credits were earned, and by the board of education of
the
school district in which the inmate resided immediately prior
to
the inmate's placement in the institution. The diploma
granted by
the
correctional institution shall be signed by the director of
the
institution, and by the person serving as principal of the
institution's high school and shall bear the date of issue.
(F) Persons who are not residents of Ohio but who are
inmates
of correctional institutions operated by the state or any
political subdivision thereof, and who are eligible under state
board of education minimum standards to receive a high school
diploma based in whole or in part on credits earned while an
inmate of the correctional institution, shall be granted a
diploma
by the correctional institution offering the program in
which the
credits were earned. The diploma granted by the
correctional
institution shall be signed by the director of the
institution and
by the person serving as principal of the
institution's high
school and shall bear the date of issue.
(G) The state board of education shall provide by rule for
the administration of the tests assessments required by section
3301.0710 of
the Revised Code to inmates of correctional
institutions.
(H) Any person to whom all of the following apply shall be
exempted from attaining the applicable score on the test
assessment in
social
studies designated under division (B)(1) of
section 3301.0710 of the
Revised Code, any social studies
end-of-course examination required under division (B)(2) of that
section if such an exemption is prescribed by
rule of the state
board under division (E)(4) of
section 3301.0712 of the Revised
Code, or the test in
citizenship
designated under
former
division
(B) of section 3301.0710 of
the
Revised Code
as it
existed prior
to
September 11, 2001:
(1) The person is not a citizen of the United States;
(2) The person is not a permanent resident of the United
States;
(3) The person indicates no intention to
reside in the
United
States after the completion of high school.
(I) Notwithstanding division (D) of section 3311.19 and
division (D) of section 3311.52 of the Revised Code, this section
and section 3311.611 of the Revised Code do not apply to the
board
of education of any joint vocational school district or any
cooperative education school district established pursuant to
divisions (A) to (C) of section 3311.52 of the Revised Code.
(J) Upon receipt of a notice under division (D) of
section
3325.08 of the Revised Code
that a student has received a diploma
under that section, the board of
education receiving the notice
may grant a high school diploma under this
section to the student,
except that such board shall grant the student a
diploma if the
student meets the graduation requirements that the student
would
otherwise have had to meet to receive a diploma from the district.
The
diploma granted under this section shall be of
the same type
the notice indicates the student received under section 3325.08
of
the Revised Code.
(K) As used in this division, "limited English proficient
student"
has
the same
meaning as in division (C)(3) of section
3301.0711 of the
Revised Code.
Notwithstanding division (C)(3) of section 3301.0711 of the
Revised Code, no limited English proficient student who has not
either
attained the
applicable
scores designated under division
(B)(1) of
section
3301.0710 of the
Revised Code on all
the tests
assessments
required by that
division, or attained the composite
score designated for the assessments required by division (B)(2)
of that section, shall be awarded a diploma under this
section.
(L) Any student described by division (A)(1) of this section
may be awarded a diploma without attaining the applicable scores
designated on the tests assessments prescribed under division
(B)
of section
3301.0710 of the Revised Code provided an
individualized education
program specifically exempts the student
from attaining such
scores. This division does not negate the
requirement for such a
student to take all such tests assessments
or alternate assessments required
by division (C)(1) of section
3301.0711 of the Revised Code for
the purpose of assessing student
progress as required by federal
law.
Sec. 3313.611. (A) The state board of education shall
adopt,
by rule, standards for awarding high school credit
equivalent to
credit for completion of high school academic and
vocational
education courses to applicants for diplomas under
this
section.
The standards may permit high school credit to be
granted to an
applicant for any of the following:
(1) Work experiences or experiences as a volunteer;
(2) Completion of academic, vocational, or
self-improvement
courses offered to persons over the age of
twenty-one by a
chartered public or nonpublic school;
(3) Completion of academic, vocational, or
self-improvement
courses offered by an organization, individual,
or educational
institution other than a chartered public or
nonpublic school;
(4) Other life experiences considered by the board to
provide
knowledge and learning experiences comparable to that
gained in a
classroom setting.
(B) The board of education of any city, exempted village,
or
local school district that operates a high school shall grant
a
diploma of adult education to any applicant if all of the
following apply:
(1) The applicant is a resident of the district;
(2) The applicant is over the age of twenty-one and has
not
been issued a diploma as provided in section 3313.61 of the
Revised Code;
(3)
Subject to section 3313.614 of the Revised Code, the
applicant has met the assessment requirements of division
(B)(3)(a) or (b) of this section, as applicable.
(a) Prior to the date prescribed by rule of the state board
under division (E)(3) of section 3301.0712 of the
Revised Code,
the applicant
either:
(a)(i) Has attained the applicable scores
designated under
division (B)(1) of section 3301.0710 of the Revised
Code on all of
the tests assessments required by that division or was excused
or
exempted
from any such test assessment pursuant to
section
3313.532 or was exempted from attaining the applicable score on
any such test assessment pursuant to division (H)
or (L) of
section
3313.61
of the Revised Code;
(b)(ii) Has satisfied the alternative conditions prescribed
in
section 3313.615 of the Revised Code.
(b) On or after the date
prescribed by rule of the state
board under division
(E)(3) of section 3301.0712 of the Revised
Code, has attained on
the entire assessment system prescribed
under division (B)(2) of
section 3301.0710 of the Revised Code at
least the required
passing composite score, designated under
division (C)(1) of
section 3301.0712 of the Revised Code, except
and only to the
extent that the applicant is excused from some
portion of that
assessment system pursuant to section 3313.532 of
the Revised Code
or division (H) or (L) of section 3313.61 of the
Revised Code.
(4) The district board determines, in accordance with the
standards adopted under division (A) of this section, that the
applicant has attained sufficient high school credits, including
equivalent credits awarded under such standards, to qualify as
having successfully completed the curriculum required by the
district for graduation.
(C) If a district board determines that an applicant is
not
eligible for a diploma under division (B) of this section, it
shall inform the applicant of the reason the applicant is
ineligible and shall provide a list of any courses required for
the diploma
for
which the applicant has not received credit. An
applicant may
reapply for a diploma under this section at any
time.
(D) If a district board awards an adult education diploma
under this section, the president and treasurer of the board and
the superintendent of schools shall sign it. Each diploma shall
bear the date of its issuance, be in such form as the district
board prescribes, and be paid for from the district's general
fund, except that the state board may by rule prescribe standard
language to be included on each diploma.
(E) As used in this division, "limited English proficient
student"
has
the same
meaning as in division (C)(3) of section
3301.0711 of the
Revised Code.
Notwithstanding division (C)(3) of section 3301.0711 of the
Revised Code, no limited English proficient student who has not
either
attained the
applicable
scores designated under division
(B)(1) of
section
3301.0710 of the
Revised Code on all
the tests
assessments
required by that
division, or attained the composite
score designated for the assessments required by division (B)(2)
of that section, shall be awarded a diploma under this
section.
Sec. 3313.612.
(A) No
nonpublic school chartered by the
state board of education shall
grant any a high school diploma to
any person unless, subject to section 3313.614 of the Revised
Code, the person has met the assessment requirements
of division
(A)(1) or (2) of this section, as applicable.
(1) If the person entered the ninth grade prior to the date
prescribed by rule of the state board under division
(E)(2) of
section 3301.0712 of the Revised Code, the person has
attained,
subject to section
3313.614 of the Revised Code at least
the
applicable scores
designated under division
(B)(1) of section
3301.0710 of the
Revised
Code on all the tests assessments
required by that
division, or has satisfied
the alternative
conditions prescribed
in section 3313.615 of the
Revised Code.
(2) If the person entered the ninth grade on or after the
date
prescribed by rule of the state board under division
(E)(2)
of
section 3301.0712 of the Revised Code, the person has
attained on
the entire assessment system prescribed under
division
(B)(2) of
section 3301.0710 of the Revised Code at
least the
required
passing composite score, designated under
division (C)(1)
of
section 3301.0712 of the Revised Code.
(B) This
section does not apply to
either
of the
following:
(1) Any person with
regard to any test assessment from which
the person
was excused pursuant to
division (C)(1)(c) of section
3301.0711 of
the Revised Code;
(2) Any person
with
regard to the
social studies test
assessment under division (B)(1) of section 3301.0710 of the
Revised Code, any social studies end-of-course examination
required under division (B)(2) of that section if such an
exemption is prescribed by rule of the state
board of education
under division (E)(4) of section 3301.0712 of
the Revised Code,
or
the
citizenship
test under former division
(B) of
section
3301.0710 of
the Revised
Code as it existed prior
to
September
11, 2001,
if all of the
following apply:
(a) The person is not a citizen of the United States;
(b) The person is not a permanent resident of the United
States;
(c) The person indicates no intention to
reside in the
United
States after completion of high school.
(C) As used in this division, "limited English proficient
student"
has
the same
meaning as in division (C)(3) of section
3301.0711 of the
Revised Code.
Notwithstanding division (C)(3) of section 3301.0711 of the
Revised Code, no limited English proficient student who has not
either
attained the
applicable
scores designated under division
(B)(1) of
section
3301.0710 of the
Revised Code on all
the tests
assessments
required by that
division, or attained the composite
score designated for the assessments required by division (B)(2)
of that section, shall be awarded a diploma under this
section.
Sec. 3313.614. (A) As used in this section, a person
"fulfills the curriculum requirement for a diploma" at the time
one of the following conditions is satisfied:
(1) The person successfully completes the high school
curriculum of a school district, a community school, a chartered
nonpublic school, or a correctional institution.
(2) The person successfully completes the individualized
education program developed for the person under section 3323.08
of the Revised Code.
(3) A board of education issues its determination under
section 3313.611 of the Revised Code that the person qualifies as
having successfully completed the curriculum required by the
district.
(B) This division specifies the testing assessment
requirements that
must be fulfilled as a condition toward granting
high school
diplomas under sections 3313.61, 3313.611, 3313.612,
and 3325.08
of the Revised Code.
(1) A person who fulfills the curriculum requirement for a
diploma before September 15, 2000, is not required to pass any
proficiency test or achievement test in science as a condition to
receiving a diploma.
(2) A
person who began ninth grade prior to July 1, 2003, is
not required to pass the Ohio
graduation
test prescribed under
division (B)(1) of section 3301.0710 or any assessment prescribed
under division (B)(2) of that section in any subject as a
condition to receiving
a
diploma once the
person has passed the
ninth grade proficiency
test in the same
subject, so long as the
person passed the ninth
grade proficiency
test prior to September
15, 2008. However, any such person who passes the Ohio graduation
test in any subject prior to passing the ninth grade proficiency
test in the same subject shall be deemed to have passed the ninth
grade proficiency test in that subject as a condition to receiving
a diploma. For this
purpose, the ninth
grade proficiency test in
citizenship
substitutes for the Ohio
graduation test in social
studies. If a
person began ninth grade prior to July 1, 2003,
but
does not pass a ninth
grade proficiency
test or the Ohio
graduation test in a particular
subject before September
15, 2008,
and
passage of a test in that
subject is a condition for
the
person to
receive a diploma, the
person must pass the Ohio
graduation test instead of the ninth grade proficiency test
in
that subject to
receive a diploma.
(3) A person who begins ninth grade on or after July 1, 2003,
in a
school district, community school, or chartered nonpublic
school
is not eligible to receive a diploma based on passage of
ninth
grade proficiency tests. Each such person who begins ninth
grade prior to the date prescribed by the state board of education
under division (E)(5) of section 3301.0712 of the Revised Code
must pass Ohio
graduation tests to meet the testing requirements
applicable to
that person as a condition to receiving a diploma.
(4) A person who begins ninth grade on or after the date
prescribed
by the state board of education under division (E)(5)
of section
3301.0712 of the Revised Code is not eligible to
receive a
diploma based on passage of the Ohio graduation tests.
Each such
person must attain on the entire assessment system
prescribed
under division (B)(2) of section 3301.0710 of the
Revised Code at
least the required passing composite score,
designated under
division (C)(1) of section 3301.0712 of the
Revised Code.
(C)
This division specifies the curriculum requirement that
shall be completed as a condition toward granting high school
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08
of the Revised Code.
(1) A person who is under twenty-two years of age when the
person fulfills the curriculum requirement for a diploma shall
complete the curriculum required by the school district or school
issuing the diploma for the first year that the
person originally
enrolled in high school, except for a person who qualifies for
graduation from high school under either division (D) or (F) of
section 3313.603 of the Revised Code.
(2) Once a person fulfills the curriculum requirement for a
diploma, the person is never required, as a condition of receiving
a diploma, to meet any different curriculum requirements that take
effect pending the person's passage of proficiency tests or
achievement
tests or assessments, including changes mandated by
section 3313.603 of the
Revised Code, the state board, a school
district board of
education, or a governing authority of a
community school or
chartered nonpublic school.
Sec. 3313.615. This section shall apply to diplomas awarded
after September 15, 2006, to students who are required to take the
five Ohio graduation tests prescribed by division (B)(1) of
section
3301.0710 of the Revised Code.
(A) As an alternative to the requirement that a person
attain
the scores designated under division (B)(1) of section
3301.0710
of
the Revised Code on all the tests assessments required under
that
division in
order to be eligible for a high school diploma
or an
honors
diploma under sections 3313.61, 3313.612, or 3325.08
of the
Revised Code or for a diploma of adult education under
section
3313.611 of the Revised Code, a person who has attained at
least
the applicable scores designated under division (B)(1) of
section
3301.0710 of the Revised Code on all but one of the tests
assessments required
by that division and from which the person
was not excused or
exempted, pursuant to division (L) of section
3313.61,
division
(B)(1) of section 3313.612, or section 3313.532
of the
Revised
Code, may be awarded a diploma or honors diploma
if the
person has
satisfied all of the following conditions:
(1) On the one test assessment required under division (B)(1)
of section
3301.0710 of the Revised Code for which the person
failed to
attain the designated score, the person missed that
score by ten
points or less;
(2) Has a ninety-seven per cent school attendance rate in
each of the last four school years, excluding any excused
absences;
(3) Has not been expelled from school under
section
3313.66
of the Revised Code in any of the last four school
years;
(4) Has a grade point average of at least 2.5 out of 4.0,
or
its equivalent as designated in rules adopted by the state
board
of education, in the subject area of the test assessment required
under
division (B)(1) of section 3301.0710 of the Revised Code for
which
the person failed to attain the designated score;
(5) Has completed the high school curriculum requirements
prescribed in section 3313.603 of the Revised Code or has
qualified under division (D) or (F) of that section;
(6) Has taken advantage of any intervention programs
provided
by the school district or school in the subject area
described in
division (A)(4) of this section and has a
ninety-seven per cent
attendance rate, excluding any excused
absences, in any of those
programs that are provided at times
beyond the normal school day,
school week, or school year or has
received comparable
intervention services from a source other than
the school district
or school;
(7) Holds a letter recommending graduation from each of the
person's high school teachers in the subject area described in
division (A)(4) of this section and from the person's high school
principal.
(B) The state board of education shall establish rules
designating grade point averages equivalent to the average
specified in division (A)(4) of this section for use by school
districts and schools with different grading systems.
(C) Any student who is exempt from attaining the applicable
score designated under division (B)(1) of section 3301.0710 of the
Revised Code on the Ohio graduation test in social studies
pursuant to division (H) of section 3313.61 or division (B)(2) of
section 3313.612 of the Revised Code shall not qualify for a high
school diploma under this section, unless, notwithstanding the
exemption, the student attains the applicable score on that test
assessment.
If the student attains the applicable score on that
test assessment, the
student may qualify for a diploma under this
section in the same
manner as any other student who is required
to take the five Ohio
graduation tests prescribed by division
(B)(1) of section 3301.0710
of the Revised Code.
Sec. 3313.62. (A) The school year shall begin on the first
day of July of each
calendar year and close on the thirtieth day
of June of the succeeding
calendar year. A school week shall
consist of five days, and a school month
of four school weeks.
(B) "Learning year" means a school year as defined in
division (A) of this section.
(C) "Learning day" or "school day" is a day a school is
scheduled to be open for instruction.
Sec. 3313.64. (A) As used in this section and in section
3313.65 of the Revised Code:
(1)(a) Except as provided in division (A)(1)(b) of this
section, "parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case
"parent" means the parent who is the
residential parent and legal custodian of the child. When a
child
is in the legal custody of a government agency or a person
other
than the child's natural or adoptive parent,
"parent" means
the
parent with residual parental rights, privileges, and
responsibilities. When a child is in the permanent custody of a
government agency or a person other than the child's natural or
adoptive parent,
"parent" means the parent who was divested of
parental
rights and responsibilities for the care of the child and
the
right to have the child live with the parent and be the legal
custodian
of the child and all residual parental rights,
privileges, and
responsibilities.
(b) When a child is the subject of a power of attorney
executed under sections 3109.51 to 3109.62 of the Revised Code,
"parent" means the grandparent designated as attorney in fact
under the power of attorney.
When a child is the subject of a
caretaker authorization affidavit
executed under sections 3109.64
to 3109.73 of the Revised Code,
"parent" means the grandparent
that executed the affidavit.
(2)
"Legal custody,"
"permanent custody," and
"residual
parental rights, privileges, and responsibilities" have the same
meanings as in section 2151.011 of the Revised Code.
(3)
"School district" or
"district" means a city, local,
or
exempted village school district and excludes any school
operated
in an institution maintained by the department of youth
services.
(4) Except as used in division (C)(2) of this section,
"home"
means a home, institution, foster home, group home,
or
other
residential facility in this state that receives and
cares
for
children, to which any of the following applies:
(a) The home is licensed, certified, or approved for such
purpose by the state or is maintained by the department of youth
services.
(b) The home is operated by a person who is licensed,
certified, or approved by the state to operate the home for such
purpose.
(c) The home accepted the child through a placement by a
person licensed, certified, or approved to place a child in such
a
home by the state.
(d) The home is a children's home created under section
5153.21 or 5153.36 of the Revised Code.
(5)
"Agency" means all of the following:
(a) A public children services agency;
(b) An organization that holds a certificate issued by the
Ohio department of job and family services in accordance
with the
requirements of section 5103.03 of the Revised Code and assumes
temporary or permanent custody of children through commitment,
agreement, or surrender, and places children in family homes for
the purpose of adoption;
(c) Comparable agencies of other states or countries that
have complied with applicable requirements of section 2151.39 of
the Revised Code or
as applicable, sections 5103.20 to 5103.22 or
5103.23 to 5103.237 of the Revised Code.
(6) A child is placed for adoption if either of the
following
occurs:
(a) An agency to which the child has been permanently
committed or surrendered enters into an agreement with a person
pursuant to section 5103.16 of the Revised Code for
the care and
adoption of the child.
(b) The child's natural parent places the child pursuant
to
section 5103.16 of the Revised Code with a person who will
care
for and adopt the child.
(7)
"Preschool child with a disability"
has the
same
meaning as in section 3323.01 of the
Revised Code.
(8)
"Child," unless otherwise indicated, includes
preschool
children with disabilities.
(9) "Active duty" means active duty pursuant to an executive
order of the president of the United States, an act of the
congress of the United States, or section 5919.29 or 5923.21 of
the Revised Code.
(B) Except as otherwise provided in section 3321.01 of the
Revised Code for admittance to kindergarten and first grade, a
child who is at least five but under twenty-two years of age and
any preschool child with a disability shall be
admitted to school
as
provided in this division.
(1) A child shall be admitted to the schools of the school
district in which the child's parent resides.
(2) A child who does not reside in the district where
the
child's parent resides shall be admitted to the schools of the
district
in which the child resides if any of the following
applies:
(a) The child is in the legal or permanent custody of a
government agency or a person other than the child's natural
or
adoptive
parent.
(b) The child resides in a home.
(c) The child requires special education.
(3) A child who is not entitled under division (B)(2) of
this
section to be admitted to the schools of the district where
the
child resides and who is residing with a resident of this
state
with
whom the child has been placed for adoption shall be
admitted
to the
schools of the district where the child resides
unless
either of
the following applies:
(a) The placement for adoption has been terminated.
(b) Another school district is required to admit the child
under division (B)(1) of this section.
Division (B) of this section does not prohibit the board of
education of a school district from placing a child
with a
disability who resides in the district in a special
education
program
outside
of the district or its schools in
compliance with
Chapter
3323. of
the Revised Code.
(C) A district shall not charge tuition for children
admitted
under division (B)(1) or (3) of this section. If the
district
admits a child under division (B)(2) of this section,
tuition
shall be paid to the district that admits the child as
follows:
(1) If the child receives special education in accordance
with Chapter 3323. of the Revised Code, the school district of
residence, as defined in section 3323.01 of the Revised Code,
shall pay tuition for the child in
accordance with section
3323.091, 3323.13, 3323.14, or 3323.141
of
the Revised Code
regardless of who has custody of the child or
whether the child
resides in a home.
(2) For a child that does not receive special education in
accordance with Chapter 3323. of the Revised Code, except as
otherwise provided in division (C)(2)(d) of
this section, if the
child is in the permanent or legal custody
of
a government agency
or person other than the child's parent,
tuition shall be paid by:
(a) The district in which the child's parent resided at
the
time the court removed the child from home or at the time
the
court vested legal or permanent custody of the child in the
person
or government agency, whichever occurred first;
(b) If the parent's residence at the time the court
removed
the child from home or placed the child in the
legal or permanent
custody of the person or government agency is unknown,
tuition
shall be paid by the district in which the child resided
at the
time the child was removed from home or placed in
legal or
permanent custody, whichever occurred first;
(c) If a school district cannot be established under
division
(C)(2)(a) or (b) of this section, tuition shall be paid
by the
district determined as required by section 2151.362 of the
Revised
Code by the court at the time it vests custody of the
child in the
person or government agency;
(d) If at the time the court removed the child from
home or
vested legal or permanent custody of the child in the
person or
government agency, whichever occurred first, one parent
was in a
residential or correctional facility or a juvenile
residential
placement and the other parent, if living and not in
such a
facility or placement, was not known to reside in this
state,
tuition shall be paid by the district determined under
division
(D) of section 3313.65 of the Revised Code as the
district
required to pay any tuition while the parent was in such
facility
or placement;
(e) If the
department of education has determined, pursuant
to division
(A)(2) of section 2151.362 of the Revised Code, that
a school
district other than the one named in the court's initial
order, or
in a prior determination of the department, is
responsible to bear
the cost of educating the child, the district
so determined
shall be responsible for that cost.
(3) If the child is not in the permanent or legal custody
of
a government agency or person other than the child's
parent and
the child
resides in a home, tuition shall be paid by one of the
following:
(a) The school district in which the child's parent
resides;
(b) If the child's parent is not a resident of this state,
the home in which the child resides.
(D) Tuition required to be paid under divisions (C)(2) and
(3)(a) of this section shall be computed in accordance with
section 3317.08 of the Revised Code. Tuition required to be paid
under division (C)(3)(b) of this section shall be computed in
accordance with section 3317.081 of the Revised Code. If a home
fails to pay the tuition required by division (C)(3)(b) of this
section, the board of education providing the education may
recover in a civil action the tuition and the expenses incurred
in
prosecuting the action, including court costs and reasonable
attorney's fees. If the prosecuting attorney or city director of
law represents the board in such action, costs and reasonable
attorney's fees awarded by the court, based upon the prosecuting
attorney's, director's, or one of their designee's time
spent
preparing
and presenting the case, shall be deposited in the
county or city
general fund.
(E) A board of education may enroll a child free of any
tuition obligation for a period not to exceed sixty days, on the
sworn statement of an adult resident of the district that the
resident has
initiated legal proceedings for custody of the child.
(F) In the case of any individual entitled to attend
school
under this division, no tuition shall be charged by the
school
district of attendance and no other school district shall
be
required to pay tuition for the individual's attendance.
Notwithstanding division (B), (C), or (E) of this section:
(1) All persons at least eighteen but under twenty-two
years
of age who live apart from their parents, support
themselves by
their own labor, and have not successfully
completed the high
school curriculum or the individualized
education program
developed for the person by the high school
pursuant to section
3323.08 of the Revised Code, are entitled to
attend school in the
district in which they reside.
(2) Any child under eighteen years of age who is married
is
entitled to attend school in the child's district of
residence.
(3) A child is entitled to attend school in the district
in
which either of the child's parents is employed if the
child has a
medical condition that may require emergency medical attention.
The parent of
a child entitled to attend school under division
(F)(3) of this section shall submit to the board of education of
the district in which the parent is employed a statement from the
child's physician certifying that the child's medical condition
may require emergency medical attention. The statement shall be
supported by such other evidence as the board may require.
(4) Any child residing with a person other than the child's
parent
is entitled, for a period not to exceed twelve months, to
attend
school in the district in which that person resides if the
child's parent files an affidavit with the superintendent of the
district in which the person with whom the child is living
resides
stating all of the following:
(a) That the parent is serving outside of the state in the
armed services of the United States;
(b) That the parent intends to reside in the district upon
returning to this state;
(c) The name and address of the person with whom the child
is
living while the parent is outside the state.
(5) Any child under the age of twenty-two years who, after
the
death of a parent, resides in a school district other than the
district in which the child attended school at the time of the
parent's death is entitled to continue to attend school in the
district in which the child attended school at the time of the
parent's death for the remainder of the school year, subject to
approval of that district board.
(6) A child under the age of twenty-two years who resides
with a parent who is having a new house built in a school
district
outside the district where the parent is residing is
entitled to
attend school for a period of time in the district
where the new
house is being built. In order to be entitled to
such attendance,
the parent shall provide the district
superintendent with the
following:
(a) A sworn statement explaining the situation, revealing
the
location of the house being built, and stating the parent's
intention to reside there upon its completion;
(b) A statement from the builder confirming that a new
house
is being built for the parent and that the house is at the
location indicated in the parent's statement.
(7) A child under the age of twenty-two years residing with
a
parent who has a contract to purchase a house in a school
district
outside the district where the parent is residing and
who
is
waiting upon the date of closing of the mortgage loan for
the
purchase of such house is entitled to attend school for a
period
of time in the district where the house is being
purchased. In
order to be entitled to such attendance, the
parent shall provide
the district superintendent with the
following:
(a) A sworn statement explaining the situation, revealing
the
location of the house being purchased, and stating the
parent's
intent to reside there;
(b) A statement from a real estate broker or bank officer
confirming that the parent has a contract to purchase the house,
that the parent is waiting upon the date of closing of the
mortgage loan, and that the house is at the location indicated in
the parent's statement.
The district superintendent shall establish a period of
time
not to exceed ninety days during which the child entitled to
attend school under division (F)(6) or (7) of this section may
attend without tuition obligation. A student attending a school
under division (F)(6) or (7) of this section shall be eligible to
participate in interscholastic athletics under the auspices of
that school, provided the board of education of the school
district where the student's parent resides, by a formal action,
releases the student to participate in interscholastic athletics
at the school where the student is attending, and provided the
student receives any authorization required by a public agency or
private organization of which the school district is a member
exercising authority over interscholastic sports.
(8) A child whose parent is a full-time employee of a
city,
local, or exempted village school district, or of an
educational
service center, may be admitted
to the schools of the district
where the child's parent is
employed, or in the case of a child
whose parent is employed by an
educational service center, in the
district that serves the location where
the parent's job is
primarily located,
provided the district board of education
establishes such an admission
policy by resolution adopted by a
majority of its members. Any
such policy shall take effect on the
first day of the school year
and the effective date of any
amendment or repeal may not be
prior to the first day of the
subsequent school year. The policy
shall be uniformly applied to
all such children and shall provide
for the admission of any such
child upon request of the parent. No child may
be admitted under
this policy after the first day of
classes of any school year.
(9) A child who is with the child's parent under the care
of
a
shelter for victims of domestic violence, as defined in section
3113.33 of the Revised Code, is entitled to attend school free in
the district in which the child is with the child's parent,
and no
other school
district shall be required to pay tuition for the
child's
attendance in
that school district.
The enrollment of a child in a school district under this
division shall not be denied due to a delay in the school
district's receipt of any records required under section 3313.672
of the Revised Code or any other records required for enrollment.
Any days of attendance and any credits earned by a child while
enrolled in a school district under this division shall be
transferred to and accepted by any school district in which the
child subsequently enrolls. The state board of education shall
adopt rules to ensure compliance with this division.
(10) Any child under the age of twenty-two years whose
parent
has moved out of the school district after the commencement
of
classes in the child's senior year of high school is entitled,
subject to the approval of that district board, to attend school
in the district in which the child attended school at the
time of
the parental move for the remainder of the school year and
for one
additional semester or equivalent term. A district board may
also
adopt a policy specifying extenuating circumstances under
which a
student may continue to attend school under division
(F)(10) of
this section for an additional period of time in order
to
successfully complete the high school curriculum for the
individualized education program developed for the student by the
high school pursuant to section 3323.08 of the Revised Code.
(11) As used in this division,
"grandparent" means a
parent
of a parent of a child. A child under the age of
twenty-two years
who is in the custody of the child's
parent, resides
with a
grandparent, and does not require special education is
entitled to
attend the schools of the district in which the
child's
grandparent resides, provided that, prior to such attendance in
any school year, the board of education of the school district in
which the child's grandparent resides and the board of
education
of the
school district in which the child's parent resides enter
into a written
agreement specifying that good cause exists for
such attendance,
describing the nature of this good cause, and
consenting to such
attendance.
In lieu of a consent form signed by a parent, a board of
education may request the grandparent of a child attending school
in the district in which the grandparent resides pursuant to
division (F)(11) of this section to complete any consent form
required by the district, including any authorization required by
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised
Code.
Upon
request, the grandparent shall complete any consent
form
required
by the district. A school district shall not incur
any
liability
solely because of its receipt of a consent form from
a
grandparent in lieu of a parent.
Division (F)(11) of this section does not
create, and shall
not be construed
as creating, a new cause of action or substantive
legal right
against a school district, a member of a board of
education, or
an employee of a school district. This section does
not affect,
and shall not be construed as affecting, any
immunities from
defenses to tort liability created or recognized
by Chapter 2744.
of the Revised Code for a school district,
member, or employee.
(12) A child under the age of twenty-two years is
entitled
to
attend school in a school district other than the district in
which the
child is entitled to attend school under division (B),
(C),
or (E) of this section
provided that, prior to such
attendance in any school year, both of the
following occur:
(a) The superintendent of the district in which the child is
entitled to attend school under division (B),
(C), or (E)
of this
section contacts the superintendent of another district for
purposes
of
this division;
(b) The superintendents of both districts enter into
a
written agreement that consents to the attendance and specifies
that the
purpose of such attendance is to
protect the student's
physical or mental well-being or to deal with other
extenuating
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a
student who is
not receiving special education under Chapter 3323.
of the Revised Code and
notwithstanding Chapter 3327. of the
Revised Code,
the board of education of neither school district
involved in the agreement is
required to provide transportation
for the student to and from the school
where the student attends.
A student attending a school of a district pursuant to this
division
shall be allowed to participate in all student
activities, including
interscholastic athletics, at the school
where the student is attending on the
same basis as any student
who has always attended the schools of that district
while of
compulsory school age.
(13) All school districts shall comply with the
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et
seq., for the education of homeless children. Each city, local,
and exempted village school district shall comply with the
requirements of that act governing the provision of a free,
appropriate public education, including public preschool, to each
homeless child.
When a child loses permanent housing and becomes a homeless
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is
such a homeless person changes temporary living arrangements, the
child's parent or guardian shall have the option of enrolling the
child in either of the following:
(a) The child's school of origin, as defined in 42 U.S.C.A.
11432(g)(3)(C);
(b) The school that is operated by the school district in
which the shelter where the child currently resides is located and
that serves the geographic area in which the shelter is located.
(14) A child under the age of twenty-two years who resides
with a person other than the child's parent is entitled to attend
school in the school district in which that person resides if both
of the following apply:
(a) That person has been appointed, through a military power
of attorney executed under section 574(a) of the "National Defense
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10
U.S.C. 1044b, or through a comparable document necessary to
complete a family care plan, as the parent's agent for the care,
custody, and control of the child while the parent is on active
duty as a member of the national guard or a reserve unit of the
armed forces of the United States or because the parent is a
member of the armed forces of the United States and is on a duty
assignment away from the parent's residence.
(b) The military power of attorney or comparable document
includes at least the authority to enroll the child in school.
The entitlement to attend school in the district in which the
parent's agent under the military power of attorney or comparable
document resides applies until the end of the school year in which
the military power of attorney or comparable document expires.
(G) A board of education, after approving admission, may
waive tuition for students who will temporarily reside in the
district and who are either of the following:
(1) Residents or domiciliaries of a foreign nation who
request admission as foreign exchange students;
(2) Residents or domiciliaries of the United States but
not
of Ohio who request admission as participants in an exchange
program operated by a student exchange organization.
(H) Pursuant to sections 3311.211, 3313.90, 3319.01,
3323.04,
3327.04, and 3327.06 of the Revised Code, a child may
attend
school or participate in a special education program in a
school
district other than in the district where the child is
entitled to
attend school under division (B) of this section.
(I)(1) Notwithstanding anything to the contrary in this
section or section 3313.65 of the Revised Code, a child under
twenty-two years of age may attend school in the school district
in which the child, at the end of the first full week of October
of the school year, was entitled to attend school as otherwise
provided under this section or section 3313.65 of the Revised
Code, if at that time the child was enrolled in the schools of the
district but since that time the child or the child's parent has
relocated to a new address located outside of that school district
and within the same county as the child's or parent's address
immediately prior to the relocation. The child may continue to
attend school in the district, and at the school to which the
child was assigned at the end of the first full week of October of
the current school year, for the balance of the school year.
Division (I)(1) of this section applies only if both of the
following conditions are satisfied:
(a) The board of education of the school district in which
the child was entitled to attend school at the end of the first
full week in October and of the district to which the child or
child's parent has relocated each has adopted a policy to enroll
children described in division (I)(1) of this section.
(b) The child's parent provides written notification of the
relocation outside of the school district to the superintendent of
each of the two school districts.
(2) At the beginning of the school year following the school
year in which the child or the child's parent relocated outside of
the school district as described in division (I)(1) of this
section, the child is not entitled to attend school in the school
district under that division.
(3) Any person or entity owing tuition to the school district
on behalf of the child at the end of the first full week in
October, as provided in division (C) of this section, shall
continue to owe such tuition to the district for the child's
attendance under division (I)(1) of this section for the lesser of
the balance of the school year or the balance of the time that the
child attends school in the district under division (I)(1) of this
section.
(4) A pupil who may attend school in the district under
division (I)(1) of this section shall be entitled to
transportation services pursuant to an agreement between the
district and the district in which the child or child's parent has
relocated unless the districts have not entered into such
agreement, in which case the child shall be entitled to
transportation services in the same manner as a pupil attending
school in the district under interdistrict open enrollment as
described in division (H)(F) of section 3313.981 of the Revised
Code,
regardless of whether the district has adopted an open
enrollment
policy as described in division (B)(1)(b) or (c) of
section
3313.98 of the Revised Code.
(J) This division does not apply to a child receiving
special
education.
A school district required to pay tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount deducted under division
(F) of
section 3317.023 of the Revised Code equal to its own tuition
rate
for the same period of attendance. A school district
entitled to
receive tuition pursuant to division (C)(2) or (3) of
this section
or section 3313.65 of the Revised Code shall have an
amount
credited under division (F) of section 3317.023 of
the
Revised
Code equal to its own tuition rate for the same period of
attendance. If the tuition rate credited to the district of
attendance exceeds the rate deducted from the district required
to
pay tuition, the department of education shall pay the
district of
attendance the difference from amounts deducted from
all
districts' payments under division (F) of section
3317.023 of
the
Revised Code but not credited to other school districts under
such
division and from appropriations made for such purpose. The
treasurer of each school district shall, by the fifteenth day of
January and July, furnish the superintendent of public
instruction
a report of the names of each child who attended the
district's
schools under divisions (C)(2) and (3) of this section
or section
3313.65 of the Revised Code during the preceding six
calendar
months, the duration of the attendance of those
children, the
school district responsible for tuition on behalf
of the child,
and any other information that the superintendent
requires.
Upon receipt of the report the superintendent, pursuant to
division (F) of section 3317.023 of the Revised Code, shall
deduct
each district's tuition obligations under divisions (C)(2)
and (3)
of this section or section 3313.65 of the Revised Code
and pay to
the district of attendance that amount plus any amount
required to
be paid by the state.
(K) In the event of a disagreement, the superintendent of
public instruction shall determine the school district in which
the parent resides.
(L) Nothing in this section requires or authorizes, or
shall
be construed to require or authorize, the admission to a
public
school in this state of a pupil who has been permanently
excluded
from public school attendance by the superintendent of
public
instruction pursuant to sections 3301.121 and 3313.662 of
the
Revised Code.
(M) In accordance with division (B)(1) of this section, a
child whose parent is a member of the national guard or a reserve
unit of the armed forces of the United States and is called to
active duty, or a child whose parent is a member of the armed
forces of the United States and is ordered to a temporary duty
assignment outside of the district, may continue to attend school
in the district in which the child's parent lived before being
called to active duty or ordered to a temporary duty assignment
outside of the district, as long as the child's parent continues
to be a resident of that district, and regardless of where the
child lives as a result of the parent's active duty status or
temporary duty assignment. However, the district is not
responsible for providing transportation for the child if the
child lives outside of the district as a result of the parent's
active duty status or temporary duty assignment.
Sec. 3313.642. (A) Except as provided
in division (B) of
this section and notwithstanding the
provisions of sections
3313.48 and 3313.64
of the Revised Code, the board of education of
a city, exempted village, or
local school district shall not be
required to furnish, free of charge, to the
pupils attending the
public schools any materials used in a course of
instruction with
the exception of the necessary textbooks or electronic
textbooks
required to be
furnished without charge pursuant to section
3329.06 of the Revised Code. The
board may, however, make
provision by appropriations transferred from the
general fund of
the district or otherwise for furnishing free of charge any
materials used in a course of instruction to such pupils as it
determines are
in serious financial need of such materials.
(B) No board of education of a school district that receives
received
funds under section 3317.029
of the Revised Code in
fiscal year 2009 shall charge a fee
to a recipient of aid under
Chapter 5107. or 5115. of the Revised Code for
any materials
needed to enable the recipient to participate fully in a course
of
instruction. The prohibition in this division against charging a
fee does
not apply to any fee charged for any materials needed to
enable a recipient to
participate fully in extracurricular
activities or in any pupil enrichment
program that is not a course
of instruction.
(C) Boards of education may adopt
rules and regulations
prescribing a schedule of fees for materials
used in a course of
instruction and
prescribing a schedule of charges which may be
imposed upon pupils for the
loss, damage, or destruction of school
apparatus, equipment, musical
instruments, library material,
textbooks, or electronic
textbooks
required to be furnished
without
charge, and for damage to school buildings, and may
enforce the payment of
such fees and charges by withholding the
grades and credits of the pupils
concerned.
Sec. 3313.6410. This section applies to any school that is
operated by a school district and in which the enrolled students
work primarily on assignments in nonclassroom-based learning
opportunities provided via an internet- or other computer-based
instructional method.
(A) Any school to which this section applies shall withdraw
from the school any student who, for two consecutive school years,
has failed to participate in the spring administration of any test
assessment prescribed under section 3301.0710 or 3301.0712 of the
Revised
Code for the student's grade level and was not excused
from the
test assessment pursuant to division (C)(1) or (3) of
section 3301.0711 of
the Revised Code, regardless of whether a
waiver was granted for
the student under division (E) of section
3317.03 of the Revised
Code. The school shall report any such
student's data verification
code, as assigned pursuant to section
3301.0714 of the Revised
Code, to the department of education to
be added to the list
maintained by the department under section
3314.26 of the Revised
Code.
(B) No school to which this section applies shall receive any
state funds under Chapter 3306. or 3317. of the Revised Code for
any enrolled student whose data verification code appears on the
list maintained by the department under section 3314.26 of the
Revised Code. Notwithstanding any provision of the Revised Code to
the contrary, the parent of any such student shall pay tuition to
the school district that operates the school in an amount equal to
the state funds the district otherwise would receive for that
student, as determined by the department. A school to which this
section applies may withdraw any student for whom the parent does
not pay tuition as required by this division.
Sec. 3313.65. (A) As used in this section and section
3313.64 of the Revised Code:
(1) A person is
"in a residential facility" if the person is
a
resident or a resident patient of an institution, home, or other
residential facility that is:
(a) Licensed as a nursing home, residential care facility,
or
home for the
aging by the director of health under section
3721.02
of the
Revised Code or licensed as a community alternative
home by
the
director of health under section 3724.03 of the
Revised Code;
(b) Licensed as an adult care facility by the director of
health under Chapter 3722. of the Revised Code;
(c) Maintained as a county home or district home by the
board
of county commissioners or a joint board of county
commissioners
under Chapter 5155. of the Revised Code;
(d) Operated or administered by a board of alcohol, drug
addiction, and mental health services under section 340.03 or
340.06 of the Revised Code, or provides residential care pursuant
to contracts made under section 340.03 or 340.033 of the Revised
Code;
(e) Maintained as a state institution for the mentally ill
under Chapter 5119. of the Revised Code;
(f) Licensed by the department of mental health under
section
5119.20 or 5119.22 of the Revised Code;
(g) Licensed as a residential facility by the department
of
mental retardation and developmental disabilities under
section
5123.19 of the Revised Code;
(h) Operated by the veteran's administration or another
agency of the United States government;
(i) The Ohio soldiers' and sailors' home.
(2) A person is
"in a correctional facility" if any of the
following apply:
(a) The person is an Ohio resident and is:
(i) Imprisoned, as defined in section 1.05 of the Revised
Code;
(ii) Serving a term in a community-based correctional
facility or a
district community-based correctional facility;
(iii) Required, as a condition of parole,
a
post-release
control sanction, a community control
sanction,
transitional
control,
or early release from
imprisonment, as a
condition of
shock parole or shock probation
granted under the law
in effect
prior to July 1, 1996, or as a
condition of a furlough
granted
under
the version of section 2967.26 of the Revised Code
in
effect
prior to
March
17,
1998, to reside in a
halfway house or other
community
residential
center licensed under section 2967.14 of the
Revised
Code or a
similar facility designated by the
court
of
common
pleas
that established the condition or by the adult parole
authority.
(b) The person is imprisoned in a state correctional
institution
of another state or a federal correctional institution
but was an
Ohio resident at the time the sentence was imposed for
the crime
for which the person is imprisoned.
(3) A person is
"in a juvenile residential placement" if
the
person is an Ohio resident who is under twenty-one years of age
and
has been removed, by the order of a juvenile court, from the
place the person resided at the time the person became subject to
the court's
jurisdiction in the matter that resulted in the
person's removal.
(4)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(5)
"Post-release control sanction" has the same meaning as
in section
2967.01 of the Revised Code.
(B) If the circumstances described in division (C) of this
section apply, the determination of what school district must
admit a child to its schools and what district, if any, is liable
for tuition shall be made in accordance with this section, rather
than section 3313.64 of the Revised Code.
(C) A child who does not reside in the school district in
which the child's parent resides and for whom a tuition obligation
previously has not been established under division (C)(2) of
section 3313.64 of the Revised Code shall be admitted to the
schools of the district in which the child resides if at least
one
of the child's parents is in a residential or correctional
facility or a juvenile residential placement and the other
parent,
if living and not in such a facility or placement, is not
known to
reside in this state.
(D) Regardless of who has custody or care of the child,
whether the child resides in a home, or whether the child receives
special
education, if a district admits a child under division (C)
of
this section, tuition shall be paid to that district as
follows:
(1) If the child's parent is in a juvenile residential
placement, by the district in which the child's parent resided at
the time the parent became subject to the jurisdiction of the
juvenile court;
(2) If the child's parent is in a correctional facility,
by
the district in which the child's parent resided at the time
the
sentence was imposed;
(3) If the child's parent is in a residential facility, by
the district in which the parent resided at the time the parent
was
admitted to the residential facility, except that if the
parent
was transferred from another residential facility, tuition
shall
be paid by the district in which the parent resided at the
time
the parent was admitted to the facility from which the parent
first was
transferred;
(4) In the event of a disagreement as to which school
district is liable for tuition under division (C)(1), (2), or (3)
of this section, the superintendent of public instruction shall
determine which district shall pay tuition.
(E) If a child covered by division (D) of this section
receives special education in accordance with Chapter 3323. of
the
Revised Code, the tuition shall be paid in accordance with
section
3323.13 or 3323.14 of the Revised Code. Tuition for
children who
do not receive special education shall be paid in
accordance with
division (J) of section 3313.64 of the Revised
Code.
Sec. 3313.673. (A) Except as provided in division (B) of
this section, prior to the first day of November of the school
year in which a pupil is enrolled for the first time in either
kindergarten or first grade, the pupil shall be screened for
hearing, vision, speech and communications, and health or medical
problems and for any developmental disorders. If the results of
any screening reveal the possibility of special learning needs,
the board of education of the school district shall conduct
further assessment in accordance with Chapter 3323. of the
Revised
Code. The board may provide any of the elements of the
screening
program itself, contract with any person or
governmental entity to
provide any such elements, or request the
parent to obtain any
such elements from a provider selected by
the parent. If the board
conducts hearing and vision screening
itself or contracts for
hearing and vision screening, such
screening shall be conducted
pursuant to sections 3313.50,
3313.69, and 3313.73 of the Revised
Code.
(B) Prior to the first day of August of the school year in
which a pupil is required to be screened under this section, the
board shall provide parents with information about the district's
screening program. If the board chooses to request parents to
obtain any screening services, it shall provide lists of
providers
to parents together with information about such
screening services
available in the community to parents who
cannot afford them. Any
parent requested to obtain any screening
services under this
division may sign a written statement to the
effect that he the
parent does not wish to have his
the parent's child receive such
screening.
(C) Each district shall report the aggregate results of the
screenings required under this section in the manner prescribed by
guidelines established for that purpose by the state board of
education under division (B)(1)(p) of section 3301.0714 of the
Revised Code.
Sec. 3313.68. The board of education of each city,
exempted
village, or local school district may appoint one or
more school
physicians and one or more school dentists. Two or
more school
districts may unite and employ one such physician and
at least one
such dentist whose duties shall be such as are
prescribed by law.
Said school physician shall hold a license to
practice medicine in
Ohio, and each school dentist shall be
licensed to practice in
this state. School physicians and
dentists may be discharged at
any time by the board of education.
School physicians and dentists
shall serve one year and until
their successors are appointed and
shall receive such
compensation as the board of education
determines. The board of
education may also employ registered
nurses, as defined by
section 4723.01 and licensed as school
nurses
under section 3319.22 Chapter 3319. of the Revised Code, to
aid in such
inspection
in such ways as are prescribed by it, and
to aid in the
conduct and
coordination of the school health
service program.
The
school
dentists shall make such examinations
and diagnoses and
render
such remedial or corrective treatment for
the school
children as
is prescribed by the board of education;
provided that
all such
remedial or corrective treatment shall be
limited to the
children
whose parents cannot otherwise provide for
same, and then
only
with the written consent of the parents or
guardians of such
children. School dentists may also conduct such
oral hygiene
educational work as is authorized by the board of
education.
The board of education may delegate the duties and powers
provided for in this section to the board of health or officer
performing the functions of a board of health within the school
district, if such board or officer is willing to assume the same.
Boards of education shall co-operate with boards of health in the
prevention and control of epidemics.
Sec. 3313.713. (A) As used in this section:
(1) "Drug" means a drug,
as defined
in section 4729.01 of the
Revised Code, that
is to be
administered
pursuant to the
instructions of the
prescriber, whether
or not required by law to
be sold
only upon a
prescription.
(2) "Federal law" means the "Individuals with Disabilities
Education Act of
1997,"
111 Stat.
37, 20 U.S.C.
1400, as amended.
(3) "Prescriber" has the same meaning as in section 4729.01
of the Revised Code.
(B) The board of education of each city, local, exempted
village, and joint vocational school district shall, not later
than one hundred twenty days after
September 20, 1984, adopt a
policy on the authority
of its
employees, when
acting in
situations other than those
governed by
sections
2305.23,
2305.231, and 3313.712 of the
Revised Code, to
administer
drugs
prescribed
to students enrolled
in
the schools
of the district.
The policy shall provide either
that:
(1) Except as otherwise required by federal law, no person
employed by the board shall, in the course of such employment,
administer any drug prescribed
to any student
enrolled in the
schools of the district.
(2) Designated persons
employed by the board are
authorized
to administer to a student a
drug prescribed
for
the student.
Effective July 1, 2011, only registered nurses and licensed
practical nurses licensed under Chapter 4723. of the Revised Code
and employed by the board may administer to a student a drug
prescribed for the student. Except as otherwise provided by
federal law, the
board's policy may provide that certain drugs or
types of drugs
shall not be administered or that no employee, or
no employee
without appropriate training, shall use certain
procedures, such
as injection, to administer a drug to a student.
(C) No drug prescribed
for a student shall
be
administered
pursuant to federal law or a policy adopted under
division (B) of
this section until the following occur:
(1) The board, or a person designated by the board,
receives
a written request, signed by the parent, guardian, or
other person
having care or charge of the student, that the drug
be
administered to the student.
(2) The board, or a person designated by the board,
receives
a statement, signed by the
prescriber, that
includes all of the
following information:
(a) The name and address of the student;
(b) The school and class in which the student is enrolled;
(c) The name of the drug and the dosage to be
administered;
(d) The times or intervals at which each dosage of the
drug
is to be administered;
(e) The date the administration of the drug is to begin;
(f) The date the administration of the drug is to cease;
(g) Any severe adverse reactions that should be reported
to
the
prescriber and one or more phone numbers at which
the
prescriber
can be reached in an emergency;
(h) Special instructions for administration of the drug,
including sterile conditions and storage.
(3) The parent, guardian, or other person having care or
charge of the student agrees to submit a revised statement signed
by the
prescriber to the board
or a person
designated by the board
if any of the information
provided by the
prescriber pursuant to
division (C)(2)
of this section changes.
(4) The person authorized by the board to administer the
drug
receives a copy of the statement required by division (C)(2)
or
(3) of this section.
(5) The drug is received by the person authorized to
administer the drug to the student for whom the drug is
prescribed
in the container in which it was dispensed
by the
prescriber or a
licensed pharmacist.
(6) Any other procedures required by the board are
followed.
(D) If a drug
is administered to
a
student, the board of
education shall acquire and retain copies
of
the written requests
required by division (C)(1) and the
statements required by
divisions (C)(2) and (3) of this section
and shall ensure that by
the next school day following the
receipt
of any such statement a
copy is given to the person
authorized to
administer drugs to the
student for whom the
statement has been
received. The board, or a
person designated
by the board, shall
establish a location in each
school building
for the storage of
drugs to be administered under
this section
and federal law. All
such drugs shall be stored in
that location
in a locked storage
place, except that drugs that
require
refrigeration may be kept in
a refrigerator in a place not
commonly used by students.
(E) No person who has been authorized by a board of
education
to administer a drug and has a copy of the most recent
statement
required by division (C)(2) or (3) of this section
given
to the
person in accordance with division (D) of this
section
prior to
administering the drug is liable in civil damages for
administering or failing to administer the drug, unless such
person acts in a manner that constitutes gross negligence or
wanton or reckless misconduct.
(F)
A board of education
may
designate
a
person or persons to
perform any function or functions
in
connection with a drug policy
adopted under this section either by name or by position,
training,
qualifications, or similar distinguishing factors.
Nothing in this section shall be construed to require a
person employed by a board of education to administer a drug to a
student unless the board's policy adopted in compliance with this
section establishes such a requirement. A board shall not
require
an employee to administer a drug to a student if the
employee
objects, on the basis of religious convictions, to
administering
the drug.
A policy adopted by a board of education pursuant to this
section may be changed, modified, or revised by action of the
board.
Nothing in this section affects the application of section
2305.23, 2305.231, or 3313.712 of the Revised Code to the
administration of emergency care or treatment to a student.
Sec. 3313.174 3313.82. The board of education of each city
and
exempted village school district and, the governing board of
each educational service center, the governing authority of each
community school established under Chapter 3314. of the Revised
Code, and the governing body of each STEM school established under
Chapter 3326. of the Revised Code shall appoint a
business
advisory council. The council shall advise and provide
recommendations to the board, governing authority, or
governing
body on matters specified by the board, governing
authority, or
governing body
including, but not necessarily
limited to, the
delineation of
employment skills and the
development of
curriculum to instill
these skills; changes in the
economy and in
the job market, and
the types of employment in
which future jobs
are most likely to
be available; coordination
with the Ohio
skills bank and university system of Ohio
institutions;
development of the response to and implementation of
recommendations from a performance audit conducted under section
3306.32 or 3316.042 of the Revised Code; and suggestions for
developing a working
relationship among businesses, labor
organizations, and
educational personnel in the district or in the
territory of served by the educational
service center, community
school, or STEM school. Each board, governing authority, or
governing body shall
determine the membership and organization of
its council, and annually shall report to the department of
education the names of the council members.
Notwithstanding
division (D) of section 3311.19 and division (D)
of section
3311.52 of the Revised Code, this section shall not
apply to the
board of education of any joint vocational school
district or any
cooperative education school district created
pursuant to
divisions (A) to (C) of section 3311.52 of the
Revised Code.
Sec. 3313.821. (A) The board of education of each school
district, the governing authority of each community school
established under Chapter 3314. of the Revised Code, and the
governing body of each STEM school established under Chapter 3326.
of the Revised Code shall appoint a family and community
engagement team. Each team shall do the following:
(1) Work with local county family and children first councils
established under section 121.37 of the Revised Code to recommend
to the board, governing authority, or governing body
qualifications and responsibilities to be included in the job
descriptions for school family and community engagement
coordinators;
(2) Develop five-year family and community engagement plans;
(3) Provide annual progress reports on the development and
implementation of the plan. The board, governing authority, or
governing body shall submit the plan and annual progress reports
to the county family and children first council.
(4) Advise and provide recommendations to the board,
governing authority, or governing body on matters specified by the
board, governing authority, or governing body.
(B) Each board, governing authority, and governing body shall
determine the membership and organization of its family and
community engagement team, provided that it shall include parents,
community representatives, health and human service
representatives, business representatives, and any other
representatives identified by the board, governing authority, or
governing body.
(C) Notwithstanding section 3311.055, this section does not
apply to the governing board of an educational service center.
Sec. 3313.976. (A) No private school may
receive scholarship
payments from parents pursuant to section
3313.979 of the Revised
Code until the chief
administrator of the private school registers
the school with the
superintendent of public instruction. The
state superintendent shall register
any school that meets the
following requirements:
(1) The school is located within the boundaries of the
pilot
project school district;
(2) The school indicates in writing its commitment to
follow
all requirements for a state-sponsored scholarship program
specified
under
sections 3313.974 to 3313.979 of the Revised
Code,
including, but not limited to, the requirements
for
admitting
students pursuant to section 3313.977 of the Revised
Code;
(3) The school meets all state minimum standards for
chartered nonpublic schools in effect on July 1, 1992,
except that
the state superintendent at the superintendent's discretion may
register
nonchartered
nonpublic schools
meeting the other
requirements of this division;
(4) The school does not discriminate on the basis of
race,
religion, or ethnic background;
(5) The school enrolls a minimum of ten students per
class or
a sum of at least twenty-five students in all the
classes offered;
(6) The school does not advocate or foster unlawful
behavior
or teach hatred of any person or group on the basis of
race,
ethnicity, national origin, or religion;
(7) The school does not provide false or misleading
information about the school to parents, students, or the general
public;
(8) For students in grades kindergarten through eight, the
school agrees not to charge any tuition to
low-income families
receiving ninety per cent of the scholarship amount through the
scholarship program, pursuant to division (A) of section 3313.978
of the Revised Code, in
excess of ten per
cent of the scholarship
amount established pursuant to division
(C)(1) of section 3313.978
of the Revised
Code, excluding any increase described in division
(C)(2) of that section. The
school shall permit any such tuition,
at the discretion of the
parent, to be satisfied by the low-income
family's provision of
in-kind contributions or services.
(9) For students in grades kindergarten through eight, the
school agrees not to charge any tuition to low-income families
receiving a seventy-five per cent scholarship amount through the
scholarship program, pursuant to division (A) of section 3313.978
of the Revised Code, in excess of the difference between the
actual tuition charge of the school and seventy-five per cent of
the scholarship amount established pursuant to division (C)(1) of
section 3313.978 of the Revised Code, excluding any increase
described in division (C)(2) of that section. The school shall
permit such tuition, at the discretion of the parent, to be
satisfied by the low-income family's provision of in-kind
contributions or services.
(10) The school agrees not to charge any tuition to families
of students in grades nine through twelve receiving a scholarship
in excess of the actual tuition charge of the school less
seventy-five or ninety per cent of the scholarship amount
established pursuant to division (C)(1) of section 3313.978 of the
Revised Code, as applicable, excluding any increase described in
division (C)(2) of that section.
(11) Notwithstanding division (K) of section 3301.0711 of the
Revised Code, the school annually administers the tests prescribed
by section 3301.0710 of the Revised Code to each student enrolled
in the school in accordance with section 3301.0711 of the Revised
Code and reports to the department of education the results of
each such test administered to each student.
(B) The state superintendent shall revoke
the registration of
any school if, after a hearing, the superintendent
determines
that
the school is in violation of any of the provisions of
division
(A) of this section.
(C) Any public school located in a school district
adjacent
to
the pilot project district may receive scholarship payments on
behalf of parents pursuant to
section 3313.979 of the Revised Code
if the
superintendent of the district in which such public school
is
located notifies the state superintendent prior to the first
day of
March that the district
intends to admit students from the
pilot project district
for the ensuing school year pursuant to
section 3327.06 of the
Revised
Code.
(D) Any parent wishing to purchase tutorial
assistance from
any person or governmental entity pursuant to the
pilot project
program under sections 3313.974 to
3313.979 of the Revised Code
shall apply to the
state superintendent. The state superintendent
shall approve
providers who appear to possess the capability of
furnishing the
instructional services they are offering to
provide.
Sec. 3313.98. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
the provisions of this section and sections 3313.981 to 3313.983
of the Revised Code that apply to a city school district do not
apply to a joint vocational or cooperative education school
district unless expressly specified.
(A) As used in this section and sections 3313.981 to
3313.983
of the Revised Code:
(1) "Parent" means either of the natural or adoptive
parents
of a student, except under the following conditions:
(a) When the marriage of the natural or adoptive parents
of
the student has been terminated by a divorce, dissolution of
marriage, or annulment or the natural or adoptive parents of the
student are living separate and apart under a legal separation
decree and the court has issued an order allocating the parental
rights and responsibilities with respect to the student, "parent"
means the residential parent as designated by the court except
that "parent" means either parent when the court issues a shared
parenting decree.
(b) When a court has granted temporary or permanent
custody
of the student to an individual or agency other than
either of the
natural or adoptive parents of the student,
"parent" means the
legal custodian of the child.
(c) When a court has appointed a guardian for the student,
"parent" means the guardian of the student.
(2) "Native student" means a student entitled under
section
3313.64 or 3313.65 of the Revised Code to attend school
in a
district adopting a resolution under this section.
(3) "Adjacent district" means a city, exempted village,
or
local school district having territory that abuts the
territory of
a district adopting a resolution under this section.
(4) "Adjacent district student" means a student entitled
under section 3313.64 or 3313.65 of the Revised Code to attend
school in an adjacent district.
(5) "Adjacent district joint vocational student" means
an
adjacent district student who enrolls in a city, exempted
village,
or local school district pursuant to this section and
who also
enrolls in a joint vocational school district that does
not
contain the territory of the district for which that student
is a
native student and does contain the territory of the city,
exempted village, or local district in which the student enrolls.
(6) "Formula amount" has the same meaning as in section
3317.02
of the Revised Code.
(7) "Adjusted formula amount" means the sum of the formula
amount plus the per pupil amount of the
base funding
supplements
specified in divisions (C)(1) to (4) of
section
3317.012
"Formula ADM" has the same meaning as in section 3317.02
of the
Revised Code.
(8)(7) "Poverty line" means the poverty line established by
the
director of the United States office of management and budget
as
revised by the director of the office of community services in
accordance with section 673(2) of the "Community Services Block
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended.
(9)(8) "IEP" has the same meaning as in section 3323.01 of
the
Revised Code.
(10)(9) "Other district" means a city,
exempted village, or
local school district having territory
outside of the territory of
a district adopting a resolution
under this section.
(11)(10) "Other district student" means a student entitled
under
section 3313.64 or 3313.65 of the Revised Code to attend
school in
an
other district.
(12)(11) "Other district joint vocational student" means a
student who is enrolled in any city, exempted village, or local
school district and who also enrolls in a joint vocational
school
district that does not contain the territory of the
district for
which that student is a native student in
accordance with a policy
adopted under section 3313.983 of the
Revised Code.
(B)(1) The board of education of each city, local, and
exempted village school district shall adopt a resolution
establishing for the school district one of the following
policies:
(a) A policy that entirely
prohibits the enrollment of
students from adjacent districts or
other districts, other than
students for whom
tuition is
paid in accordance with section
3317.08 of the Revised Code;
(b) A policy that permits
enrollment of students from all
adjacent
districts in accordance with policy statements contained
in
the resolution;
(c) A policy that permits enrollment of
students from all
other districts in accordance with policy
statements contained in
the resolution.
(2) A policy permitting enrollment of students from adjacent
or from other districts, as applicable, shall
provide for all of
the following:
(a) Application procedures, including deadlines for
application and for notification of students and the
superintendent of
the applicable district whenever an adjacent or
other
district student's application is
approved.
(b) Procedures for admitting adjacent or other district
applicants free of
any tuition obligation to the district's
schools,
including, but not limited to:
(i) The establishment of district capacity limits by grade
level, school building, and education program;
(ii) A requirement that all native students wishing to be
enrolled in the district will be enrolled and that any adjacent
or
other district students previously
enrolled in the district shall
receive preference over first-time applicants;
(iii) Procedures to ensure that an appropriate racial
balance
is maintained in the district schools.
(C) Except as provided in section 3313.982 of the Revised
Code, the procedures for admitting adjacent or other district
students, as applicable, shall not include:
(1) Any requirement of academic ability, or any level of
athletic, artistic, or other extracurricular skills;
(2) Limitations on admitting applicants because of
disability, except that a board may refuse
to admit
a student
receiving services under Chapter
3323. of the
Revised Code, if
the services described in the
student's IEP are
not available in
the district's schools;
(3) A requirement that the student be proficient in the
English language;
(4) Rejection of any applicant because the student has
been
subject to disciplinary proceedings, except that if an
applicant
has been suspended or expelled by the
student's district
for ten
consecutive days or more in the term for which admission
is sought
or in the term immediately preceding the term for which
admission
is sought, the procedures may include a provision
denying
admission of such applicant.
(D)(1) Each school board permitting only enrollment of
adjacent
district students shall provide information about the
policy adopted under this section, including the application
procedures and deadlines, to the superintendent and the board of
education of each adjacent district and, upon request, to the
parent of any adjacent district student.
(2) Each school board permitting enrollment of other
district
students shall provide information about the policy
adopted under
this section, including the application procedures
and deadlines,
upon request, to the board of education of any
other school
district or to the parent of any student
anywhere in the state.
(E) Any school board shall accept all credits toward
graduation earned in adjacent or other district schools by an
adjacent or other district student or a native student.
(F)(1) No board of education may adopt a policy
discouraging
or prohibiting its native students from applying to
enroll in the
schools of an adjacent or any other district that has
adopted a
policy permitting such enrollment, except that:
(a) A district may object to the enrollment of a native
student in an adjacent or other district in order to maintain an
appropriate racial balance.
(b) The board of education of a district receiving funds
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,
may adopt a resolution objecting to the enrollment of its native
students in adjacent or other districts if at least ten per cent
of
its students are included in the determination of the United
States secretary
of education made under section 20 U.S.C.A.
238(a).
(2) If a board objects to enrollment of native students
under
this division, any adjacent or other district shall refuse to
enroll
such native students unless tuition is paid for the
students in
accordance with section 3317.08 of the Revised Code.
An adjacent
or other district enrolling such students may not
receive funding for
those students in accordance with section
3313.981 of the Revised
Code.
(G) The state board of education shall monitor school
districts to ensure compliance with this section and the
districts' policies. The board may adopt rules requiring uniform
application procedures, deadlines for application, notification
procedures, and record-keeping requirements for all school boards
that adopt policies permitting the enrollment of adjacent or other
district students, as applicable. If
the state board adopts such
rules, no
school board shall adopt a policy that conflicts with
those
rules.
(H) A resolution adopted by a board of education under
this
section that entirely prohibits the enrollment of students
from
adjacent and from other school districts does not abrogate any
agreement
entered into under section 3313.841 or 3313.92 of the
Revised
Code or any contract entered into under section 3313.90 of
the
Revised Code between the board of education adopting the
resolution and the board of education of any adjacent or other
district or prohibit these boards of education from entering into
any such
agreement or contract.
(I) Nothing in this section shall be construed to permit
or
require the board of education of a city, exempted village, or
local school district to exclude any native student of the
district from enrolling in the district.
Sec. 3313.981. (A) The state board of education shall adopt
rules
requiring all of the following:
(1) The board of education of each city, exempted village,
and local school district to annually report to the department of
education all of the following:
(a) The number of
adjacent district or other district
students, as
applicable, and adjacent district or other district
joint
vocational students, as applicable, enrolled in the district
and
the number of native students enrolled in adjacent or other
districts,
in accordance with a policy adopted under division (B)
of section 3313.98 of
the Revised Code;
(b) Each
adjacent district or other district student's or
adjacent district
or other district joint vocational student's
date of enrollment in the
district;
(c) The full-time equivalent number of adjacent district or
other
district students enrolled in vocational education programs
or classes
described in division (A) of section 3317.014 of the
Revised Code and the
full-time equivalent number of such students
enrolled in vocational education
programs or classes described in
division (B) of that section;
(d) Each native student's date of enrollment in an adjacent
or
other district.
(2) The board of education of each joint vocational school
district to annually report to the department all of the
following:
(a) The number of adjacent
district or other
district joint
vocational students, as applicable, enrolled in the district;
(b) The full-time equivalent number of adjacent district or
other
district joint vocational students enrolled in vocational
education programs
or classes described in division (A) of section
3317.014 of the Revised Code
and the
full-time equivalent number
of such students enrolled in vocational education
programs or
classes described in division (B) of that section;
(c) For each adjacent district or other
district joint
vocational
student, the city, exempted village, or local school
district in
which the student is also enrolled.
(3) Prior to the first full school week in October each
year,
the superintendent of each city, local, or exempted village school
district that admits adjacent district or other district students
or adjacent
district or other district joint vocational students
in accordance with a
policy adopted under division (B) of section
3313.98 of the Revised Code to
notify each adjacent or other
district where those students are entitled to
attend school under
section 3313.64 or 3313.65 of the Revised Code of the
number of
the adjacent or other district's native students who are enrolled
in
the superintendent's
district under the policy.
The rules shall provide for the method of counting students
who are enrolled for part of a school year in an adjacent or other
district or as an adjacent district or other district joint
vocational
student.
(B) From the payments made to a city, exempted village, or
local school district under Chapter 3317. of the Revised Code,
the
department of education shall annually subtract both of the
following:
(1) An amount equal to the number of the district's native
students reported under division (A)(1) of this section who are
enrolled in adjacent or other school districts pursuant to
policies
adopted by such districts under division (B) of section
3313.98 of the Revised Code multiplied by the adjusted
formula
amount for the district;
(2) The excess costs computed in accordance with division
(E)
of this section for any such native students receiving
special
education and related services in adjacent or other school
districts or as an adjacent district or other district joint
vocational
student;
(3) For the full-time equivalent number of the district's
native students
reported under division (A)(1)(c) or
(2)(b) of
this section as enrolled in vocational education
programs or
classes described in section 3317.014 of the Revised Code, an
amount equal to the
formula amount times the applicable multiple
prescribed by that section.
(C) To the payments made to a city, exempted village, or
local school district under Chapter 3317. of the Revised Code,
the
department of education shall annually add all of the
following:
(1) An amount equal to the adjusted formula amount for the
district multiplied by the remainder obtained by subtracting the
number of adjacent district or other district joint vocational
students
from the
number of adjacent district or other district
students enrolled in the
district, as
reported under division
(A)(1) of this section;
(2) The excess costs computed in accordance with division
(E)
of this section for any adjacent district or other district
students, except for any adjacent or other district joint
vocational students,
receiving
special education and related
services in the district;
(3)
For the full-time equivalent number of the adjacent or
other district
students who are not adjacent district or other
district joint vocational
students and are reported under division
(A)(1)(c) of
this section as enrolled in vocational education
programs or classes described
in section 3317.014 of the Revised
Code, an amount equal to the formula amount times the
applicable
multiple prescribed by that section;
(4) An amount equal to the number of adjacent district or
other
district
joint vocational students reported under division
(A)(1) of this
section multiplied by an amount equal to twenty per
cent of the
adjusted formula amount for the district.
(D) To the payments made to a joint vocational school
district under Chapter 3317. of the Revised Code, the department
of education shall add, for each adjacent district or other
district
joint
vocational student reported under division (A)(2)
of this
section, both of the following:
(1) An amount equal to the adjusted formula
amount of the
city, exempted village, or local school district in
which the
student is also enrolled;
(2) An amount equal to the full-time equivalent number of
students
reported pursuant to division (A)(2)(b) of this
section
times the formula amount times the applicable multiple prescribed
by
section 3317.014 of the Revised Code Each student enrolled in a
school of an adjacent or other district under an
open enrollment
policy adopted under section 3313.98 of the
Revised Code shall be
counted in the formula ADM of the district
in which the student
is enrolled and not in the formula ADM of the
district in which
the student is entitled to attend school under
section 3313.64 or
3313.65 of the Revised Code. Accordingly, the
district in which
the student is enrolled shall be credited with
state funds for
the student under Chapters 3306. and 3317. of the
Revised Code.
(E)(C)(1) A city, exempted village, or local school district
board
providing special education and related services to an
adjacent
or other district student in
accordance with an IEP
shall, pursuant to
rules of the state board, compute the excess
costs to educate
such student as follows:
(a) Subtract the adjusted formula amount for the district by
subtracting
from the actual costs to educate the student;
(b) From the amount computed under division (E)(1)(a) of
this
section subtract the amount of any funds received by the
district
under Chapter Chapters 3306. and 3317. of the Revised Code to
provide
special education and related services to the student.
(2) The board shall report the excess costs computed under
this division to the department of education.
(3) If any student for whom excess costs are computed
under
division (E)(C)(1) of this section is an adjacent or other
district
joint vocational student, the department of education
shall add
the amount of such excess costs to the payments made
under
Chapter Chapters 3306. and 3317. of the Revised Code to the
joint vocational school
district enrolling the student.
(F) As provided in division
(D)(1)(b) of section 3317.03 of
the Revised Code, no
joint vocational
school district shall count
any
adjacent or other district joint vocational student enrolled
in the
district in its formula ADM certified under
section 3317.03
of the Revised Code.
(G) No city, exempted village, or local school district
shall
receive a payment under division (C) of this section for a
student, and no joint vocational school district shall receive a
payment under
division (D) of this section for a student, if for
the same school
year that student is counted in the district's
formula ADM certified under
section 3317.03 of the Revised Code.
(H)(D) Upon request of a parent, and provided the board
offers transportation to native students of the same grade level
and distance from school under section 3327.01 of the Revised
Code, a city, exempted village, or local school board enrolling
an
adjacent or other district student shall provide transportation
for the
student within the boundaries of the board's district,
except
that the board shall be required to pick up and drop off a
nonhandicapped student only at a regular school bus stop
designated in accordance with the board's transportation policy.
Pursuant to rules of the state board of education, such board may
reimburse the parent from funds received under division (D)
of
section 3317.022 3306.12 of the Revised Code for the reasonable
cost of
transportation from the student's home to the designated
school bus stop if
the student's family has an income below the
federal poverty line.
Sec. 3314.012. (A) Within ninety days
of September
28, 1999,
the superintendent of
public instruction shall appoint
representatives of the department
of education, including
employees who work with the education
management information
system and employees of the office of
community schools
established by section 3314.11 of the Revised Code,
to a committee
to develop report card models for community schools. The
director
of the legislative office of education oversight
shall also
appoint representatives to the committee. The
committee shall
design model report cards appropriate for the
various types of
community schools approved to operate in the
state. Sufficient
models shall be developed to reflect the
variety of grade levels
served and the missions of the state's
community schools. All
models shall include both financial and
academic data. The initial
models shall be developed by March 31,
2000.
(B) The department of education shall issue an annual
report
card for each community school, regardless of how long the school
has been in operation. The report card shall report
the academic
and financial performance of the school utilizing one of the
models developed under division (A) of this section. The report
card shall include all information applicable to school buildings
under division (A) of section 3302.03 of the Revised Code and
section 3302.032 of the Revised Code.
(C) Upon receipt of a copy of a contract between a sponsor
and a
community school entered into under this chapter, the
department of education
shall notify the community school of the
specific model report card that will
be used for that school.
(D) Report cards shall be distributed to the parents of all
students
in the community school, to the members of the board of
education
of the school district in which the community school is
located,
and to any person who requests one from the department.
(E) No report card shall be issued for any community school
under
this section until the school has been open for instruction
for two full
school years.
Sec. 3314.014. (A) As used in this chapter, "operator" means
either of the following:
(1) An individual or organization A nonprofit entity that
manages the daily operations of a community school pursuant to a
contract between the operator and the school's governing
authority;
(2) A nonprofit organization that provides programmatic
oversight and support to a community school under a contract with
the school's governing authority and that retains the right to
terminate its affiliation with the school if the school fails to
meet the organization's quality standards.
(B)(1) Notwithstanding the limit prescribed by division
(A)(4) of section 3314.013 of the Revised Code, a start-up school
sponsored by an entity described in divisions (C)(1)(b) to (f) of
section 3314.02 of the Revised Code may be established after the
date that limit is reached, provided the school's governing
authority enters into a contract with an operator permitted to
manage the school under division (C) of this section.
(2) Notwithstanding the limit prescribed by division (A)(5)
of section 3314.013 of the Revised Code, a conversion school that
is an internet- or computer-based community school or a start-up
school sponsored by the school district in which the school is or
is proposed to be located may be established after the date that
limit is reached, provided the school's governing authority enters
into a contract with an operator permitted to manage the school
under division (C) of this section. However, a conversion school
that is an internet- or computer-based community school may be
established after that date only if the prohibition prescribed by
division (A)(6) of section 3314.013 of the Revised Code is no
longer in effect.
(C) An operator may enter into contracts with the governing
authorities of community schools established after the date the
limit prescribed by division (A)(4) or (5) of section 3314.013 of
the Revised Code, as applicable, is reached, provided the total
number of schools for which the operator enters into such
contracts, excluding conversion schools that are not internet- or
computer-based community schools, does not exceed the number of
community schools managed by the operator in Ohio or other states
on the applicable date that are rated excellent, effective, or in
need of continuous improvement pursuant to section 3302.03 of the
Revised Code or perform comparably to schools so rated, as
determined by the department of education.
(D) Notwithstanding the limit prescribed by division (A)(4)
of section 3314.013 of the Revised Code, after the date the limit
prescribed in that division is reached, the governing authority of
a start-up school sponsored by an entity described in divisions
(C)(1)(b) to (f) of section 3314.02 of the Revised Code may
establish one additional school serving the same grade levels and
providing the same educational program as the current start-up
school and may open that additional school in the 2006-2007 school
year, if both of the following conditions are met:
(1) The governing authority entered into another contract
with the same sponsor or a different sponsor described in
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code
and filed a copy of that contract with the superintendent of
public instruction prior to March 15, 2006.
(2) The governing authority's current school satisfies all of
the following conditions:
(a) The school currently is rated as excellent or effective
pursuant to section 3302.03 of the Revised Code.
(b) The school made adequate yearly progress, as defined in
section 3302.01 of the Revised Code, for the previous school year.
(c) The school has been in operation for at least four school
years.
(d) The school is not managed by an operator.
Sec. 3314.015. (A) The department of education shall be
responsible for the oversight of any and all sponsors of the
community schools
established
under this chapter and shall provide
technical
assistance to schools and sponsors in their compliance
with
applicable laws and the terms of the contracts entered into
under
section 3314.03 of the Revised Code and in the development
and
start-up activities of those schools. In carrying out its
duties
under this section, the department shall do all of the
following:
(1) In providing technical assistance to proposing parties,
governing authorities, and sponsors, conduct training sessions and
distribute informational materials;
(2) Approve entities to be sponsors of community schools and
monitor;
(3) Monitor the effectiveness of those any and all sponsors
in their oversight of
the schools with which they have contracted;
(3)(4) By December thirty-first of each year, issue a report
to
the governor, the speaker of
the house of representatives, the
president of the senate, and the
chairpersons of the house and
senate committees principally
responsible for education matters
regarding the effectiveness of
academic programs, operations, and
legal compliance and of the financial condition of all
community
schools established under this chapter and on the performance of
community school sponsors;
(4)(5) From time to time, make legislative recommendations to
the general assembly designed to enhance the operation and
performance of community schools.
(B)(1) No Except as provided in sections 3314.021 and
3314.027 of the Revised Code, no entity listed in division (C)(1)
of section
3314.02
of the Revised Code shall enter into a
preliminary
agreement under
division (C)(2) of section 3314.02 of
the Revised
Code until it
has received approval from the
department of
education to sponsor
community schools under this
chapter and has
entered into a
written agreement with the
department regarding the
manner in
which the entity will conduct
such sponsorship. The
department
shall adopt in accordance with
Chapter 119. of the
Revised Code
rules containing criteria,
procedures, and
deadlines
for
processing applications for such
approval, for oversight of
sponsors, for revocation of the
approval of sponsors, and for
entering into written agreements
with sponsors. The
rules shall
require an entity to submit
evidence of the entity's
ability and
willingness to comply with
the provisions of division
(D) of
section 3314.03 of the Revised
Code. The rules also shall require
entities approved as sponsors
on and after June 30, 2005, to
demonstrate a record of financial
responsibility and successful
implementation of educational
programs. If an entity seeking
approval on or after June 30,
2005, to sponsor community schools
in this state sponsors or
operates schools in another state, at
least one of the schools
sponsored or operated by the entity must
be comparable to or
better than the performance of Ohio schools in
need of
continuous improvement under
section 3302.03 of the
Revised
Code, as determined by the
department.
An entity that sponsors community schools may
enter into
preliminary agreements and sponsor schools as follows, provided
each school and the contract for
sponsorship meets the
requirements of this chapter:
(a) An entity that sponsored fifty or fewer schools that were
open for operation as of May 1, 2005, may sponsor not more than
fifty schools.
(b) An entity that sponsored more than fifty but not more
than seventy-five schools that were open for operation as of May
1, 2005, may sponsor not more than the number of schools the
entity sponsored that were open for operation as of May 1, 2005.
(c) Until June 30, 2006, an entity that sponsored more than
seventy-five schools that were open for operation as of May 1,
2005, may sponsor not more than the number of schools the entity
sponsored that were open for operation as of May 1, 2005. After
June 30, 2006, such an entity may sponsor not more than
seventy-five schools.
Upon approval of an entity to be a sponsor under this
division, the department shall notify the entity of the number of
schools the entity may sponsor.
The limit imposed on an entity to which division (B)(1) of
this section applies shall be decreased by one for each school
sponsored by the entity that permanently closes.
If at any time an entity exceeds the number of schools it may
sponsor under this division, the department shall assist the
schools in excess of the entity's limit in securing new sponsors.
If a school is unable to secure a new sponsor, the department
shall assume sponsorship of the school in accordance with division
(C) of this section. Those schools for which another sponsor or
the department assumes sponsorship shall be the schools that most
recently entered into contracts with the entity under section
3314.03 of the Revised Code.
(2) The department of education shall determine, pursuant to
criteria adopted by rule of the department, whether the mission
proposed to be specified in the contract of a community school to
be sponsored by a state university board of trustees or the
board's designee under division (C)(1)(e) of section 3314.02 of
the Revised Code complies with the requirements of that division.
Such determination of the department is final.
(3) The department of education shall determine, pursuant to
criteria adopted by rule of the department, if any tax-exempt
entity under section 501(c)(3) of the Internal Revenue Code that
is proposed to be a sponsor of a community school is an
education-oriented entity for purpose of satisfying the condition
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the
Revised Code. Such determination of the department is final.
(C) If at any time the state board of education
finds that a
sponsor is not in compliance or is no longer willing
to comply
with its contract with any community school or with the
department's rules for sponsorship, the
state board or designee
shall conduct a hearing in accordance with Chapter
119. of the
Revised Code on that matter. If after the hearing,
the state
board
or designee has confirmed the original finding, the
department of
education may revoke the sponsor's approval authority to
sponsor
community
schools and may assume the sponsorship of any
schools
with which
the sponsor has contracted until the earlier of
the
expiration of
two school years or until a new sponsor as
described
in division
(C)(1) of section 3314.02 of the Revised
Code is
secured by the
school's governing authority. The
department may
extend the term
of the contract in the case of a
school for which
it has assumed
sponsorship under this division
as
necessary to
accommodate the
term of the department's
authorization to sponsor
the school
specified in this division.
(D)(1) The department may declare any sponsor, including any
sponsor that is exempt pursuant to section 3314.021 or 3314.027 of
the Revised Code from obtaining the department's initial approval
to sponsor, to be in a probationary status if at any time the
sponsor has failed to take any of the following actions, which
actions the department determines are warranted:
(a) Take steps to intervene in a school's operation to
correct problems in the school's performance, including the
monitoring and enforcement of the implementation of a school's
corrective action plan required by the department;
(b) Declare a school to be in a probationary status pursuant
to section 3314.073 of the Revised Code;
(c) Suspend the operation of a school pursuant to section
3314.072 of the Revised Code;
(d) Terminate a school's contract pursuant to section 3314.07
of the Revised Code.
(2) If the department declares a sponsor to be in a
probationary status, the department shall send a written
notification stating the department's declaration, the length of
the probationary status, the reasons for the declaration, and a
requirement that the sponsor submit to the department an offer of
reasonable remedies within ten business days after the date of the
department's notice to the sponsor. If the department finds the
remedies offered by the sponsor satisfactory, the sponsor shall
take the actions necessary to implement them. The department shall
monitor the sponsor's actions to implement the remedies.
(3) If the department finds that the remedies offered by the
sponsor under division (D)(2) of this section are not
satisfactory, or if the department finds that the sponsor is not
taking the actions necessary to implement those remedies, the
department may suspend the sponsor's authority to sponsor schools
or may partially restrict the sponsor's authority to sponsor
schools by limiting the geographic territory within which the
sponsor may sponsor schools, reducing the number of schools the
sponsor may sponsor, or restricting the types of schools the
sponsor may sponsor. The department also may require the sponsor
to submit additional reports above and beyond those otherwise
required by law.
(4) If the department suspends or restricts a sponsor's
authority to sponsor schools under division (D)(3) of this
section, the department shall assign another sponsor that is
approved by the department and that agrees to do so to sponsor any
school affected by the suspension or restriction until the
department rescinds the suspension or restriction, another
permanent sponsor is secured, or the school's contract under
section 3314.03 of the Revised Code expires, whichever occurs
first.
(E) The decision of the department to disapprove an entity
for sponsorship of a community school or, to revoke approval
authority for
such sponsorship, as provided in under division (C)
of this section, or to suspend or restrict an entity's authority
to sponsor schools under division (D) of this section, may
be
appealed by the entity in accordance with section 119.12 of the
Revised Code.
(E)(F) The department shall adopt procedures for use by a
community school governing authority and sponsor when the school
permanently closes and ceases operation, which shall include at
least procedures for data reporting to the department, handling of
student records, distribution of assets in accordance with section
3314.074 of the Revised Code, and other matters related to ceasing
operation of the school.
(F)(G) In carrying out its duties under this chapter, the
department shall not impose requirements on community schools or
their sponsors that are not permitted by law or duly adopted
rules.
Sec. 3314.016. (A) After June 30, 2007, a new start-up
school may be established under this chapter only if the school's
governing authority enters into a contract with an operator that
manages other schools in the United States that perform at a level
higher than academic watch. The governing authority of the
community school may sign a contract with an operator only if the
operator has fewer contracts with the governing authorities of new
start-up schools established under this chapter after June 30,
2007, than the number of schools managed by the operator in the
United States that perform at a level higher than academic watch,
as determined by the department of education.
However, the
governing authority shall not contract with an operator that
currently manages any community schools in Ohio for which the
department issues annual report cards under section 3314.012 of
the Revised Code, unless the latest report card issued for at
least one of those schools designates a performance rating under
section 3302.03 of the Revised Code of in need of continuous
improvement or higher.
(B) Notwithstanding division (A) of this section, the
governing authority of a start-up school sponsored by an entity
described in divisions (C)(1)(b) to (f) of section 3314.02 of the
Revised Code may establish one additional school serving the same
grade levels and providing the same educational program as the
current start-up school and may open that additional school in the
2007-2008 school year, if both of the following conditions are
met:
(1) The governing authority entered into another contract
with the same sponsor or a different sponsor described in
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code
and filed a copy of that contract with the superintendent of
public instruction prior to March 15, 2006.
(2) The governing authority's current school satisfies all of
the following conditions:
(a) The school currently is rated as excellent or effective
pursuant to section 3302.03 of the Revised Code.
(b) The school made adequate yearly progress, as defined in
section 3302.01 of the Revised Code, for the previous school year.
(c) The school has been in operation for at least four school
years.
(d) The school is not managed by an operator.
(C) Notwithstanding division (A) of this section, the
governing authority of a start-up school sponsored by the big
eight school district in which the school is located may establish
one additional start-up school that is located in the same school
district and that provides a general educational program to
students in any or all of grades kindergarten through five to
facilitate their
transition to the current start-up school, and
may open the
additional start-up school in the 2009-2010 school
year, if both
of the following conditions are met:
(1) The governing authority enters into another contract with
the same sponsor and files a copy of the contract with the
superintendent of public instruction prior to March 15, 2009.
(2) The governing authority's current school satisfies all of
the following conditions:
(a) The school provided instruction to students for eleven
months in the previous school year.
(b) The school has been in operation for at least two school
years.
(c) The school qualified to be rated in need of continuous
improvement or
higher pursuant to section 3302.03 of the Revised
Code for its
first school year of operation, even though the
department of
education did not issue a report card for the
school for that
school year.
Sec. 3314.02. (A) As used in this chapter:
(1)
"Sponsor" means
an entity listed in division
(C)(1)
of
this
section, which has been approved by the department
of
education to sponsor community schools and
with which the
governing
authority of the
proposed
community school enters into a
contract pursuant to this
section.
(2)
"Pilot project area" means
the school districts
included
in the territory of the former community
school pilot project
established by former Section 50.52 of Am. Sub. H.B. No. 215
of
the 122nd general assembly.
(3)
"Challenged school district"
means any of the following:
(a) A school district that is part of the pilot project
area;
(b) A school district that is
either in a state of academic
emergency
or in a state of academic watch under section 3302.03 of
the Revised
Code;
(c) A big eight school district.
(4)
"Big eight school district" means
a school district that
for fiscal year 1997 had
both of the following:
(a) A percentage of children residing in the
district and
participating in the predecessor of
Ohio works first greater than
thirty per cent, as reported pursuant to former section 3317.10 of
the
Revised
Code;
(b) An average daily membership greater than
twelve
thousand,
as reported pursuant to former division
(A) of section
3317.03 of
the
Revised Code.
(5)
"New start-up school" means a community school other
than
one created
by converting all or part of an existing public
school
or educational service center building, as designated in the
school's contract pursuant to
division (A)(17) of section 3314.03
of the Revised Code.
(6)
"Urban school district" means one of the state's
twenty-one
urban school districts as defined in division (O) of
section 3317.02
of the Revised Code as that section existed prior
to July 1, 1998.
(7) "Internet- or
computer-based community school" means a
community school
established under this chapter in which the
enrolled students work primarily from their residences on
assignments in nonclassroom-based learning opportunities provided
via an internet- or other computer-based
instructional method that
does not rely on regular classroom
instruction or via
comprehensive instructional methods that include internet-based,
other computer-based, and noncomputer-based learning
opportunities.
(B) Any person or group of
individuals may initially propose
under this
division the conversion of all or a portion of a public
school or a building operated by an educational service center to
a community
school.
The proposal
shall be made to the
board of
education of
the city, local, or
exempted village school
district
in
which the public school is
proposed to be converted or, in the
case of the conversion of a building operated by an educational
service center, to the governing board of the service center.
Upon
receipt of a
proposal, a board may
enter into a preliminary
agreement with the person or
group
proposing the conversion of the
public school or service center building, indicating the
intention
of the board
to
support the conversion to a
community school. A
proposing
person or group
that has a
preliminary
agreement under
this
division may proceed to finalize
plans for the school,
establish a
governing authority for the
school, and negotiate a
contract with
the board.
Provided the proposing
person or group
adheres to the
preliminary
agreement and all
provisions of this
chapter, the board shall negotiate
in good faith to
enter into a
contract
in accordance
with section
3314.03 of the
Revised Code
and
division (C) of this section.
(C)(1) Any person or group of
individuals may propose under
this division the
establishment of a new start-up school to be
located in
a challenged
school district. The proposal may be
made
to
any of the following
entities:
(a) The board of education of the
district in which the
school is proposed to be
located;
(b) The board of education of any joint
vocational school
district with territory in the county in which is
located the
majority
of the territory of the district in which the
school is
proposed to be located;
(c) The board of education of any other
city, local, or
exempted village school district having
territory in the same
county where the
district in which the school is proposed to be
located has the major
portion of its territory;
(d) The
governing
board of
any educational service
center, as
long as the proposed school will be located in a county within the
territory of the service center or in a county contiguous to such
county;
(e) A
sponsoring
authority designated by the
board
of
trustees of
any of the thirteen state universities listed in
section
3345.011 of the Revised Code
or the board of
trustees
itself
as
long as a mission of the proposed school to be specified
in the
contract under division (A)(2) of section 3314.03 of the
Revised
Code and as approved by the department of education under
division
(B)(2) of section 3314.015 of the Revised Code will be
the
practical demonstration of teaching methods,
educational
technology, or other teaching practices that are
included in the
curriculum of the university's teacher preparation
program
approved by the state board of education;
(f) Any qualified tax-exempt entity under section
501(c)(3)
of the Internal Revenue Code as long as all of the
following
conditions are satisfied:
(i) The entity has been in operation for at least five
years
prior to applying to be a community school sponsor.
(ii) The entity has assets of at least five hundred
thousand
dollars and a demonstrated record of financial responsibility.
(iii) The department of education has determined that the
entity is an education-oriented entity under division (B)(3) of
section 3314.015 of the Revised Code and the entity has a
demonstrated record of successful implementation of educational
programs.
(iv) The entity is not a community school.
Any entity
described in division (C)(1) of this
section may
enter
into a
preliminary agreement
pursuant
to
division (C)(2) of
this
section with the proposing
person or
group.
(2) A preliminary agreement indicates the
intention of
an
entity described in division (C)(1)
of this section
to
sponsor the
community school. A proposing person or
group that
has such a
preliminary agreement may proceed to
finalize plans for
the
school, establish a governing authority
as described in
division
(E) of this section
for the school, and
negotiate a
contract with
the
entity. Provided the
proposing person or
group adheres to the
preliminary agreement and
all provisions of
this chapter, the
entity shall negotiate
in good faith to
enter into a
contract in
accordance with section
3314.03 of the
Revised
Code.
(3) A new start-up school that is established in a school
district while that district is
either in a state of academic
emergency
or in a state of academic watch under section
3302.03 of
the Revised Code may
continue in
existence once the school
district is no longer
in a
state of
academic emergency
or academic
watch, provided there is a valid
contract between
the
school and a
sponsor.
(4) A copy of every preliminary agreement entered into under
this
division shall be filed with the superintendent of public
instruction.
(D) A majority vote of
the board of a sponsoring
entity
and a
majority vote of the members of the
governing authority of a
community school shall be required to
adopt a contract and
convert
the public school or educational service center building to a
community
school or establish the new
start-up school. Beginning
September 29, 2005, adoption of the
contract shall occur not
later than the fifteenth day of March,
and signing of the
contract shall occur not later than the
fifteenth day of May,
prior to the school year in which the school
will open. The
governing authority shall notify the department of
education when
the contract has been signed. Subject to sections
3314.013,
3314.014, 3314.016, and 3314.017 of the Revised
Code, an
unlimited number
of
community schools
may be
established
in any
school district
provided that a contract is
entered into
for each
community school
pursuant to
this chapter.
(E)(1) As used in this division, "immediate relatives" are
limited to spouses, children, parents, grandparents, siblings, and
in-laws.
Each new start-up community school established under
this
chapter shall be under the direction of a governing authority
which shall consist of a board of not less than five individuals.
No person shall serve on the governing authority or
operate
the community school under contract with the governing
authority
so long as the person owes the state any money or is in
a dispute
over whether the person owes the state any money
concerning the
operation of a community school that has closed.
(2) No person shall serve on the governing authorities of
more than two start-up community schools at the same time.
(3) No present or former member, or immediate relative of a
present or former member, of the governing authority of any
community school established under this chapter shall be an owner,
employee, or consultant of any nonprofit or for-profit operator of
a community school, unless at least one year has elapsed since the
conclusion of
the person's membership.
(F)(1) A new start-up school that is established prior to
August 15, 2003, in an urban school district that is not also a
big-eight school district may continue to operate after that date
and the contract between the school's governing authority and the
school's sponsor may be renewed, as provided under this chapter,
after that date, but no additional new start-up schools may be
established in such a district unless the district is a challenged
school district as defined in this section as it exists on and
after that date.
(2) A community school that was established prior to June
29,
1999, and is located in a county contiguous to the pilot
project
area and in a school district that is not a challenged
school
district may continue to operate after that date, provided
the
school complies with all provisions of this chapter. The
contract
between the school's governing authority and the
school's sponsor
may be renewed, but no additional start-up
community school may be
established in that district unless the
district is a challenged
school district.
(3) Any educational service center that, on June 30, 2007,
sponsors a community school
that is not
located in a county
within the territory of the
service center or
in a county
contiguous to such county may
continue to sponsor that
community
school on and after June 30, 2007,
and may renew its
contract
with the school. However, the
educational service center
shall
not enter into a contract with
any additional community
school
unless the school is located in a
county within the
territory of
the service center or in a county
contiguous to such
county.
Sec. 3314.021. (A) This section applies to any entity that is
exempt from taxation under section 501(c)(3) of the Internal
Revenue Code and that satisfies the conditions specified in
divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the
Revised Code but does not satisfy the condition specified in
division (C)(1)(f)(i) of that section.
(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02
of the Revised Code, an entity described in division (A) of this
section may do both of the following without obtaining the
department of education's initial approval of its sponsorship
under division divisions (A)(2) and (B)(1) of section 3314.015 of
the Revised Code:
(1) Succeed the board of trustees of a state university
located in the pilot project area or that board's designee as the
sponsor of a community school established under this chapter;
(2) Continue to sponsor that school in conformance with
the
terms of the contract between the board of trustees or its
designee and the governing authority of the community school and
renew that contract as provided in division (E) of section
3314.03
of the Revised Code.
(C) The entity that succeeds the board of trustees or the
board's designee as sponsor of a community school under division
(B) of this section also may enter into
contracts to sponsor
other community schools located in any challenged school district,
without obtaining the department's initial approval of its
sponsorship of those schools under division divisions (A)(2) and
(B)(1) of section 3314.015 of the Revised Code, and not subject to
the restriction of division (A)(7) of section 3314.013 of the
Revised Code, as long as the contracts conform with and the entity
complies with all other requirements of this chapter.
(D) Regardless of the entity's authority to sponsor community
schools without the initial approval of the department, the entity
is under the continuing oversight of the department in accordance
with rules adopted under section 3314.015 of the Revised Code. The
department, in accordance with divisions (C), (D), and (E) of
section 3314.015 of the Revised Code, may revoke, suspend, or
restrict the entity's authority to sponsor any school, or may
declare the sponsor to be in a probationary status, in the same
manner as if that authority were initially subject to approval of
the department under that section.
Sec. 3314.024. A management company (A) No governing
authority of a community school shall enter into a new contract,
or renew an existing contract, with an operator, unless the
contract was selected through a competitive bidding process
established by the department of education.
(B) An operator that provides services
to
a community school
that amounts to more than twenty per cent of
the annual gross
revenues of the school shall provide a detailed
accounting
including the nature and costs of the services it
provides to the
community school. This information shall be
included in the
footnotes of the financial statements of the
school and be subject
to audit during the course of the regular
financial audit of the
community school.
Sec. 6 3314.027. The State Board of Education shall continue
to
sponsor any community school for which it has entered into a
contract at the time of the effective date of this section until
the earlier of the expiration of two school years or until
a new
sponsor, as described in division (C)(1) of section 3314.02
of the
Revised Code, as amended by this act, is secured by the
school's
governing authority. The State Board shall not
thereafter sponsor
any community school except as provided in
division (C) of section
3314.015 of the Revised Code. The State
Board may extend the term
of any existing contract with a
community school governing
authority only as necessary to accommodate the term of the Board's
authorization to sponsor the school as specified in this section.
Notwithstanding the requirement for initial approval of
sponsorship
by the Department department of Education education
prescribed in division divisions (A)(2) and (B)(1) of
section
3314.015 of the Revised Code, as enacted by this act, and
any
geographical restriction or mission requirement prescribed in
division (C)(1) of section 3314.02 of the Revised Code, as amended
by this act, an entity other than the State Board of Education
that has entered into a contract to sponsor a community school on
the effective date of this section April 8, 2003, may continue to
sponsor the
school in conformance with the terms of that contract
as long as
the entity complies with all other sponsorship
provisions of
Chapter 3314. of the Revised Code as amended by this
act this chapter. Such an
entity also may enter into new contracts
to sponsor community
schools after the effective date of this
section April 8, 2003, and need not be
approved by the Department
of Education department for such sponsorship, as
otherwise
required under division divisions (A)(2) and (B)(1) of section
3314.015 of
the Revised Code, as enacted by this act, as long as
the contracts
conform to and the entity complies with all other
provisions of
Chapter 3314. of the Revised Code as amended by this
act this chapter.
Regardless of the entity's authority to sponsor community
schools without the initial approval of the department, each
entity described in this section is under the continuing oversight
of the department in accordance with rules adopted under section
3314.015 of the Revised Code. The department, in accordance with
divisions (C), (D), and (E) of section 3314.015 of the Revised
Code, may revoke, suspend, or restrict the entity's authority to
sponsor any school, or may declare the entity to be in a
probationary status, in the same manner as if that authority were
initially subject to approval of the department under that
section.
Sec. 3314.028. If, on the effective date of this section, the
governing authority of a community school has a contract with an
operator that is not a nonprofit entity as required by division
(A) of section 3314.014 of the Revised Code, as it exists on and
after the effective date of this section, the governing authority
shall not be subject to the requirement that an operator of a
community school be a nonprofit entity until the expiration of
that contract. If the governing authority elects to continue
management of the school by an operator after the expiration of
that contract, the governing authority shall enter into a contract
with a new operator that complies with division (A) of section
3314.014 of the Revised Code, as it exists on and after the
effective date of this section. Section 3314.026 of the Revised
Code shall not apply to any operator that is not a nonprofit
entity and whose contract is not renewed pursuant to this section.
Sec. 3314.03.
A copy of every contract entered into
under
this section shall be filed with the superintendent of
public
instruction.
(A) Each contract entered into
between a sponsor and the
governing
authority of a
community school shall specify the
following:
(1) That the school shall
be established as
either of the
following:
(a) A nonprofit
corporation established
under Chapter 1702.
of the Revised Code,
if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003;
(2) The education program of the school, including the
school's mission,
the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the
curriculum;
(3) The academic goals to be achieved and the method of
measurement that
will be used to determine progress toward those
goals, which shall include the statewide
achievement
tests
assessments;
(4) Performance standards by which the success of the
school
will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the
Revised
Code and, if applicable, section 3314.061 of the Revised
Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student.
(7) The ways by which the school will achieve racial and
ethnic balance
reflective of the community it serves;
(8) Requirements
for
financial audits by the
auditor of
state. The contract shall require
the governing authority of the
school, and any operator with which the governing authority
contracts, to comply with the financial reporting standards
adopted by the state board of education under division (B)(2) of
section 3301.07 of the Revised Code, and that financial records of
the school
to be maintained in
the same manner as are financial
records of
school districts, pursuant to
rules of the auditor of
state, and
the audits. Audits shall be conducted in
accordance
with
section 117.10 of
the Revised Code.
(9) The facilities to be used and
their locations;
(10) Qualifications of teachers,
including a requirement
that
the school's
classroom teachers be licensed in accordance
with
sections 3319.22 to
3319.31 of the Revised Code, except that
a
community school may engage
noncertificated persons to teach up
to
twelve
hours per week pursuant to section 3319.301 in compliance
with section 3314.102 of the
Revised
Code;
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum
of twenty-five students for a minimum of nine
hundred
twenty at least the applicable number of hours per school year
prescribed by section 3314.031 of the Revised Code.
(b) The governing authority will
purchase liability
insurance, or otherwise provide for the
potential liability of the
school.
(c) The school will be
nonsectarian in its programs,
admission policies,
employment practices, and all other
operations, and will not be
operated by a sectarian school or
religious institution.
(d) The school will comply with division (A)(9) of section
3313.60 of the Revised Code and
sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.357, 2151.421, 2313.18,
3301.0710, 3301.0711,
3301.0712,
3301.0715, 3313.472,
3313.50, 3313.536, 3313.605,
3313.607,
3313.608,
3313.6012, 3313.6013, 3313.6014,
3313.643,
3313.648, 3313.66,
3313.661,
3313.662, 3313.666, 3313.667,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69, 3313.71,
3313.716, 3313.718,
3313.80, 3313.82, 3313.821,
3313.96,
3319.073, 3319.321,
3319.39, 3319.391, 3319.41, 3321.01,
3321.13,
3321.14,
3321.17,
3321.18,
3321.19, 3321.191, 3327.10, 4111.17,
4113.52, and
5705.391
and
Chapters 117., 1347.,
2744., 3365.,
3742., 4112., 4123.,
4141.,
and
4167. of
the Revised Code
as if
it were a
school
district
and
will comply with section
3301.0714
of the
Revised
Code in the
manner specified in section
3314.17 of
the
Revised
Code.
(e) The school shall comply with Chapter 102. and section
2921.42 of
the
Revised Code.
(f) The school will comply with sections 3313.61,
3313.611,
and 3313.614 of the Revised Code, except that for students who
enter ninth grade for the first time before July 1, 2010, the
requirement in
sections
3313.61 and 3313.611 of the Revised
Code
that a person
must successfully
complete the curriculum
in
any
high school prior
to receiving a
high school diploma may be
met by
completing the
curriculum adopted by the
governing
authority of
the community
school
rather than the curriculum
specified in Title
XXXIII of the
Revised Code or any rules of the
state board of
education. Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, the requirement in sections
3313.61 and 3313.611 of the Revised Code that a person must
successfully complete the curriculum of a high school prior to
receiving a high school diploma shall be met by completing the
Ohio core curriculum prescribed in division (C) of section
3313.603 of the Revised Code, unless the person qualifies under
division (D) or (F) of that section. Each school shall comply with
the plan for awarding high school credit based on demonstration of
subject area competency, adopted by the state board of education
under division (J) of section 3313.603 of the Revised Code.
(g) The school governing authority will submit
within four
months after the end of each school year a
report
of
its
activities and progress in meeting the goals and
standards of
divisions
(A)(3) and (4) of this section and its
financial status
to the
sponsor and the parents of all students
enrolled in the
school.
(h) The school, unless it is an internet- or computer-based
community school, will comply with section 3313.801 of the Revised
Code as if it were a school district.
(12) Arrangements for providing health and other benefits
to
employees;
(13) The length of the contract, which shall begin at the
beginning of an
academic year. No contract shall
exceed
five years
unless such contract has been renewed pursuant to
division (E) of
this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year
of the period of the contract and specifying the
total estimated per pupil
expenditure amount for each such year.
The plan shall specify for
each year the base formula amount
that
will be used for purposes of funding calculations under section
3314.08
of the Revised Code. This base formula amount for any
year
shall not exceed
the formula amount defined under section
3317.02
of the Revised Code. The plan may also
specify for any
year a
percentage figure to be used for reducing the per pupil
amount of
the subsidy calculated pursuant to
section 3317.029 of the Revised
Code the school is to
receive that
year under section 3314.08 of
the Revised Code.
(16) Requirements and procedures regarding the disposition
of
employees of the school in the event the contract is terminated
or
not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by
converting all
or
part of an existing public school or educational service center
building or is to be a new start-up
school, and if it is a
converted public school or service center building, specification
of
any duties or
responsibilities of an employer that the board of
education or service center governing board that operated the
school or building before conversion is delegating
to the
governing authority of the community
school with respect to
all
or any specified group of employees provided the
delegation is
not
prohibited by a collective bargaining agreement applicable
to
such
employees;
(18) Provisions establishing procedures for resolving
disputes or
differences of opinion between the sponsor and the
governing authority of the
community school;
(19) A provision requiring the governing authority to adopt
a
policy
regarding
the admission of students who reside outside
the
district in which the school
is located. That policy shall
comply
with the admissions procedures specified
in sections 3314.06 and
3314.061
of the Revised Code and, at the sole
discretion of the
authority,
shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the
district in which the school is located;
(b) Permit the enrollment of students who reside in
districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any
other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the
department of education as the
community school oversight body to
suspend the operation of the
school under section 3314.072 of the
Revised Code if the
department has evidence of conditions or
violations of law at the
school that pose an imminent danger to
the health and safety of
the school's students and employees and
the sponsor refuses to
take such action;
(23) A description of the learning opportunities that will
be
offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(J)(2) of section 3314.08 of the
Revised
Code;
(24) The school will comply with sections 3302.04 and
3302.041 of the
Revised Code, except that any action required
to
be taken by a school
district pursuant to those
sections shall
be taken by the sponsor of
the school. However,
the sponsor
shall not be required to take any
action described in
division
(F) of section 3302.04 of the Revised Code.
(25) Beginning in the 2006-2007 school year, the school will
open for operation not later than the thirtieth day of September
each school year, unless the mission of the school as specified
under division (A)(2) of this section is solely to serve dropouts.
In its initial year of operation, if the school fails to open by
the thirtieth day of September, or within one year after the
adoption of the contract pursuant to division (D) of section
3314.02 of the Revised Code if the mission of the school is solely
to serve dropouts, the contract shall be void.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the
school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be
selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing
public
school or educational service center building, alternative
arrangements
for current public school
students who choose
not to
attend the converted school and for teachers who
choose not to
teach in
the school or building after conversion;
(4) The instructional program and educational philosophy of
the
school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised
Code between a sponsor and the governing
authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to
receive such payments as set forth in the contract
between the governing
authority and the sponsor.
The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total
amount of payments for
operating expenses that the school receives
from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal
performance
and the organization and operation of the community
school on at
least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school
in
complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall
performance, declare the
school to be on probationary status
pursuant to section 3314.073
of the Revised Code, suspend the
operation of the school pursuant
to section 3314.072 of the
Revised Code, or terminate the contract
of the school pursuant to
section 3314.07 of the Revised Code as
determined necessary by the
sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a
contract entered into under
this
section, the sponsor of a
community school may, with the
approval
of the governing authority
of the school, renew that
contract for
a period of time determined by the sponsor, but not
ending earlier
than the end of any school year, if the sponsor
finds that the
school's compliance with applicable laws and terms
of the contract
and the school's progress in meeting the academic
goals prescribed
in the contract have been satisfactory. Any
contract that is
renewed
under this division remains subject to
the provisions of
sections
3314.07, 3314.072, and 3314.073 of the
Revised Code.
(F) If a community school fails to open for operation within
one year after the contract entered into under this section is
adopted pursuant to division (D) of section 3314.02 of the Revised
Code or permanently closes prior to the expiration of the
contract, the contract shall be void and the school shall not
enter into a contract with any other sponsor. A school shall not
be considered permanently closed because the operations of the
school have been suspended pursuant to section 3314.072 of the
Revised Code. Any contract that becomes void under this division
shall not count toward any statewide limit on the number of such
contracts prescribed by section 3314.013 of the Revised Code.
Sec. 3314.031. Each community school established under this
chapter shall provide at least the following number of hours of
learning opportunities to each student enrolled in the school for
a full school year:
(A) For each school year prior to the school year that begins
on July 1, 2009, nine hundred twenty hours;
(B) In each of the school years beginning on July 1, 2009,
and July 1, 2010, respectively, nine hundred thirty hours;
(C) In each of the school years beginning on July 1, 2011,
and July 1, 2012, respectively, nine hundred fifty hours;
(D) In each of the school years beginning on July 1, 2013,
and July 1, 2014, respectively, nine hundred seventy hours;
(E) In each of the school years beginning on July 1, 2015,
and July 1, 2016, respectively, nine hundred ninety hours;
(F) In the school year that begins on July 1, 2017, and in
each school year thereafter, one thousand ten hours.
Sec. 3314.051. (A) When the governing authority of a
community school that acquired real property from a school
district pursuant to division (G)(2) of section 3313.41 of the
Revised Code, as it existed prior to the effective date of this
amendment, decides to dispose of that property, it first shall
offer that property for sale to the school district board of
education from which it acquired the property, at a price that is
not higher than the appraised fair market value of that property.
If the district board does not accept the offer within sixty days
after the offer is made, the community school may dispose of the
property in another lawful manner.
(B) When a community school that acquired real property from
a school district pursuant to division (G)(2) of section 3313.41
of the Revised Code, as it existed prior to the effective date of
this
amendment, permanently closes, in distributing the
school's
assets under section 3314.074 of the Revised Code, that
property
first shall be offered for sale to the school district
board of
education from which the community school acquired the
property,
at a price that is not higher than the appraised fair
market
value of that property. If the district board does not
accept the
offer within sixty days after the offer is made, the
property may
be disposed in another lawful manner.
Sec. 3314.08. (A) As used in this section:
(1)
"Base formula amount" means the
amount specified as such
in a community school's financial plan for a school
year pursuant
to division (A)(15) of section 3314.03 of the
Revised Code.
(2)
"IEP" has the same meaning as in section 3323.01 of
the
Revised
Code.
(3)
"Applicable
special education weight" means the
multiple
specified in section 3317.013
of
the Revised Code for a
disability described
in that
section.
(4)
"Applicable vocational education weight" means:
(a) For a student enrolled in vocational education programs
or
classes described in division (A) of section 3317.014 of the
Revised Code, the
multiple specified in that division;
(b) For a student enrolled in vocational education programs
or
classes described in division (B) of section 3317.014 of the
Revised Code, the
multiple specified in that division.
(5)(2)
"Entitled to attend school" means entitled to attend
school
in a district under section 3313.64 or 3313.65 of the
Revised
Code.
(6)
A community school student
is "included in the
poverty
student count" of a school district if
the student is
entitled to
attend school in the district and the
student's family
receives
assistance under the Ohio works first
program.
(7) "Poverty-based assistance reduction factor" means the
percentage figure,
if
any, for reducing the per pupil amount
of
poverty-based assistance a community school is entitled to receive
pursuant to
divisions (D)(5) to (9) of this
section in any
year,
as
specified
in the school's financial plan for the year
pursuant
to
division
(A)(15) of section 3314.03 of the Revised
Code.
(8)
"All-day kindergarten" has the same meaning as in
section
3317.029 of the Revised Code.
(9) "State
education aid" has the same meaning as in section
5751.20 of the
Revised Code.
(B) The state board of education shall adopt rules requiring
both
of the following:
(1) The board of education of each city, exempted village,
and local school district to annually report the number of
students entitled to attend school in the district who are
enrolled in grades
one through
twelve in a
community school
established under this chapter, the number of
students entitled to
attend school in the district who are enrolled in
kindergarten in
a community school,
the number of those
kindergartners who are
enrolled in all-day kindergarten in their
community school,
and
for each child,
the
community school in which the child is
enrolled.
(2) The the governing authority of each community school
established under this chapter to annually report all of the
following:
(a)(1) The number of
students enrolled in each of grades one
kindergarten through
twelve and the number
of
students enrolled in
kindergarten in the
school
who are not receiving special education
and
related
services pursuant to an IEP;
(b)(2) The number of enrolled students in each of grades one
kindergarten through
twelve and the number of enrolled students in
kindergarten,
who
are receiving special
education and related
services
pursuant to
an IEP;
(c)(3) The number of students reported under division
(B)(2)(b)
of
this section receiving special education and related
services
pursuant to
an IEP for a disability described in each of
divisions
(A)
to (F)(C)(1) to (6)
of section 3317.013 3306.02
of
the Revised Code;
(d)(4)
The full-time equivalent number of students reported
under divisions
(B)(1) and (2)(a) and (b) of this section who are
enrolled
in vocational education programs or classes described in
each of
divisions (A) and (B) of section 3317.014 of the Revised
Code that
are
provided by the community school;
(e)(5)
Twenty per cent of the number of students reported
under
divisions (B)(1) and (2)(a) and (b) of this section who are
not reported
under division (B)(2)(d)(4) of this section but who
are enrolled in
vocational education programs or classes described
in each of
divisions (A) and (B) of section 3317.014 of the
Revised Code at a
joint vocational school district under a
contract between the
community school and the joint vocational
school district and are
entitled to attend school in a city,
local, or exempted village
school district whose territory is part
of the territory of the
joint vocational district;
(f)(6) The number of
enrolled preschool
children with
disabilities receiving special education
services in
a
state-funded unit;
(g) The community
school's base formula amount;
(h)(7) For each student, the
city, exempted village, or
local
school district in which the
student is
entitled to attend
school;
(i) Any poverty-based assistance reduction factor that
applies to a
school
year.
(C) From the state education aid
calculated for a city,
exempted village, or
local
school district
and,
if necessary,
from the payment made to the district under
sections 321.24 and
323.156 of the Revised Code, the
department of
education
shall
annually subtract the sum of the
amounts described
in divisions
(C)(1) to (9) of this section. However, when
deducting payments
on behalf of students enrolled in internet- or
computer-based
community schools, the department shall deduct only
those amounts
described in divisions (C)(1) and (2) of this
section.
Furthermore, the aggregate amount deducted under this
division
shall not exceed the sum of the district's
state education aid
and its payment under sections 321.24 and
323.156 of the Revised
Code.
(1) An amount equal to the sum of the amounts obtained when,
for each
community school where the district's students are
enrolled, the number of the
district's students reported under
divisions
(B)(2)(a), (b), and (e) of this section who are
enrolled
in
grades one through twelve, and one-half the number of
students
reported under those divisions who are enrolled in
kindergarten,
in that community school
is multiplied by
the sum of the base
formula amount of that
community school plus
the per pupil
amount of the
base funding supplements specified in
divisions
(C)(1) to (4) of
section 3317.012 of the Revised Code.
(2) The
sum of the
amounts calculated under divisions
(C)(2)(a)
and
(b) of this
section:
(a) For each of the district's students reported under
division
(B)(2)(c) of this section as enrolled in a community
school in
grades one through twelve and receiving special
education and related services
pursuant to an IEP for a
disability described in section 3317.013 of
the Revised Code, the
product of
the applicable special education weight
times
the
community
school's base formula
amount;
(b) For each of the district's students reported under
division (B)(2)(c) of this section as enrolled in kindergarten
in
a
community school and receiving special education and related
services
pursuant to
an IEP for a disability described in
section
3317.013 of the
Revised
Code, one-half of the amount
calculated
as
prescribed in division
(C)(2)(a) of this section.
(3)
For each of the district's students reported under
division
(B)(2)(d) of this section for whom payment is made under
division (D)(4) of this section, the amount of that payment;
(4) An amount equal to the sum of the amounts obtained when,
for each
community school where the district's students are
enrolled, the number of the
district's students enrolled in that
community school
who are included in the district's poverty
student
count
is multiplied by the per pupil amount of
poverty-based assistance the school district receives that
year
pursuant
to
division (C) of section 3317.029 of
the
Revised
Code,
as
adjusted by any poverty-based assistance reduction factor
of
that
community
school.
The
per pupil
amount
of that aid
for the
district
shall be calculated by the department.
(5) An amount equal to the sum of the amounts obtained
when,
for
each community school where the district's students are
enrolled, the
district's per pupil amount of aid received under
division (E) of
section 3317.029 of the Revised Code, as adjusted
by any
poverty-based assistance reduction factor of the community
school, is
multiplied by the sum of the
following:
(a) The number of the district's students reported under
division
(B)(2)(a) of this section who are enrolled in grades one
to
three in
that community school and who are not receiving
special education and related
services pursuant to
an IEP;
(b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are
not receiving special education and related
services
pursuant to an IEP;
(c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving
special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code is the quotient of the
amount
the district received under that division divided by the
district's
kindergarten through third grade ADM, as defined in
that
section.
(6) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the district's per pupil amount received under division
(F) of section 3317.029 of the Revised Code, as adjusted by any
poverty-based assistance reduction factor of that community
school, is multiplied by the number of the district's students
enrolled in the community school who are identified as
limited-English proficient.
(7) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the district's per pupil amount received under division
(G) of section 3317.029 of the Revised Code, as adjusted by any
poverty-based assistance reduction factor of that community
school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades
one through twelve in that community school;
(b) One-half of the number of the district's students
enrolled in kindergarten in that community school.
The district's per pupil amount under division (G) of section
3317.029 of the Revised Code is the district's amount per teacher
calculated under division (G)(1) or (2) of that section divided by
17.
(8) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the district's per pupil amount received under divisions
(H) and (I) of section 3317.029 of the Revised Code, as adjusted
by any poverty-based assistance reduction factor of that community
school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades
one through twelve in that community school;
(b) One-half of the number of the district's students
enrolled in kindergarten in that community school.
The district's per pupil amount under divisions (H) and (I)
of section 3317.029 of the Revised Code is the amount calculated
under each division divided by the district's formula ADM, as
defined in section 3317.02 of the Revised Code.
(9) An amount equal to the per pupil state parity aid funding
calculated for the school district under either division (C) or
(D) of section 3317.0217 of the Revised Code multiplied by the sum
of the number of students in grades one through twelve, and
one-half of the number of students in kindergarten, who are
entitled to attend school in the district and are enrolled in a
community school as reported under division (B)(1) of this
section.
(D) The department of education shall annually pay to a
community school
established under
this chapter the sum of the
amounts described in
divisions (D)(1) to (10) of this section.
However, the department
shall calculate and pay to each internet-
or computer-based
community school only the amounts described in
divisions (D)(1) to
(3) of this section. Furthermore, the sum of
the payments to all
community schools under divisions (D)(1),
(2), and (4) to (10) of
this section for the students entitled to
attend school in any
particular school district shall not exceed
the sum of that
district's state education aid and its payment
under
sections
321.24 and 323.156 of the Revised Code. If the
sum of the
payments calculated under those divisions for the
students
entitled to attend school in a particular school
district exceeds
the sum of that district's state education aid
and
its payment
under sections 321.24 and 323.156 of the Revised
Code,
the
department shall calculate and apply a proration
factor to the
payments to all community schools under those
divisions for the
students entitled to attend school in that
district.
(1) Subject to section 3314.085 of the Revised Code, an
amount equal to the sum of the amounts obtained when
the number of
students enrolled in grades one through twelve, plus
one-half of
the kindergarten students in the school,
reported
under
divisions
(B)(2)(a), (b), and (e) of
this
section who
are not
receiving
special education and related services pursuant
to an
IEP for a
disability described in
section
3317.013
of the
Revised
Code
is
multiplied by the sum of the community school's base formula
amount
plus the
per pupil amount of the base funding supplements
specified in
divisions (C)(1) to (4) of section 3317.012 of the
Revised Code.
(2) Prior to fiscal year 2007, the greater of the amount
calculated under division (D)(2)(a) or (b) of this section, and in
fiscal year 2007 and thereafter, the amount calculated under
division (D)(2)(b) of this section:
(a) The aggregate amount that the department paid to the
community school in fiscal year 1999 for students receiving
special education
and related services
pursuant to IEPs, excluding
federal funds and state
disadvantaged
pupil impact aid funds;
(b) The sum of the amounts calculated under divisions
(D)(2)(b)(i) and (ii) of
this section:
(i) For
each student reported under division (B)(2)(c)
of
this section as enrolled in the school in
grades one through
twelve and receiving special education
and related services
pursuant to an IEP
for a disability described in
section
3317.013
of the
Revised
Code, the following amount:
(the school's base formula amount plus
the per pupil amount of the base funding supplements specified in
divisions (C)(1) to (4) of section 3317.012 of the Revised Code)
+ (the applicable
special education
weight X the
community school's base formula amount);
(ii) For each student reported under division
(B)(2)(c)
of
this section as enrolled in kindergarten and receiving special
education and related services pursuant to an IEP for a
disability
described in
section
3317.013
of the Revised
Code,
one-half
of
the
amount calculated under the formula prescribed in
division
(D)(2)(b)(i) of this section.
(3) An amount received from federal
funds to provide special
education and related services to students in the
community
school, as
determined by the superintendent of
public instruction.
(4)
For each student reported under division (B)(2)(d)
of
this section as enrolled in vocational education programs or
classes that
are described in section 3317.014 of the Revised
Code, are provided by the community school,
and are comparable as
determined by the superintendent of public instruction to
school
district vocational education programs and classes eligible for
state
weighted funding under section 3317.014 of the Revised Code,
an amount equal to the applicable
vocational education weight
times the community school's base formula amount
times the
percentage of time the student spends in the vocational education
programs or classes.
(5) An amount equal to the sum of the amounts obtained
when,
for each
school district where the community school's students are
entitled to attend
school,
the number of that district's students
enrolled in the community
school
who are included in the
district's poverty student count is
multiplied by the per pupil
amount of poverty-based assistance that school district
receives
that year pursuant to
division
(C) of
section
3317.029 of
the
Revised Code, as
adjusted by
any poverty-based assistance
reduction
factor of the community school.
The
per pupil
amount of
aid shall
be determined as described in
division
(C)(4) of this
section.
(6) An amount equal to the sum of the amounts obtained
when,
for
each school district where the community school's
students are
entitled to attend school, the district's per pupil
amount of aid
received under division (E) of section 3317.029 of
the
Revised
Code, as adjusted by any
poverty-based assistance reduction
factor of the
community
school, is multiplied by the sum of the
following:
(a) The number of the district's students reported under
division
(B)(2)(a) of this section who are enrolled in grades one
to
three in
that community school and who are not receiving
special education and related
services pursuant to
an IEP;
(b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are
not receiving special education and related
services
pursuant to an IEP;
(c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving
special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code shall be determined as
described in division (C)(5) of this section.
(7) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the number of that district's students
enrolled in the community school who are identified as
limited-English proficient is multiplied by the district's per
pupil amount received under division (F) of section 3317.029 of
the Revised Code, as adjusted by any poverty-based assistance
reduction factor of the community school.
(8) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the district's per pupil amount
received under division (G) of section 3317.029 of the Revised
Code, as adjusted by any poverty-based assistance reduction factor
of the community school, is multiplied by the sum of the
following:
(a) The number of the district's students enrolled in grades
one through twelve in that community school;
(b) One-half of the number of the district's students
enrolled in kindergarten in that community school.
The district's per pupil amount under division (G) of section
3317.029 of the Revised Code shall be determined as described in
division (C)(7) of this section.
(9) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the district's per pupil amount
received under divisions (H) and (I) of section 3317.029 of the
Revised Code, as adjusted by any poverty-based assistance
reduction factor of the community school, is multiplied by the sum
of the following:
(a) The number of the district's students enrolled in grades
one through twelve in that community school;
(b) One-half of the number of the district's students
enrolled in kindergarten in that community school.
The district's per pupil amount under divisions (H) and (I)
of section 3317.029 of the Revised Code shall be determined as
described in division (C)(8) of this section.
(10) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the district's per pupil amount of
state parity aid funding calculated under either division (C) or
(D) of section 3317.0217 of the Revised Code is multiplied by the
sum of the number of that district's students enrolled in grades
one through twelve, and one-half of the number of that district's
students enrolled in kindergarten, in the community school as
reported under division (B)(2)(a) and (b) of this section amount
calculated for the school under section 3306.16 of the Revised
Code.
(E)(D)(1) If a community school's costs for a fiscal year for
a
student
receiving special education and related services
pursuant
to an
IEP for a
disability described in
divisions (B) to
(F)(C)(2) to (6) of
section
3317.013 3306.02 of the
Revised
Code
exceed the threshold
catastrophic cost for serving the student as
specified in division
(C)(3)(b) of section 3317.022 of the Revised
Code, the school may
submit
to the
superintendent of
public
instruction documentation,
as
prescribed
by the
superintendent, of
all its costs for that
student. Upon
submission of documentation
for a student of the
type and in the
manner prescribed, the
department shall pay to the
community
school an amount equal to
the school's costs
for the
student in
excess of
the threshold
catastrophic costs.
(2) The community school shall only report
under division
(E)(D)(1) of this section, and the department
shall
only pay
for,
the
costs of educational expenses and the
related
services
provided to
the student in accordance with the
student's
individualized
education program IEP. Any legal fees, court
costs,
or
other costs
associated with any cause of action relating
to the
student may
not be included in the amount.
(F)(E) A community school may apply to the department of
education for
preschool children with disabilities or
gifted unit
funding the
school would receive if it were a school
district.
Upon request
of its
governing authority, a community
school that
received such preschool
unit
funding as a school district-operated
school before
it became a
community
school shall retain any units
awarded to it
as a school
district-operated
school provided the
school
continues to meet
eligibility standards for the
unit.
A community school shall be considered a school district
and
its governing authority shall be considered a board of
education
for the purpose of applying to any state or federal
agency for
grants that a school district may receive under
federal or state
law or any appropriations act of the general
assembly. The
governing authority of a community school may apply to any
private
entity for additional funds.
(G)(F) A board of education sponsoring a community school may
utilize local funds to make enhancement grants to the school or
may agree,
either as part of the contract or separately, to
provide any specific services
to the community school at no cost
to the school.
(H)(G) A community school may not levy taxes or issue bonds
secured by tax revenues.
(I)(H) No community school shall charge tuition for the
enrollment of any student.
(J)(I)(1)(a) A community school may borrow money to pay any
necessary
and actual
expenses of the school in anticipation of the
receipt
of any portion of the
payments to be received by the
school
pursuant to division (D)(C) of this
section. The school may
issue
notes to evidence such borrowing. The
proceeds
of the notes
shall be used only for the purposes for
which the
anticipated
receipts may be lawfully expended by the
school.
(b) A school may also borrow money for a term not to
exceed
fifteen years for the purpose of acquiring facilities.
(2) Except for any amount guaranteed under section 3318.50 of
the Revised Code, the state is not liable for debt incurred by the
governing authority of a community school.
(K) For purposes of determining the
number of students for
which divisions
(D)(5) and
(6) of this section applies in
any
school year, a community school may submit to
the department
of
job and family services, no
later than the first day of
March,
a
list of the students enrolled in the
school. For each student
on
the list, the community school shall indicate the
student's
name,
address, and date of birth and the school district where the
student is entitled to attend school. Upon receipt of a list
under
this
division, the department
of
job and family services
shall
determine,
for each school district where one or more
students on
the list is entitled
to attend school,
the
number
of
students
residing in that school district who were included in the
department's report
under section 3317.10 of the Revised Code.
The
department shall make this
determination on the basis of
information readily available to it. Upon
making this
determination
and no later than ninety days after submission of
the list by the community
school, the department shall report to
the state department of education the
number of students on the
list who reside in each school
district who were included in the
department's report
under section 3317.10 of the Revised Code. In
complying with this division,
the department of job and family
services shall not report
to the state department of
education any
personally identifiable information on any student.
(L)(J) The department
of education shall adjust the amounts
subtracted and amount paid under divisions division (C) and (D) of
this
section to
reflect any enrollment of students in community
schools for less
than the equivalent of a full school year. The
state board of
education within ninety
days after April 8, 2003,
shall adopt in
accordance with Chapter 119. of the
Revised Code
rules governing
the payments to community schools
under this
section and section
3314.13 of the Revised Code including
initial
payments in a school
year and
adjustments and reductions
made in
subsequent periodic
payments to
community schools and
corresponding deductions from
school
district accounts as
provided
under divisions (C) and (D)
of this
section and section
3314.13 of the Revised Code. For
purposes of this
section and
section 3314.13 of the Revised Code:
(1) A
student shall be considered enrolled in the community
school for any portion
of the school year the student is
participating at a college under
Chapter 3365. of the Revised
Code.
(2) A student shall be considered to be enrolled in a
community school during a school year for the period of time
beginning on the later of the date on which the school both has
received
documentation of the student's enrollment from a parent
and the student has
commenced participation in learning
opportunities as defined in
the contract with the sponsor, or
thirty days prior to the date on which the student is entered into
the education management information system established under
section 3301.0714 of the Revised Code. For purposes of
applying
this
division and division (L)(J)(3) of this section to a
community
school student, "learning
opportunities"
shall be
defined in the
contract, which shall
describe both
classroom-based and
non-classroom-based learning
opportunities
and
shall be in
compliance with criteria and
documentation
requirements for
student participation which shall
be established
by the
department. Any student's instruction time
in
non-classroom-based
learning opportunities shall be certified
by
an employee of the
community school. A student's enrollment
shall
be considered to
cease on the date on which any of the following
occur:
(a) The community school receives documentation from a
parent
terminating enrollment of the student.
(b) The community school is provided documentation of a
student's enrollment in another public or private school.
(c) The community school ceases to offer learning
opportunities to the student pursuant to the terms of the contract
with the sponsor or the operation of any provision of this
chapter.
(3) The department shall determine each community school
student's percentage of full-time equivalency based on the
percentage of learning
opportunities offered by the community
school to that
student, reported either as number of hours or
number of days, is
of the total learning opportunities
offered
by the community school to a student who attends for the
school's
entire school year. However, no internet- or
computer-based
community school shall be credited for any time a
student spends
participating in learning opportunities beyond ten
hours within
any period of twenty-four consecutive hours. Whether
it reports
hours or days of learning opportunities, each community
school
shall offer not less than nine hundred twenty the applicable
minimum number of hours of
learning
opportunities during the
school year prescribed by section 3314.031 of the Revised Code.
(M)(K) The department of education shall reduce the amounts
paid
under division (D)(C) of this section to reflect payments
made
to
colleges under division (B) of section 3365.07 of the
Revised
Code or through alternative funding agreements entered
into under rules adopted under section 3365.12 of the Revised
Code.
(N)(L)(1)
No student shall be considered enrolled in any
internet-
or computer-based community school or, if applicable to
the student, in any community school that is required to provide
the student with a computer pursuant to division (C) of section
3314.22 of the Revised Code, unless both of the following
conditions are satisfied:
(a) The student
possesses or
has been provided with all
required hardware and
software
materials and all such materials
are operational so that the student is capable of fully
participating in the learning opportunities specified in the
contract between the school and the school's sponsor as required
by division (A)(23) of section 3314.03 of the Revised Code;
(b) The
school is in compliance with division (A) of section
3314.22 of the Revised Code, relative to such student.
(2) In
accordance with policies adopted jointly by the
superintendent
of
public instruction
and the auditor of state,
the
department
shall
reduce the amounts otherwise payable
under
division (D)(C) of
this
section to any
community
school that
includes
in its program the
provision of
computer
hardware and
software
materials to
any student, if such
hardware
and software
materials
have not been
delivered,
installed, and
activated for
each such
student in a timely manner or
other educational
materials or
services have not been provided
according to the
contract between
the individual community school
and its sponsor.
The superintendent of public instruction
and the auditor of
state shall jointly
establish a method for auditing any community
school to which this
division pertains to ensure compliance with
this section.
The superintendent, auditor of state, and the governor shall
jointly
make recommendations to the general assembly for
legislative
changes that may be required to assure fiscal and
academic
accountability for such
schools.
(O)(M)(1) If the department determines that a review of a
community school's enrollment is necessary, such review shall be
completed and written notice of the findings shall be provided to
the governing authority of the community school and its sponsor
within ninety days of the end of the community school's fiscal
year, unless extended for a period not to exceed thirty additional
days for one of the following reasons:
(a) The department and the community school mutually agree
to
the extension.
(b) Delays in data submission caused by either a community
school or its sponsor.
(2) If the review results in a finding that additional
funding is owed to the school, such payment shall be made within
thirty days of the written notice. If the review results in a
finding that the community school owes moneys to the state, the
following procedure shall apply:
(a) Within ten business days of the receipt of the notice of
findings, the community school may appeal the department's
determination to the state board of education or its designee.
(b) The board or its designee shall conduct an informal
hearing on the matter within thirty days of receipt of such an
appeal and shall issue a decision within fifteen days of the
conclusion of the hearing.
(c) If the board has enlisted a designee to conduct the
hearing, the designee shall certify its decision to the board.
The
board may accept the decision of the designee or may reject
the
decision of the designee and issue its own decision on the
matter.
(d) Any decision made by the board under this division is
final.
(3) If it is decided that the community school owes moneys
to
the state, the department shall deduct such amount from the
school's future payments in accordance with guidelines issued by
the superintendent of public instruction.
(Q)(N) The department shall not subtract from a school
district's state aid account under division (C) of this section
and shall not pay to a community school under division (D)(C) of
this
section any amount for any of the following:
(1) Any student who has graduated from the twelfth grade of a
public or nonpublic high school;
(2) Any student who is not a resident of the state;
(3) Any student who was enrolled in the community school
during the previous school year when tests assessments were
administered under
section 3301.0711 of the Revised Code but did
not take one or more
of the tests assessments required by that
section and was not excused pursuant
to division (C)(1) or (3) of
that section, unless the
superintendent of public instruction
grants the student a waiver
from the requirement to take the test
assessment and a parent is not paying
tuition for the student
pursuant to section 3314.26 of the Revised
Code. The
superintendent may grant a waiver only for good cause in
accordance with rules adopted by the state board of education.
(4) Any student who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course of
the public schools by reason of induction or enlistment in the
armed forces and who apply for enrollment in a community school
not later than four years after termination of war or their
honorable discharge. If, however, any such veteran elects to
enroll in special courses organized for veterans for whom tuition
is paid under federal law, or otherwise, the department shall not
subtract from a school district's state aid account under division
(C) of this section and shall not pay to a community school under
division (D)(C) of this section any amount for that veteran.
Sec. 3314.083. If the department of education pays a joint
vocational school district under division (G)(4) of section
3317.16 of the Revised Code for excess costs of providing special
education and related services to a student with a
disability who
is enrolled in a community school, as calculated
under division
(G)(2) of that section, the department shall deduct
the amount of
that payment from the amount calculated for payment
to the
community school under section 3314.08 3306.16 of the Revised
Code.
Sec. 3314.084. (A) As used in this section:
(1) "Formula ADM" has the same meaning as in section 3317.03
of the Revised Code.
(2) "Home" has the same meaning as in section 3313.64 of the
Revised Code.
(3)(2) "School district of residence" has the same meaning as
in section 3323.01 of the Revised Code; however, a community
school established under this chapter is not a "school district of
residence" for purposes of this section.
(B) Notwithstanding anything to the contrary in section
3314.08 or 3317.03 of the Revised Code, all of the following apply
in the case of a child who is enrolled in a community school and
is also living in a home:
(1) For, for purposes of the report required under division
(B)(1) of section 3314.08 of the Revised Code, the child's school
district of residence, and not the school district in which the
home that the child is living in is located, shall be considered
to be the school district in which the child is entitled to attend
school. That school district of residence, therefore, shall make
the report required under division (B)(1) of section 3314.08 of
the Revised Code with respect to the child.
(2) For purposes of the report required under division (B)(2)
of section 3314.08 of the Revised Code, the community school shall
report the name of the child's school district of residence.
(3) The child's school district of residence shall count the
child in that district's formula ADM.
(4) The school district in which the home that the child is
living in is located shall not count the child in that district's
formula ADM.
(5) The Department of Education shall deduct the applicable
amounts prescribed under division (C) of section 3314.08 and
division (D) of section 3314.13 of the Revised Code from the
child's school district of residence and shall not deduct those
amounts from the school district in which the home that the child
is living in is located.
(6) The Department shall make the payments prescribed in
divisions (D) and (E) of section 3314.08 and section 3314.13 of
the Revised Code, as applicable, to the community school.
Sec. 3314.087. (A) As used in this section:
(1) "Career-technical program" means vocational programs or
classes described in division (A) or (B) of section 3317.014 of
the Revised Code in which a student is enrolled.
(2) "Formula ADM," "category one or two vocational education
ADM," and "FTE basis" have the same meanings as in section 3317.02
of the Revised Code.
(3) "Resident school district" means the city, exempted
village, or local school district in which a student is entitled
to attend school under section 3313.64 or 3313.65 of the Revised
Code.
(B) Notwithstanding anything to the contrary in this chapter
or Chapter 3306. or 3317. of the Revised Code, a student enrolled
in a
community school may simultaneously enroll in the
career-technical
program operated by the student's resident
school district. On an
FTE basis, the student's resident school
district shall count the
student in the category one or two
vocational education ADM for
the proportion of the time the
student is enrolled in the
district's career-technical program
and, accordingly, the
department of education shall calculate
funds under Chapter 3317.
for the district attributable to the
student for the proportion of
time the student attends the
career-technical program. The
community school shall count the
student in its enrollment report
under section 3314.08 of the
Revised Code and shall report to the
department the proportion of
time that the student attends classes
at the community school.
The department shall pay the community
school and deduct from the
student's resident school district the
amount computed for the
student under section 3314.08 3306.16 of the
Revised Code in
proportion to the fraction of the time on an FTE
basis that the
student attends classes at the community school.
"Full-time
equivalency" for a community school student, as defined
in
division (L)(J) of section 3314.08 of the Revised Code, does not
apply to the student.
Sec. 3314.091.
(A) A school district is not required to
provide
transportation
for any native student enrolled in a
community school if the district board
of education has entered
into an agreement with the
community school's governing authority
that designates the
community school as responsible for providing
or arranging for the
transportation of the district's native
students to and from the community
school. For any such
agreement
to be effective, it must be certified by the
superintendent of
public instruction
as having met
all of the following
requirements:
(1) It is submitted to the
department
of education
by a
deadline which shall be established by the
department.
(2) In accordance with divisions (C)(1) and (2) of this
section, it specifies qualifications, such as residing a minimum
distance from
the school, for students to have their
transportation provided or arranged.
(3) The transportation provided by the community school is
subject to all provisions of the Revised Code and all rules
adopted under the Revised Code pertaining to pupil transportation.
(4) The sponsor of the community school also has signed the
agreement.
(B)(1) For the school year that begins on July 1, 2007, a
school district is not required to provide transportation for any
native student enrolled in a community school, if the community
school during the previous school year transported the students
enrolled in the school or arranged for the students'
transportation, even if that arrangement consisted of having
parents transport their children to and from the school, but did
not enter into an agreement to transport or arrange for
transportation for those students under division (A) of this
section, and if the governing authority of the community school by
July 15, 2007, submits written notification to the district board
of education stating that the governing authority is accepting
responsibility for providing or arranging for the transportation
of the district's native students to and from the community
school.
(2) For any school year subsequent to the school year that
begins on July 1, 2007, a school district is not required to
provide transportation for any native student enrolled in a
community school if the governing authority of the community
school, by the thirty-first day of January of the previous school
year, submits written notification to the district board of
education stating that the governing authority is accepting
responsibility for providing or arranging for the transportation
of the district's native students to and from the community
school. If the governing authority of the community school has
previously accepted responsibility for providing or arranging for
the transportation of a district's native students to and from the
community school, under division (B)(1) or (2) of this section,
and has since relinquished that responsibility under division
(B)(3) of this section, the governing authority shall not accept
that responsibility again unless the district board consents to
the governing authority's acceptance of that responsibility.
(3) A governing authority's acceptance of responsibility
under division (B)(1) or (2) of this section shall cover an entire
school year, and shall remain in effect for subsequent school
years unless the governing authority submits written notification
to the district board that the governing authority is
relinquishing the responsibility. However, a governing authority
shall not relinquish responsibility for transportation before the
end of a school year, and shall submit the notice relinquishing
responsibility by the thirty-first day of January, in order to
allow the school district reasonable time to prepare
transportation for its native students enrolled in the school.
(C)(1) A community school governing
authority that
enters
into
an agreement under division (A) of
this
section, or that
accepts responsibility under division (B) of
this section, shall
provide or arrange transportation free of any
charge
for each of
its enrolled students
who is required to be transported
under
section 3327.01 of the Revised Code or who would otherwise
be
transported by the school district under the district's
transportation policy. The governing authority shall report to the
department of education the number of students transported or for
whom transportation is arranged under this section in accordance
with rules adopted by the state board of education.
(2) The governing
authority may
provide or arrange
transportation for any other enrolled student
who is not eligible
for transportation in accordance with division (C)(1) of this
section
and may charge a fee
for such service
up to the
actual
cost of the service.
(3) Notwithstanding anything to the contrary in division
(C)(1) or (2) of this section, a community school governing
authority shall
provide or arrange transportation free of any
charge for any
disabled student enrolled in the school for whom
the student's
individualized education program developed under
Chapter 3323. of
the Revised Code specifies transportation.
(D)(1) If a school district board and a community school
governing authority elect to enter into an
agreement
under
division (A) of this
section, the department of education
shall
make payments to
the
community school
according to the terms of
the agreement for each student actually
transported under
division (C)(1) of this section.
If a community school governing authority accepts
transportation responsibility under division (B) of this section,
the department shall make payments to the community school for
each student actually transported or for whom transportation is
arranged by the community school under division (C)(1) of this
section, calculated as follows:
(a) For any fiscal year which the general assembly has
specified that transportation payments to school districts be
based on an across-the-board percentage of the district's payment
for the previous school year, the per pupil payment to the
community school shall be the following quotient:
(i) The total amount calculated for the school district in
which the child is entitled to attend school for student
transportation other than transportation of children with
disabilities; divided by
(ii) The number of students included in the district's
transportation ADM for the current fiscal year, as reported under
division (B)(13) of section 3317.03 of the Revised Code, plus the
number of students enrolled in the community school not counted in
the district's transportation ADM who are transported under
division (B)(1) or (2) of this section.
(b) For any fiscal year which the general assembly has
specified that the transportation payments to school districts be
calculated in accordance with division (D) of section 3317.022
3306.12 of
the Revised Code and any rules of the state board of
education
implementing that division section, the payment to the
community school
shall be the amount so calculated that otherwise
would be paid to
the school district in which the student is
entitled to attend
school by the method of transportation the
district would have
used. The community school, however, is not
required to use the
same method to transport that student.
As used in this division "entitled to attend school" means
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code.
(2) The department shall deduct the payment under division
(D)(1) of this section from the
state education aid, as defined
in section 3314.08 5751.20 of the Revised
Code, and, if
necessary, the
payment under sections
321.14 and
323.156 of the
Revised Code,
that is otherwise paid to
the school
district in
which the
student enrolled in the community
school
is entitled
to attend
school.
The
department shall
include
the number of the
district's
native
students for whom
payment is
made to a
community
school
under division (D)(1) of this
section in the
calculation of the
district's
transportation
payment under
division
(D) of section
3317.022 3306.12 of
the Revised Code
and
the operating appropriations
act.
(3) A community school shall be paid under division
(D)(1)
of this section only for
students who
are eligible
as
specified
in section 3327.01 of the Revised Code and division (C)(1) of this
section, and whose
transportation
to and from school is
actually
provided, who
actually utilized transportation arranged,
or for
whom a payment
in lieu of
transportation is made by the
community
school's
governing
authority.
To
qualify for
the
payments, the
community
school
shall report to
the department, in
the form
and
manner
required
by the department, data
on the
number of students
transported or
whose transportation is
arranged, the
number of
miles traveled,
cost to transport, and any
other information
requested by the
department.
(4) A community school shall use payments received under this
section solely
to pay the costs of providing or arranging
for the
transportation of students who
are eligible as specified
in
section 3327.01 of the Revised
Code and
division (C)(1) of this
section, which may
include payments to a
parent, guardian,
or
other
person in charge
of a child in lieu of
transportation.
(E) Except when arranged through payment to a parent,
guardian,
or person in charge of a child, transportation provided
or arranged for by a
community school
pursuant to an agreement
under this section is subject to all
provisions of the Revised
Code, and all rules adopted under
the Revised
Code, pertaining to
the
construction,
design, equipment, and
operation of school buses
and other vehicles
transporting students
to and from school. The
drivers and
mechanics of the vehicles are
subject to all
provisions of the
Revised Code, and all rules
adopted under the
Revised Code, pertaining to
drivers
and mechanics of such
vehicles. The community school also shall
comply
with sections
3313.201, 3327.09, and 3327.10 of the Revised Code, division
(B)
of section 3327.16
of the Revised Code and, subject to
division
(C)(1) of this section, sections 3327.01 and 3327.02 of
the
Revised Code, as if it were a
school
district.
Sec. 3314.10. (A)(1) The governing authority of
any
community school established under this chapter may employ
teachers and nonteaching employees necessary to carry out its
mission and fulfill its contract.
(2) Except as provided under division (A)(3) of this section,
employees hired under this
section may organize and collectively
bargain pursuant to
Chapter 4117. of the Revised Code.
Notwithstanding
division (D)(1) of section 4117.06 of the Revised
Code, a unit containing teaching and nonteaching employees
employed
under this section shall be considered an appropriate
unit. As applicable,
employment under this section is subject to
either Chapter 3307. or
3309. of the Revised Code.
(3) If a school is created by converting all or part of an
existing public school rather than by establishment of a new
start-up school,
at the time of
conversion, the employees of
the
community school shall remain part of any collective bargaining
unit in
which they were included immediately prior to the
conversion and shall remain
subject to any collective bargaining
agreement for that unit in effect on the
first day of July of the
year in which the
community school initially begins operation and
shall be subject to any
subsequent collective bargaining agreement
for that unit, unless a petition is
certified as sufficient under
division (A)(6)
of this section with regard to those employees.
Any new employees of the
community school shall also be included
in the unit to which they would have
been assigned had not the
conversion taken place and shall be subject to the
collective
bargaining agreement for that unit unless a petition is certified
as sufficient under division (A)(6) of this section with regard to
those
employees.
Notwithstanding division (B) of section 4117.01 of the
Revised
Code, the board of education of a school
district and not
the governing authority of a community school shall be
regarded,
for purposes of Chapter 4117. of the Revised Code,
as the "public
employer" of the employees of a conversion
community school
subject to a
collective bargaining agreement pursuant to division
(A)(3) of this section unless a petition is certified under
division (A)(6) of
this section with regard to those employees.
Only on and after the effective
date of a petition certified as
sufficient under division (A)(6) of this
section shall division
(A)(2) of this section apply to those employees of that
community
school and only on and after the effective date of
that petition
shall Chapter 4117. of the Revised Code
apply to the governing
authority of that community school with regard to those
employees.
(4) Notwithstanding sections 4117.03 to 4117.18 of the
Revised Code and Section 4 of Amended Substitute Senate Bill No.
133 of the
115th general assembly, the employees of a conversion
community school
who are subject to a collective bargaining
agreement pursuant to division
(A)(3) of this section shall cease
to be
subject to that agreement and all subsequent agreements
pursuant to that
division and shall cease to be part of the
collective bargaining unit that is
subject to that and all
subsequent agreements, if a majority of the employees
of that
community school who are subject to that collective
bargaining
agreement sign and submit to the state employment relations board
a
petition
requesting all of the following:
(a) That all the employees of the community school
who are
subject to that agreement be removed from the bargaining unit that
is
subject to that agreement and be designated by the state
employment relations
board as a new and separate bargaining unit
for purposes of
Chapter 4117. of the
Revised Code;
(b) That the employee organization certified as the
exclusive
representative of the employees of the bargaining unit from which
the employees are to be removed be certified as the exclusive
representative
of the new and separate bargaining unit for
purposes of Chapter 4117. of the
Revised Code;
(c) That the governing authority of the community
school be
regarded as the "public employer" of these employees for purposes
of
Chapter 4117. of the Revised Code.
(5) Notwithstanding sections 4117.03 to 4117.18 of the
Revised Code and Section 4 of Amended Substitute Senate Bill
No.
133 of the 115th general assembly, the employees of a conversion
community school
who are subject to a collective bargaining
agreement pursuant to division
(A)(3) of this section shall cease
to be
subject to that agreement and all subsequent agreements
pursuant to that
division, shall cease to be part of the
collective bargaining unit that is
subject to that and all
subsequent agreements, and shall cease to be
represented by any
exclusive representative of that collective bargaining
unit, if a
majority of the employees of the community school who are subject
to that collective bargaining agreement sign and submit to the
state
employment relations board a petition requesting all of the
following:
(a) That all the employees of the community school
who are
subject to that agreement be removed from the bargaining unit that
is
subject to that agreement;
(b) That any employee organization certified as the
exclusive
representative of the employees of that bargaining unit be
decertified as the exclusive representative of the employees of
the community
school who are subject to that agreement;
(c) That the governing authority of the community school be
regarded as the "public employer" of these employees for purposes
of
Chapter 4117. of the Revised Code.
(6) Upon receipt of a petition under division (A)(4) or (5)
of this section,
the state employment relations board shall check
the sufficiency of the
signatures on the
petition. If the
signatures are found sufficient, the board shall certify the
sufficiency of the petition and so notify the parties involved,
including the
board of education, the governing authority of the
community school, and any
exclusive representative of the
bargaining unit. The changes requested in a
certified petition
shall take effect on the first day of the month immediately
following the date on which the sufficiency of the petition is
certified under
division (A)(6) of this section.
(B)(1) The board of education of each city, local, and
exempted village
school district sponsoring a community school
and
the governing board of each
educational service center in which a
community school is located
shall adopt a policy that provides a
leave of absence of at
least three years to each teacher or
nonteaching employee of the district or
service center who is
employed by a conversion or new start-up
community school
sponsored by the district
or located in the district or center for
the period during which the
teacher or employee is
continuously
employed by the community school. The policy shall also provide
that any teacher or nonteaching employee may return to employment
by the
district or service center if the teacher or employee
leaves or is discharged
from employment with the community school
for any reason,
unless, in the case of a teacher, the board of the
district or service
center determines that the teacher was
discharged for a reason for which the
board would have sought to
discharge the teacher under section 3319.16 of the Revised Code,
in which case the board may proceed to discharge the teacher
utilizing the
procedures of that section. Upon termination
of such
a leave of absence, any seniority that is applicable to
the person
shall be calculated to include all of the following: all
employment by the district or service center prior to the leave of
absence;
all employment by the community school during the leave
of
absence; and all employment by the district or service center
after the leave
of absence. The policy shall also provide that
if
any teacher holding valid certification returns to employment by
the
district or service center upon
termination of such a leave of
absence, the teacher shall be restored to
the previous position
and salary or to a position and salary similar thereto.
If, as a
result of teachers returning to employment upon
termination of
such leaves of absence, a school district or educational
service
center reduces the number of teachers it employs, it shall make
such
reductions in accordance with section 3319.17 or, if
applicable,
3319.171 of the Revised Code.
Unless a collective bargaining agreement providing otherwise
is in effect for
an employee of a conversion community school
pursuant to division
(A)(3) of this section, an employee on a
leave of absence pursuant to this
division shall remain eligible
for any
benefits that are in addition to benefits under Chapter
3307. or
3309. of the Revised Code provided by the district or
service center to its
employees provided the employee pays the
entire cost associated
with such benefits, except that personal
leave and vacation leave
cannot be accrued for use as an employee
of a school district or service
center while in the employ of a
community school unless the district or
service center board
adopts a policy expressly permitting this accrual.
(2) While on a leave of absence pursuant to division (B)(1)
of this section,
a conversion community school shall permit a
teacher to use sick leave
accrued while in the employ of the
school district from which the leave of
absence was taken and
prior to commencing such leave. If a teacher who is on
such a
leave of absence uses sick leave so accrued, the cost of any
salary
paid by the
community school to the teacher for that time
shall be reported to the
department of education. The cost of
employing a substitute teacher for that
time shall be paid by the
community school. The department of education shall
add amounts to
the payments made to a community school under this chapter and
section 3306.16 of the Revised Code as
necessary to cover the cost
of salary reported by a community school as paid
to a teacher
using sick leave so accrued pursuant to this section. The
department shall subtract the amounts of any
payments made to
community schools under this division from payments made to
such
sponsoring school district under Chapter Chapters 3306. and 3317.
of the Revised Code.
A school district providing a leave of absence and employee
benefits to a
person pursuant to this division is not liable for
any action of that person
while the person is on such leave and
employed by a community school.
Sec. 3314.102. Each community school shall do both of the
following in the same manner as required of a school district:
(A) Comply with the provisions of section 3319.074 of the
Revised Code, except that the prohibition in division (B) of that
section shall apply only to teachers hired by the school on or
after the effective date of this section;
(B) Employ as classroom teachers only persons who are
licensed under sections 3319.22 to 3319.31 of the Revised Code in
a manner that is in compliance with any rules of the state board
of education that either implement those sections or otherwise
require teachers to teach in the subject areas or grade levels for
which they are licensed.
A community school may engage persons issued permits under
section 3319.301 of the Revised Code in the
same manner as may
school districts.
Sec. 3314.19. The sponsor of each community school annually
shall provide the following assurances in writing to the
department of education not later than ten business days prior to
the opening of the school:
(A) That the sponsor has filed a current copy of the contract
between the sponsor
and the governing authority of the school
entered into under
section 3314.03 of the Revised Code has been
filed with the state
office of community schools established
under section 3314.11 of
the Revised Code and that the sponsor
will file any subsequent modifications to that
contract will be
filed with the office;
(B) That the school has submitted to the sponsor a plan for
providing special education and related services to students with
disabilities and has demonstrated the capacity to provide those
services in accordance with Chapter 3323. of the Revised Code and
federal law;
(C) That the school has a plan and procedures for
administering the achievement tests and diagnostic assessments
prescribed by sections 3301.0710, 3301.0712, and 3301.0715 of the
Revised
Code;
(D) That school personnel have the necessary training,
knowledge, and resources to properly use and submit information to
all databases maintained by the department for the collection of
education data, including the education management information
system established under section 3301.0714 of the Revised Code in
accordance with methods and timelines established under section
3314.17 of the Revised Code;
(E) That the school has submitted all required information
about the school has been
submitted to the Ohio education
directory system or any successor
system;
(F) That the school will enroll at least the minimum number
of students required by division (A)(11)(a) of section 3314.03 of
the Revised Code in the school year for which the assurances are
provided;
(G) That all classroom teachers are licensed in accordance
with sections 3319.22 to 3319.31 of the Revised Code, except for
noncertificated persons engaged to teach up to twelve hours per
week pursuant to section 3319.301 3314.102 of the Revised Code;
(H) That the school's fiscal officer is in compliance with
section 3314.011 of the Revised Code;
(I) That the school has complied with sections
3319.39 and
3319.391 of the
Revised Code with respect to all
employees, that
the school has complied with section 3314.41 of the Revised Code
with respect to persons described in division (B) of that section,
and
that the school has
conducted a criminal records
check of
each
of its governing
authority members;
(J) That the school holds all of the following:
(1) Proof of property ownership or a lease for the facilities
used by the school;
(2) A certificate of occupancy;
(3) Liability insurance for the school, as required by
division (A)(11)(b) of section 3314.03 of the Revised Code, that
the sponsor considers sufficient to indemnify the school's
facilities, staff, and governing authority against risk;
(4) A satisfactory health and safety inspection;
(5) A satisfactory fire inspection;
(6) A valid food permit, if applicable.
(K) That the sponsor has conducted a pre-opening site visit
to the school for the school year for which the assurances are
provided;
(L) That the school has designated a date it will open for
the school year for which the assurances are provided that is in
compliance with division (A)(25) of section 3314.03 of the Revised
Code;
(M) That the school has met all of the sponsor's requirements
for opening and any other requirements of the sponsor.
Sec. 3314.191. The sponsor of a community school is subject
to this section if the sponsor fails to take an action described
in division (A) or (K) of section 3314.19 of the Revised Code with
respect to one or more of the community schools it sponsors, or if
one or more of the community schools it sponsors fails to meet any
of the criteria specified in divisions (B) to (J), (L), and (M) of
that section.
(A) In any year in which a sponsor becomes subject to this
section, the department of education shall provide the sponsor
with technical assistance to bring the sponsor or the community
school into compliance with the criteria specified in section
3314.19 of the Revised Code, and the sponsor shall take both of
the following actions:
(1) Develop and submit to the department a three-year
operations improvement plan containing all of the following:
(a) An analysis of the reasons for the sponsor's failure to
comply with the criteria and to assure that the community schools
it sponsors comply with the criteria;
(b) Specific strategies the sponsor will use to address the
problems in meeting the criteria;
(c) Identification of the resources the sponsor will use to
meet the criteria and to assure that the schools it sponsors meet
the criteria;
(d) A description of how the sponsor will measure its
progress in meeting the criteria and assuring that the schools it
sponsors meet the criteria.
(2) Notify the parent or guardian of each student enrolled in
each community school it sponsors with respect to which the
criteria were not met, either in writing or by electronic means,
of the criteria the sponsor or the school did not meet, the
actions the sponsor is taking toward meeting the criteria and
assuring that the school meets the criteria, and any progress the
sponsor has achieved in the immediately preceding school year
toward meeting the criteria and assuring that the school meets the
criteria.
(B) If a sponsor becomes subject to this section in a second
consecutive year, both of the following apply:
(1) The sponsor shall take the actions required by divisions
(A)(1) and (2) of this section;
(2) The department shall declare the sponsor to be in
probationary status, and monitor the sponsor's actions to
implement remedies, in accordance with division (D) of section
3314.015 of the Revised Code. The department may suspend or
restrict the sponsor's authority to sponsor community schools
under divisions (D)(3) and (4) of that section if the department
finds that the remedies offered by the sponsor are not
satisfactory, or if the department finds that the sponsor is not
taking actions necessary to implement those remedies.
(C) If a sponsor becomes subject to this section in a third
consecutive year, the department shall revoke the sponsor's
authority to sponsor community schools in accordance with division
(C) of section 3314.015 of the Revised Code.
(D) The department's suspension, restriction, or revocation
of the sponsorship authority of a sponsor that is subject to this
section is subject to appeal under division (E) of section
3314.015 of the Revised Code.
(E) This section does not restrict the department's authority
otherwise to place a sponsor on probationary status, or otherwise
to suspend, restrict, or revoke a sponsor's authority, under
section 3314.015 of the Revised Code.
Sec. 3314.21. (A) As used in this section:
(1) "Harmful to juveniles" has the same meaning as in
section
2907.01 of the Revised Code.
(2) "Obscene" has the same meaning as in division (F) of
section 2907.01 of the Revised Code as that division has been
construed by the supreme court of this state.
(3) "Teacher of record" means a teacher who is responsible
for the overall academic development and achievement of a student
and not merely the student's instruction in any single subject.
(B)(1)It (1) It is the intent of the general assembly that
teachers
employed by internet- or computer-based community schools
conduct
visits with their students in person throughout the school
year.
(2) Each internet- or computer-based community school shall
retain an affiliation with at least one full-time teacher of
record licensed in accordance with division (A)(10) of section
3314.03 3314.102 of the Revised Code.
(3) Each student enrolled in an internet- or computer-based
community school shall be assigned to at least one teacher of
record. No teacher of record shall be primarily responsible for
the academic development and achievement of more than one hundred
twenty-five students enrolled in the internet- or computer-based
community school that has retained that teacher.
(C) For any internet- or computer-based community school,
the
contract between the sponsor and the governing authority of
the
school described in section 3314.03 of the Revised Code shall
specify each of the following:
(1) A requirement that the school use a filtering device or
install filtering software
that protects against internet access
to materials that are
obscene or harmful to juveniles on each
computer provided to
students for instructional use. The school
shall provide such
device or software at no cost to any student
who works primarily from the
student's residence on a computer
obtained from a source other
than the school.
(2) A plan for fulfilling the intent of the general assembly
specified in division (B)(1) of this section. The plan shall
indicate the number of times teachers will visit each student
throughout the school year and the manner in which those visits
will be conducted.
(3) That the school will set up a central base of operation
and the sponsor will maintain a representative within fifty miles
of that base of operation to provide monitoring and assistance.
Sec. 3314.25. Each internet- or computer-based community
school shall provide its students a location within a fifty-mile
radius of the student's residence at which to complete the
statewide achievement tests and diagnostic assessments prescribed
under sections 3301.079 and, 3301.0710, and 3301.0712 of the
Revised Code.
Sec. 3314.26. (A) Each internet- or computer-based community
school shall withdraw from the school any student who, for two
consecutive school years, has failed to participate in the spring
administration of any test assessment prescribed under section
3301.0710 or
3301.0712 of the Revised Code for the student's
grade level and
was not excused from the test pursuant to
division (C)(1) or (3)
of section 3301.0711 of the Revised Code,
regardless of whether a
waiver was granted for the student under
division (Q)(N)(3) of
section 3314.08 of the Revised Code. The
school shall report any
such student's data verification code, as
assigned pursuant to
section 3301.0714 of the Revised Code, to
the department of
education. The department shall maintain a list
of all data
verification codes reported under this division and
section
3313.6410 of the Revised Code and provide that list to
each
internet- or computer-based community school and to each
school to
which section 3313.6410 of the Revised Code applies.
(B) No internet- or computer-based community school shall
receive any state funds under this chapter for any enrolled
student whose data verification code appears on the list
maintained by the department under division (A) of this section.
Notwithstanding any provision of the Revised Code to the
contrary, the parent of any such student shall pay tuition to the
internet- or computer-based community school in an amount equal to
the state funds the school otherwise would receive for that
student, as determined by the department. An internet- or
computer-based community school may withdraw any student for whom
the parent does not pay tuition as required by this division.
Sec. 3314.35. (A)(1) Except as provided in division (A)(2)
of this section, this section applies to any community school that
meets one of the following criteria after July 1, 2008:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for four consecutive school
years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
three consecutive school years.
(iii) For two of those school years, the school showed less
than one standard year of academic growth in either reading or
mathematics, as determined by the department of education in
accordance with rules adopted under division (A) of section
3302.021 of the Revised Code.
(c) The school satisfies all of the following conditions:
(i) The school offers any of grade levels ten to twelve.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
three consecutive school years.
(iii) For two of those school years, the school showed less
than two standard years of academic growth in either reading or
mathematics, as determined by the department in accordance with
rules adopted under division (A) of section 3302.021 of the
Revised Code.
(2) This section does not apply to any community school in
which a majority of the students are enrolled in a dropout
prevention and recovery program that is operated by the school and
that has been granted a waiver under section 3314.36 of the
Revised Code.
(B) Any community school to which this section applies shall
permanently close at the conclusion of the school year in which
the school first becomes subject to this section. The sponsor and
governing authority of the school shall comply with all procedures
for closing a community school adopted by the department under
division (E)(F) of section 3314.015 of the Revised Code. The
governing authority of the school shall not enter into a contract
with any other sponsor under section 3314.03 of the Revised Code
after the school closes.
(C) Not later than July 1, 2008, the department shall
determine the feasibility of using the value-added progress
dimension, as defined in section 3302.01 of the Revised Code, as a
factor in evaluating the academic performance of community schools
described in division (A)(1)(c)(i) of this section.
Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section,
if the department determines that using the value-added progress
dimension to evaluate community schools described in division
(A)(1)(c)(i) of this section is not feasible, a community school
described in that division shall be required to permanently close
under this section only if it has been declared to be in a state
of academic emergency under section 3302.03 of the Revised Code
for four consecutive school years.
Sec. 3314.36. (A) Section 3314.35 of the Revised Code does
not apply to any community school in which a majority of the
students are enrolled in a dropout prevention and recovery program
that is operated by the school and that has been granted a waiver
by the department of education. The department shall grant a
waiver to a dropout prevention and recovery program, within sixty
days after the program applies for the waiver, if the program
meets all of the following conditions:
(1) The program serves only students not younger than sixteen
years of age and not older than twenty-one years of age.
(2) The program enrolls students who, at the time of their
initial enrollment, either, or both, are at least one grade level
behind their cohort age groups or experience crises that
significantly interfere with their academic progress such that
they are prevented from continuing their traditional programs.
(3) The program requires students to attain at least the
applicable score designated for each of the tests assessments
prescribed under division (B)(1) of section 3301.0710 of the
Revised Code or, to the extent
prescribed by rule of the state
board of education under division
(E)(6) of section 3301.0712 of
the Revised Code, division (B)(2) of that section.
(4) The program develops an individual career plan for the
student that specifies the student's matriculating to a two-year
degree program, acquiring a business and industry credential, or
entering an apprenticeship.
(5) The program provides counseling and support for the
student related to the plan developed under division (A)(4) of
this section during the remainder of the student's high school
experience.
(6) Prior to receiving the waiver, the program has submitted
to the department an instructional plan that demonstrates how the
academic content standards adopted by the state board of education
under section 3301.079 of the Revised Code will be taught and
assessed.
If the department does not act either to grant the waiver or
to reject the program application for the waiver within sixty days
as required under this section, the waiver shall be considered to
be granted.
(B) Notwithstanding division (A) of this section, the
department shall not grant a waiver to any community school that
did not qualify for a waiver under this section when it initially
began operations, unless the state board of education approves the
waiver.
Sec. 269.60.60 3314.38. UNAUDITABLE COMMUNITY SCHOOL
(A) If the Auditor auditor of State state or a public
accountant, pursuant
to section 117.41 of the Revised Code,
declares a community school
established under Chapter 3314. of
the Revised Code this chapter to be
unauditable, the Auditor
auditor of State state shall provide written
notification of that
declaration to the school, the school's
sponsor, and the
Department department of Education education. The Auditor auditor
of State state
also shall post the notification on the Auditor
auditor of State's state's web
site.
(B) Notwithstanding any provision to the contrary in Chapter
3314. of the Revised Code this chapter or any other provision of
law, a sponsor
of a community school that is notified by the
Auditor auditor of State state
under division (A) of this section
that a community school it
sponsors is unauditable shall not
enter into contracts with any
additional community schools under
section 3314.03 of the Revised
Code until the Auditor auditor of
State state or a public accountant has
completed a financial
audit of that school.
(C) Not later than forty-five days after receiving
notification by the Auditor auditor of State state under division
(A) of this
section that a community school is unauditable, the
sponsor of the
school shall provide a written response to the
Auditor auditor of State state.
The response shall include the
following:
(1) An overview of the process the sponsor will use to review
and understand the circumstances that led to the community school
becoming unauditable;
(2) A plan for providing the Auditor auditor of State state
with the
documentation necessary to complete an audit of the
community
school and for ensuring that all financial documents
are available
in the future;
(3) The actions the sponsor will take to ensure that the plan
described in division (C)(2) of this section is implemented.
(D) If a community school fails to make reasonable efforts
and continuing progress to bring its accounts, records, files, or
reports into an auditable condition within ninety days after being
declared unauditable, the Auditor auditor of State state, in
addition to
requesting legal action under sections 117.41 and
117.42 of the
Revised Code, shall notify the Department
department of the school's failure.
If the Auditor auditor of
State state or a public accountant subsequently is
able to
complete a financial audit of the school, the Auditor auditor of
State state shall notify the Department department that the audit
has been
completed.
(E) Notwithstanding any provision to the contrary in Chapter
3314. of the Revised Code this chapter or any other provision of
law, upon
notification by the Auditor auditor of State state
under division (D) of this
section that a community school has
failed to make reasonable
efforts and continuing progress to
bring its accounts, records,
files, or reports into an auditable
condition following a
declaration that the school is unauditable,
the Department department shall
immediately cease all payments to
the school under Chapter 3314.
of the Revised Code this chapter
and any other provision of law. Upon
subsequent notification from
the Auditor auditor of State state under that
division that the
Auditor auditor of State state or a public accountant was able
to
complete a financial audit of the community school, the
Department department shall release all funds withheld from the
school under
this section.
Sec. 3314.39. (A) The department of education shall conduct
an on-site visit of each community school at least every five
years to evaluate the school's operations. During each visit, the
department shall do all of the following:
(1) Determine if the school has complied with the terms of
the contract with its sponsor;
(2) Determine if the school has complied with all laws
regarding community school academic and fiscal accountability and
with all other applicable laws and administrative rules;
(3) Corroborate the information reported to the department by
the sponsor under division (D)(3) of section 3314.03 of the
Revised Code;
(4) Review the school's progress in implementing a continuous
improvement plan developed under division (B) of section 3302.04
of the Revised Code, if applicable.
(B) Each on-site visit conducted under this section may
include school tours, classroom observations, and interviews with
administrators, teachers, other school staff, parents, or
students.
(C) Each community school shall provide any data, documents,
or other materials the department considers necessary to enable it
to conduct a thorough on-site visit.
(D) Upon completion of each on-site visit, the department
shall issue a written report summarizing its findings. The
department shall provide a copy of the report to the sponsor and
governing authority of the community school. The sponsor or the
governing authority may submit factual corrections to the
department by a deadline established by the department. Upon
receipt of any factual corrections, the department shall revise
the report and issue a final version. The department shall post
the final version of the report on its web site.
(E) The sponsor of a community school may consider findings
contained in the report issued under division (D) of this section
in deciding whether to place the school in probationary status
pursuant to section 3314.073 of the Revised Code, suspend the
operation of the school pursuant to section 3314.072 of the
Revised Code, or terminate the school's contract pursuant to
section 3314.07 of the Revised Code. If the sponsor fails to take
any of these actions that the department determines are warranted
based on the findings in the report, the department may revoke the
sponsor's approval to sponsor community schools in accordance with
division (C) of section 3314.015 of the Revised Code.
(F) Any on-site visit required by this section may be
conducted in conjunction with a site evaluation required under
division (D) of section 3302.04 of the Revised Code.
(G) The state board of education shall adopt rules to
implement this section.
Sec. 3314.42. (A) The governing authority of each community
school established under this chapter shall submit to the school's
sponsor a copy of any corrective action plan for the school
required by the department of education, including a corrective
action plan required under division (L) of section 3301.0714 of
the Revised Code. The chief administrative officer of that sponsor
shall review and sign the corrective action plan and return it to
the governing authority. The signature of the sponsor's chief
administrative officer shall signify the sponsor's receipt of
notice of the content of the corrective action plan.
(B) The sponsor shall monitor and may assist the school's
implementation of the corrective action plan.
(C) The school's failure to submit any corrective action plan
required by the department to the chief administrative officer of
the school's sponsor or to implement all of the provisions of a
corrective action plan may be considered by the sponsor when
determining whether to take any action under section 3314.07,
3314.072, or 3314.073 of the Revised Code.
Sec. 3314.43. For purposes of section 3319.321 of the
Revised Code, the sponsor of a community school established under
this chapter shall be an "educational institution," to which the
records of a pupil enrolled in the school may be released for a
legitimate educational purpose without the consent of the pupil or
the pupil's parent, guardian, or custodian in accordance with that
section. The sponsor shall handle any educational records released
to the sponsor in accordance with the requirements of that section
and the "Family Educational Rights and Privacy Act of 1974," 20
U.S.C. 1232g.
Sec. 3314.44. (A) If a community school established under
this chapter closes for any reason, the chief administrative
officer of the school at the time the school closes shall in good
faith take all reasonable steps necessary to collect and assemble
in an orderly manner the educational records of each student who
is or has been enrolled in the school so that those records may be
transmitted in accordance with this division. The chief
administrative officer shall transmit the records to the
department of education, in the manner and by the
date prescribed
by the department.
(B) No person required to collect, assemble, and transmit
student records under division (A) of this section shall fail to
comply with that division.
(C) Whoever violates division (B) of this section is guilty
of a misdemeanor in the third degree.
Sec. 3315.17. (A) The
board of education of each city,
exempted village, local, and
joint vocational school district
shall establish a textbook and
instructional materials fund. Each
board annually
shall deposit into that fund
an amount derived
from
revenues received by
the district for
operating expenses
that
is
equal to three per cent of the formula amount
for the preceding
fiscal year, as defined in section 3317.02 of the Revised Code, or
another
percentage if established by the auditor of state under
division (C)
of this section, multiplied by
the district's student
population for the preceding fiscal year.
Money in the fund shall
be used solely for
textbooks, instructional software, and
instructional materials,
supplies, and equipment. Any money in
the
fund that is not used
in any fiscal year shall carry forward
to
the next fiscal
year.
(B)(1) Notwithstanding division (A) of this section, if in a
fiscal year
a district board deposits in the textbook and
instructional
materials fund an amount of money greater than the
amount required
to be deposited by this section or the rules
adopted under
division (C) of this section, the board may deduct
the excess
amount of money from the amount of money required to be
deposited in
succeeding fiscal years.
(2) Notwithstanding division (A) of this section, in any year
a district is in fiscal emergency status as declared pursuant to
section 3316.03 of the Revised Code, the district may deposit an
amount less than required by division (A) of this section, or make
no deposit, into the district textbook and instructional materials
fund for that year.
(3) Notwithstanding division (A) of this section, in any
fiscal year that a school district is either in fiscal watch
status, as declared pursuant to section 3316.03 of the Revised
Code, or in fiscal caution status, as declared pursuant to section
3316.031 of the Revised Code, the district may apply to the
superintendent of public instruction for a waiver from the
requirements of division (A) of this section, under which the
district may be permitted to deposit an amount less than required
by that division or permitted to make no deposit into the district
textbook and instructional materials fund for that year. The
superintendent may grant a waiver under division (B)(3) of this
section if the district demonstrates to the satisfaction of the
superintendent that compliance with division (A) of this section
that year will create an undue financial hardship on the district.
(4) Notwithstanding division (A) of this section, not more
often than one fiscal year in every three consecutive fiscal
years, any school district that does not satisfy the conditions
for the exemption described in division (B)(2) of this section or
the conditions to apply for the waiver described in division
(B)(3) of this section may apply to the superintendent of public
instruction for a waiver from the requirements of division (A) of
this section, under which the district may be permitted to deposit
an amount less than required by that division or permitted to make
no deposit into the district textbook and instructional materials
fund for that year. The superintendent may grant a waiver under
division (B)(4) of this section if the district demonstrates to
the satisfaction of the superintendent that compliance with
division (A) of this section that year will necessitate the
reduction or elimination of a program currently offered by the
district that is critical to the academic success of students of
the district and that no reasonable alternatives exist for
spending reductions in other areas of operation within the
district that negate the necessity of the reduction or elimination
of that program.
(C) The state
superintendent of public instruction and the
auditor of state
jointly shall adopt rules in accordance with
Chapter 119. of the
Revised Code defining what constitutes
textbooks, instructional software, and instructional materials,
supplies, and equipment for which money in a school district's
textbook and instructional materials fund may be used. The
auditor
of state also may designate a
percentage, other
than
three
per
cent, of
the formula amount multiplied by the
district's
student
population that
must be
deposited into the
fund.
(D) Notwithstanding
division (A) of this section, a
district
board of education in any fiscal year may appropriate
money in the
district textbook and instructional materials fund
for purposes
other than those permitted by that division if both
of the
following occur during that fiscal year:
(1) All of the following certify to the district board in
writing
that the district has sufficient textbooks, instructional
software, and instructional materials, supplies, and equipment
to
ensure a thorough and efficient education within the
district:
(a) The district superintendent;
(b) In districts required to have a business advisory
council, a
A person designated by vote of the district's business
advisory
council;
(c) If the district teachers are represented by an
exclusive
bargaining representative for purposes of
Chapter 4117. of the
Revised
Code, the president of that
organization or the
president's designee.
(2) The district board adopts, by unanimous vote of all
members of the board, a resolution stating that the district has
sufficient textbooks, instructional software, and instructional
materials, supplies, and equipment to ensure a thorough and
efficient education within the district.
(E) Notwithstanding any provision to the contrary in
Chapter
4117. of the Revised Code, the requirements of this section
prevail
over any
conflicting provisions of agreements between
employee organizations and public
employers entered into on or
after
November 21, 1997.
(F) As used in this section and in section 3315.18 of the
Revised Code,
"student
population" means the average, daily,
full-time-equivalent number of students
in kindergarten
through
twelfth grade
receiving any educational services from the school
district during the first
full school week in October, excluding
students enrolled in adult
education classes, but including all of
the following:
(1) Adjacent or other district students enrolled in the
district
under an open enrollment policy pursuant to section
3313.98 of the
Revised Code;
(2) Students receiving services in the district pursuant to
a
compact, cooperative education agreement, or a contract, but who
are
entitled to attend school in another district pursuant to
section
3313.64 or 3313.65 of the Revised Code;
(3) Students for whom tuition is payable pursuant to
sections
3317.081 and 3323.141 of the Revised Code.
The department of education shall determine a district's
student population
using data reported to it under section 3317.03
of the Revised Code for the applicable fiscal
year.
Sec. 3315.37. The board of education of a school district
may establish a teacher education loan program and may expend
school funds for the program. The program shall be for the
purpose
of making loans to students who are residents of the
school
district or graduates of schools in the school district,
who are
enrolled in teacher preparation programs at institutions
approved
by the state board chancellor of the Ohio board of regents
pursuant to section 3319.23 3333.048 of the
Revised Code, and who
indicate an intent to teach in the school
district providing the
loan. The district board may forgive the
obligation to repay any
or all of the principal and interest on
the loan if the borrower
teaches in that school district.
The district board shall adopt rules establishing
eligibility
criteria, application procedures, procedures for
review of
applications, loan amounts, interest, repayment
schedules,
conditions under which principal and interest
obligations incurred
under the program will be forgiven, and any
other matter
incidental to the operation of the program.
The board may contract with a private, nonprofit
foundation,
one or more institutions of higher education, or
other educational
agencies to administer the program.
The receipt of a loan under this section does not affect a
student's eligibility for assistance, or the amount of such
assistance, granted under section 3315.33, 3333.12, 3333.122,
3333.22,
3333.26, 3333.27, 5910.04, or 5919.34 of the Revised
Code, but
the board's rules may provide for taking such assistance
into
consideration when determining a student's eligibility for a
loan
under this section.
Sec. 3316.041. (A) Notwithstanding any
provision of Chapter
133. or
sections 3313.483 to 3313.4811 of the
Revised
Code, and
subject to the
approval of the superintendent of public
instruction, a school
district that is in a state of fiscal watch
declared under
section 3316.03 of the Revised
Code may restructure
or
refinance loans obtained or in the process of being obtained
under section
3313.483 of the Revised Code if all of the following
requirements are met:
(1) The operating deficit certified for the school
district
for the current or preceding fiscal year under section 3313.483 of
the Revised
Code exceeds fifteen per cent
of the district's
general revenue fund for the fiscal
year preceding the year for
which the certification of the operating deficit
is made.
(2) The school district voters have, during the period
of the
fiscal watch, approved the levy of a tax under section
718.09,
718.10, 5705.194, 5705.21, or 5748.02 of the
Revised
Code that is
not a renewal or
replacement levy, or a levy under section
5705.199 of the Revised Code, and that will provide new operating
revenue.
(3) The board of education of the school district has
adopted
or amended the financial plan required by section
3316.04 of the
Revised
Code to reflect the
restructured or refinanced loans, and
sets forth the means by
which the district will bring projected
operating revenues and
expenditures, and projected debt service
obligations, into
balance for the life of any such loan.
(B) Subject to the
approval of the superintendent of public
instruction, the school
district may issue securities to evidence
the restructuring or
refinancing authorized by this section. Such
securities may
extend the original period for repayment not to
exceed ten
years, and may alter the frequency and amount of
repayments,
interest or other financing charges, and other terms
or
agreements under which the loans were originally contracted,
provided the loans received under sections 3313.483 of the
Revised
Code are repaid from funds
the district would otherwise receive
under sections 3317.022 to
3317.025 Chapters 3306. and 3317. of
the Revised
Code, as
required under
division (E)(3) of section
3313.483 of the Revised
Code. Securities issued for
the purpose of
restructuring or
refinancing under this section
shall be repaid
in equal payments
and at equal intervals over the term of the
debt and are not
eligible to be included in any subsequent
proposal to
restructure
or refinance.
(C) Unless the district is declared to be in a state of
fiscal
emergency under division (D) of section 3316.04 of the
Revised Code, a school
district
shall remain in a state of fiscal
watch for the duration of the
repayment period of any loan
restructured or refinanced under
this section.
Sec. 3316.06. (A) Within one hundred twenty days after the
first meeting of a school district financial planning and
supervision
commission, the commission shall adopt a financial
recovery plan regarding the
school district for which the
commission was created. During the formulation
of the plan, the
commission shall seek appropriate input from the school
district
board and from the community. This plan shall contain the
following:
(1) Actions to be taken to:
(a) Eliminate all fiscal emergency conditions declared
to
exist pursuant to division (B) of section 3316.03 of the Revised
Code;
(b) Satisfy any judgments, past-due accounts payable, and
all
past-due and payable payroll and fringe benefits;
(c) Eliminate the deficits in all deficit funds, except that
any prior year deficits in the textbook and instructional
materials fund established pursuant to section 3315.17 of the
Revised Code and the capital and maintenance fund established
pursuant to section 3315.18 of the Revised Code shall be forgiven;
(d) Restore to special funds any moneys from such funds that
were
used for purposes not within the
purposes of such funds, or
borrowed from such funds
by the purchase of debt obligations of
the school district with the
moneys of such funds, or missing from
the special funds and not accounted for,
if any;
(e) Balance the budget, avoid future deficits in any
funds,
and maintain on a current basis payments of payroll, fringe
benefits,
and all accounts;
(f) Avoid any fiscal emergency condition in the future;
(g) Restore the ability of the school district to market
long-term general obligation bonds under provisions of law
applicable to school districts generally.
(2) The management structure that will enable the school
district to
take the actions enumerated in division (A)(1) of this
section. The plan shall specify the level of fiscal and
management
control
that the commission will exercise within the
school
district during the period
of fiscal emergency, and shall
enumerate respectively, the powers and duties
of the commission
and the powers and duties of the school board during that
period.
The commission may elect to assume any of the powers and duties of
the school board it considers necessary, including all powers
related to
personnel, curriculum, and legal issues in order to
successfully implement the
actions described in division (A)(1) of
this section.
(3) The target dates for the commencement, progress
upon,
and
completion of the actions enumerated in
division (A)(1) of
this
section and a reasonable period of time
expected to be
required to
implement the plan. The commission shall prepare a
reasonable time
schedule for progress toward and
achievement of
the requirements
for the plan, and the
plan shall be consistent
with that time
schedule.
(4) The amount and purpose of any issue of debt
obligations
that will be issued, together with assurances that
any such debt
obligations that will be issued will not exceed
debt limits
supported by appropriate certifications by the fiscal
officer of
the school district and the county auditor. Debt obligations
issued pursuant to section 133.301 of the Revised Code shall
include
assurances that such debt shall be in an amount not to
exceed the amount
certified under division (B) of such section.
If
the
commission
considers it
necessary in order to maintain or
improve educational opportunities of pupils
in the school
district, the plan may include a proposal to restructure or
refinance outstanding debt obligations incurred by the board under
section
3313.483 of the Revised Code contingent upon
the approval,
during the period of the fiscal emergency, by district voters of
a
tax levied under section 718.09, 718.10, 5705.194, 5705.21,
5748.02, or
5748.08 of
the Revised Code that is not a renewal or
replacement levy, or a levy under section 5705.199 of the Revised
Code, and that
will provide new operating revenue.
Notwithstanding
any provision of
Chapter 133.
or sections 3313.483
to 3313.4811 of
the Revised Code,
following the
required approval
of the district
voters and with the approval of the
commission,
the school
district may issue securities to evidence the
restructuring or
refinancing. Those securities may extend the
original period for
repayment, not to exceed ten years, and
may
alter
the frequency
and amount of repayments, interest or other
financing charges, and
other terms of agreements under which the
debt
originally was
contracted, at the discretion of the
commission, provided that
any
loans received pursuant to section
3313.483 of the Revised Code
shall be
paid from funds the district
would otherwise receive
under sections 3317.022
to 3317.025 Chapters 3306. and 3317. of
the
Revised Code, as
required under division (E)(3) of section
3313.483 of the Revised
Code. The securities issued for the
purpose of
restructuring or
refinancing the debt shall be repaid
in equal payments and at
equal intervals over the term of the debt
and are not eligible to
be included
in any subsequent proposal
for
the purpose of
restructuring or refinancing
debt under this
section.
(B) Any financial recovery plan may be amended subsequent to
its
adoption. Each financial recovery plan shall be updated
annually.
(C) Each school district financial planning and supervision
commission shall submit the financial recovery plan it adopts or
updates under
this section to the state
superintendent of public
instruction for approval immediately
following its adoption or
updating. The state superintendent
shall evaluate the plan and
either approve or disapprove it within
thirty calendar days from
the date of its submission. If the
plan is disapproved, the state
superintendent shall recommend
modifications that will render it
acceptable. No financial
planning and supervision commission
shall
implement a financial
recovery plan that is adopted or
updated on
or after
April 10, 2001, unless
the state superintendent has
approved it.
Sec. 3316.20. (A)(1) The school district solvency
assistance
fund
is hereby created in the state treasury, to
consist of such
amounts designated
for the purposes of the fund by
the general
assembly. The fund shall be used
to provide
assistance and grants
to school
districts to enable them to
remain
solvent and
to pay
unforseeable
unforeseeable expenses of a temporary or
emergency
nature that they are
unable to pay from existing
resources.
(2) There is hereby created within the fund
an account known
as
the school district shared resource account, which shall
consist
of money appropriated to it by the general assembly. The
money in
the account shall be used solely for solvency assistance
to school
districts that have been declared under division (B) of
section 3316.03
of the Revised Code to be in a state
of
fiscal
emergency.
(3) There is hereby created within the fund an account known
as
the catastrophic expenditures account, which shall consist of
money
appropriated to the account by the general assembly plus all
investment
earnings of the fund. Money in the account shall be
used solely
for the following:
(a) Solvency assistance to school districts that have been
declared under division (B) of section 3316.03 of the
Revised Code
to be
in a state of fiscal emergency, in
the event
that all
money
in the shared resource account is utilized for
solvency
assistance;
(b) Grants to school districts
under division (C) of this
section.
(B) Solvency assistance payments under division
(A)(2) or
(3)(a) of this section shall be made
from
the fund by the
superintendent of public
instruction in accordance with rules
adopted by the
director of
budget and management, after
consulting with the superintendent,
specifying approval criteria
and
procedures
necessary for administering the fund.
The fund shall be reimbursed for any solvency assistance
amounts paid under division (A)(2) or
(3)(a) of this
section not
later
than the
end of the second fiscal year following the fiscal
year in which the
solvency assistance payment was made. If not
made
directly by
the
school district, such reimbursement shall be
made by the director of budget
and
management from the amounts the
school district would otherwise receive
pursuant to sections
3317.022 to 3317.025 Chapters 3306. and 3317. of the
Revised Code,
or from any other funds
appropriated for the district by the
general
assembly.
Reimbursements shall be credited to the
respective account from
which the solvency assistance paid to the
district was deducted.
(C) The superintendent of public instruction may make
recommendations, and the controlling board may
grant money from
the catastrophic expenditures
account to any school district that
suffers an unforeseen
catastrophic event that severely depletes
the district's financial
resources.
The superintendent shall make
recommendations for the grants in accordance with rules adopted by
the director of budget and management, after consulting with the
superintendent. A school district shall not
be required to repay
any
grant awarded to the district under this
division, unless the
district receives money from
this state or a third party,
including an agency of
the
government of the United States,
specifically for the
purpose
of compensating the district for
revenue lost or expenses incurred as a result of
the
unforeseen
catastrophic
event.
If a school district receives a grant from the
catastrophic expenditures account on the basis of the same
circumstances for which an adjustment or recomputation is
authorized under section 3317.025, 3317.026, 3317.027, 3317.028,
3317.0210, or 3317.0211 of the Revised Code, the department of
education shall reduce the adjustment or recomputation by an
amount not to exceed the total amount of the grant, and an amount
equal to the reduction shall be transferred, from the funding
source from which the adjustment or recomputation would be paid,
to the catastrophic expenditures account. Any adjustment or
recomputation under such sections that is in excess of the total
amount of the grant shall be paid to the school district.
Sec. 3317.01. As used in this section and section 3317.011
of the Revised Code,
"school district," unless otherwise
specified, means any city, local, exempted village, joint
vocational, or cooperative education school district and
any
educational service center.
This chapter shall be administered by the state board of
education. The superintendent of public instruction shall
calculate the amounts payable to each school district and shall
certify the amounts payable to each eligible district to the
treasurer of the district as provided by this chapter. As soon as
possible after such amounts are calculated, the superintendent
shall certify to the treasurer of each school district the
district's adjusted charge-off increase, as defined in section
5705.211 of the Revised Code. No moneys
shall be distributed
pursuant to this chapter without the
approval
of the controlling
board.
The state board of education shall, in accordance with
appropriations made by the general assembly, meet the financial
obligations of this chapter.
Annually, the department of education shall calculate and
report to each
school district the district's total state and
local funds for providing an
adequate basic education to the
district's nondisabled students, utilizing
the
determination in
section 3317.012 of the Revised Code. In
addition, the
department
shall
calculate and report separately for
each school district
the
district's total
state and local funds
for providing an
adequate
education for its
students
with disabilities, utilizing
the
determinations in both sections
3317.012 and 3317.013
of the
Revised Code.
Not later than the thirty-first day of August of each fiscal
year,
the department of education shall provide to each school
district and
county MR/DD board a preliminary estimate of the
amount of funding
that the department calculates the district will
receive under each of
divisions (C)(1) and
(4) of section
3317.022
of the Revised Code. No later
than the first day of
December of
each fiscal year, the department shall
update that
preliminary
estimate.
Moneys distributed pursuant to this chapter shall be
calculated and paid on a fiscal year basis, beginning with the
first day of July and extending through the thirtieth day of
June.
The moneys appropriated for each fiscal year shall be
distributed
at least monthly to each school district unless
otherwise provided
for. The state board shall submit a yearly
distribution plan to
the controlling board at its
first meeting in July. The state
board shall submit any proposed midyear
revision of the plan to
the controlling
board in January. Any year-end revision of the
plan shall be submitted to
the controlling board in June. If
moneys appropriated for each
fiscal year are distributed other
than monthly, such distribution
shall be on the same basis for
each school district.
The total amounts paid each month shall constitute, as
nearly
as possible, one-twelfth of the total amount payable for
the
entire year.
Until fiscal year 2007, payments made during the
first six
months of
the
fiscal year may be based on an estimate of
the
amounts
payable for
the entire year. Payments made in the last
six
months shall be
based on the final calculation of the amounts
payable to each
school district for that fiscal year. Payments
made in the last
six months may be adjusted, if necessary, to
correct the amounts
distributed in the first six months, and to
reflect enrollment
increases when such are at least three per
cent.
Beginning in fiscal year 2007, payments shall be calculated
to reflect the biannual reporting of average daily membership. In
fiscal year 2007 and in each fiscal year thereafter, annualized
periodic payments for each school district shall be based on the
district's final student counts verified by
the superintendent of
public instruction based on reports under
section 3317.03 of
the
Revised Code, as adjusted, if so ordered,
under division (K) of
that section, as follows:
the sum of one-half of the number of students verified
verified and adjusted for the
first full
week
in October and for the first full week in February
Except as
otherwise provided, payments under this chapter
shall be made only
to those school districts in which:
(A) The school district, except for any
educational service
center and any joint
vocational or cooperative education school
district, levies for
current operating expenses at least twenty
mills.
Levies for
joint vocational or cooperative education
school districts or
county school financing districts, limited to
or to the extent
apportioned to current expenses, shall be
included in this
qualification requirement. School district
income
tax levies
under Chapter 5748. of the Revised Code, limited
to or
to the
extent apportioned to current operating expenses,
shall be
included in this qualification requirement to the extent
determined by the tax commissioner under division (D) of
section
3317.021 of the Revised Code.
(B) The school learning year next preceding the fiscal year
for
which
such payments are authorized meets the requirement of
section
3313.48 or 3313.481 of the Revised Code, with regard to
the
minimum number of days or hours school must be open for
instruction with pupils in attendance, for individualized
parent-teacher conference and reporting periods, and for
professional meetings of teachers. This requirement Up to five
learning days shall be
waived by the superintendent of public
instruction if it had been
necessary for a school to be closed
because of disease epidemic,
hazardous weather conditions,
inoperability of school buses or
other equipment
necessary to the
school's operation, damage to a
school building, or
other
temporary circumstances due to utility
failure rendering
the
school building unfit for school use,
provided that for those
school districts operating pursuant to
section 3313.48 of the
Revised Code the number of days the school
was actually open for
instruction with pupils in attendance and
for individualized
parent-teacher conference and reporting periods
is not less than
one hundred seventy-five, or for those school
districts operating
on a trimester plan the number of days the
school was actually
open for instruction with pupils in attendance
not less than
seventy-nine days in any trimester, for those school
districts
operating on a quarterly plan the number of days the
school was
actually open for instruction with pupils in attendance
not less
than fifty-nine days in any quarter, or for those school
districts
operating on a pentamester plan the number of days the
school was
actually open for instruction with pupils in
attendance
not less
than forty-four days in any pentamester. The state board shall
adopt standards for the superintendent to apply in determining the
waiver of days or hours for schools operating under section
3313.481 of the Revised Code.
A school district shall not be considered to have failed to
comply with this division or section 3313.481 of the Revised Code
because schools were open for instruction but either twelfth
grade
students were excused from attendance for up to three days
or only
a portion of the kindergarten students were in attendance
for up
to three days in order to allow for the gradual
orientation to
school of such students.
The superintendent of public instruction shall waive the
requirements of this section with reference to the minimum number
of days or hours school must be in session with pupils in
attendance for the school learning year succeeding the school
learning year in
which
a board of education initiates a plan of
operation pursuant
to
section 3313.481 of the Revised Code. The
minimum
requirements of
this section shall again be applicable to
such a
district
beginning with the school learning year commencing
the second
July
succeeding the initiation of one such plan, and
for each
school
year thereafter.
A school district shall not be considered to have failed to
comply with
this division or section 3313.48 or 3313.481 of the
Revised Code because
schools were open for instruction but the
length of the regularly scheduled
school learning day, for any
number of
days during the school learning year, was reduced by not
more than two
hours due to hazardous weather conditions.
(C) The school district has on file, and is paying in
accordance with, a teachers' salary schedule
which complies with
section 3317.13 of the Revised Code.
A board of education or governing board of an educational
service center which
has not conformed with other law
and the
rules pursuant thereto, shall not participate in the
distribution
of funds authorized by sections 3317.022 to
3317.0211, 3317.11,
3317.16, 3317.17, and 3317.19 of the Revised
Code, except for good
and sufficient reason established to the
satisfaction of the state
board of education and the state
controlling board.
All funds allocated to school districts under this chapter,
except those specifically allocated for other purposes, shall be
used to pay current operating expenses only.
Sec. 3317.018. (A) The department of education shall make no
calculations or payments under Chapter 3317. of the Revised Code
for any fiscal year after fiscal year 2009 except as prescribed in
this section.
(B) School districts shall report student enrollment data as
prescribed by section 3317.03 of the Revised Code, which data the
department shall use to make payments under Chapters 3306. and
3317. of the Revised Code.
(C) The tax commissioner shall report data regarding tax
valuation and receipts for school districts as prescribed by
sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027,
3317.028, 3317.0210, 3317.0211, and 3317.08 and by division (M) of
section 3317.02 of the Revised Code, which data the department
shall use to make payments under Chapters 3306. and 3317. of the
Revised Code.
(D) Unless otherwise specified by another provision of law,
in addition to the payments prescribed by Chapter 3306. of the
Revised Code, the department shall continue to make payments to or
adjustments for school districts in fiscal years after fiscal year
2009 under the following provisions of Chapter 3317. of the
Revised Code:
(1) The catastrophic cost reimbursement under division (C)(3)
of section 3317.022 of the Revised Code. No other payments shall
be made under that section.
(2) All payments or adjustments under section 3317.023 of the
Revised Code, except no payments or adjustments shall be made
under divisions (B), (C), and (D) of that section.
(3) All payments or adjustments under section 3317.024 of the
Revised Code, except no payments or adjustments shall be made
under divisions (F), (L), and (N) of that section.
(4) All payments and adjustments under sections 3317.025,
3317.026, 3317.027, 3317.028, 3317.0210, and 3317.0211 of the
Revised Code;
(5) Payments under section 3317.04 of the Revised Code;
(6) Unit payments under sections 3317.05, 3317.051, 3317.052,
and 3317.053 of the Revised Code, except that no units for gifted
funding are authorized after fiscal year 2009.
(7) Payments under sections 3317.06, 3317.063, and 3317.064
of the Revised Code;
(8) Payments under section 3317.07 of the Revised Code;
(9) Payments to educational service centers under section
3317.11 of the Revised Code;
(10) The catastrophic cost reimbursement under division (E)
of section 3317.16 of the Revised Code and excess cost
reimbursements under division (G) of that section. No other
payments shall be made under that section;
(11) Payments under section 3317.17 of the Revised Code;
(12) Adjustments under section 3317.18 of the Revised Code;
(13) Payments to cooperative education school districts under
section 3317.19 of the Revised Code;
(14) Payments to county MR/DD boards under section 3317.20 of
the Revised Code;
(15) Payments to state institutions for weighted special
education funding under section 3317.201 of the Revised Code.
(E) Sections 3317.016 and 3317.017 shall not apply to fiscal
years after fiscal year 2009.
(F) This section does not affect the provisions of sections
3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08,
3317.081, 3317.082, 3317.09, 3317.12, 3317.13, 3317.14, 3317.15,
3317.50, 3317.51, 3317.62, 3317.63, and 3317.64 of the Revised
Code.
Sec. 3317.02. As used in this chapter:
(A) Unless otherwise specified,
"school district" means
city,
local, and exempted village school districts.
(B)
"Formula amount" means the base cost for the fiscal year
specified in division (B)(4) of section 3317.012 of the
Revised
Code $5,841, for fiscal year 2010, and $5,952, for fiscal year
2011.
(C)
"FTE basis" means a
count of students based on full-time
equivalency, in accordance
with rules adopted by the department of
education pursuant to
section 3317.03 of the Revised Code. In
adopting its rules under this
division, the department shall
provide for
counting any student in category one, two,
three,
four, five, or six
special
education ADM or in category one or two
vocational
education
ADM in the same proportion the student is
counted in
formula ADM.
(D)
"Formula
ADM" means, for a city, local, or exempted
village school
district, the final number verified by the
superintendent of public instruction, based on the number reported
pursuant to
division
(A) of section 3317.03 of the Revised Code,
as adjusted, if so ordered, under division (K) of that
section
"formula ADM" as defined in section 3306.02 of the Revised Code.
"Formula ADM" means, for a joint
vocational school
district, the
final number verified by the superintendent of
public
instruction, based on the number reported pursuant to
division
(D)
of section 3317.03 of the Revised Code, as adjusted,
if so
ordered, under division (K) of that section. Beginning in
fiscal
year 2007, for payments in which formula ADM is a factor,
the
formula ADM for each school district for the fiscal year is
the
sum of one-half of the number verified and adjusted
for October
of that
fiscal year plus one-half of the average of
the numbers
verified and adjusted
for October and
February of that fiscal
year.
For purposes of the calculation of payments to or
adjustments for a city, exempted village, local, or joint
vocational school district under this chapter or under Chapter
3306. of the Revised Code, calculations required under Chapter
3318. of the Revised Code, or adjustments required under Chapter
3365. of the Revised Code, the department of education shall use
the district's formula ADM as reported and verified under section
3317.03 of the Revised Code for the previous fiscal year, unless
the district's formula ADM as so reported and verified for the
current
fiscal year is at least two per cent greater than the
formula ADM
reported for the previous fiscal year, in which case
the
department shall use the district's formula ADM for the
current
fiscal year.
(E)
"Three-year average formula ADM" means the average of
formula ADMs for the
preceding three fiscal years.
(F)(1)
"Category one
special education ADM" means
the
average
daily membership of children with disabilities
receiving
special
education services for
the
disability
specified in
division
(A)(C)(1)
of
section 3317.013 3306.02 of the
Revised Code
and
reported
under
division
(B)(5) or
(D)(2)(b) of section 3317.03
of
the
Revised
Code. Beginning in fiscal year 2007, the district's
category one
special education ADM for a fiscal year is the sum
of
one-half of
the number reported for October of that fiscal
year
plus one-half
of the average of the numbers reported for
October
and February
of that fiscal year.
(2)
"Category two
special education ADM" means
the average
daily membership of children with disabilities
receiving
special
education services for those
disabilities specified in
division
(B)(C)(2)
of section 3317.013 3306.02 of the
Revised Code and
reported under
division (B)(6) or (D)(2)(c) of
section 3317.03 of
the Revised
Code. Beginning in fiscal year
2007, the district's
category two
special education ADM for a
fiscal year is the sum
of one-half of
the number reported for
October of that fiscal
year plus one-half
of the average of the
numbers reported for
October and February
of that fiscal year.
(3)
"Category three special education ADM" means
the average
daily membership of students receiving special
education services
for
those disabilities specified in division (C)(3) of
section
3317.013 3306.02
of the Revised Code, and
reported
under division
(B)(7)
or
(D)(2)(d) of section 3317.03 of
the
Revised Code.
Beginning in
fiscal year 2007, the district's category three
special education
ADM for a fiscal year is the sum of one-half of
the number
reported for October of that fiscal year plus one-half
of the
average of the numbers reported for October and February
of
that
fiscal year.
(4)
"Category four special
education ADM" means the average
daily membership of students
receiving special education services
for those disabilities specified
in division (D)(C)(4) of
section
3317.013 3306.02
of the Revised Code and
reported under division
(B)(8)
or
(D)(2)(e) of section 3317.03 of
the Revised Code.
Beginning in
fiscal year 2007, the district's category four
special education
ADM for a fiscal year is the sum of one-half of
the number
reported for October of that fiscal year plus one-half
of the
average of the numbers reported for October and February
of
that
fiscal year.
(5) "Category five special education ADM" means the average
daily membership of students receiving special education services
for the disabilities specified in division (E)(C)(5) of section
3317.013 3306.02
of
the Revised Code and reported under division
(B)(9) or
(D)(2)(f)
of section 3317.03 of the Revised Code.
Beginning in
fiscal year 2007, the district's category five
special education
ADM for a fiscal year is the sum of one-half of
the number
reported for October of that fiscal year plus one-half
of the
average of the numbers reported for October and February
of that
fiscal year.
(6) "Category six special education ADM" means the average
daily membership of students receiving special education services
for the disabilities specified in division (F)(C)(6) of section
3317.013 3306.02
of
the Revised Code and reported under division
(B)(10)
or
(D)(2)(g)
of section 3317.03 of the Revised Code.
Beginning in
fiscal year 2007, the district's category six
special education
ADM for a fiscal year is the sum of one-half of
the number
reported for October of that fiscal year plus one-half
of the
average of the numbers reported for October and February
of that
fiscal year.
(7) "Category one vocational education ADM"
means the
average
daily membership of students receiving vocational
education
services described in division (A) of section 3317.014
of the
Revised Code and reported under division (B)(11) or
(D)(2)(h)
of
section 3317.03 of the Revised Code. Beginning in fiscal year
2007, the district's category one vocational education ADM for a
fiscal year is the sum of one-half of the number reported for
October of that fiscal year plus one-half of the average of the
numbers reported for October and February of that fiscal year.
(8)
"Category two vocational education ADM" means the
average
daily membership of students receiving vocational
education
services
described in division (B) of section 3317.014
of the
Revised Code and reported
under division (B)(12) or
(D)(2)(i) of
section
3317.03 of the Revised Code. Beginning in fiscal year
2007, the district's category two vocational education ADM for a
fiscal year is the sum of one-half of the number reported for
October of that fiscal year plus one-half of the average of the
numbers reported for October and February of that fiscal year.
(G)
"Preschool child with a disability"
means a
child with
a disability,
as defined in section
3323.01 of the
Revised Code,
who is at least
age three
but is not
of compulsory school age, as
defined in
section
3321.01 of the
Revised Code, and who is not
currently
enrolled in
kindergarten.
(H)
"County MR/DD board" means a county
board of mental
retardation and developmental
disabilities.
(I)
"Recognized valuation" means the
amount calculated for a
school district pursuant to section
3317.015 of the Revised Code.
(J)
"Transportation ADM" means the number of
children
reported under division
(B)(13) of section 3317.03 of the
Revised
Code.
(K)
"Average efficient transportation use cost per
student"
means a statistical representation of
transportation costs as
calculated under division (D)(2) of section 3317.022 of the
Revised Code.
(L)
"Taxes charged and payable" means the taxes charged
and
payable against real and public utility property after making
the
reduction required by section 319.301 of the Revised Code,
plus
the taxes levied against tangible personal property.
(M)
"Total taxable value" means the sum
of the amounts
certified for a city, local, exempted village, or
joint vocational
school district under divisions (A)(1) and (2)
of section 3317.021
of the Revised Code.
(N)
"Tax exempt value" of a school district means the
amount
certified for a school district under division (A)(4) of
section
3317.021 of the Revised Code.
(O)
"Potential value" of a school district means the
recognized valuation of a school district plus
the tax
exempt
value
of
the district.
(P)
"District median income" means the median Ohio
adjusted
gross income certified for a school district. On or
before the
first
day of July of each year, the tax commissioner
shall
certify
to the
department of education and the office of
budget
and management for each city, exempted village,
and local
school
district the median Ohio adjusted gross income of
the
residents
of
the school district determined on the basis of
tax
returns
filed for the
second preceding tax year by the
residents
of the
district.
(Q)
"Statewide median income" means the median district
median
income of all city, exempted village, and local school
districts in the state.
(R)
"Income factor" for a city, exempted village, or local
school
district means the quotient obtained by dividing that
district's median income
by the statewide median income.
(S)
"Medically fragile
child" means a child to whom all of
the following apply:
(1) The child requires the services of a doctor of medicine
or osteopathic medicine at least once a week due to the
instability of the child's medical condition.
(2) The child requires the services of a registered nurse
on
a daily basis.
(3) The child is at risk of institutionalization in a
hospital, skilled nursing facility, or intermediate care facility
for the mentally retarded.
(T) A child may be identified as having an "other health
impairment-major" if the child's condition meets
the definition
of "other health impaired" established in rules
adopted by the
state board of education prior to
July 1, 2001, and
if either of
the following apply:
(1) The child is identified as having a medical condition
that is among those listed by the superintendent of public
instruction as conditions where a substantial majority of cases
fall within the definition of "medically fragile child." The
superintendent of public instruction shall issue an initial list
no later than September 1, 2001.
(2) The child is determined by the superintendent of public
instruction to be a medically fragile child. A school district
superintendent may petition the superintendent of public
instruction for a determination that a child is a medically
fragile child.
(U) A child may be identified as having an "other health
impairment-minor" if the child's condition meets
the definition
of "other health impaired" established in rules
adopted by the
state board of education prior to
July 1, 2001, but
the child's
condition does not meet
either of the
conditions
specified in
division (T)(1) or (2) of
this section.
(V) "State education aid" has the same meaning as in
section
5751.20 of the Revised Code.
(W) "Property exemption value" means zero in fiscal year
2006, and in fiscal year 2007 and each fiscal year thereafter, the
amount certified for a school district under divisions (A)(6) and
(7) of section 3317.021 of the Revised Code.
(X) "Internet- or computer-based community school" has the
same meaning as in section 3314.02 of the Revised Code.
(Y) "State share percentage" has the same meaning as in
section 3306.02 of the Revised Code.
Sec. 3317.021. (A) The information certified under this
section shall be used to calculate payments under this chapter and
Chapter 3306. of the Revised Code.
(A) On or before the first day of
June of
each year, the tax
commissioner shall certify to the
department
of
education and the
office of budget and management
the information
described in
divisions (A)(1) to (8)(7) of this
section for each
city,
exempted
village, and local school
district, and the
information
required
by divisions (A)(1) and
(2) of this section
for each
joint
vocational school district,
and it shall be used,
along
with the
information certified under
division (B) of this
section, in
making the computations for the
district under
sections
3317.022, 3317.0216,
and 3317.0217 or
section 3317.16
this chapter and Chapter 3306. of
the Revised
Code.
(1) The taxable value of real and public utility real
property in the school district subject to taxation in the
preceding tax year, by class and by county of location.
(2) The taxable value of tangible personal property,
including public utility personal property, subject to taxation
by
the district for the preceding tax year.
(3)(a) The total property tax rate and total taxes charged
and payable for the current expenses for the preceding tax year
and the total property tax rate and the total taxes charged and
payable to a joint vocational district for the preceding tax year
that are limited to or to the extent apportioned to current
expenses.
(b) The portion of the amount of taxes charged and payable
reported for each city, local, and exempted village school
district under
division (A)(3)(a) of this section attributable to
a
joint vocational school district.
(4) The For fiscal years prior to fiscal year 2010, the value
of all real and public utility real property
in
the school
district exempted from taxation minus both of the
following:
(a) The value of real and public utility real property in
the
district owned by the United States government and used
exclusively for a public purpose;
(b) The value of real and public utility real property in
the
district exempted from taxation under Chapter 725. or 1728. or
section
3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,
5709.73, or 5709.78 of
the Revised Code.
The tax commissioner need not report information prescribed
by division (A)(4) of this section for fiscal years after fiscal
year 2009.
(5) The total
federal adjusted gross income of the
residents
of the school
district, based on tax returns filed by
the
residents of the
district, for the most recent year for which
this
information is
available.
(6) The sum of the school district compensation value as
indicated on the list of exempted property for the preceding tax
year under section 5713.08 of the Revised Code as if such property
had been assessed for taxation that year and the other
compensation value for the school district, minus the amounts
described in divisions (A)(6)(c) to (i) of this section. The
portion of school district compensation value or other
compensation value attributable to an incentive district exemption
may be subtracted only once even if that incentive district
satisfies more than one of the criteria in divisions (A)(6)(c) to
(i) of this section.
(a) "School district compensation value" means the aggregate
value of real property in the school district exempted from
taxation pursuant to an ordinance or resolution adopted under
division (C) of section 5709.40, division (C) of section 5709.73,
or division (B) of section 5709.78 of the Revised Code to the
extent that the exempted value results in the charging of payments
in lieu of taxes required to be paid to the school district under
division (D)(1) or (2) of section 5709.40, division (D) of section
5709.73, or division (C) of section 5709.78 of the Revised Code.
(b) "Other compensation value" means the quotient that
results from dividing (i) the dollar value of compensation
received by the school district during the preceding tax year
pursuant to division (B), (C), or (D) of section 5709.82 of the
Revised Code and the amounts received pursuant to an agreement as
specified in division (D)(2) of section 5709.40, division (D) of
section 5709.73, or division (C) of section 5709.78 of the Revised
Code to the extent those amounts were not previously reported or
included in division (A)(6)(a) of this section, and so that any
such amount is reported only once under division (A)(6)(b) of this
section, in relation to exemptions from taxation granted pursuant
to an ordinance or resolution adopted under division (C) of
section 5709.40, division (C) of section 5709.73, or division (B)
of section 5709.78 of the Revised Code, by (ii) the real property
tax rate in effect for the preceding tax year for
nonresidential/agricultural real property after making the
reductions required by section 319.301 of the Revised Code.
(c) The portion of school district compensation value or
other compensation value that was exempted from taxation pursuant
to such an ordinance or resolution for the preceding tax year, if
the ordinance or resolution is adopted prior to January 1, 2006,
and the legislative authority or board of township trustees or
county commissioners, prior to January 1, 2006, executes a
contract or agreement with a developer, whether for-profit or
not-for-profit, with respect to the development of a project
undertaken or to be undertaken and identified in the ordinance or
resolution, and upon which parcels such project is being, or will
be, undertaken;
(d) The portion of school district compensation value that
was exempted from taxation for the preceding tax year and for
which payments in lieu of taxes for the preceding tax year were
provided to the school district under division (D)(1) of section
5709.40 of the Revised Code.
(e) The portion of school district compensation value that
was exempted from taxation for the preceding tax year pursuant to
such an ordinance or resolution, if and to the extent that, on or
before April 1, 2006, the fiscal officer of the municipal
corporation that adopted the ordinance, or of the township or
county that adopted the resolution, certifies and provides
appropriate supporting documentation to the tax commissioner and
the director of development that, based on hold-harmless
provisions in any agreement between the school district and the
legislative authority of the municipal corporation, board of
township trustees, or board of county commissioners that was
entered into on or before June 1, 2005, the ability or obligation
of the municipal corporation, township, or county to repay bonds,
notes, or other financial obligations issued or entered into prior
to January 1, 2006, will be impaired, including obligations to or
of any other body corporate and politic with whom the legislative
authority of the municipal corporation or board of township
trustees or county commissioners has entered into an agreement
pertaining to the use of service payments derived from the
improvements exempted;
(f) The portion of school district compensation value that
was exempted from taxation for the preceding tax year pursuant to
such an ordinance or resolution, if the ordinance or resolution is
adopted prior to January 1, 2006, in a municipal corporation with
a population that exceeds one hundred thousand, as shown by the
most recent federal decennial census, that includes a major
employment center and that is adjacent to historically distressed
neighborhoods, if the legislative authority of the municipal
corporation that exempted the property prepares an economic
analysis that demonstrates that all taxes generated within the
incentive district accruing to the state by reason of improvements
constructed within the district during its existence exceed the
amount the state pays the school district under section 3317.022
of the Revised Code attributable to such property exemption from
the school district's recognized valuation. The analysis shall be
submitted to and approved by the department of development prior
to January 1, 2006, and the department shall not unreasonably
withhold approval.
(g) The portion of school district compensation value that
was exempted from taxation for the preceding tax year under such
an ordinance or resolution, if the ordinance or resolution is
adopted prior to January 1, 2006, and if service payments have
been pledged to be used for mixed-use riverfront entertainment
development in any county with a population that exceeds six
hundred thousand, as shown by the most recent federal decennial
census;
(h) The portion of school district compensation value that
was exempted from taxation for the preceding tax year under such
an ordinance or resolution, if, prior to January 1, 2006, the
legislative authority of a municipal corporation, board of
township trustees, or board of county commissioners has pledged
service payments for a designated transportation capacity project
approved by the transportation review advisory council under
Chapter 5512. of the Revised Code;
(i) The portion of school district compensation value that
was exempted from taxation for the preceding tax year under such
an ordinance or resolution if the legislative authority of a
municipal corporation, board of township trustees, or board of
county commissioners have, by January 1, 2006, pledged proceeds
for designated transportation improvement projects that involve
federal funds for which the proceeds are used to meet a local
share match requirement for such funding.
As used in division (A)(6) of this section, "project" has the
same meaning as in section 5709.40 of the Revised Code.
(7) The aggregate value of real property in the school
district for which an exemption from taxation is granted by an
ordinance or resolution adopted on or after January 1, 2006, under
Chapter 725. or 1728., sections 3735.65 to 3735.70, or section
5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised
Code, as indicated on the list of exempted property for the
preceding tax year under section 5713.08 of the Revised Code and
as if such property had been assessed for taxation that year,
minus the product determined by multiplying (a) the aggregate
value of the real property in the school district exempted from
taxation for the preceding tax year under any of the chapters or
sections specified in this division, by (b) a fraction, the
numerator of which is the difference between (i) the amount of
anticipated revenue such school district would have received for
the preceding tax year if the real property exempted from taxation
had not been exempted from taxation and (ii) the aggregate amount
of payments in lieu of taxes on the exempt real property for the
preceding tax year and other compensation received for the
preceding tax year by the school district pursuant to any
agreements entered into on or after January 1, 2006, under section
5709.82 of the Revised Code between the school district and the
legislative authority of a political subdivision that acted under
the authority of a chapter or statute specified in this division,
that were entered into in relation to such exemption, and the
denominator of which is the amount of anticipated revenue such
school district would have received in the preceding fiscal year
if the real property exempted from taxation had not been exempted.
(8) For each school district receiving payments under
division (B) or (C) of section 3317.0216 of the Revised Code
during the current fiscal year, as included on the most recent
list of such districts sent to the tax commissioner under division
(F) of that section, the following:
(a) The portion of the total amount of taxes charged and
payable for current expenses certified under division (A)(3)(a) of
this section that is attributable to each new levy approved and
charged in the preceding tax year and the respective tax rate of
each of those new levies;
(b) The portion of the total taxes collected for current
expenses under a school district income tax adopted pursuant to
section 5748.03 or 5748.08 of the Revised Code, as certified under
division (A)(2) of section 3317.08 of the Revised Code, that is
attributable to each new school district income tax first
effective in the current taxable year or in the preceding taxable
year.
(B) On or before the first day of May each year, the tax
commissioner shall certify to the department of education and the
office of budget and management the
total taxable real property
value of railroads and, separately,
the total taxable tangible
personal property value of all public
utilities for the preceding
tax year, by school district and by
county of location.
(C) If a public utility has properly and timely filed a
petition for
reassessment under section 5727.47 of the Revised
Code with respect to an assessment issued
under section 5727.23 of
the Revised Code affecting taxable property
apportioned by the tax
commissioner to a school district, the taxable value of public
utility
tangible personal property
included in the certification
under divisions (A)(2) and (B)
of
this section for the school
district shall include only the amount of taxable
value on the
basis of
which the public utility paid tax for the preceding year
as provided in
division (B)(1) or (2)
of section 5727.47 of the
Revised Code.
(D) If on the basis of the information certified under
division (A) of this section, the department determines that any
district fails in any year to meet the qualification requirement
specified in division (A)(1) of section 3306.01 and division (A)
of section 3317.01 of the Revised Code,
the department shall
immediately request the tax commissioner to
determine the extent
to which any school district income tax
levied by the district
under Chapter 5748. of the Revised Code
shall be included in
meeting that requirement. Within five days
of
receiving such a
request from the department, the tax
commissioner
shall make the
determination required by this
division and report
the quotient
obtained under division
(D)(3)
of
this section to the
department
and the office of budget and management. This quotient
represents
the
number of mills that the department shall include
in
determining
whether the district meets the qualification
requirement of
division (A)(1) of section 3306.01 and division (A)
of section 3317.01 of the Revised
Code.
The tax commissioner shall make the determination required
by
this division as follows:
(1) Multiply one mill times the total taxable value of the
district as determined in divisions (A)(1) and (2) of this
section;
(2) Estimate the total amount of tax liability for the
current tax year under taxes levied by Chapter 5748. of the
Revised Code that are apportioned to current operating expenses
of
the district, excluding any income tax receipts allocated for the
project cost, debt service, or maintenance set-aside associated
with a state-assisted classroom facilities project as authorized
by section 3318.052 of the Revised Code;
(3) Divide the amount estimated under division (D)(2) of
this
section by the product obtained under division (D)(1)
of
this
section.
(E)(1) On or before June 1, 2006, and the first day of April
of each year thereafter, the director of development shall report
to the department of education, the tax commissioner, and the
director of budget and management the total amounts of payments
received by each city, local, exempted village, or joint
vocational school district for the preceding tax year pursuant to
division (D) of section 5709.40, division (D) of section 5709.73,
division (C) of section 5709.78, or division (B)(1), (B)(2), (C),
or (D) of section 5709.82 of the Revised Code in relation to
exemptions from taxation granted pursuant to an ordinance adopted
by the legislative authority of a municipal corporation under
division (C) of section 5709.40 of the Revised Code, or a
resolution adopted by a board of township trustees or board of
county commissioners under division (C) of section 5709.73 or
division (B) of section 5709.78 of the Revised Code, respectively.
On or before April 1, 2006, and the first day of March of each
year thereafter, the treasurer of each city, local, exempted
village, or joint vocational school district that has entered into
such an agreement shall report to the director of development the
total amounts of such payments the district received for the
preceding tax year as provided in this section. The state board of
education, in accordance with sections 3319.31 and 3319.311 of the
Revised Code, may suspend or revoke the license of a treasurer
found to have willfully reported erroneous, inaccurate, or
incomplete data under this division.
(2) On or before April 1, 2007, and the first day of April of
each year thereafter, the director of development shall report to
the department of education, the tax commissioner, and the
director of budget and management the total amounts of payments
received by each city, local, exempted village, or joint
vocational school district for the preceding tax year pursuant to
divisions (B), (C), and (D) of section 5709.82 of the Revised Code
in relation to exemptions from taxation granted pursuant to
ordinances or resolutions adopted on or after January 1, 2006,
under Chapter 725. or 1728., sections 3735.65 to 3735.70, or
section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the
Revised Code. On or before March 1, 2007, and the first day of
March of each year thereafter, the treasurer of each city, local,
exempted village, or joint vocational school district that has
entered into such an agreement shall report to the director of
development the total amounts of such payments the district
received for the preceding tax year as provided by this section.
The state board of education, in accordance with sections 3319.31
and 3319.311 of the Revised Code, may suspend or revoke the
license of a treasurer found to have willfully reported erroneous,
inaccurate, or incomplete data under this division.
Sec. 3317.022. (A)(1) The department of education shall
compute
and distribute state base cost funding to
each eligible
school
district for the fiscal year,
using
the
information
obtained
under section
3317.021 of the Revised
Code in
the
calendar year in
which the
fiscal year begins, according to the
following formula:
If the difference obtained is a negative number, the
district's computation shall be zero.
(2)(a) For each school district for which the tax exempt
value
of the district equals or exceeds twenty-five per cent of
the
potential value of the district, the department of education
shall
calculate the difference between the district's tax exempt
value
and twenty-five per cent of the district's potential value.
(b) For each school district to which division
(A)(2)(a)
of
this section applies, the
department
shall adjust the
recognized
valuation used in
the
calculation
under
division (A)(1)
of this
section
by subtracting
from it the amount
calculated under
division (A)(2)(a) of this section.
(B) As used in this section:
(1) The "total special education weight" for a district
means
the sum of the following amounts:
(a) The district's category one special education ADM
multiplied by the
multiple specified
in division
(A) of
section
3317.013 of the Revised Code;
(b) The
district's category two
special education
ADM
multiplied by the
multiple
specified
in division
(B) of section
3317.013 of the Revised
Code;
(c) The district's category three special education ADM
multiplied by the multiple specified in division (C) of section
3317.013 of the Revised Code;
(d) The district's category four special education ADM
multiplied by the multiple specified in division (D) of section
3317.013 of the Revised Code;
(e) The district's category five special education ADM
multiplied by the multiple specified in division (E) of section
3317.013 of the Revised Code;
(f) The district's category six special education ADM
multiplied by the multiple specified in division (F) of section
3317.013 of the Revised Code.
(2) "State share percentage" means the percentage calculated
for a
district as follows:
(a) Calculate the state base cost funding amount for
the
district for
the fiscal year under division (A) of this section.
If
the district would not receive any state base cost
funding for
that year
under that division, the district's state share
percentage is zero.
(b) If the district would receive state base cost
funding
under that
division, divide that amount by an amount equal to the
following:
(the formula amount X formula ADM) +
the sum of the base funding supplements
prescribed in divisions (C)(1) to (4)
of section 3317.012 of the Revised Code +
the sum of the amounts calculated for the district under
sections 3317.029 and 3317.0217 of the Revised Code
The resultant number is the district's state share
percentage.
(3)
"Related services" includes:
(a) Child study, special education supervisors and
coordinators, speech and hearing services, adaptive physical
development services, occupational or physical therapy,
teacher
assistants for children with disabilities whose
disabilities are
described
in division
(B) of section
3317.013 or division (F)(3)
of section
3317.02 of the Revised
Code, behavioral intervention,
interpreter
services, work study,
nursing services, and
specialized
integrative services as those
terms are defined by
the department;
(b) Speech and language services provided to any
student
with
a disability, including any student whose primary or
only
disability is a speech and language disability;
(c) Any related service not specifically covered
by other
state funds but specified in federal law, including but
not
limited to, audiology and school psychological services;
(d) Any service included in units funded under
former
division (O)(1) of
section 3317.024 of the Revised Code;
(e) Any other related service needed by
children
with
disabilities in accordance with their individualized
education
programs.
(4)(3) The "total vocational education weight" for a district
means
the sum of the following amounts:
(a) The district's category one vocational education ADM
multiplied by the multiple specified in division (A) of section
3317.014 of the Revised Code;
(b) The district's category two vocational education ADM
multiplied by the multiple specified in division (B) of section
3317.014 of the Revised Code.
(5)(4) "Preschool scholarship ADM" means the number of
preschool children with disabilities reported under
division
(B)(3)(h) of section 3317.03 of the Revised Code.
(C)(1) The department shall compute and distribute state
special education and related services additional weighted costs
funds
to each school district in accordance with the following
formula:
(2)
The
attributed local share of special education and
related services additional
weighted costs equals:
(3)(a) The department shall compute and
pay in accordance
with
this division additional state aid to
school districts for
students in
categories two through six special
education ADM. If
a
district's
costs for the fiscal year for a
student in its
categories two through six
special
education ADM
exceed the
threshold catastrophic cost for serving the student,
the
district
may submit to
the superintendent of public
instruction
documentation, as
prescribed by the superintendent, of
all its
costs for that
student. Upon submission of documentation
for a
student of the
type and in the manner prescribed, the
department
shall pay to
the district an amount equal to the
sum of the
following:
(i) One-half of the district's costs for the student in
excess of the threshold catastrophic cost;
(ii) The product of one-half of the
district's costs for the
student in excess of
the threshold catastrophic cost multiplied
by
the district's state share percentage.
(b) For purposes of division (C)(3)(a) of this section, the
threshold catastrophic cost for serving a student equals:
(i) For a student in the school district's category two,
three, four, or five special education ADM,
twenty-seven thousand
three hundred seventy-five dollars in fiscal
years 2008 and 2009;
(ii) For a student in the district's category six special
education ADM, thirty-two thousand eight hundred fifty
dollars in
fiscal years 2008 and 2009.
(c) The district shall only report
under division (C)(3)(a)
of this section, and the department shall only
pay
for, the
costs
of educational expenses and the related
services provided
to
the
student in accordance with the student's
individualized
education
program. Any legal fees, court costs, or
other costs
associated
with any cause of action relating to the
student may
not be
included in the amount.
(4)(a) As used in this division, the "personnel
allowance"
means
thirty
thousand dollars
in fiscal
years 2008 and 2009.
(b) For the provision of speech language pathology services
to students,
including students
who do
not have
individualized
education
programs prepared for
them under
Chapter
3323. of the
Revised
Code, and for
no
other purpose, the department of
education shall
pay each
school district an
amount calculated
under the following
formula:
(5) In any fiscal year, a school district
shall spend
for
purposes that the department designates as approved for
special
education
and related services
expenses
at least the amount
calculated
as follows:
The purposes approved by the department for special education
expenses shall include, but shall not be limited to,
identification of children with disabilities,
compliance with
state
rules governing the education of
children with disabilities
and
prescribing the continuum of
program options for
children
with disabilities,
provision of speech language pathology
services, and the portion
of the school district's overall
administrative and overhead costs
that are attributable to the
district's special education student
population.
The scholarships deducted from the school district's account
under section 3310.41 of the Revised Code shall be
considered to
be an approved special education and related
services expense for
the purpose of the school district's
compliance with division
(C)(5) of this section.
The department shall require school districts to report data
annually to allow for monitoring compliance with division (C)(5)
of this section. The department shall annually report to the
governor and the general assembly the amount of money spent by
each school district for special education and related services.
(6) In any fiscal year, a school district shall spend for the
provision of speech language pathology services not less than the
sum of the amount calculated under division (C)(1) of this section
for the students in the district's category one special education
ADM and the amount calculated under division (C)(4) of this
section.
(D)(1) As used in this division:
(a) "Daily bus miles per student" equals the number of bus
miles
traveled per day, divided by transportation base.
(b) "Transportation base" equals total student count as
defined
in section 3301.011 of the Revised Code, minus the number
of
students enrolled in units for preschool
children with
disabilities, plus the
number
of nonpublic school
students
included in transportation
ADM.
(c) "Transported student percentage" equals transportation
ADM divided by transportation base.
(d) "Transportation cost per student" equals total operating
costs for board-owned or contractor-operated school buses divided
by
transportation base.
(2) Analysis of student transportation cost data has
resulted
in a
finding that an average efficient transportation use
cost per
student
can be calculated by means of a regression
formula that
has as its two
independent variables the number of
daily bus miles
per student
and the transported student
percentage. For fiscal
year 1998 transportation cost data, the
average efficient
transportation use cost per student is expressed
as follows:
The department of education shall annually determine the
average
efficient transportation use cost per student in
accordance with the
principles stated in division (D)(2) of this
section, updating the
intercept and regression coefficients of the
regression formula
modeled in this division, based on an annual
statewide analysis of
each school district's daily bus miles per
student, transported
student percentage, and transportation cost
per student data. The
department shall conduct the annual update
using data, including
daily bus miles per student, transported
student percentage, and
transportation cost per student data, from
the prior fiscal year.
The department shall notify the office of
budget and management of
such update by the fifteenth day of
February of each year.
(3) In addition to funds paid under divisions (A), (C), and
(E) of this
section, each
district with a transported student
percentage greater than
zero shall receive a payment equal to a
percentage of the product of the district's transportation
base
from the prior fiscal year times the annually
updated average
efficient transportation use cost per student,
times an inflation
factor
of two and eight-tenths per cent to account for the
one-year difference
between the data used in updating the
formula
and calculating the payment and the year in which the payment is
made. The percentage shall be the following percentage of that
product
specified for the corresponding fiscal year:
|
FISCAL YEAR |
|
PERCENTAGE |
|
2000 |
|
52.5% |
|
2001 |
|
55% |
|
2002 |
|
57.5% |
|
2003 and thereafter |
|
The greater of 60%
or the district's state share percentage |
The payments made under division (D)(3) of this section each
year
shall be calculated based on all of the same prior year's
data used to update
the formula.
(4) In addition to funds paid under divisions (D)(2)
and (3)
of this section, a school district shall receive a
rough road
subsidy if
both of the following apply:
(a) Its county rough road percentage is higher than the
statewide
rough road percentage, as those terms are defined in
division
(D)(5) of this section;
(b) Its district student density is
lower than the statewide
student density, as those terms are defined in
that division.
(5) The rough road subsidy paid to each district meeting
the
qualifications of division (D)(4) of this section shall
be
calculated in accordance with the following formula:
(a) "Per rough mile subsidy" equals the amount calculated in
accordance with the following formula:
(i) "Maximum rough road percentage" means the highest county
rough road percentage in the state.
(ii) "County rough road percentage" equals the percentage of
the mileage of state, municipal, county, and township roads that
is rated by
the department of transportation as
type A, B, C, E2,
or F in the
county in which the school district is located
or, if
the district is located in more than one county, the county
to
which it is assigned for purposes of determining its
cost-of-doing-business factor.
(iii) "Statewide rough road percentage" means the percentage
of
the statewide total mileage of state, municipal, county, and
township roads
that is rated as type A, B, C, E2, or
F by the
department of transportation.
(b) "Total rough road miles" means a school district's total
bus
miles traveled in one year times its county rough road
percentage.
(c) "Density multiplier" means a figure calculated in
accordance
with the following formula:
(i) "Minimum student density" means the lowest district
student
density in the state.
(ii) "District student density" means a school district's
transportation base divided by the number of square miles in the
district.
(iii) "Statewide student density" means the sum of the
transportation bases for all school districts divided by the sum
of the square
miles in all school districts.
(6) In addition to funds paid under divisions
(D)(2) to (5)
of this section, each district
shall receive in accordance with
rules adopted by the state board of education
a payment for
students transported by
means other than board-owned or
contractor-operated buses and whose
transportation is not funded
under division (G) of section 3317.024
of the Revised Code. The
rules shall include
provisions for school district reporting of
such students.
(E)(1) The department shall compute and distribute state
vocational
education additional weighted costs funds to each
school district in
accordance with the following formula:
In any fiscal year, a school district receiving funds under
division (E)(1) of this section shall spend those funds only for
the purposes that the department designates as approved for
vocational
education expenses. Vocational educational expenses
approved by the department shall include only expenses connected
to the delivery of career-technical programming to
career-technical students. The department shall require the school
district to report data annually so that the department may
monitor the district's compliance with the requirements regarding
the manner in which funding received under division (E)(1) of this
section may be spent.
(2) The department shall compute for each school
district
state funds for vocational education associated services in
accordance with the following formula:
In any fiscal year, a school district receiving funds under
division (E)(2) of this section, or through a transfer of funds
pursuant to division (L) of section 3317.023 of the Revised Code,
shall spend
those funds only for
the purposes that the department
designates as approved for vocational
education associated
services expenses, which may
include such purposes as
apprenticeship coordinators, coordinators for other
vocational
education services, vocational
evaluation, and other purposes
designated by the department. The
department may deny payment
under division (E)(2) of this section to
any district that the
department determines is not operating those services or
is using
funds paid under
division (E)(2) of this section, or through a
transfer of funds
pursuant to division (L) of section 3317.023 of
the Revised Code, for other
purposes.
(F) The actual local share in
any fiscal year for the
combination of special education and
related services additional
weighted costs funding calculated
under division (C)(1) of this
section, transportation funding
calculated under divisions (D)(2)
and (3) of this section, and
vocational education and associated
services additional weighted
costs funding calculated under
divisions (E)(1) and (2) of this
section shall not exceed for any
school district the product of
three and three-tenths mills times
the district's
recognized valuation. The department annually shall
pay
each
school
district as an excess cost supplement any amount
by
which
the sum
of the district's attributed local shares for
that
funding
exceeds
that product. For purposes of calculating the
excess cost
supplement:
(1) The attributed local share for special education and
related services additional weighted costs funding is the amount
specified in division (C)(2) of this section.
(2) The attributed local share of transportation funding
equals the difference of the total amount calculated for the
district using the formula developed under division (D)(2) of this
section minus the actual amount paid to the district after
applying the percentage specified in division (D)(3) of this
section.
(3) The attributed local share of vocational education and
associated services additional weighted costs funding is the
amount determined as follows:
Sec. 3317.023. (A) Notwithstanding section 3317.022 of
the
Revised Code, the The amounts required to be paid to a district
under
this chapter and Chapter 3306. of the Revised Code shall be
adjusted by the amount
of the computations
made under divisions
(B) to
(N) of this
section. The department of education shall not
make payments or adjustments under divisions (B), (C), and (D) of
this section for any fiscal year after fiscal year 2009.
(1)
"Classroom teacher" means a licensed employee who
provides direct instruction to pupils, excluding teachers funded
from money paid to the district from federal sources; educational
service personnel; and vocational and special education teachers.
(2)
"Educational service personnel" shall not include such
specialists funded from money paid to the district from federal
sources or assigned full-time to vocational or special education
students and classes and may only include those persons employed
in the eight specialist areas in a pattern approved by the
department of education under guidelines established by the state
board of education.
(3)
"Annual salary" means the annual base salary stated in
the state minimum salary schedule for the performance of the
teacher's regular teaching duties that the teacher earns for
services rendered for the first full week of October of the
fiscal
year for which the adjustment is made under division
(C) of this
section. It shall not include any salary payments for
supplemental
teachers contracts.
(4)
"Regular student population" means the formula ADM
plus
the number of students reported as enrolled in the district
pursuant
to division (A)(1) of section 3313.981 of the Revised
Code;
minus the number of students reported under
division (A)(2)
of section 3317.03 of the Revised
Code; minus the FTE of students
reported under
division (B)(6), (7), (8),
(9), (10), (11),
or (12)
of
that
section who are enrolled
in a vocational education
class
or
receiving special education;
and minus twenty per cent of the
students
enrolled concurrently in a joint
vocational school
district.
(5)
"State share percentage"
has the same
meaning
as in
section
3317.022
of the Revised Code.
(6)
"VEPD" means a school district or group of school
districts
designated by the department of education as being
responsible for the
planning for and provision of vocational
education
services to students within the district or group.
(7)(6)
"Lead district" means a school district, including a
joint
vocational school district, designated by the department as
a
VEPD, or designated to provide primary vocational education
leadership within a VEPD composed of a group of districts.
(B) If the district employs less than one full-time
equivalent classroom teacher for each twenty-five pupils in
the
regular student population in any school district, deduct the sum
of the amounts obtained
from the following computations:
(1) Divide the number of the district's full-time
equivalent
classroom teachers employed by one twenty-fifth;
(2) Subtract the quotient in (1) from the district's
regular
student population;
(3) Multiply the difference in (2) by seven hundred
fifty-two
dollars.
(C) If a positive amount, add one-half of the amount
obtained
by multiplying the number of full-time equivalent
classroom
teachers by:
(1) The mean annual salary of all full-time equivalent
classroom teachers employed by the district at their respective
training and experience levels minus;
(2) The mean annual salary of all such teachers at their
respective levels in all school districts receiving payments
under
this section.
The number of full-time equivalent classroom teachers used
in
this computation shall not exceed one twenty-fifth of the
district's regular student population. In calculating
the
district's mean salary under
this division, those full-time
equivalent classroom teachers with
the highest training level
shall be counted first, those with the
next highest training level
second, and so on, in descending
order. Within the respective
training levels, teachers with the
highest years of service shall
be counted first, the next highest
years of service second, and so
on, in descending order.
(D) This division does not apply to a school district that
has entered into an agreement under division (A) of section
3313.42 of the Revised Code. Deduct the amount obtained from the
following computations if the district employs fewer than five
full-time equivalent educational service personnel, including
elementary school art, music, and physical education teachers,
counselors, librarians, visiting teachers, school social workers,
and school nurses for each one thousand pupils in the
regular
student population:
(1) Divide the number of full-time equivalent educational
service personnel employed by the district by five
one-thousandths;
(2) Subtract the quotient in (1) from the district's
regular
student population;
(3) Multiply the difference in (2) by ninety-four dollars.
(E) If a local school district, or a city or exempted
village
school district to which a governing board of
an
educational
service center provides services
pursuant to section
3313.843 of
the Revised
Code, deduct the amount of the payment
required for
the
reimbursement of the governing board under
section 3317.11 of
the Revised
Code.
(F)(1) If the district is required to pay to or entitled
to
receive tuition from another school district under division
(C)(2)
or (3) of section 3313.64 or section 3313.65 of the
Revised Code,
or if the superintendent of public instruction is
required to
determine the correct amount of tuition and make a
deduction or
credit under section 3317.08 of the Revised Code,
deduct and
credit such amounts as provided in division (J) of
section 3313.64
or section 3317.08 of the Revised Code.
(2) For each child for whom the district is responsible
for
tuition or payment under division (A)(1) of section 3317.082 or
section 3323.091 of the Revised Code, deduct
the amount of tuition
or payment for which the district is responsible.
(G) If the district has been certified by the
superintendent
of public instruction under section 3313.90 of the
Revised Code as
not in compliance with the requirements of that
section, deduct an
amount equal to ten per cent of the amount
computed for the
district under section 3317.022 Chapter 3306. of the Revised
Code.
(H) If the district has received a loan from a
commercial
lending institution for which payments are made by the
superintendent of public instruction pursuant to division (E)(3)
of section 3313.483 of the Revised Code, deduct an amount equal
to
such payments.
(I)(1) If the district is a party to an agreement entered
into under division (D), (E), or (F) of section 3311.06 or
division (B) of section 3311.24 of the Revised Code and is
obligated to make payments to another district under such an
agreement, deduct an amount equal to such payments if the
district
school board notifies the department in writing that it
wishes to
have such payments deducted.
(2) If the district is entitled to receive payments from
another district that has notified the department to deduct such
payments under division (I)(1) of this section, add the
amount of
such payments.
(J) If the district is required to pay an amount of funds
to
a cooperative education district pursuant to a provision
described
by division (B)(4) of section 3311.52 or division
(B)(8) of
section 3311.521 of the Revised Code, deduct such
amounts as
provided under that provision and credit those amounts
to the
cooperative education district for payment to the district
under
division (B)(1) of section 3317.19 of the Revised Code.
(K)(1) If a district is educating a student entitled to
attend
school in another district pursuant to a shared education
contract, compact,
or cooperative education agreement other than
an agreement entered into
pursuant to section 3313.842 of the
Revised Code, credit to
that educating district on an FTE basis
both of the following:
(a) An amount equal to the
sum of the formula amount plus
the per pupil amount of the
base funding supplements specified in
divisions (C)(1) to (4) of
section 3317.012 of the Revised Code.
(b) An amount equal to the current formula amount times the
state
share
percentage times any multiple applicable to the
student
pursuant to section
3317.013 or 3317.014 3306.11 of the
Revised
Code.
(2) Deduct any amount credited pursuant to division (K)(1)
of
this section from amounts paid to the school district in which
the
student is
entitled to attend school pursuant to section
3313.64
or 3313.65 of the
Revised Code.
(3) If the district is required by a shared education
contract, compact,
or cooperative education agreement to make
payments to an educational service
center, deduct the amounts from
payments to the district and add them to the
amounts paid to the
service center pursuant to section 3317.11 of the Revised
Code.
(L)(1) If a district, including a joint vocational school
district, is a lead district of a VEPD, credit to that district
the amounts calculated for all the school districts within that
VEPD pursuant to division (E)(2) of section
3317.022 of the
Revised Code.
(2) Deduct from each appropriate district that is not a lead
district, the amount attributable to that district that is
credited to a
lead district under division (L)(1) of this section.
(M) If the department pays a joint vocational school district
under division (G)(4) of section 3317.16 of the Revised Code for
excess costs of providing special education and related services
to a student with a disability, as calculated under
division
(G)(2) of that section, the department shall deduct the
amount of
that payment from the city, local, or exempted village
school
district that is responsible as specified in that section
for the
excess costs.
(N)(1) If the district reports an amount of excess cost for
special education services for a child under division (C) of
section 3323.14 of the Revised Code, the department shall pay that
amount to the district.
(2) If the district reports an amount of excess cost for
special education services for a child under division (C) of
section 3323.14 of the Revised Code, the department shall deduct
that amount from the district of residence of that child.
Sec. 3317.024. In addition to the moneys paid to eligible
school districts pursuant to section
3317.022 of the Revised Code,
moneys
appropriated for the education programs in divisions (A) to
(I),
(K), (L), and (N) of this
section shall be
distributed to
school districts meeting
the requirements of
section 3317.01 of
the Revised Code;
in the case of divisions (G)
and (L) of this
section, to educational service centers as
provided in section
3317.11 of the Revised Code; in the case of
divisions (D) and (J)
of this section, to
county MR/DD
boards; in the case of division
(N)
of this section,
to joint
vocational school districts; in the
case of division (H) of this
section, to
cooperative education
school districts; and in the
case of division (M) of
this section,
to the institutions defined
under section 3317.082 of the
Revised
Code providing elementary or
secondary education programs to
children
other than children
receiving special education under
section 3323.091 of the
Revised
Code. The following shall be
distributed monthly, quarterly, or
annually as may be determined
by the state board of education, except that the department of
education shall not make payments under divisions (F), (L), and
(N) of this section for any fiscal year after fiscal year 2009:
(A) An amount for each island school district and each
joint
state school district for the operation of each high school
and
each elementary school maintained within such district and
for
capital improvements for such schools. Such amounts shall be
determined on the basis of standards adopted by the state board
of
education.
(B) An amount for each school district operating classes
for
children of migrant workers who are unable to be in
attendance in
an Ohio school during the entire regular school
year. The amounts
shall be determined on the basis of standards
adopted by the state
board of education, except that payment
shall be made only for
subjects regularly offered by the school
district providing the
classes.
(C) An amount for each school district with guidance,
testing, and counseling programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education.
(D) An amount for the emergency purchase of school buses
as
provided for in section 3317.07 of the Revised Code;
(E) An amount for each school district required to pay
tuition for a child in an institution maintained by the
department
of youth services pursuant to section 3317.082 of the
Revised
Code, provided the child was
not included in the calculation of
the district's average daily
membership for the preceding school
year.
(F) An amount for adult basic literacy education for each
district participating in programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education.
(G) An amount for the approved cost of transporting
eligible
pupils with disabilities attending a special education program
approved by the department of education whom it is impossible or
impractical to transport by regular school bus in the course of
regular route transportation provided by the district or service
center. No district or service center is eligible to receive a
payment under this division for
the cost of transporting any pupil
whom it transports by regular
school bus and who is included in
the district's transportation
ADM. The state board of education
shall establish
standards and guidelines for use by the department
of education
in determining the approved cost of such
transportation for each
district or service center.
(H) An amount to each school district, including each
cooperative education school district, pursuant to section
3313.81
of the Revised Code to assist in providing free lunches
to needy
children and an amount to assist needy school districts
in
purchasing necessary equipment for food preparation. The
amounts
shall be determined on the basis of rules adopted by the
state
board of education.
(I) An amount to each school district, for each pupil
attending a chartered nonpublic elementary or high school within
the district. The amount shall equal the amount appropriated for
the implementation of section 3317.06 of the Revised Code divided
by the average daily membership in grades kindergarten through
twelve in nonpublic elementary and high schools within the state
as determined during the first full week in October of each
school
year.
(J) An amount for each county MR/DD board,
distributed on
the
basis of standards adopted by the state board of education,
for
the approved cost of transportation required for children
attending special education programs operated by the county MR/DD
board under section 3323.09 of the Revised Code;
(K) An amount for each school district that establishes a
mentor teacher program that complies with rules of the state
board
of education. No school district shall be required to establish
or
maintain such a program in any year unless sufficient funds are
appropriated
to cover the district's total costs for the program.
(L) An amount to each school district or educational service
center for the total number of gifted units approved pursuant to
section 3317.05 of the Revised Code. The amount for each such
unit
shall be the sum of the minimum salary for the teacher of
the
unit, calculated on the basis of the teacher's training
level and
years of experience pursuant to
the salary schedule prescribed in
the version of section 3317.13 of the Revised Code
in effect prior
to
July 1, 2001,
plus fifteen
per cent of
that minimum salary
amount, plus two thousand six
hundred
seventy-eight
dollars.
(M) An amount to each
institution defined under section
3317.082 of the
Revised Code providing elementary or
secondary
education to children other than children receiving
special
education under section 3323.091 of the
Revised Code. This amount
for any
institution in any fiscal year shall equal the total of
all
tuition amounts required to be paid to the institution under
division (A)(1) of section
3317.082 of the Revised Code.
(N) A grant to each school district and joint vocational
school
district that operates a "graduation, reality, and
dual-role skills"
(GRADS) program for pregnant and parenting
students that is
approved by the department. The amount of the
payment shall be the district's
state share
percentage, as defined
in section 3317.022 or 3317.16 of the
Revised Code, times the
GRADS
personnel allowance times the full-time-equivalent number of
GRADS
teachers approved by the department. The GRADS personnel
allowance is
$47,555 in fiscal
years
2008 and 2009.
The GRADS
program shall include instruction on adoption as an option for
unintended pregnancies.
The state board of education or any other board of
education
or governing board may provide for any resident of a district
or
educational service center territory any
educational service for
which funds are made available to the
board by the United States
under the authority of public law,
whether such funds come
directly or indirectly from the United
States or any agency or
department thereof or through the state
or any agency, department,
or political subdivision thereof.
Sec. 3317.025. On or before the first day of June of each
year, the tax commissioner shall certify the following
information
to the department of education and the office of budget and
management, for each school
district in which
the value of the
property described under
division (A) of this
section exceeds one
per cent of the taxable
value of all real and
tangible personal
property in the district
or in which is located
tangible personal
property designed for
use or used in strip
mining operations,
whose taxable value
exceeds five million
dollars, and the taxes
upon which the
district is precluded from
collecting by virtue of
legal
proceedings to determine the value
of such property:
(A) The total taxable value of all property in the
district
owned by a public utility or railroad that has filed a
petition
for reorganization under the "Bankruptcy Act," 47 Stat.
1474
(1898), 11 U.S.C. 205, as amended, and all tangible personal
property in the district designed for use or used in strip mining
operations whose taxable value exceeds five million dollars upon
which have not been paid in full on or before the first day of
April of that calendar year all real and tangible personal
property taxes levied for the preceding calendar year and which
the district was precluded from collecting by virtue of
proceedings under section 205 of said act or by virtue of legal
proceedings to determine the tax liability of such strip mining
equipment;
(B) The percentage of the total operating taxes charged
and
payable for school district purposes levied against such
valuation
for the preceding calendar year
that have not been
paid by
such
date;
(C) The product obtained by multiplying the value
certified
under division (A) of this section by the percentage
certified
under
division (B) of this section. If the value certified under
division (A) of this section includes taxable property owned by a
public utility or railroad that has filed a petition for
reorganization under the bankruptcy act, the amount used in
making
the calculation under this division shall be reduced by
one per
cent of the total value of all real and tangible personal
property
in the district or the value of the utility's
or railroad's
property, whichever is less.
Upon receipt of the certification, the department shall
recompute the payments required under section 3317.022
this
chapter and Chapter 3306. of the
Revised Code in the manner the
payments would
have been computed
if:
(1) The amount certified under division (C) of this
section
was not subject to taxation by the district and was not
included
in the certification made under division (A)(1), (A)(2), or
(D) of
section 3317.021 of the Revised Code.
(2) The amount of taxes charged and payable and unpaid and
used to make the computation under division (B) of this section
had not been levied and had not been used in the computation
required by division (B) of section 3317.021 of the Revised Code.
The department shall pay the district that amount in the ensuing
fiscal year in lieu of the amounts computed under
section
3317.022
this chapter and Chapter 3306. of the Revised Code.
If a school district received a grant from the catastrophic
expenditures account pursuant to division (C) of section 3316.20
of the Revised Code on the basis of the same circumstances for
which a recomputation is made under this section, the amount of
the recomputation shall be reduced and transferred in accordance
with division (C) of section 3316.20 of the Revised Code.
Sec. 3317.0210. (A) As used in this section:
(1)
"Bankruptcy Reform Act" means the
"Bankruptcy Reform
Act
of 1978," 92 Stat. 2558, 11 U.S.C. 301, as amended.
(2)
"Chapter 11 corporation" means a corporation, company,
or
other business organization that has filed a petition for
reorganization under Chapter 11 of the
"Bankruptcy Reform Act,"
92
Stat. 2626, 11 U.S.C. 1101, as amended.
(3)
"Uncollectable taxes" means property taxes
payable
in a
calendar year by a
Chapter 11 corporation on its property
that a
school district is precluded from collecting by
virtue of
proceedings under the Bankruptcy Reform Act.
(4)
"Basic state aid" means the state aid calculated for a
school district under section 3317.022 Chapter 3306. of the
Revised Code.
(5)
"Effective
value" means the
amount obtained by
multiplying the
total taxable value
certified
in a calendar year
under
section
3317.021 of the Revised Code by
a
fraction, the
numerator of which
is the total taxes charged and
payable
in that
calendar year
exclusive of the uncollectable taxes
payable in
that
year, and the denominator of which is
the
total taxes
charged
and
payable
in that year.
(6)
"Total taxes charged and payable" has the same
meaning
given
"taxes charged and payable" in section 3317.02 of
the
Revised Code.
(B)(1)
Between the first day of
January and the
first day
of
February of any
year, a
school district
shall notify the
department of education if it
has
uncollectable
taxes
payable in
the preceding calendar year from one
Chapter 11 corporation.
(2) The department shall verify whether the district has
such
uncollectable taxes from such a corporation, and if the
district
does, shall immediately request
the
tax commissioner to
certify
the
district's
total taxes charged and payable in the
preceding
calendar year,
and
the
tax commissioner
shall certify
that
information to the
department
within thirty
days
after
receiving
the request. For the
purposes of this section, taxes
are payable
in the calendar year
that includes the day prescribed
by law for
their payment,
including any lawful extension thereof.
(C)
Upon receiving the
certification from the tax
commissioner, the department
shall determine whether the amount of
uncollectable taxes from the corporation equals at least one per
cent of the total taxes charged and payable as certified by the
tax commissioner. If it does, the department shall
compute the
district's
effective value and
shall recompute the basic state
aid
payable to the
district for
the
current
fiscal year using the
effective value in
lieu of the
total taxable value used to
compute
the basic state
aid for the
current fiscal year. The
difference
between the
basic
state
aid
amount
originally computed
for the
district for
the
current
fiscal year
and the recomputed
amount
shall be
paid
to
the
district from the
lottery profits
education
fund
before the
end of
the current
fiscal year.
(D) Except as provided in division (E) of this
section,
amounts received by a school district under division
(C)
of this
section shall be repaid to the department of
education in
any
future year to the extent the
district receives
payments of
uncollectable taxes in such future year. The
district shall
notify
the department of any
amount owed under this
division.
(E) If a school district received a grant from the
catastrophic expenditures account pursuant to division (C) of
section 3316.20 of the Revised Code on the basis of the same
circumstances for which a recomputation is made under this
section, the amount of the recomputation shall be reduced and
transferred in accordance with division (C) of section 3316.20 of
the Revised Code.
Sec. 3317.0211. (A) As used in this section:
(1) "Port authority" means any port authority as defined
in
section 4582.01 or 4582.21 of the Revised Code.
(2) "Real property" includes public utility real property
and
"personal property" includes public utility personal
property.
(3) "Uncollected taxes" means property taxes charged and
payable against the property of a port authority for a tax year
that a school district has not collected.
(4) "Basic state aid" means the state aid calculated for a
school district under section 3317.022 Chapter 3306. of the
Revised Code.
(5) "Effective value" means the sum of the effective
residential/agricultural real property value, the effective
nonresidential/agricultural real property value, and the
effective
personal value.
(6) "Effective residential/agricultural real property
value"
means, for a tax year, the amount obtained by multiplying
the
value for that year of residential/agricultural real property
subject to taxation in the district by a fraction, the numerator
of which is the total taxes charged and payable for that year
against the residential/agricultural real property subject to
taxation in the district, exclusive of the uncollected taxes for
that year on all real property subject to taxation in the
district, and the denominator of which is the total taxes charged
and payable for that year against the residential/agricultural
real property subject to taxation in the district.
(7) "Effective nonresidential/agricultural real property
value" means, for a tax year, the amount obtained by multiplying
the value for that year of nonresidential/agricultural real
property subject to taxation in the district by a fraction, the
numerator of which is the total taxes charged and payable for
that
year against the nonresidential/agricultural real property
subject
to taxation in the district, exclusive of the uncollected
taxes
for that year on all real property subject to taxation in
the
district, and the denominator of which is the total taxes
charged
and payable for that year against the
nonresidential/agricultural
real property subject to taxation in
the district.
(8) "Effective personal value" means, for a tax year, the
amount obtained by multiplying the value for that year certified
under division (A)(2) of section 3317.021 of the Revised Code by
a
fraction, the numerator of which is the total taxes charged and
payable for that year against personal property subject to
taxation in the district, exclusive of the uncollected taxes for
that year on that property, and the denominator of which is the
total taxes charged and payable for that year against personal
property subject to taxation in the district.
(9) "Nonresidential/agricultural real property value"
means,
for a tax year, the sum of the values certified for a
school
district for that year under division (B)(2)(a)
of this section,
and "residential/agricultural real property
value" means, for a
tax year, the sum of the values certified for
a school district
under division (B)(2)(b) of this
section.
(10) "Taxes charged and payable against real property"
means
the taxes charged and payable against that property after
making
the reduction required by section 319.301 of the Revised
Code.
(11) "Total taxes charged and payable" has the same
meaning
given "taxes charged and payable" in section 3317.02 of
the
Revised Code.
(B)(1) By the first day of August of any calendar year, a
school district shall notify the department of education if it
has
any uncollected taxes from one port authority for the second
preceding tax year whose taxes charged and payable represent at
least one-half of one per cent of the district's total taxes
charged and payable for that tax year.
(2) The department shall verify whether the district has
such
uncollected taxes by the first day of September, and if the
district does, shall immediately request the county auditor of
each county in which the school district has territory to certify
the following information concerning the district's property
values and taxes for the second preceding tax year, and each such
auditor shall certify that information to the department within
thirty days of receiving the request:
(a) The value of the property subject to taxation in the
district that was classified as nonresidential/agricultural real
property pursuant to section 5713.041 of the Revised Code, and
the
taxes charged and payable on that property; and
(b) The value of the property subject to taxation in the
district that was classified as residential/agricultural real
property under section 5713.041 of the Revised Code.
(C) By the fifteenth day of November, the department shall
compute the district's effective nonresidential/agricultural real
property value, effective residential/agricultural real property
value, effective personal value, and effective value, and shall
determine whether the school district's effective value for the
second preceding tax year is at least one per cent less than its
total value for that year certified under divisions (A)(1) and
(2)
of section 3317.021 of the Revised Code. If it is, the
department
shall recompute the basic state aid payable to the
district for
the immediately preceding fiscal year using the
effective value in
lieu of the amounts previously certified under
section 3317.021 of
the Revised Code. The difference between the
original basic state
aid amount computed for the district for the
preceding fiscal year
and the recomputed amount shall be paid to
the district from the
lottery profits education fund before the
end of the current
fiscal year.
(D)
Except as provided in division (E) of this
section,
amounts received by a school district under division
(C)
of this
section shall be repaid to the department of
education in
any
future year to the extent the
district receives payments of
uncollectable taxes in such future year. The
department shall
notify a district of any amount owed under this division.
(E) If a school district received a grant from the
catastrophic expenditures account pursuant to division (C) of
section 3316.20 of the Revised Code on the basis of the same
circumstances for which a recomputation is made under this
section, the amount of the recomputation shall be reduced and
transferred in accordance with division (C) of section 3316.20 of
the Revised Code.
Sec. 3317.0216. (A) As used in this section:
(1) "Total taxes charged and payable for current
expenses"
means the sum of the:
(a) The taxes charged and payable as
certified under
division
(A)(3)(a) of section 3317.021 of the
Revised Code less
any amounts
reported under division (A)(3)(b) of that
section,
and
the; plus
(b) The tax distribution for the preceding year under any
school
district income tax levied by the district pursuant to
Chapter
5748. of the Revised Code to the extent the
revenue from
the
income tax is allocated or apportioned to current
expenses,
excluding the amount allocated or apportioned for the project
cost, debt service, or maintenance set-aside associated with a
state-assisted classroom facilities project as authorized by
section 3318.052 of the Revised Code.
(2)
"Charge-off amount" means two and three-tenths per cent
multiplied by (the sum of recognized
valuation and property
exemption value).
(3) Until fiscal year 2003, the "actual local share of
special education,
transportation, and vocational education
funding" for any school
district means the sum of the district's
attributed local shares
described in divisions (F)(1) to (3) of
section 3317.022 of the
Revised Code. Beginning in fiscal year
2003, the "actual local share of special education,
transportation, and vocational education funding" means that sum
minus the amount of any excess cost supplement
payment calculated
for the district under division (F) of
section 3317.022 of the
Revised Code.
(B) Upon receiving the certifications under section 3317.021
of
the Revised Code, the department of education shall determine
for each city,
local, and exempted village school district whether
the
district's charge-off amount is greater than the
district's
total
taxes charged and payable for current
expenses, and if
the
charge-off amount is greater,
shall
pay the district the
amount
of the
difference. A
payment shall not
be
made to any
school
district
for which the
computation under
division
(A) of
section
3317.022
of the Revised
Code
equals zero.
(C)(1) If a district's charge-off amount is equal to or
greater
than its total
taxes charged and
payable for
current
expenses, the
department shall, in addition
to
the payment
required under
division (B) of this section, pay
the
district the
amount of
its actual local share of special
education,
transportation, and
vocational
education
funding.
(2) If a district's charge-off amount is less than
its
total
taxes charged and payable for current expenses,
the department
shall pay the district any amount
by
which
its
actual local share
of
special education,
transportation, and vocational education
funding exceeds its
total
taxes charged and payable for current
expenses minus its
charge-off amount.
(D) If a school district that received a payment under
division (B) or (C) of this section in the prior fiscal year is
ineligible for payment under those divisions in the current fiscal
year, the department shall determine if the ineligibility is the
result of a property tax or income tax levy approved by the
district's voters to take effect in tax year 2005 or thereafter.
If the department determines that is the case, and calculates that
the levy causing the ineligibility exceeded by at least one mill
the equivalent millage of the prior year's payment under divisions
(B) and (C) of this section, the department shall make a payment
to the district for the first three years that the district loses
eligibility for payment under divisions (B) and (C) of this
section, as follows:
(1) In the first year of ineligibility, the department shall
pay the district seventy-five per cent of the amount it last paid
the district under divisions (B) and (C) of this section.
(2) In the second year of ineligibility, the department shall
pay the district fifty per cent of the amount it last paid the
district under those divisions.
(3) In the third year of ineligibility, the department shall
pay the district twenty-five per cent of the amount it last paid
the district under those divisions.
(E) A district that receives payment under division (D) of
this section and subsequently qualifies for payment under division
(B) or (C) of this section is ineligible for future payments under
division (D) of this section.
(F) To enable the department of education to make the
determinations and to calculate payments under division (D) of
this section, on March 30,
2006, and on or before the first day
of March of each year
thereafter, the department shall send to
the tax commissioner a
list of school districts receiving
payments under division (B) or
(C) of this section for the
current fiscal year. On or before the
first day of the following
June, the tax commissioner shall
certify to the department of
education for those school districts
the information required by
division (A)(8) of section 3317.021 of
the Revised Code.
Sec. 3317.03. Notwithstanding divisions
(A)(1), (B)(1), and
(C) of this section, except as provided in division (A)(2)(h) of
this section, any
student enrolled in kindergarten more
than half
time shall be reported as
one-half student under this
section The
information certified and verified under this section shall be
used to
calculate payments under this chapter and Chapter 3306.
of the
Revised Code.
(A) The superintendent of each city, local, and exempted
village
school district and of each educational service center
shall,
for
the schools under the superintendent's supervision,
certify to the
state board of
education on or before the fifteenth
day of October
in each year for
the first full school week in
October the average daily membership
of students receiving
services from schools under the
superintendent's supervision, and
the numbers of other students
entitled to attend school in the
district under section 3313.64 or
3313.65 of the Revised Code the
superintendent is required to
report under this section, so that
the department of education can
calculate the district's formula
ADM. Beginning in fiscal year 2007, each
superintendent also
shall
certify to the state board, for the
schools under the
superintendent's supervision, the formula ADM
for the first full
week in February. If a school under the
superintendent's
supervision is closed for one or more days
during that week due
to
hazardous weather conditions or other
circumstances described
in
the first paragraph of division (A)(2)
of section 3306.01 and
the first paragraph of division (B) of
section 3317.01 of the
Revised Code, the superintendent may apply
to the superintendent
of public instruction for a waiver, under
which the
superintendent
of public instruction may exempt the
district
superintendent from
certifying the formula ADM average daily
membership for that
school for that week and
specify an
alternate week for certifying
the formula ADM average daily
membership of that
school.
The formula ADM shall consist of the average daily membership
during
such week shall consist of the
sum of the following:
(1) On an FTE basis, the number of
students in grades
kindergarten through twelve receiving any educational
services
from the district,
except that the following categories of
students shall not be
included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to
a
compact,
cooperative education agreement, or a contract, but who
are entitled to attend
school in another district pursuant to
section 3313.64 or 3313.65 of the
Revised Code;
(d)(c) Students for whom tuition is
payable pursuant to
sections
3317.081 and 3323.141 of the
Revised Code;
(e)(d) Students receiving services in the district through a
scholarship awarded under section 3310.41 of the Revised Code.
(2) On an FTE basis, except as provided in division (A)(2)(h)
of this section, the number of
students entitled to
attend school
in the district pursuant to
section 3313.64 or
3313.65 of the
Revised Code, but receiving educational
services in
grades
kindergarten through twelve from one or more of the
following
entities:
(a) A community school pursuant to Chapter
3314. of the
Revised Code, including any participation in a college
pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school;
(b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division
(I)(2)(a) or
(b) of this section;
(c)(b) A college pursuant to Chapter 3365. of the Revised
Code,
except
when the student is enrolled in the college while
also
enrolled in a community
school pursuant to Chapter 3314. or a
science, technology, engineering, and mathematics school
established under Chapter 3326. that is governed as provided in
section 3326.51 of the
Revised Code;
(d) An adjacent or other
school district under an open
enrollment policy adopted pursuant
to section 3313.98 of the
Revised Code;
(e)(c) An educational service
center or cooperative education
district;
(f)(d) Another school district
under a cooperative education
agreement, compact, or contract;
(g)(e) A chartered nonpublic school with a scholarship paid
under section 3310.08 of the Revised Code;
(h)(f) An alternative public provider or a registered private
provider with a scholarship awarded under section 3310.41 of the
Revised Code. Each such
scholarship student who is enrolled in
kindergarten shall be
counted as one full-time-equivalent
student.
As used in this section, "alternative public provider" and
"registered private provider" have the same meanings as in section
3310.41 of the Revised Code,.
(i)(g) A science, technology, engineering, and mathematics
school established under Chapter 3326. that is governed as
provided in section 3326.51 of the Revised Code,
including any
participation in a college pursuant to Chapter 3365.
of the
Revised Code while enrolled in the school.
(3) Twenty per cent of the The number of students enrolled in
a
joint
vocational school district or under a vocational
education
compact,
excluding any students
entitled to attend
school in the
district under section 3313.64 or
3313.65 of the
Revised Code who
are enrolled in another
school district through
an open enrollment
policy as reported under
division (A)(2)(d) of
this section and
then enroll in
a joint vocational school district
or under a
vocational education
compact;
(4) The number of children with disabilities,
other than
preschool children with disabilities,
entitled to attend school
in the
district pursuant to section
3313.64 or 3313.65 of the
Revised
Code who are placed by the
district with a
county MR/DD
board, minus the
number of
such
children placed with a county
MR/DD board in fiscal year
1998. If
this calculation produces a
negative number, the
number
reported
under division
(A)(4) of
this section shall be
zero.
(5) Beginning in fiscal year 2007, in the case of the report
submitted for the first full week in February, or the alternative
week if specified by the superintendent of public instruction, the
number of students reported under division (A)(1) or (2) of this
section for the first full week of the preceding October but who
since that week have received high school diplomas.
(B) To enable the
department of education to obtain the data
needed to complete
the calculation of payments pursuant to this
chapter and Chapter 3306. of the Revised Code, in
addition to the
formula ADM average daily membership, each
superintendent shall
report separately the
following student
counts for the same week
for which formula ADM average daily membership
is certified:
(1) The total average daily membership in regular learning
day
classes
included in the report under division (A)(1) or (2)
of
this
section for each of the individual grades kindergarten,
and each of grades one through
twelve in
schools under the
superintendent's supervision;
(2) The number of all
preschool
children
with
disabilities
enrolled as of the first day of
December in classes
in the
district that are eligible for approval
under division (B)
of
section 3317.05 of the Revised
Code
and the number of those
classes, which shall be reported not
later than the
fifteenth day
of December, in accordance with rules
adopted under
that section;
(3) The number of children entitled to attend school in
the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are:
(a) Participating in a
pilot project scholarship program
established under sections
3313.974 to 3313.979 of the Revised
Code as described in division
(I)(2)(a) or (b) of this section;
(b) Enrolled in a college under Chapter
3365. of the Revised
Code,
except when the
student is enrolled in the college while
also
enrolled in a community school
pursuant to Chapter 3314. or a
science, technology, engineering, and mathematics school
established under Chapter 3326. that is governed as provided in
section 3326.51 of
the
Revised Code;
(c) Enrolled in an adjacent or
other school district
under
section 3313.98 of the Revised Code;
(d) Enrolled in a
community school
established under Chapter
3314.
of the Revised
Code that is not an internet- or
computer-based community school as defined in section 3314.02 of
the Revised Code, including any participation in a college
pursuant to Chapter
3365. of the Revised Code while enrolled in
such community
school;
(e) Enrolled in an internet- or computer-based community
school, as defined in section 3314.02 of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school;
(f) Enrolled in a chartered nonpublic school with a
scholarship paid under section 3310.08 of the Revised Code;
(g) Enrolled in kindergarten through grade twelve in an
alternative public provider or a registered private provider with
a scholarship awarded under section 3310.41 of the Revised Code;
(h) Enrolled as a preschool child with a
disability in an
alternative public provider or a registered
private provider with
a scholarship awarded under section 3310.41
of the Revised Code;
(i) Participating in a
program operated by a county MR/DD
board
or a state
institution;
(j) Enrolled in a science, technology, engineering, and
mathematics school established under Chapter 3326. that is
governed as provided in section 3326.51 of the Revised
Code,
including any participation in a college pursuant to Chapter
3365. of the Revised Code while enrolled in the school.
(4) The number of pupils enrolled in joint vocational
schools;
(5) The average daily membership of
children
with
disabilities reported under division (A)(1) or (2)
of this
section receiving
special education
services
for the
category one
disability described
in division (A)(C)(1)
of
section 3317.013
3306.02 of the
Revised Code;
(6) The average daily membership of
children
with
disabilities reported under
division (A)(1) or (2)
of this
section receiving
special
education services
for category
two
disabilities described
in division
(B)(C)(2)
of section
3317.013
3306.02 of the
Revised Code;
(7) The average daily membership of
children
with
disabilities reported under
division (A)(1) or (2)
of this
section
receiving
special education services for
category
three
disabilities described
in division
(C)(3)
of
section
3317.013
3306.02 of the
Revised Code;
(8)
The average daily
membership of
children
with
disabilities reported under division (A)(1)
or (2)
of this
section receiving
special education services for
category
four
disabilities described
in division (D)(C)(4) of section
3317.013
3306.02 of the
Revised Code;
(9) The average daily membership of
children
with
disabilities reported under division (A)(1) or (2)
of this
section receiving
special education services for the
category
five
disabilities described
in division (E)(C)(5) of
section
3317.013
3306.02 of the Revised Code;
(10) The combined average daily membership of
children
with
disabilities reported under division (A)(1) or (2)
and under
division (B)(3)(h) of this section receiving
special
education
services for category six disabilities
described in
division
(F)(C)(6)
of section 3317.013 3306.02 of the Revised Code,
including children
attending a special education program operated
by an alternative
public provider or a registered private
provider
with a
scholarship awarded under section 3310.41 of the
Revised Code;
(11) The average daily membership of pupils reported under
division
(A)(1) or (2) of this section enrolled in category one
vocational education programs or classes, described in division
(A) of section 3317.014 of the Revised Code, operated by the
school
district or by another district, other than a joint
vocational school
district, or by an educational service center,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school, notwithstanding division (C) of section 3317.02 of the
Revised Code and division (C)(3) of this section;
(12) The average daily membership of pupils reported
under
division
(A)(1) or (2) of this section enrolled in category
two
vocational
education programs or services, described in
division
(B) of section
3317.014 of the Revised Code, operated by
the
school district or another school district,
other than a joint
vocational school district, or by an educational service
center,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school, notwithstanding division (C) of section 3317.02 of the
Revised Code and division (C)(3) of this section;
Beginning with fiscal year 2010, vocational education ADM
shall not be used to calculate a district's funding but shall be
reported under divisions (B)(11) and (12) of this section for
statistical purposes.
(13) The average number of
children transported by the
school
district on board-owned or contractor-owned and -operated
buses,
reported in accordance with rules adopted by
the department
of
education;
(14)(a) The number of children, other than
preschool children
with disabilities, the district placed with a
county MR/DD board
in fiscal
year 1998;
(b) The number of children with disabilities,
other than
preschool children with disabilities,
placed with a county
MR/DD
board
in the current
fiscal year to
receive
special
education
services
for the category one
disability described in
division
(A)(C)(1) of
section
3317.013
3306.02 of the
Revised
Code;
(c) The number of children with disabilities,
other than
preschool children with disabilities,
placed with a county
MR/DD
board
in the current
fiscal year to
receive
special
education
services
for category two
disabilities described in
division
(B)(C)(2)
of
section
3317.013
3306.02 of the
Revised
Code;
(d) The number of children with disabilities,
other than
preschool children with disabilities,
placed with a county
MR/DD
board
in the current
fiscal year to
receive
special
education
services
for category three
disabilities described in
division
(C)(3) of section
3317.013 3306.02 of the
Revised
Code;
(e) The number of children with disabilities,
other than
preschool children with disabilities,
placed with a county MR/DD
board
in the current fiscal year to
receive special education
services
for category four
disabilities described in division
(D)(C)(4)
of section
3317.013 3306.02 of the
Revised Code;
(f) The number of children with disabilities,
other than
preschool children with disabilities,
placed with a county MR/DD
board
in the current fiscal year to
receive special education
services
for the category five
disabilities described in division
(E)(C)(5) of
section
3317.013 3306.02 of the
Revised Code;
(g) The number of children with disabilities,
other than
preschool children with disabilities,
placed with a county MR/DD
board
in the current fiscal year to
receive special education
services
for category six
disabilities described in division
(F)(C)(6)
of section
3317.013 3306.02 of the
Revised Code.
(15) For the students reported under division (A)(1) of this
section, the identity of the school district in which the student
is entitled to attend school under section 3313.64 or 3313.65 of
the Revised Code, by name of district or by a district
identifying code or both, as required by the department for
purposes of this division.
(C)(1) Except as otherwise provided in this section for
kindergarten students, the The average daily membership in
divisions
(B)(1) to
(12) of this section shall be based
upon the
number
of
full-time equivalent students. The state board of
education
shall
adopt rules defining full-time equivalent students
and for
determining the average daily membership therefrom
for the
purposes of divisions (A), (B), and
(D) of this section. Each
student enrolled in kindergarten shall be counted as one full-time
equivalent student regardless of whether the student is enrolled
in a part-day or all-day kindergarten class.
(2) A student enrolled in a community school established
under Chapter 3314. or a science, technology, engineering, and
mathematics school established under Chapter 3326. that is
governed
as provided in section 3326.51 of the Revised
Code
shall be
counted in the
formula ADM and, if applicable, the
category one,
two, three,
four, five, or six
special education
ADM
of the
school district in
which the student
is entitled to
attend
school
under section
3313.64 or 3313.65 of
the Revised
Code for
the same
proportion of
the school year that
the student
is counted
in the
enrollment of
the community school
or the
science,
technology,
engineering, and mathematics school for
purposes of
section
3314.08 or 3326.33 of the
Revised Code.
Notwithstanding
the
number of students reported
pursuant to
division (B)(3)(d),
(e),
or (j) of this section, the
department
may adjust the
formula
ADM of a school district to
account for
students entitled
to
attend school in the district
under
section 3313.64 or 3313.65
of the Revised Code who are
enrolled
in a community school or
such a
science, technology,
engineering, and mathematics school
for only
a portion of the
school
year.
(3) No child
shall be
counted as more than a total of one
child in the
sum of
the average daily memberships of a
school
district under division
(A), divisions
(B)(1) to
(12), or division
(D) of this
section,
except as follows:
(a) A child with a disability described in division (C) of
section
3317.013
3306.02 of
the Revised Code may be
counted both
in formula
ADM
and in
category one, two,
three,
four, five, or
six
special
education
ADM and, if applicable, in
category one or
two
vocational
education
ADM. As provided in
division (C) of
section
3317.02 of
the Revised Code,
such a child
shall be counted
in
category one,
two,
three, four, five, or
six special education
ADM
in the same
proportion that the child is
counted in formula
ADM.
(b) A child enrolled in vocational education programs or
classes described
in section
3317.014 of the Revised Code
may be
counted both in formula ADM and
category one or two
vocational
education ADM and, if applicable, in
category one, two,
three,
four, five, or six
special education ADM. Such a child
shall be
counted in category
one or two vocational education ADM
in
the
same proportion as the
percentage of time that the child
spends in
the
vocational
education programs or classes.
(4) Based on the information reported
under this section,
the
department of education shall determine the total
student
count,
as defined in section 3301.011 of the Revised Code, for
each
school district.
(D)(1) The superintendent of each joint vocational school
district
shall certify to
the superintendent of public instruction
on or before the fifteenth
day of October in each year for the
first full school week in
October the formula ADM, for purposes of
section 3318.42 of the Revised Code and for any other purpose
prescribed by law for which "formula ADM" of the joint vocational
district is a factor. Beginning in
fiscal year 2007, each
superintendent also shall certify to the
state superintendent the
formula ADM for the first full week in
February. If a school
operated by the joint vocational school
district is closed for
one or more days during that week due to
hazardous weather
conditions or other circumstances described in
the first
paragraph of division (A)(2) of section 3306.01 or the first
paragraph of division (B) of section 3317.01 of the
Revised Code,
the superintendent may apply to the superintendent
of public
instruction for a waiver, under which the superintendent
of
public instruction may exempt the district superintendent from
certifying the formula ADM for that school for that week and
specify an alternate week for certifying the formula ADM of that
school.
The formula ADM, except
as otherwise provided in this
division, shall
consist of
the
average daily
membership during
such week, on an
FTE basis, of the
number of
students receiving
any educational
services from the
district,
including students
enrolled in a
community school established under Chapter 3314. or
a science, technology, engineering, and mathematics school
established under Chapter 3326. of
the Revised
Code who are
attending the joint vocational district
under an
agreement
between the district board of education and the
governing
authority of the community school or the governing body of the
science, technology,
engineering, and mathematics school and are
entitled to
attend
school in a city, local, or exempted village
school
district whose
territory is part of the territory of the
joint
vocational
district. Beginning in fiscal year 2007, in the
case of
the
report submitted for the first week in February, or
the
alternative week if specified by the superintendent of public
instruction, the superintendent of the joint vocational school
district may include the number of students reported under
division (D)(1) of this section for the first full week of the
preceding October but who since that week have received high
school diplomas.
The following categories
of students shall not be
included
in
the determination
made under division (D)(1) of this section:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district joint vocational students
enrolled
in the district under an open enrollment policy pursuant
to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant
to
a
compact, cooperative education agreement, or a contract, but who
are
entitled to attend school in a city, local, or
exempted
village school district whose territory is not part of
the
territory of the joint vocational district;
(d)(c) Students for whom tuition is payable pursuant to
sections
3317.081 and 3323.141 of the Revised Code.
(2) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter,
in In addition to the formula ADM, each superintendent
shall
report
separately the average daily membership included in
the
report under division
(D)(1) of this section for each of the
following categories of
students for the same week for which
formula ADM is certified:
(a) Students enrolled in each individual grade included in
the joint
vocational district schools;
(b) Children with disabilities receiving
special
education
services
for the category one
disability described in
division
(A)(C)(1)
of section 3317.013
3306.02 of the
Revised Code;
(c) Children with disabilities receiving
special
education
services
for the category two
disabilities described in
division
(B)(C)(2)
of section 3317.013
3306.02 of the
Revised Code;
(d)
Children with disabilities receiving
special education
services for category three
disabilities described in division
(C)(3)
of section
3317.013 3306.02 of the
Revised Code;
(e)
Children with disabilities receiving
special education
services
for category four
disabilities described in division
(D)(C)(4)
of section
3317.013 3306.02 of the
Revised Code;
(f) Children with disabilities receiving
special education
services for the category five
disabilities described in division
(E)(C)(5)
of
section 3317.013 3306.02 of the
Revised Code;
(g) Children with disabilities receiving
special education
services for category six disabilities
described in division
(F)(C)(6)
of
section 3317.013 3306.02 of the Revised Code;
(h)
Students receiving category one vocational education
services, described in division (A) of section 3317.014 of the
Revised Code;
(i) Students receiving category two vocational education
services, described in division (B) of section 3317.014 of the
Revised Code.
The superintendent of each joint vocational school district
shall also indicate the city, local, or
exempted village school
district in which each
joint vocational district pupil is entitled
to attend school
pursuant to section 3313.64 or 3313.65 of the
Revised Code.
(E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school membership, which record
shall accurately show, for each day the school is in session, the
actual membership enrolled in regular day classes. For the
purpose
of determining average daily membership, the membership
figure of
any school shall not include any pupils except those
pupils
described by division (A) of this section. The
record of
membership for each school shall be maintained in such
manner that
no pupil shall be counted as in membership prior to
the actual
date of entry in the school and also in such
manner that where for
any cause a pupil permanently withdraws
from the school that pupil
shall not be counted as in
membership from and
after the date of
such withdrawal. There shall not be included
in the membership of
any school any of the following:
(1) Any pupil who has graduated from
the twelfth grade of a
public or nonpublic high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools
of the
district
during the previous school year when tests assessments were
administered under
section 3301.0711 of the Revised Code but did
not take one or more
of the tests assessments required by that
section and
was
not excused pursuant
to division (C)(1) or (3) of
that section;
(4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course
of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge.
If, however, any veteran described by
division (E)(4) of
this
section elects to
enroll in special courses organized for
veterans
for whom tuition is paid under the provisions of federal
laws, or
otherwise, that veteran shall not be included in
average
daily
membership.
Notwithstanding division (E)(3) of this section, the
membership of any school may include a pupil who did not take a
test an assessment required by section 3301.0711 of the Revised
Code if the
superintendent of public instruction grants a waiver
from the
requirement to take the test assessment to the specific
pupil and a parent is
not paying tuition for the pupil pursuant
to section 3313.6410 of
the Revised Code. The
superintendent may
grant such a waiver only
for good cause in
accordance with rules
adopted by the state board
of education.
Except as provided in
divisions (B)(2)
and (F) of
this
section,
the
average daily membership figure of any local,
city,
exempted
village, or joint vocational school district shall
be
determined
by dividing
the figure representing the sum of the
number of
pupils enrolled during each
day the school of attendance
is
actually open for
instruction during the week
for which the
formula ADM average daily membership is being certified by the
total number
of days the
school was actually
open
for instruction
during that
week. For
purposes of state
funding,
"enrolled"
persons are only
those
pupils who are
attending school,
those who
have attended
school
during the
current school year and
are
absent for
authorized
reasons, and
those children
with
disabilities
currently
receiving
home instruction.
The average daily membership figure of any cooperative
education school
district shall be determined in accordance with
rules adopted by the state
board of education.
(F)(1) If the formula ADM for the first full school
week in
February is at
least three per cent greater than that
certified
for the first
full school week in the preceding October,
the
superintendent of
schools of any city, exempted village, or joint
vocational school district
or educational service
center shall
certify such increase to the
superintendent of public
instruction.
Such certification shall be submitted no later than
the fifteenth
day of February. For the balance of the
fiscal
year, beginning
with the February payments, the
superintendent of
public
instruction shall use the increased
formula
ADM in calculating or
recalculating the amounts to be
allocated in
accordance with
section 3317.022 or 3317.16 of
the
Revised
Code. In no event
shall
the superintendent use an
increased
membership certified
to
the
superintendent after the
fifteenth day of February.
Division
(F)(1) of this section does
not apply after fiscal year
2006.
(2) If on the first school day of April the total number
of
classes or units for
preschool children with
disabilities that
are
eligible for approval under division (B) of
section 3317.05
of the
Revised Code exceeds the number of units
that have been
approved
for the year under that division, the
superintendent of
schools of
any city, exempted village,
or
cooperative education
school
district or educational
service
center shall make the
certifications required by this
section for
that day. If the
department determines additional units can be
approved for the
fiscal year within any limitations set forth in
the acts
appropriating moneys for the funding of such units,
the
department shall approve additional units for the fiscal year on
the
basis of such average daily membership. For each unit so
approved, the department shall pay an amount
computed
in the
manner prescribed in section
3317.052 or 3317.19
and
section
3317.053 of the Revised Code.
(3) If a student attending a community school under Chapter
3314. or a science, technology, engineering, and mathematics
school established under Chapter 3326. that is governed as
provided in section 3326.51 of the Revised Code is not
included
in the formula ADM
certified for the school
district in
which the
student is entitled
to attend school under
section
3313.64 or
3313.65 of the Revised
Code, the department of
education shall
adjust the formula ADM of
that school district to
include the
student in
accordance with division
(C)(2) of this
section, and
shall
recalculate the school
district's payments
under this
chapter and Chapter 3306. of the Revised Code for
the entire
fiscal year
on the basis of
that adjusted formula ADM.
This
requirement
applies regardless of
whether the student was
enrolled, as
defined
in division (E) of
this section, in the
community school
or the science,
technology, engineering, and
mathematics school
during
the week
for which the formula ADM is
being certified.
(4) If a student awarded an educational choice scholarship is
not included in the formula ADM of the school district from which
the department deducts funds for the scholarship under section
3310.08 of the Revised Code, the department shall adjust the
formula ADM of that school district to include the student to the
extent necessary to account for the deduction, and shall
recalculate the school district's payments under this chapter and
Chapter 3306. of the Revised Code for
the entire fiscal year on
the basis of that adjusted formula ADM.
This requirement applies
regardless of whether the student was
enrolled, as defined in
division (E) of this section, in the
chartered nonpublic school,
the school district, or a community
school during the week for
which the formula ADM is being
certified.
(G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such
superintendent's
supervision,
certify to the state board of education, in the
manner prescribed by the superintendent of public instruction,
both of the following:
(i) The average daily membership of all
children
with
disabilities other than preschool
children with
disabilities
receiving services at the institution
for each
category of
disability described in divisions
(A) to (F)(C)(1) to (6)
of
section 3317.013
3306.02 of the Revised Code;
(ii) The average
daily
membership of all
preschool children
with disabilities in classes or
programs
approved annually by the
department of education for unit funding
under section 3317.05 of
the Revised Code.
(b) The superintendent of an
institution with vocational
education units approved under
division (A) of section 3317.05 of
the Revised
Code shall, for the units under
the superintendent's
supervision, certify to the state board of
education the average
daily membership in those units, in the
manner prescribed by the
superintendent of public
instruction.
(2) The superintendent of each county MR/DD board that
maintains special education classes
under section 3317.20 of the
Revised Code or units approved
pursuant to section
3317.05 of the
Revised Code shall
do both of
the following:
(a) Certify to the state board, in the
manner prescribed by
the board, the average daily
membership in classes
under section
3317.20 of
the Revised Code for each
school district that has
placed children
in the classes;
(b) Certify to the state board, in the manner prescribed by
the
board, the number of all preschool children
with
disabilities
enrolled as of
the first day of December in classes
eligible for
approval
under division (B) of
section 3317.05 of the
Revised
Code, and the number of those
classes.
(3)(a)
If on the first school day of
April the number of
classes or units maintained for preschool
children
with
disabilities by
the county MR/DD board
that are eligible for
approval under
division (B) of section 3317.05 of the
Revised Code
is greater
than the number of units approved for the year under
that
division,
the superintendent shall make the
certification
required
by this section for that day.
(b) If the department determines that additional classes
or
units can be
approved for the fiscal year within any
limitations
set forth in
the acts appropriating moneys for the
funding of the
classes and units described in division (G)(3)(a)
of this
section,
the department shall approve and
fund
additional units for the
fiscal year on the basis of such average
daily membership. For
each
unit so approved, the department shall pay an
amount
computed
in the manner prescribed in
sections
3317.052 and
3317.053 of the
Revised
Code.
(H) Except as provided in division (I)
of this section, when
any city, local, or exempted village school
district provides
instruction for a nonresident pupil whose
attendance is
unauthorized attendance as defined in section
3327.06 of the
Revised Code, that pupil's membership shall not be
included in
that district's membership figure used in the
calculation of that
district's formula
ADM or included in the determination of any
unit approved for
the district under section 3317.05 of the
Revised Code. The
reporting official shall report separately the
average daily
membership of all pupils whose attendance in the
district is
unauthorized attendance, and the membership of each
such pupil
shall be credited to the school district in which the
pupil is
entitled to attend school under division (B) of section
3313.64
or section 3313.65 of the Revised Code as determined by
the
department of education.
(I)(1) A city, local, exempted village, or joint vocational
school
district admitting
a scholarship student
of a pilot project
district pursuant to division (C) of section 3313.976
of the
Revised Code may count such student in its average daily
membership.
(2) In any year for which funds are appropriated for pilot
project
scholarship programs, a school district implementing a
state-sponsored pilot
project scholarship program that year
pursuant to
sections 3313.974
to
3313.979 of the Revised
Code
may
count in average daily membership:
(a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as
defined in
section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend any such
alternative
school.
(J) The superintendent of each cooperative education school
district shall certify to the superintendent of public
instruction, in a
manner prescribed by the state board of
education, the applicable average
daily memberships for all
students in the cooperative education district, also
indicating
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised
Code.
(K) If the superintendent of public instruction determines
that a component of the formula ADM average daily membership
certified or reported by a
district superintendent, or other
reporting entity, is not
correct, the superintendent of public
instruction may order that
the formula ADM used for the purposes
of payments under any
section of Title XXXIII of the Revised Code
be adjusted in the
amount of the error.
Sec. 3317.031. A membership record shall be kept by grade
level in each city, local, exempted village, joint vocational,
and
cooperative education school district and such a record shall
be
kept by grade level in each educational
service center that
provides academic instruction to pupils, classes for
pupils with
disabilities, or any other direct instructional
services to
pupils.
Such membership record shall show the
following
information for
each pupil enrolled: Name, date of
birth, name of
parent, date
entered school, date withdrawn from
school, days
present, days
absent, and the number of days school
was open for
instruction
while the pupil was enrolled. At the end
of the
school year this
membership record shall show the total
days
present, the total
days absent, and the total days due for
all
pupils in each grade.
Such membership record shall show the
pupils that are transported
to and from school and it shall also
show the pupils that are
transported living within one mile of the
school attended. This
membership record shall also show any other
information
prescribed by the state board of education.
This membership record shall be kept intact for at least
five
years and shall be made available to the state board of
education
or its representative in making an audit of the average
daily
membership or the transportation of the district or educational
service center. The
membership records of local school districts
shall be filed at
the close of each school year in the office of
the
educational service center superintendent.
The state board of education may withhold any money due any
school district or educational service center under sections
3317.022
to 3317.0211, 3317.11,
3317.16, 3317.17, or 3317.19 this
chapter and Chapter 3306. of
the Revised Code until it has
satisfactory evidence that the board
of education or educational
service
center governing board has
fully
complied with all of the
provisions of this section.
Nothing in this section shall require any person to
release,
or to permit access to, public school records in
violation of
section 3319.321 of the Revised Code.
Sec. 3317.04. The amount paid to school districts in each
fiscal year under Chapter Chapters 3306. and 3317. of the Revised
Code shall not be
less than the following:
(A) In the case of a district created under section
3311.26
or 3311.37 of the Revised Code, the amount paid shall not
be less,
in any of the three succeeding fiscal years following
the
creation, than the sum of the amounts allocated under Chapter
Chapters 3306. and
3317. of the Revised Code to the districts
separately in the year
of the creation.
(B) In the case of a school district which is transferred
to
another school district or districts, pursuant to section
3311.22,
3311.231, or 3311.38 of the Revised Code, the amount
paid to the
district accepting the transferred territory shall
not be less, in
any of the three succeeding fiscal years
following the transfer,
than the sum of the amounts allocated
under Chapter Chapters 3306.
and 3317. of the
Revised Code to the districts
separately in the
year of the
consummation of the transfer.
Notwithstanding sections 3311.22, 3311.231, 3311.26,
3311.37,
and 3311.38 of the Revised Code, the minimum guarantees
prescribed
by divisions (A) and (B) of this section shall not
affect the
amount of aid received by a school district for more
than three
consecutive years.
Sec. 3317.05. (A) For the purpose of calculating
payments
under sections
3317.052 and
3317.053 of the
Revised Code, the
department of
education shall determine for
each institution, by
the last day of
January of each year and
based on information
certified under
section 3317.03 of the
Revised Code, the number of
vocational
education units or
fractions of units
approved by the
department
on the basis of
standards
and rules adopted by the
state board of
education. As used in this
division,
"institution"
means an
institution operated by a
department specified in
section
3323.091
of the Revised Code and
that provides
vocational
education
programs under the supervision
of the
division of
vocational
education of the department
that meet the standards
and rules for
these programs,
including
licensure of professional
staff involved
in the
programs, as
established by the state
board.
(B) For the purpose of calculating payments
under sections
3317.052, 3317.053, 3317.11,
and 3317.19 of
the
Revised Code, the
department shall
determine, based
on
information certified under
section 3317.03 of the Revised
Code,
the following by the last day
of January of each
year for each
educational
service center, for
each school district, including
each
cooperative education school
district, for each institution
eligible for payment under section
3323.091 of
the Revised Code,
and for each county MR/DD board:
the
number of
classes operated
by the school district, service
center,
institution, or
county
MR/DD board for
preschool
children with
disabilities, or fraction
thereof, including in the
case of
a
district
or service center
that is a funding agent,
classes
taught by a
licensed teacher
employed by that district or
service
center under
section
3313.841
of the Revised Code,
approved
annually by the
department on the
basis of standards and
rules
adopted by
the
state board.
(C) For the purpose of calculating payments under sections
3317.052, 3317.053, 3317.11,
and 3317.19 of
the
Revised
Code, the
department shall determine, based on
information certified
under
section 3317.03 of the Revised
Code,
the following by the last
day
of January of each year for
each
school district, including each
cooperative education
school
district, for each institution
eligible for payment under
section
3323.091 of the Revised Code,
and for each county
MR/DD board:
the
number of
units for
related
services, as defined in section
3323.01 of the Revised Code, for
preschool children with
disabilities approved annually
by the
department on the basis
of
standards and
rules adopted by
the
state board.
(D) All of the arithmetical calculations made under this
section shall be carried to the second decimal place. The total
number of units for school districts, service
centers, and
institutions
approved annually under this
section shall not exceed
the number of units included in the estimate of
cost for these
units and
appropriations made
for them by the
general assembly.
In the
case of units for preschool
children with
disabilities
described in division (B) of
this
section,
the
department shall approve only
preschool units
for
children
who
are under age six on the thirtieth day of September
of the
academic year, or on the first day of August of the
academic year
if the school district in which the child is
enrolled has adopted
a resolution under division (A)(3) of section
3321.01 of the
Revised Code, but not less
than age three on
the
first
day of
December of the academic
year, except that
such a
unit may
include one or more children who
are under age
three or
are age
six or over on the applicable date, as reported under
division
(B)(2) or (G)(2)(b) of section 3317.03 of the Revised
Code, if
such children
have been admitted to the unit pursuant
to
rules of
the state
board. The number of units for
county MR/DD
boards
and
institutions eligible
for payment under
section
3323.091 of
the
Revised Code approved
under this section
shall not
exceed the
number that
can be funded
with appropriations
made for
such
purposes by the general
assembly.
No unit shall be approved under divisions (B)
and (C) of this
section unless a plan has been submitted and
approved under
Chapter 3323. of the Revised Code.
(E) The department shall approve
units or fractions thereof
for gifted children on the basis of standards and
rules adopted by
the state board.
Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and
3317.11
of the Revised Code, a unit funded pursuant to division
(L) of section 3317.024 or division (A)(2)
of section
3317.052 of
the Revised Code shall not be approved for
state
funding in one
school
district, including any cooperative
education school
district or any educational service
center, to
the extent that
such unit provides programs in or services to
another district
which receives payment pursuant to section
3317.04 of the
Revised
Code.
(2) Any city, local, exempted village, or
cooperative
education school district or any
educational service center may
combine partial unit eligibility for
programs for preschool
children with disabilities pursuant to
section 3317.05 of the
Revised Code, and
such
combined partial
units may be approved for
state funding in one
school
district or
service center.
(B) After units have been initially approved for any
fiscal
year under
section 3317.05 of the Revised Code, no unit shall be
subsequently
transferred
from a school district or educational
service center to another city,
exempted village, local, or
cooperative education school district or
educational
service
center or to an institution or
county MR/DD board solely for the
purpose of reducing the financial
obligations of the school
district in a fiscal year it receives payment
pursuant to section
3317.04 of the Revised Code.
Sec. 3317.053. (A) As used in this section:
(1)
"State share percentage" has the same meaning as in
section 3317.022
of the Revised Code.
(2)
"Dollar amount" means the amount shown in the following
table for the corresponding type of unit:
|
TYPE OF UNIT |
|
DOLLAR AMOUNT |
|
Division (B) of section 3317.05
|
|
|
|
of the Revised Code |
|
$8,334 |
|
Division (C) of that section |
|
$3,234 |
|
Division (E) of that section |
|
$5,550 |
(3)(2)
"Average unit amount" means the amount shown in the
following table for the corresponding type of unit:
|
TYPE OF UNIT |
|
AVERAGE UNIT AMOUNT |
|
Division (B) of section 3317.05 |
|
|
|
of the Revised Code |
|
$7,799 |
|
Division (C) of that section |
|
$2,966 |
|
Division (E) of that section |
|
$5,251 |
(B) In the case of each unit described in division (B), or
(C),
or (E) of section
3317.05 of the Revised Code and allocated
to a
city, local, or exempted village school district, the
department
of education, in addition to the
amounts specified in
division (L)
of
section 3317.024 and sections
3317.052 and 3317.19
of
the
Revised Code, shall
pay a supplemental unit allowance equal
to
the
sum of the following amounts:
(1) An amount equal to 50% of the average unit amount for
the
unit;
(2) An amount equal to the percentage of the dollar amount
for the unit that
equals the district's state share percentage.
If, prior to the fifteenth day of May of a fiscal year, a
school district's
aid computed under section 3317.022 of the
Revised Code is recomputed
pursuant to section 3317.027 or
3317.028 of the Revised
Code, the department shall also recompute
the district's entitlement to
payment under this section utilizing
a new state share percentage.
Such new state share percentage
shall be determined using the
district's recomputed basic aid
amount pursuant to section
3317.027 or 3317.028 of the Revised
Code. During the last six months of the
fiscal year, the
department shall pay the district a sum equal to one-half of
the
recomputed payment in lieu of one-half the payment otherwise
calculated
under this section.
(C)(1) In the case of each unit allocated to an institution
pursuant to
division (A) of section
3317.05 of the Revised Code,
the
department, in addition to the amount specified in
section
3317.052 of the Revised Code, shall
pay a supplemental
unit
allowance of $7,227.
(2) In the case of each unit described in division (B) of
section 3317.05 of the Revised
Code that is allocated to
any
entity other than a city, exempted village, or
local school
district, the department, in addition to
the amount specified in
section
3317.052 of the Revised Code, shall pay a
supplemental
unit allowance of $7,799.
(3) In the case of each unit described in division (C)
of
section 3317.05 of the Revised
Code and allocated to any
entity
other than a city, exempted village, or local
school
district, the
department, in addition to the
amounts specified in
section
3317.052 of the Revised Code, shall pay a
supplemental
unit
allowance of $2,966.
(4) In the case of each unit described in division (E)
of
section 3317.05 of the Revised Code and allocated
to an
educational service center,
the department, in addition to the
amounts specified
in division (L) of section 3317.024
of the
Revised Code, shall pay a supplemental unit
allowance of
$5,251.
Sec. 3317.061. The superintendent of each school district,
including each cooperative education and joint
vocational school
district and the superintendent of each educational
service
center, shall, on forms prescribed and
furnished by the state
board of education, certify to the state
board of education, on or
before the fifteenth day of October of
each year, the name of each
licensed employee
employed, on an annual salary, in each school
under such superintendent's
supervision during the
first full
school week of said month of October, the number of
years of
recognized college training such licensed employee has completed,
the
college degrees from a recognized college
earned by such
licensed employee, the type of teaching
license held by such
licensed employee, the number of
months such licensed employee is
employed in the school
district, the annual salary of such
licensed employee, and
such other information as the state board
of education may
request. For the purposes of Chapter Chapters
3306. and 3317. of the Revised Code,
a licensed employee is any
employee in a position that requires a
license issued pursuant to
sections
3319.22 to 3319.31 of the Revised Code.
Pursuant to standards adopted by the state board of
education, experience of vocational teachers in trade and
industry
shall be recognized by such board for the purpose of
complying
with the requirements of recognized college training
provided by
Chapter Chapters 3306. and 3317. of the Revised Code.
Sec. 3317.08. A board of education may admit to its
schools
a child it is not required by section 3313.64 or 3313.65
of the
Revised Code to admit, if tuition is paid for the child.
Unless otherwise provided by law, tuition shall be computed
in accordance with this section. A district's tuition charge for
a
school year shall be one of the following:
(A) For any child, except a preschool child with
a
disability
described in division (B) of this section, the
quotient obtained
by dividing the sum of the amounts described in
divisions (A)(1)
and (2) of this section by the district's formula
ADM.
(1) The district's total taxes charged and payable for
current expenses for the tax year preceding the tax year in which
the school year begins as certified under division (A)(3) of
section 3317.021 of the Revised Code.
(2) The district's total taxes collected for current
expenses
under a school district income tax adopted pursuant to
section
5748.03 or 5748.08 of the Revised Code that are
disbursed to the
district during the fiscal year, excluding any income tax receipts
allocated for the project cost, debt service, or maintenance
set-aside associated with a state-assisted classroom facilities
project as authorized by section 3318.052 of the Revised Code. On
or before the first day of
June of each year, the tax commissioner
shall certify the amount
to be used in the calculation under this
division for the next
fiscal year to the department of education
and the office of
budget and management for each city, local,
and
exempted village
school district that levies a school
district
income tax.
(B) For any preschool child with a disability not
included
in a
unit approved under division (B) of section 3317.05
of the
Revised Code, an amount computed for the school year as
follows:
(1) For each type of special education service provided to
the child for whom tuition is being calculated, determine the
amount of the district's operating expenses in providing that
type
of service to all preschool children with disabilities
not
included in units approved under division (B) of section
3317.05
of the Revised Code;
(2) For each type of special education service for which
operating expenses are determined under division (B)(1) of this
section, determine the amount of such operating expenses that was
paid from any state funds received under this chapter;
(3) For each type of special education service for which
operating expenses are determined under division (B)(1) of this
section, divide the difference between the amount determined
under
division (B)(1) of this section and the amount determined
under
division (B)(2) of this section by the total number of
preschool
children with disabilities not included in units
approved
under
division (B) of section 3317.05 of the Revised Code
who received
that type of service;
(4) Determine the sum of the quotients obtained under
division (B)(3) of this section for all types of special
education
services provided to the child for whom tuition is
being
calculated.
The state board of education shall adopt rules defining the
types of special education services and specifying the operating
expenses to be used in the computation under this section.
If any child for whom a tuition charge is computed under
this
section for any school year is enrolled in a district for
only
part of that school year, the amount of the district's
tuition
charge for the child for the school year shall be
computed in
proportion to the number of school days the child is
enrolled in
the district during the school year.
Except as otherwise provided in division (J) of section
3313.64 of the Revised Code, whenever a district admits a child
to
its schools for whom tuition computed in accordance with this
section is an obligation of another school district, the amount
of
the tuition shall be certified by the treasurer of the board
of
education of the district of attendance, to the board of
education
of the district required to pay tuition for its
approval and
payment. If agreement as to the amount payable or
the district
required to pay the tuition cannot be reached, or
the board of
education of the district required to pay the
tuition refuses to
pay that amount, the board of education of the
district of
attendance shall notify the superintendent of public
instruction.
The superintendent shall determine the correct
amount and the
district required to pay the tuition and shall
deduct that amount,
if any, under division (G) of section
3317.023 of the Revised
Code, from the district required to pay
the tuition and add that
amount to the amount allocated to the
district attended under such
division. The superintendent of
public instruction shall send to
the district required to pay the
tuition an itemized statement
showing such deductions at the time
of such deduction.
When a political subdivision owns and operates an airport,
welfare, or correctional institution or other project or facility
outside its corporate limits, the territory within which the
facility is located is exempt from taxation by the school
district
within which such territory is located, and there are
school age
children residing within such territory, the political
subdivision
owning such tax exempt territory shall pay tuition to
the district
in which such children attend school. The tuition
for these
children shall be computed as provided for in this
section.
Sec. 3317.081. (A) Tuition shall be computed in accordance
with this section
if:
(1) The tuition is required by division (C)(3)(b) of section
3313.64 of the
Revised Code; or
(2) Neither the child nor the child's parent resides in
this
state and tuition is
required by section 3327.06 of the Revised
Code.
(B) Tuition computed in accordance with this section shall
equal the
attendance district's tuition rate computed under
section 3317.08 of the
Revised Code plus the amount that district
would have received for the child pursuant to Chapter 3306. and
sections 3317.022, 3317.023, and 3317.025 to
3317.0211 of the
Revised Code during the school year had the attendance
district
been authorized to
count the child in its formula ADM for that
school year under
section 3317.03 of the Revised Code.
Sec. 3317.082. As used in this section, "institution"
means
a residential facility that receives and cares for children
maintained by the department of youth services and that operates
a
school chartered by the state board of education under section
3301.16 of the Revised Code.
(A) On or before the thirty-first day of each January and
July, the superintendent of each institution that during the
six-month period immediately preceding each January or July
provided an elementary or secondary education for any child,
other
than a child receiving special education under section
3323.091 of
the Revised Code, shall prepare and submit to the
department of
education, a statement for each such child
indicating the child's
name, any school district responsible to
pay tuition for the child
as determined by the superintendent in
accordance with division
(C)(2) or (3) of section 3313.64 of the
Revised Code, and the
period of time during that six-month period
that the child
received an elementary or secondary education. If
any school
district is responsible to pay tuition for any such
child, the
department of education, no later than the immediately
succeeding
last day of February or August, as applicable, shall
calculate the
amount of the tuition of the district under section
3317.08 of the
Revised Code for the period of time indicated on
the statement and
do one of the following:
(1) If the tuition amount is equal to or less than the
amount
of state basic aid funds payable to the district under
sections
3317.022 and Chapter 3306. and section 3317.023 of the Revised
Code, pay to the
institution submitting the statement an amount
equal to the
tuition amount, as provided under division (M) of
section
3317.024 of the Revised Code, and deduct the tuition
amount from
the state basic aid funds payable to the district, as
provided
under division (F)(2) of section 3317.023 of the Revised
Code;
(2) If the tuition amount is greater than the amount of
state
basic aid funds payable to the district under sections
3317.022
and Chapter 3306. and section 3317.023 of the Revised Code,
require the district
to pay to the institution submitting the
statement an amount
equal to the tuition amount.
(B) In the case of any disagreement about the school
district
responsible to pay tuition for a child pursuant to this
section,
the superintendent of public instruction shall make the
determination in any such case in accordance with division (C)(2)
or (3) of section 3313.64 of the Revised Code.
Sec. 3317.12. Any board of education participating in
funds
distributed under Chapter Chapters 3306. and 3317. of the Revised
Code shall
annually adopt a salary schedule for nonteaching school
employees
based upon training, experience, and qualifications with
initial
salaries no less than the salaries in effect on October
13, 1967.
Each board of education shall prepare and may amend from
time to
time, specifications descriptive of duties,
responsibilities,
requirements, and desirable qualifications of
the classifications
of employees required to perform the duties
specified in the
salary schedule. All nonteaching school employees
are to be
notified of the position classification to which they
are
assigned and the salary for the classification. The
compensation
of all employees working for a particular school
board shall be
uniform for like positions except as compensation
would be
affected by salary increments based upon length of
service.
On the fifteenth day of October each year the salary
schedule
and the list of job classifications and salaries in
effect on that
date shall be filed by each board of education
with the
superintendent of public instruction. If such salary
schedule and
classification plan is not filed the superintendent
of public
instruction shall order the board to file such
schedules
forthwith. If this condition is not corrected within
ten days
after receipt of the order from the superintendent of
public
instruction, no money shall be distributed to the district
under
Chapter Chapters 3306. and 3317. of the Revised Code until the
superintendent
has satisfactory evidence of the board of
education's full
compliance with such order.
Sec. 3317.16. (A) As used in this section:
(1) "State share percentage" means the percentage calculated
for a
joint vocational school district as follows:
(a) Calculate the state base cost funding amount for the
district
under
division (B) of this section. If the district
would
not receive
any base cost funding for that year under that
division, the district's state
share percentage is zero.
(b) If the district would receive base cost funding under
that
division,
divide that base cost amount by an amount equal to
the following:
the formula amount X
formula ADM
The resultant number is the district's state share
percentage.
(2) The "total special education weight" for a joint
vocational
school district shall be calculated in the same manner
as prescribed in
division (B)(1) of section 3317.022 of the
Revised
Code.
(3)(2) The "total vocational education weight" for a joint
vocational school district shall be calculated in the same manner
as
prescribed in division (B)(4) of section 3317.022 of the
Revised Code.
(4)(3) The "total
recognized valuation"
of a joint vocational
school district shall be determined by
adding the
recognized
valuations of
all its constituent school districts that were
subject to the joint vocational school district's tax levies for
both the current and preceding tax
years.
(5)(4) "Resident district" means the city, local, or exempted
village school district in which a student is entitled to attend
school under section 3313.64 or 3313.65 of the Revised Code.
(6)(5) "Community school" means a community school
established
under Chapter 3314. of the Revised Code.
(B) The department of education shall compute and distribute
state base cost funding to each joint vocational school district
for the
fiscal year in accordance with
the following formula:
If the difference obtained under this division is a negative
number, the district's computation shall be zero.
(C)(1) The department shall compute and distribute state
vocational education additional weighted costs funds to each joint
vocational
school district in accordance with the following
formula:
In each fiscal year, a joint vocational school district
receiving funds under division (C)(1) of this section shall spend
those funds only for the purposes the department designates as
approved for vocational education expenses.
Vocational educational
expenses approved by the department shall include only expenses
connected to the delivery of career-technical programming to
career-technical students. The department shall require the joint
vocational school district to report data annually so that the
department may monitor the district's compliance with the
requirements regarding the manner in which funding received under
division (C)(1) of this section may be spent.
(2) The department shall compute for each joint
vocational
school district state funds for vocational education
associated
services costs in accordance with the following
formula:
In any fiscal year, a joint vocational school district
receiving
funds under division (C)(2) of this section, or through
a
transfer of funds pursuant to division (L)
of section 3317.023
of the Revised Code, shall spend those
funds only for the purposes
that the department designates as
approved for vocational
education associated services expenses,
which may include such
purposes as apprenticeship coordinators,
coordinators for other
vocational education services, vocational
evaluation, and other
purposes designated by the department. The
department may deny
payment under division (C)(2) of this section to
any district that
the department determines is not operating those services or
is
using funds paid under division (C)(2) of this section,
or through
a transfer of funds pursuant to division (L)
of section 3317.023
of the Revised Code, for other purposes.
(D)(1) The department shall compute and distribute state
special
education and related services additional weighted costs
funds to each joint
vocational school district in accordance with
the
following formula:
(2)(a) As used in this division, the "personnel allowance"
means
thirty
thousand
dollars in fiscal
years 2008 and 2009.
(b) For the provision of speech language pathology services
to students,
including students
who do not have individualized
education
programs prepared for
them under Chapter 3323. of the
Revised
Code, and for
no
other purpose, the department shall pay
each
joint vocational
school district
an amount calculated
under
the
following formula:
(3) In any fiscal year, a joint vocational school district
shall spend for purposes that the department designates as
approved for special education and related services expenses at
least the amount calculated as follows:
The purposes approved by the department for special education
expenses shall include, but shall not be limited to, compliance
with state rules governing the education of children
with
disabilities, providing services identified in a student's
individualized education program as defined in section 3323.01 of
the Revised Code, provision of speech language pathology services,
and the portion of the district's overall administrative and
overhead costs that are attributable to the district's special
education student population.
The department shall require joint vocational school
districts to report data annually to allow for monitoring
compliance with division (D)(3) of this section. The department
shall annually report to the governor and the general assembly the
amount of money spent by each joint vocational school district for
special education and related services.
(4) In any fiscal year, a joint vocational school district
shall spend for the provision of speech language pathology
services not less than the sum of the amount calculated under
division (D)(1) of this section for the students in the district's
category one special education ADM and the amount calculated under
division (D)(2) of this section.
(E)(1) If a joint vocational school
district's costs for a
fiscal year for a student in its
categories
two through six
special education
ADM
exceed the
threshold catastrophic cost for
serving the
student, as specified
in division (C)(3)(b) of section
3317.022 of
the Revised Code, the district may
submit to the
superintendent of
public
instruction
documentation,
as
prescribed
by the
superintendent, of
all of its costs for that
student. Upon
submission of
documentation for a student of the
type and in the
manner
prescribed, the department shall pay to the
district an
amount
equal to the
sum of the following:
(a) One-half of the district's costs for the student in
excess of the threshold catastrophic cost;
(b) The product of one-half of the district's costs for the
student
in excess of
the threshold
catastrophic cost multiplied
by
the
district's state
share
percentage.
(2) The district shall only report
under division (E)(1) of
this section, and the department shall only
pay
for, the
costs of
educational expenses and the related
services provided
to
the
student in accordance with the student's
individualized
education
program. Any legal fees, court costs, or
other costs
associated
with any cause of action relating to the
student may
not be
included in the amount.
(F) Each fiscal year, the department shall pay each joint
vocational school district an amount for adult technical and
vocational
education and
specialized consultants.
(G)(1) A joint vocational school district's local share of
special
education and related services additional weighted costs
equals:
(2) For each student with a disability receiving
special
education and related services under an individualized
education
program, as defined in section 3323.01 of the Revised
Code, at a
joint vocational district, the resident district or, if
the
student is enrolled in a community school, the community
school
shall be responsible for the amount of any costs of
providing
those special education and related services to that
student that
exceed the sum of the amount calculated for those
services
attributable to that student under divisions (B), (D),
(E), and
(G)(1) of this section.
Those excess costs shall be calculated by subtracting the sum
of the following from the actual cost to provide special education
and related services to the student:
(b) The product of the formula amount times the applicable
multiple specified in section 3317.013 3306.11 of the Revised
Code;
(c) Any funds paid under division (E) of this section for the
student;
(d) Any other funds received by the joint vocational school
district under this chapter to provide special education and
related services to the student, not including the amount
calculated under division (G)(2) of this section.
(3) The board of education of the joint vocational school
district may report the excess costs calculated under division
(G)(2) of this section to the department of education.
(4) If the board of education of the joint vocational school
district reports excess costs under division (G)(3) of this
section, the department shall pay the amount of excess cost
calculated under division (G)(2) of this section to the joint
vocational school district and shall deduct that amount as
provided in division (G)(4)(a) or (b) of this section, as
applicable:
(a) If the student is not enrolled in a community school, the
department shall deduct the amount from the account of the
student's resident district pursuant to division (M) of section
3317.023 of the Revised Code.
(b) If the student is enrolled in a community school, the
department shall deduct the amount from the account of the
community school pursuant to section 3314.083 of the Revised
Code.
Sec. 3317.18. (A) As used in this section, the terms
"Chapter 133. securities," "credit enhancement facilities," "debt
charges," "general obligation," "legislation," "public
obligations," and "securities" have the same meanings as in
section 133.01 of the Revised Code.
(B) The board of education of any school district
authorizing
the issuance of securities under section
133.10, 133.301, or
3313.372 of the
Revised Code or general obligation Chapter 133.
securities may
adopt legislation requesting the state department
of education to
approve, and enter into an agreement with the
school district and
the primary paying agent or fiscal agent for
such securities
providing for, the withholding and deposit of
funds, otherwise
due the district under Chapter Chapters 3306. and
3317. of the Revised Code, for the
payment of debt service charges
on such securities.
The board of education shall deliver to the state
department
a copy of such resolution and any additional pertinent
information
the state department may require.
The department of education and the office of budget and
management shall evaluate each request received from a school
district under this section and the department, with the advice
and consent of the director of budget and management, shall
approve or deny each request based on all of the following:
(1) Whether approval of the request will enhance the
marketability of the securities for which the request is made;
(2) Any other pertinent factors or limitations established
in
rules made under division (I) of this section, including:
(a) Current and projected obligations of funds due to the
requesting school district under Chapter Chapters 3306. and 3317.
of the Revised
Code including obligations of those funds to public
obligations
or relevant credit enhancement facilities under this
section,
Chapter 133. and section 3313.483 of the Revised Code,
and under
any other similar provisions of law;
(b) Whether the department of education or the office of
budget and management has any reason to believe the requesting
school district will be unable to pay when due the debt charges
on
the securities for which the request is made.
The department may require a school district to establish
schedules for the payment of all debt charges that take into
account the amount and timing of anticipated distributions of
funds to the district under Chapter 3317. of the Revised Code.
(C) If the department approves the request of a school
district to withhold and deposit funds pursuant to this section,
the department shall enter into a written agreement with the
district and the primary paying agent or fiscal agent for the
securities which shall provide for the withholding of funds
pursuant to this section for the payment of debt charges on those
securities, and may include both of the following:
(1) Provisions for certification by the district to the
department, at a time prior to any date for the payment of
applicable debt charges, whether the district is able to pay
those
debt charges when due;
(2) Requirements that the district deposit amounts for the
payment of debt charges on the securities with the primary paying
agent or fiscal agent for the securities prior to the date on
which those debt charge payments are due to the owners or holders
of the securities.
(D) Whenever a district notifies the department of
education
that it will be unable to pay debt charges when they
are due,
subject to the withholding provisions of this section,
or whenever
the applicable paying agent or fiscal agent notifies
the
department that it has not timely received from a school
district
the full amount needed for the payment when due of those
debt
charges to the holders or owners of such securities, the
department shall immediately contact the school district and the
paying agent or fiscal agent to confirm or determine whether the
district is unable to make the required payment by the date on
which it is due.
Upon demand of the treasurer of state while holding a school
district
obligation purchased under division (G)(1) of section
135.143 of the Revised Code,
the state department of education,
without a request of the school district,
shall withhold and
deposit funds pursuant to this section for payment of debt
service
charges on that obligation.
If the department confirms or determines that the district
will be unable to make such payment and payment will not be made
pursuant to a credit enhancement facility, the department shall
promptly pay to the applicable primary paying agent or fiscal
agent the lesser of the amount due for debt charges or the amount
due the district for the remainder of the fiscal year under
Chapter 3317. of the Revised Code. If this amount is
insufficient
to pay the total amount then due the agent for the
payment of debt
charges, the department shall pay to the agent
each fiscal year
thereafter, and until the full amount due the
agent for unpaid
debt charges is paid in full, the lesser of the
remaining amount
due the agent for debt charges or the amount due
the district for
the fiscal year under Chapter 3317. of the
Revised Code.
(E) The state department may make any payments under this
division by direct deposit of funds by electronic transfer.
Any amount received by a paying agent or fiscal agent under
this section shall be applied only to the payment of debt charges
on the securities of the school district subject to this section
or to the reimbursement to the provider of a credit enhancement
facility that has paid such debt charges.
(F) To the extent a school district whose securities are
subject to this section is unable to pay applicable debt charges
because of the failure to collect property taxes levied for the
payment of those debt charges, the district may transfer to or
deposit into any fund that would have received payments under
Chapter 3306. or 3317. of the Revised Code that were
withheld
under this
section any such delinquent property taxes
when later
collected,
provided that transfer or deposit shall be
limited to
the amounts
withheld from that fund under this section.
(G) The department may make payments under this section to
paying agents or fiscal agents only from and to the extent that
money is appropriated by the general assembly for Chapter 3317.
of
the Revised Code or for the purposes of this section. No
securities of a school district to which this section is made
applicable constitute an obligation or a debt or a pledge of the
faith, credit, or taxing power of the state, and the holders or
owners of such securities have no right to have taxes levied or
appropriations made by the general assembly for the payment of
debt charges on those securities, and those securities, if the
department requires, shall contain a statement to that effect.
The
agreement for or the actual withholding and payment of moneys
under this section does not constitute the assumption by the
state
of any debt of a school district.
(H) In the case of securities subject to the withholding
provisions of this section, the issuing board of education shall
appoint a paying agent or fiscal agent who is not an officer or
employee of the school district.
(I) The department of education, with the advice of the
office of budget and management, may adopt reasonable rules not
inconsistent with this section for the implementation of this
section and division (B) of section 133.25 of the Revised Code as
it relates to the withholding and depositing of payments under
Chapter Chapters 3306. and 3317. of the Revised Code to secure
payment of debt
charges on school district securities. Those rules
shall include
criteria for the evaluation and approval or denial
of school
district requests for withholding under this section and
limits
on the obligation for the purpose of paying debt charges or
reimbursing credit enhancement facilities of funds otherwise to
be
paid to school districts under Chapter 3317. of the Revised
Code.
(J) The authority granted by this section is in addition
to
and not a limitation on any other authorizations granted by or
pursuant to law for the same or similar purposes.
Sec. 3317.20. This section does not apply to
preschool
children with disabilities.
(A) As used in this section:
(1)
"Applicable weight" means the multiple specified in
section
3317.013 3306.11
of the Revised
Code
for a disability
described in
that
section.
(2)
"Child's school district" means the school district
in
which a child is entitled to attend school pursuant to
section
3313.64 or 3313.65 of the
Revised Code.
(3)
"State share percentage" means the state share
percentage
of the child's school district as defined in section
3317.022 of
the Revised Code.
(B)
Except as provided
in division
(C) of this
section,
the
department shall annually pay each county
MR/DD board for each
child with a disability,
other than a
preschool child with a
disability, for whom the
county
MR/DD board
provides
special
education and related
services
an amount equal to the formula
amount + (state share
percentage X formula amount X the
applicable weight).
(C) If any school
district places with a county
MR/DD
board
more
children with disabilities than it had placed
with a county
MR/DD
board in fiscal year
1998, the department
shall not make a
payment
under division
(B) of
this section for
the number of
children
exceeding the number placed in fiscal
year
1998. The
department
instead shall deduct from the district's
payments
under
this
chapter and Chapter 3306. of the Revised Code, and pay
to the county
MR/DD board, an
amount
calculated
in accordance
with the formula prescribed in
division
(B) of this
section for
each
child over the number of
children
placed in
fiscal year
1998.
(D) The department shall
calculate for each county MR/DD
board receiving payments under divisions
(B) and
(C) of this
section the
following amounts:
(1) The amount received by the county
MR/DD board for
approved
special education and related services units, other than
units for preschool children with
disabilities, in fiscal year
1998, divided by the
total number of
children served in the units
that year;
(2) The product of the quotient calculated under division
(D)(1) of this section times
the number of children for whom
payments are made under
divisions
(B) and
(C) of this
section.
If the amount calculated under division
(D)(2) of this
section is
greater than the total amount calculated under
divisions
(B) and
(C) of this section, the
department shall
pay
the county
MR/DD board one hundred per
cent of the difference
in
addition to the payments under divisions
(B) and
(C) of
this
section.
(E) Each county MR/DD board shall report to the department,
in the manner specified by the department, the name of each child
for whom the county MR/DD board provides special education and
related services and the child's school district.
(F)(1) For the purpose of verifying the accuracy of the
payments under this section, the department may request from
either of the following entities the data verification code
assigned under division (D)(2) of section 3301.0714 of the Revised
Code to any child who is placed with a county MR/DD board:
(a) The child's school district;
(b) The independent contractor engaged to create and maintain
data verification codes.
(2) Upon a request by the department under division (F)(1) of
this section for the data verification code of a child, the
child's school district shall submit that code to the department
in the manner specified by the department. If the child has not
been assigned a code, the district shall assign a code to that
child and submit the code to the department by a date specified by
the department. If the district does not assign a code to the
child by the specified date, the department shall assign a code to
the child.
The department annually shall submit to each school district
the name and data verification code of each child residing in the
district for whom the department has assigned a code under this
division.
(3) The department shall not release any data verification
code that it receives under division (F) of this section to any
person except as provided by law.
(G) Any document relative to special education and related
services provided by a county MR/DD board that the department
holds in its files that contains both a student's name or other
personally identifiable information and the student's data
verification code shall not be a public record under section
149.43 of the Revised Code.
Sec. 3317.201. This section does not apply to
preschool
children with disabilities.
(A) As used in this section, the "total special education
weight" for an institution means the sum of the following amounts:
(1) The number of children reported by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a disability described in division
(A)(C)(1) of
section 3317.013 3306.02 of the Revised Code
multiplied by the
multiple
specified in that division;
(2) The number of children reported by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a disability described in division
(B)(C)(2) of
section 3317.013 3306.02 of the Revised Code
multiplied by the
multiple
specified in that division;
(3) The number of children reported by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a disability described in division
(C)(3)
of
section 3317.013 3306.02 of the Revised Code multiplied by the
multiple
specified in that division;
(4) The number of children reported by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a disability described in division
(D)(C)(4) of
section 3317.013 3306.02 of the Revised Code
multiplied by the
multiple
specified in that division;
(5) The number of children reported by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a disability described in division
(E)(C)(5) of
section 3317.013 3306.02 of the Revised Code
multiplied by the
multiple
specified in that division;
(6) The number of children reported by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a disability described in division
(F)(C)(6) of
section 3317.013 3306.02 of the Revised Code
multiplied by the
multiple
specified in that division.
(B) For each fiscal year, the department of education
shall
pay each state institution required to provide
special education
services under division (A) of section 3323.091
of the Revised
Code an amount equal to the greater of:
(1) The formula amount times the institution's total special
education weight;
(2) The aggregate amount of special education and related
services unit funding the institution received for all
children
with disabilities other than preschool
children with disabilities
in fiscal year 2005 under sections
3317.052 and 3317.053 of the
Revised Code, as those sections
existed prior to June 30, 2005.
Sec. 3318.011. For purposes of providing assistance under
sections 3318.01 to 3318.20 of the Revised Code, the department
of
education shall annually do all of the following:
(A) Calculate the adjusted valuation per pupil of each
city,
local, and exempted village school district according to
the
following formula:
For purposes of this calculation:
(1)(a) Except for a district with an open enrollment
net
gain
that is ten per cent or more of its formula ADM as provided
in division (A)(1)(b) of this section,
"valuation per
pupil" for
a district means its average
taxable
value, divided by
its
formula ADM for the previous fiscal
year. "Valuation per
pupil,"
(b) For calculations in which the formula ADM reported for
fiscal year 2009 or earlier is a factor, for a district with an
open enrollment net gain that is
ten per cent or more of its
formula ADM, "valuation per pupil" means its average taxable
value, divided by the sum of its formula ADM for the previous
fiscal year plus its open enrollment net gain for the previous
fiscal year.
Consideration of net open enrollment gain is not added to the
calculation of valuation per pupil for calculations in which the
formula ADM is reported for a fiscal year after fiscal year 2009,
to account for the fact that beginning with the report of formula
ADM in October 2009 open enrollment students are counted in the
formula ADM of the school districts in which they are enrolled.
(2) "Average taxable value" means the average of the amounts
certified for a district in the second, third, and fourth
preceding
fiscal years under divisions (A)(1) and (2) of section
3317.021 of
the Revised Code.
(3) "Entitled to attend school" means entitled to
attend
school in a city, local, or exempted village school
district
under section 3313.64 or 3313.65 of the Revised Code.
(4) "Formula ADM" and "income factor" have the same
meanings
as in section 3317.02 of
the Revised Code.
(5) "Native student" has the same meaning as in section
3313.98 of the Revised Code.
(6) "Open enrollment net gain" for a district means (a) the
number of the students entitled to attend school in another
district but who are enrolled in the schools of the district under
its open enrollment policy minus (b) the number of the district's
native students who are enrolled in the schools of another
district under the other district's open enrollment policy, both
numbers as certified to the department under section 3313.981 of
the Revised Code. If the difference is a negative number, the
district's "open enrollment net gain" is zero.
(7) "Open enrollment policy" means an interdistrict open
enrollment policy adopted under section 3313.98 of the Revised
Code.
(B) Calculate for each district the three-year average of the
adjusted valuations per pupil calculated for the
district for the
current and two preceding
fiscal years;
(C) Rank all such districts in order of adjusted valuation
per pupil from the district with the lowest three-year average
adjusted
valuation
per pupil to the district with the highest
three-year average adjusted
valuation per pupil;
(D) Divide such
ranking into percentiles with the first
percentile containing the one per cent
of school districts having
the lowest three-year average adjusted
valuations per pupil and
the
one-hundredth percentile containing the one per cent of school
districts
having the highest three-year average adjusted
valuations per pupil;
(E) Determine the school districts that have
three-year
average adjusted
valuations per pupil that are greater
than the
median three-year average adjusted valuation per
pupil for all
school districts in the state;
(F) On or before the first day of September, certify the
information described in divisions (A)
to (E) of this section to
the Ohio school facilities
commission.
Sec. 3318.051. (A) Any city, exempted village, or local
school district that commences a project under sections 3318.01 to
3318.20, 3318.36, 3318.37, or 3318.38 of the Revised Code on or
after the effective date of this section September 5, 2006, need
not levy the tax otherwise required under division (B) of section
3318.05 of the Revised Code, if the district board of education
adopts a resolution petitioning the Ohio school facilities
commission to approve the transfer of money in accordance with
this section and the commission approves that transfer. If so
approved, the commission and the district board shall enter into
an agreement under which the board, in each of twenty-three
consecutive years beginning in the year in which the board and the
commission enter into the project agreement under section 3318.08
of the Revised Code, shall transfer into the maintenance fund
required by division (D) of section 3318.05 of the Revised Code
not less than an amount equal to one-half mill for each dollar of
the district's valuation unless and until the agreement to make
those transfers is rescinded by the district board pursuant to
division (F) of this section.
(B) On the first day of July each year, or on an alternative
date prescribed by the commission, the district treasurer shall
certify to the commission and the auditor of state that the amount
required for the year has been transferred. The auditor of state
shall include verification of the transfer as part of any audit of
the district under section 117.11 of the Revised Code. If the
auditor of state finds that less than the required amount has been
deposited into a district's maintenance fund, the auditor of state
shall notify the district board of education in writing of that
fact and require the board to deposit into the fund, within ninety
days after the date of the notice, the amount by which the fund is
deficient for the year. If the district board fails to demonstrate
to the auditor of state's satisfaction that the board has made the
deposit required in the notice, the auditor of state shall notify
the department of education. At that time, the department shall
withhold an amount equal to ten per cent of the district's funds
calculated for the current fiscal year under Chapter Chapters
3306. and 3317. of the Revised Code until the auditor of state
notifies the department that the auditor of state is satisfied
that the board has made the required transfer.
(C) Money transferred to the maintenance fund shall be used
for the maintenance of the facilities acquired under the
district's project.
(D) The transfers to the maintenance fund under this section
does not affect a district's obligation to establish and maintain
a capital and maintenance fund under section 3315.18 of the
Revised Code.
(E) Any decision by the commission to approve or not approve
the transfer of money under this section is final and not subject
to appeal. The commission shall not be responsible for errors or
miscalculations made in deciding whether to approve a petition to
make transfers under this section.
(F) If the district board determines that it no longer can
continue making the transfers agreed to under this section, the
board may rescind the agreement only so long as the electors of
the district have approved, in accordance with section 3318.063 of
the Revised Code, the levy of a tax for the maintenance of the
classroom facilities acquired under the district's project and
that levy continues to be collected as approved by the electors.
That levy shall be for a number of years that is equal to the
difference between twenty-three years and the number of years that
the district made transfers under this section and shall be at the
rate of not less than one-half mill for each dollar of the
district's valuation. The district board shall continue to make
the transfers agreed to under this section until that levy has
been approved by the electors.
Sec. 3318.061. This section applies only to school districts
eligible to receive additional assistance under division (B)(2) of
section 3318.04 of the Revised Code and to big eight
districts
segmenting projects under section 3318.38 of the Revised Code.
The board of education of a school district in which a tax
described by division (B) of section 3318.05 and levied under
section 3318.06 of the Revised Code is in effect, may adopt a
resolution by vote of a majority of its members to extend the term
of that tax
beyond the expiration of that tax as originally
approved under that section. The school district board may
include
in the resolution a proposal to extend the term of that
tax at the
rate of not less than one-half mill for each dollar of
valuation
for a period of twenty-three years from the year in
which the
school district board and the Ohio school facilities
commission
enter into an agreement under division (B)(2) of
section 3318.04
of the Revised Code or in the following year, as
specified in the
resolution or, as applicable in the case of a
district
segmenting
a project under section 3318.38 of the Revised
Code, from the year
in which the
last segment is undertaken. Such
a resolution may be
adopted at any time
before such an agreement
is entered into and
before the
tax levied pursuant to section
3318.06 of the Revised
Code
expires. If the resolution is
combined with a resolution to
issue bonds to
pay the school
district's portion of the basic
project
cost, it shall conform
with the requirements of divisions
(A)(1), (2),
and
(3)
of
section
3318.06 of the Revised Code,
except that the
resolution
also shall
state that the tax levy
proposed in the
resolution is
an extension
of an existing tax
levied under that
section. A
resolution
proposing an extension
adopted under this
section does
not take
effect until it is
approved by a majority of
electors
voting in
favor of the
resolution at a general, primary,
or
special election
as provided
in this section.
A tax levy extended under this section is subject to the same
terms and limitations to which the original tax levied under
section
3318.06 of the Revised Code is subject under that section,
except
the term of the extension shall be as specified in this
section.
The school district board shall certify a copy of the
resolution
adopted under this section to the proper county board
of elections not
later than seventy-five days before the date set
in the resolution as
the date of the election at which the
question will be submitted
to electors. The notice of the
election
shall conform with the
requirements of division
(A)(3)
of
section
3318.06 of the Revised Code, except that the
notice
also
shall
state that the maintenance tax levy is an
extension of
an
existing
tax
levy.
The form of the ballot shall be as follows:
"Shall the existing tax levied to pay the cost of maintaining
classroom facilities constructed with the proceeds of
the
previously
issued bonds at the rate of .......... (here insert the
number of mills, which
shall not be less than one-half mill) mills
per dollar of tax valuation,
be extended
until ........ (here
insert the year that is twenty-three years
after the year in which
the district and commission will enter
into an agreement under
division (B)(2) of section 3318.04 of the
Revised Code or the
following year)?
|
|
FOR EXTENDING THE EXISTING TAX LEVY |
|
|
|
AGAINST EXTENDING THE EXISTING TAX LEVY |
" |
Section 3318.07 of the Revised Code applies to ballot
questions under this section.
Sec. 3318.08.
Except in the case of a joint vocational
school district that receives assistance under sections 3318.40 to
3318.45 of the Revised Code, if the requisite favorable vote on
the
election is obtained, or if the school district board has
resolved
to apply
the proceeds of a property tax levy or the
proceeds of an
income tax, or a combination of proceeds from such
taxes, as
authorized in
section 3318.052 of the Revised Code, the
Ohio
school facilities commission, upon
certification to it of
either
the results of the election or
the resolution under section
3318.052 of the Revised Code, shall enter
into a written agreement
with the school district board for the
construction and sale of
the project. In the case of a joint vocational school
district
that receives assistance under sections 3318.40 to
3318.45 of the
Revised Code, if the school district board of
education and the
school district electors have satisfied the
conditions prescribed
in division (D)(1) of section 3318.41 of the
Revised Code, the
commission shall enter into an agreement with
the school district
board for the construction and sale of the
project. In either
case, the agreement shall
include, but need not
be
limited to, the
following provisions:
(A) The sale and issuance of bonds or notes in
anticipation
thereof, as soon as practicable after the execution
of the
agreement, in an amount equal to the
school district's portion of
the basic
project cost, including any securities
authorized under
division (J) of
section 133.06 of the Revised
Code and dedicated
by the school
district board to payment of the
district's portion
of the basic
project cost of the project; provided, that if at
that time the
county treasurer
of each
county in which the school
district is
located has not
commenced
the collection of taxes on
the general
duplicate of real
and
public utility property for the
year in
which the
controlling
board approved the project, the
school
district board
shall
authorize the issuance of a first
installment
of bond
anticipation
notes in an amount specified by
the
agreement, which
amount shall
not exceed an amount necessary
to
raise the net
bonded
indebtedness of the school district as of
the
date of
the
controlling board's approval to within
five
thousand
dollars of
the
required level of indebtedness for the
preceding
year. In the
event that a first installment of bond
anticipation
notes is
issued, the school district board shall, as
soon as
practicable
after the county treasurer of each county in
which the
school
district is located has commenced the collection
of taxes
on the
general duplicate of real and public utility
property for
the
year
in which the controlling board approved the
project,
authorize the
issuance of a second and
final installment
of bond
anticipation
notes or a first and final
issue of bonds.
The combined value of the first and second
installment of
bond anticipation notes or the value of the first
and final issue
of bonds shall be equal to the
school district's portion of the
basic project cost. The proceeds of any such bonds shall be used
first
to
retire any bond anticipation notes. Otherwise, the
proceeds of
such bonds and of any bond anticipation notes, except
the premium
and accrued interest thereon, shall be deposited in
the school
district's project construction fund. In determining
the amount
of net bonded indebtedness for the purpose of fixing
the amount of an
issue of either bonds or bond anticipation notes,
gross
indebtedness shall be reduced by moneys in the bond
retirement
fund only to the extent of the moneys therein on the
first day of
the year preceding the year in which the controlling
board approved the
project. Should there be
a decrease in the tax
valuation of
the school district so that the amount of
indebtedness
that can
be incurred on the tax duplicates for the
year in which the
controlling board approved the project is
less
than the amount of the first installment of bond
anticipation
notes, there shall be paid from the school
district's project
construction fund to the school
district's
bond retirement fund to
be applied against such notes an amount
sufficient to cause the
net bonded indebtedness of the school district,
as of the first
day of the year following the year in which the
controlling board
approved the project,
to be within five thousand dollars of the
required level of
indebtedness for the year in which the
controlling board approved the project. The
maximum
amount of
indebtedness to be incurred by any school
district board as its
share of the cost of the project is either
an amount that will
cause its net bonded
indebtedness, as of the first
day of the year
following the year in which the controlling board
approved the
project, to be
within five thousand dollars of the required level
of
indebtedness,
or
an amount equal to the required percentage of
the basic project costs,
whichever is greater. All bonds and bond
anticipation notes
shall be issued in accordance with Chapter 133.
of the Revised
Code, and notes may be renewed as provided in
section 133.22 of
the Revised Code.
(B) The transfer of such funds of the school district
board
available for the project, together with the proceeds of
the
sale
of the bonds or notes, except premium, accrued interest,
and
interest included in the amount of the issue, to the school
district's project construction fund;
(C)
For all school districts except joint vocational school
districts that receive assistance under sections 3318.40 to
3318.45 of the Revised Code, the following provisions as
applicable:
(1) If section 3318.052 of the Revised Code applies, the
earmarking of the
proceeds of a tax levied under section 5705.21
of the Revised Code for general permanent improvements
or
under
section 5705.218 of the Revised Code for the purpose of
permanent
improvements, or
the proceeds of a school district
income tax
levied under Chapter
5748. of the Revised Code, or the
proceeds
from a
combination of
those two taxes, in an amount to
pay all or
part of the service
charges on bonds issued to pay the
school
district portion of the
project and
an amount equivalent to all or
part of the tax
required under division
(B) of
section 3318.05 of
the Revised
Code;
(2) If section 3318.052 of the Revised Code does not
apply,
one of
the following:
(a) The levy of the tax authorized at the election for
the
payment of maintenance costs, as specified in
division (B) of
section 3318.05 of the Revised
Code;
(b) If the school district electors have approved a
continuing
tax
for general
permanent improvements under
section
5705.21
of the Revised Code and that tax can be
used for
maintenance, the
earmarking of an amount
of the proceeds from such
tax for
maintenance of classroom facilities as
specified in
division (B)
of
section 3318.05 of the Revised Code;
(c) If, in lieu of the tax otherwise required under division
(B) of section 3318.05 of the Revised Code, the commission has
approved the transfer of money to the maintenance fund in
accordance with section 3318.051 of the Revised Code, a
requirement that the district board comply with the provisions
prescribed under that section. The district board may rescind the
provision
prescribed under division (C)(2)(c) of this section
only so long
as the electors of the district have approved, in
accordance with
section 3318.063 of the Revised Code, the levy of
a tax for the
maintenance of the classroom facilities acquired
under the
district's project and that levy continues to be
collected as
approved by the electors.
(D) For joint vocational school districts that receive
assistance under sections 3318.40 to 3318.45 of the Revised Code,
provision for deposit of school district moneys dedicated to
maintenance of the classroom facilities acquired under those
sections as prescribed in section 3318.43 of the Revised Code;
(E) Dedication of any local donated contribution as
provided
for under section 3318.084 of the Revised Code, including
a
schedule for depositing such moneys applied as an offset of the
district's obligation to levy the tax described in division (B) of
section 3318.05 of the Revised Code as required under division
(D)(2) of section 3318.084 of the Revised Code;
(F) Ownership of or interest in the project during the
period
of
construction, which shall be divided between the
commission and
the
school district board in proportion to their
respective
contributions to the school district's project
construction
fund;
(G) Maintenance of the state's interest in the
project
until
any
obligations issued for the project under section 3318.26
of
the
Revised Code are no longer outstanding;
(H) The insurance of the project by the school district
from
the time there is an insurable interest therein and so long
as the
state retains
any ownership or interest in the project
pursuant to
division
(F) of
this
section, in such amounts
and
against such
risks as the commission shall
require;
provided, that
the cost of
any required insurance until the
project is completed
shall be a
part of the basic project cost;
(I) The certification by the director of budget and
management that funds are available and have been set aside to
meet the state's share of the basic project cost as approved
by
the controlling board pursuant to
either section 3318.04
or
division (B)(1) of section 3318.41 of the
Revised
Code;
(J) Authorization of the school district board to
advertise
for and receive construction bids for the project, for
and on
behalf of the commission, and to award
contracts in the
name of
the state subject to approval by the commission;
(K) Provisions for the disbursement of moneys from the
school
district's project account upon issuance by the
commission
or the
commission's designated representative of vouchers
for
work
done
to
be certified to the commission by the treasurer
of the
school
district board;
(L) Disposal of any balance left in the school district's
project construction fund upon completion of the
project;
(M) Limitations upon use of the project or any part of it
so
long as any obligations
issued to finance the project under
section 3318.26 of the Revised
Code are outstanding;
(N) Provision for vesting the state's interest in the
project
to the school district board when the
obligations issued
to
finance the project under section 3318.26 of the
Revised Code
are
outstanding;
(O) Provision for deposit of an executed copy of the
agreement in the office of the commission;
(P) Provision for termination of the contract and release
of
the funds encumbered at the time of the conditional approval,
if
the proceeds of the sale of the bonds of the school district
board
are not paid into the school district's project
construction
fund
and if bids for the construction of
the project have not been
taken within such period after the
execution of the agreement as
may be fixed by the
commission;
(Q) Provision for the school district to maintain the
project
in
accordance with a plan approved by the commission;
(R)(1) For all school districts except
a district
undertaking
a
project under section 3318.38 of the Revised Code
or
a joint
vocational school district undertaking a project under
sections
3318.40 to 3318.45 of the Revised Code,
provision
that
all
state
funds reserved and
encumbered
to pay
the state
share of
the cost
of the project
pursuant to
section
3318.03 of
the
Revised
Code be
spent on the
construction
or
acquisition of
the project
prior to
the
expenditure of any
funds
provided by the
school
district to
pay
for its share of the
project cost, unless
the
school district
certifies to the
commission that expenditure
by
the school
district is
necessary to
maintain the tax-exempt
status
of notes
or bonds issued by the
school district to pay for
its
share of the
project cost
or to
comply with applicable
temporary
investment
periods or spending
exceptions to rebate as
provided
for under
federal law in regard
to those notes or bonds,
in which
cases, the
school district
may commit to
spend, or
spend, a
portion
of the
funds it
provides;
(2) For
a school
district undertaking a project
under section
3318.38 of the Revised Code
or a joint vocational
school district
undertaking a project under sections 3318.40 to
3318.45 of the
Revised Code, provision that the state funds
reserved and
encumbered and the funds provided by the school
district to pay
the basic project cost of any segment of the
project, or of the
entire project if it is not divided into
segments, be spent on the
construction and acquisition of the
project simultaneously in
proportion to the state's and the school
district's respective
shares of that basic project cost as
determined under section
3318.032 of the Revised Code
or, if the
district is a joint
vocational school district, under section
3318.42 of the Revised
Code.
(S) A provision stipulating that the commission may
prohibit
the
district from proceeding with any project if the
commission
determines that
the site is not suitable for
construction
purposes. The commission may
perform soil tests in
its
determination of whether a site is appropriate for
construction
purposes.
(T) A provision stipulating that, unless otherwise
authorized
by the commission, any contingency
reserve portion of
the
construction budget prescribed by the
commission shall be used
only to pay costs resulting from
unforeseen job conditions, to
comply with rulings regarding
building and other codes, to pay
costs related to design
clarifications or corrections to contract
documents, and to pay
the costs of settlements or judgments
related to the project as
provided under section 3318.086 of the
Revised Code;
(U) Provision stipulating that for continued release of
project funds the school district board shall comply with section
3313.41 of the Revised Code throughout the project and shall
notify the department of education and the Ohio community school
association when the board plans to dispose of facilities by sale
under that section;
(V) Provision that the commission shall not approve a
contract for demolition of a facility until the school district
board has complied with section 3313.41 of the Revised Code
relative to that facility, unless demolition of that facility is
to clear a site for construction of a replacement facility
included in the district's project.
Sec. 3318.38. (A) As used in this section, "big-eight
school
district" has the same meaning as in section 3314.02 of the
Revised Code.
(B) There is hereby established the accelerated urban school
building assistance program. Under the program, notwithstanding
section
3318.02 of the Revised Code, any big-eight school district
that has not been approved to receive assistance under sections
3318.01
to 3318.20 of the Revised Code by July 1, 2002, may
beginning on that date apply for approval of and be approved for
such
assistance. Except as otherwise provided in this section,
any
project
approved and
undertaken pursuant to this section shall
comply with all provisions of
sections 3318.01 to 3318.20 of the
Revised Code.
The Ohio school facilities commission shall provide
assistance to
any big-eight school district eligible for
assistance under this section
in the following manner:
(1) Notwithstanding section 3318.02 of the Revised
Code:
(a) Not later than June 30,
2002, the commission shall
conduct an on-site visit and shall assess the
classroom facilities
needs of each big-eight school district eligible for
assistance
under this section;
(b) Beginning July 1, 2002, any big-eight school
district
eligible for assistance under this section may apply to the
commission for
conditional approval of its project as determined
by the assessment
conducted under division (B)(1)(a) of this
section.
The
commission may conditionally approve that project
and submit it to the
controlling board for approval pursuant to
section 3318.04 of the Revised Code.
(2) If the controlling board approves the project of a
big-eight
school district eligible for assistance under this
section, the
commission and the school district shall enter into
an agreement as
prescribed in section 3318.08 of the Revised Code.
Any
agreement
executed pursuant to this division shall include any
applicable
segmentation provisions as approved by the commission
under division
(B)(3) of this section.
(3) Notwithstanding any provision to the contrary in
sections
3318.05, 3318.06, and 3318.08 of the Revised Code, a
big-eight
school district eligible for assistance under this
section may
with the
approval of the commission opt to divide the
project as
approved under
division (B)(1)(b) of this section into
discrete
segments
to be completed sequentially. Any project
divided into
segments shall comply
with all other provisions of
sections
3318.05, 3318.06, and 3318.08 of the Revised Code
except
as
otherwise specified in this division.
If a project is divided into segments under this division:
(a) The school district need raise only the amount equal to
its
proportionate share, as determined under section 3318.032 of
the
Revised Code, of each segment at
any one time and may seek
voter approval of each segment separately;
(b) The state's proportionate share, as determined under
section
3318.032 of the Revised Code, of only the segment which
has
been
approved by the school district electors or for which the
district has applied
a local donated contribution under section
3318.084 of the Revised
Code shall be encumbered
in accordance
with section 3318.11 of the Revised Code.
Encumbrance of
additional amounts to cover the
state's
proportionate share of
later segments shall be approved
separately
as they are approved
by the school district electors or as the
district applies a local
donated contribution to the segments
under section
3318.084 of the
Revised Code.
(c) If it is necessary to levy the additional tax for
maintenance
under
division (B) of section
3318.05 of the Revised
Code with respect to any segment of
the project, the district may
utilize the provisions of section 3318.061 of
the Revised Code to
ensure that the maintenance tax extends
for
twenty-three
years
after the last segment of the project is undertaken The school
district's maintenance levy requirement, as defined in section
3318.18 of the Revised Code, shall run for twenty-three years from
the date the first segment is undertaken.
(4) For any project under this section, the state funds
reserved and encumbered and the funds provided by the school
district to pay the basic project cost of any segment of the
project, or of the entire project if it is not divided into
segments, shall be spent on the construction and acquisition of
the project simultaneously in proportion to the state's and the
school district's respective shares of that basic project cost as
determined under section 3318.032 of the Revised Code.
Sec. 3319.073. (A) The board of education of each city and
exempted
village school district and the governing
board of each
educational service center shall adopt or adapt the curriculum
developed by the department of education for, or shall develop, in
consultation with public or private
agencies or persons involved
in child abuse prevention or intervention
programs, a program of
in-service training for persons employed by any school
district or
service center to work in an elementary school as a nurse,
teacher,
counselor,
school psychologist, or administrator in the
prevention of child abuse, violence, and substance abuse and the
promotion of positive youth development. Each person employed by
any school
district or service center to work in an elementary a
school as a nurse,
teacher, counselor,
school psychologist, or
administrator shall complete at least four hours of
the in-service
training in the prevention of child abuse, violence, and substance
abuse and the promotion of positive youth development within two
years of commencing
employment with the district or center, and
every five years thereafter. A person who is employed by any
school district or service center to work in an elementary school
as a nurse, teacher, counselor, school psychologist, or
administrator on the effective date of this amendment March 30,
2007, shall complete at least four hours of the in-service
training required by this section within two years of the
effective date of this amendment not later than March 30, 2009,
and every five years thereafter. A person who is employed by any
school district or service center to work in a middle or high
school as a nurse, teacher, counselor, school psychologist, or
administrator on the effective date of this amendment shall
complete at least four hours of the in-service training not later
than two years after the effective date of this amendment and
every five years thereafter.
(B) Each board shall incorporate training in school safety
and violence prevention into the in-service training required by
division (A) of this section. For this purpose, the board shall
adopt or adapt the curriculum developed by the department or shall
develop its own curriculum in consultation with public or private
agencies or persons involved in school safety and violence
prevention programs.
Sec. 3319.08. (A) The board of education of each city,
exempted village, local, and joint vocational school
district and
the governing board of each educational service center shall
enter
into written contracts for the employment
and reemployment of all
teachers. Contracts for the employment of teachers shall be of two
types, limited contracts and continuing contracts. The board of
each such
school district or service center that authorizes
compensation in addition to
the base salary stated in the
teachers' salary schedule for the
performance of duties by a
teacher that are in addition to the
teacher's regular teaching
duties, shall enter into a
supplemental written contract with each
teacher who is to perform
additional duties. Such supplemental
written contracts shall be
limited contracts. Such written
contracts and supplemental
written contracts shall set forth the
teacher's duties and shall
specify the salaries and compensation
to be paid for regular
teaching duties and additional teaching
duties, respectively,
either or both of which may be increased but
not diminished
during the term for which the contract is made,
except as
provided in section 3319.12 of the Revised Code.
If a board adopts a motion or resolution to
employ a teacher
under a limited or continuing contract and the
teacher accepts
such employment, the failure of such parties to
execute a written
contract shall not void such employment
contract.
(B) Teachers must be paid for all time lost when the schools
in
which they are employed are closed due to an epidemic or other
public calamity, and for time lost due to illness or otherwise
for
not less than five days annually as authorized by regulations
which each board shall adopt.
Contracts for the employment of teachers shall be of two
types, limited contracts and continuing contracts.
(A)(C) A limited contract is:
(1) For a superintendent, a contract for such term as
authorized by section 3319.01 of the Revised Code;
(2) For an assistant superintendent, principal, assistant
principal, or other administrator, a contract for such term as
authorized by section 3319.02 of the Revised Code;
(3) For all other teachers, a contract for a term not to
exceed five years.
(B)(D) A continuing contract is a contract that remains in
effect
until the teacher resigns, elects to retire, or is retired
pursuant to former section 3307.37 of the Revised Code, or until
it is
terminated or suspended and shall be granted only to the
following:
(1) Any teacher holding a professional, permanent, or life
teacher's
certificate;
(2) Any teacher holding a professional educator license
who
meets the following conditions:
(a) The teacher was initially issued a teacher's certificate
or educator license prior to January 1, 2011.
(b) The teacher holds a professional educator license issued
under section 3319.22 or 3319.222 or former section 3319.22 of the
Revised Code or a senior professional educator license or lead
professional educator license issued under section 3319.22 of the
Revised Code.
(c) The teacher
has completed the applicable one of the
following:
(a)(i) If the teacher did not hold a masters master's degree
at the time of
initially receiving a teacher's certificate under
former law or an educator
license, thirty semester hours of
coursework in the area of licensure or in an
area related to the
teaching field since the initial issuance of such
certificate or
license, as specified in rules which the state board of
education
shall adopt;
(b)(ii) If the teacher held a masters master's degree at the
time of initially
receiving a teacher's certificate under former
law or an educator license, six
semester hours of graduate
coursework in the area of licensure or in an area
related to the
teaching field since the initial issuance of such certificate
or
license, as specified in rules which the state board of education
shall
adopt.
This (3) Any teacher who meets the following conditions:
(a)
The teacher never held a teacher's certificate and was
initially
issued an educator license on or after January 1, 2011.
(b) The teacher holds a professional educator license, senior
professional educator license, or lead professional educator
license issued under section 3319.22 of the Revised Code.
(c) The teacher has held an educator license for at least
nine years.
(d) The teacher has completed the applicable one of
the
following:
(i) If the teacher did not hold a master's degree at the time
of initially receiving an educator license, thirty semester hours
of coursework in the area of licensure or in an area related to
the teaching field since the initial issuance of that license, as
specified in rules which the state board shall adopt;
(ii) If the teacher held a master's degree at the time of
initially receiving an educator license, six semester hours of
graduate coursework in the area of licensure or in an area related
to the teaching field since the initial issuance of that license,
as specified in rules which the state board shall adopt.
(E) Division (D) of this section applies only to continuing
contracts entered into on or after August 18, 1969 the effective
date of this amendment. Nothing in that division shall be
construed to void or otherwise affect a continuing contract
entered into prior to that date.
Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the requirements of division (D)(3) of
this section prevail over any conflicting provisions of a
collective bargaining agreement entered into on or after the
effective date of this amendment.
(F) Wherever the term "educator license" is used in this
section without reference to a specific type of educator license,
the term does not include an educator license for substitute
teaching issued under section 3319.226 of the Revised Code.
Sec. 3319.081. Except as otherwise provided in division
(G)
of this section, in all school districts wherein the
provisions of
Chapter 124. of the Revised Code do not apply, the
following
employment contract system shall control for employees
whose
contracts of employment are not otherwise provided by law:
(A) Newly hired regular nonteaching school employees,
including regular hourly rate and per diem employees, shall enter
into written contracts for their employment which shall be for a
period of not more than one year. If such employees are rehired,
their subsequent contract shall be for a period of two years.
(B) After the termination of the two-year contract
provided
in division (A) of this section, if the contract of a
nonteaching
employee is renewed, the employee shall be continued
in
employment, and the salary provided in the contract may be
increased but not reduced unless such reduction is a part of a
uniform plan affecting the nonteaching employees of the entire
district.
(C) The contracts as provided for in this section may be
terminated by a majority vote of the board of education. Except as
provided in sections 3319.0810 and section 3319.172 of the Revised
Code, the
contracts may be terminated only for violation of
written rules
and regulations as set forth by the board of
education or for
incompetency, inefficiency, dishonesty,
drunkenness, immoral
conduct, insubordination, discourteous
treatment of the public,
neglect of duty, or any other acts of
misfeasance, malfeasance,
or nonfeasance. In addition to the right
of the board of
education to terminate the contract of an
employee, the board may
suspend an employee for a definite period
of time or demote the
employee for the reasons set forth in this
division. The action
of the board of education terminating the
contract of an employee
or suspending or demoting the employee
shall be served upon
the employee
by certified mail. Within ten
days following the receipt of such
notice by the employee, the
employee may file an appeal, in
writing, with the court of common
pleas of the county in which
such school board is situated. After
hearing the appeal the
common pleas court may affirm, disaffirm,
or modify the action of
the school board.
A violation of division (A)(7) of section 2907.03 of the
Revised Code is
grounds for termination of employment of a
nonteaching employee under this
division.
(D) All employees who have been employed by a school
district
where the provisions of Chapter 124. of the Revised Code
do not
apply, for a period of at least three years on November
24, 1967,
shall hold continuing contracts of employment pursuant
to this
section.
(E) Any nonteaching school employee may terminate the
nonteaching school employee's
contract of employment thirty days
subsequent to the filing of a
written notice of such termination
with the treasurer of the
board.
(F) A person hired exclusively for the purpose of
replacing a
nonteaching school employee while such employee is on
leave of
absence granted under section 3319.13 of the Revised
Code is not a
regular nonteaching school employee under this
section.
(G) All nonteaching employees employed pursuant to this
section and Chapter
124. of the Revised Code shall be paid for all
time lost when the schools in
which they are employed are closed
owing to an epidemic or other public
calamity. Nothing in this
division shall be construed as requiring payment in
excess of an
employee's regular wage rate or salary for any time worked while
the school in which the employee is employed is officially
closed
for the reasons set forth in this division.
Sec. 3319.088. As used in this section, "educational
assistant" means any nonteaching employee in a school district who
directly
assists a teacher as defined in section 3319.09 of the
Revised
Code, by performing duties for which a license
issued
pursuant to sections 3319.22 to 3319.30 of the Revised Code is
not
required.
(A) The state board of education shall issue educational
aide
permits and educational paraprofessional licenses for
educational
assistants and shall adopt rules for
the issuance and
renewal of
such permits and licenses
which shall be consistent
with the
provisions of this section. Educational aide permits and
educational
paraprofessional licenses may be of several types and
the
rules shall prescribe the minimum qualifications of
education,
health, and character for the service to be authorized under each
type. The prescribed minimum
qualifications may require special
training or educational
courses designed to qualify a person to
perform effectively the
duties authorized under an educational
aide permit or educational
paraprofessional license.
(B)(1) Any application for a permit or license, or a renewal
or
duplicate of a permit or license, under this section shall be
accompanied by the payment of a fee in the amount established
under division
(A) of section 3319.51 of the Revised Code. Any
fees received under
this division shall be paid into the state
treasury to the credit
of the state board of education licensure
fund
established under division (B) of section 3319.51 of the
Revised Code.
(2) Any person applying for or holding a permit or license
pursuant to
this section is subject to sections 3123.41 to 3123.50
of the Revised Code and any
applicable rules adopted under section
3123.63 of the Revised Code and sections
3319.31 and 3319.311 of
the
Revised Code.
(C) Educational assistants shall at all times while in
the
performance of their duties be under the supervision and
direction
of a teacher as defined in section 3319.09 of the
Revised Code.
Educational assistants may assist a teacher
to whom assigned in
the supervision of pupils, in assisting with
instructional tasks,
and in the performance of duties which, in
the judgment of the
teacher to whom the assistant is
assigned, may be performed by a
person not licensed
pursuant to sections
3319.22 to 3319.30 of the
Revised Code and for which a teaching
license, issued pursuant to
sections 3319.22 to
3319.30 of
the Revised Code is not required.
The duties of an educational
assistant shall not include the
assignment of grades
to
pupils. The duties of an educational
assistants assistant need not
be performed in the physical
presence of the
teacher to whom assigned, but the
activity of an
educational
assistant shall at all times be
under the direction of
the teacher
to whom assigned. The assignment of an
educational
assistant need
not be limited to assisting a
single teacher. In
the event an
educational assistant is
assigned to assist more than
one teacher
the assignments shall be clearly
delineated and so
arranged that
the educational assistant
shall never be subject to
simultaneous
supervision or direction by more than
one teacher.
Educational assistants assigned to supervise children
shall,
when the teacher to whom assigned is not physically present,
maintain the degree of control and discipline which that would be
maintained by the teacher, but an educational assistant may
not
render corporal punishment.
Except when expressly permitted solely for the purposes
of
section 3317.029 of the Revised Code, educational Educational
assistants may
not be used in place
of
classroom
teachers or other
employees and
any payment of compensation by
boards of education
to educational
assistants for such
services is
prohibited. The
ratio between the
number of
licensed teachers and the pupils in a
school district
may not be
decreased
by utilization of educational
assistants and
no grouping,
or other
organization of pupils, for
utilization of
educational
assistants shall be established which
is inconsistent
with sound
educational
practices and procedures. A
school
district
may employ up to one
full time equivalent
educational
assistant
for each six
full time
equivalent licensed
employees of
the
district.
Educational assistants shall not be
counted as
licensed
employees for purposes
of state support in
the school
foundation
program and no grouping
or regrouping of
pupils with
educational
assistants may be
counted as a class or
unit for
school foundation
program purposes. Neither
special
courses
required by the
regulations of the state board of
education,
prescribing minimum
qualifications of education for an
educational
assistant, nor
years of service as an
educational
assistant shall
be counted in
any way toward
qualifying for a
teacher license, for
a teacher
contract of any type, or for
determining placement on a
salary
schedule in a school district
as a teacher.
(D) Educational assistants employed by a board of
education
shall have all rights, benefits, and legal protection available
to
other nonteaching employees in the school district, except
that
provisions of Chapter 124. of the Revised Code shall not
apply to
any person employed as an educational assistant,
and shall be
members of the school employees retirement system. Educational
assistants shall be compensated according to a salary plan
adopted
annually by the board.
Except as provided in this section nonteaching employees
shall not serve as educational assistants without first
obtaining
an appropriate educational aide permit or educational
paraprofessional license from the state board of
education. A
nonteaching employee who is the holder of a valid
educational aide
permit or educational paraprofessional license shall
neither
render nor be required to render services inconsistent with the
type
of services authorized
by the permit or license held. No
person shall receive compensation
from a
board of education for
services rendered as an educational
assistant
in violation of this
provision.
Nonteaching employees whose functions are solely
secretarial-clerical and who do not perform any other duties as
educational assistants, even though they assist a teacher
and work
under the direction of a teacher shall not be required to hold a
permit or license issued pursuant to this section. Students
preparing
to become licensed teachers or educational
assistants
shall not be
required to hold an educational aide permit or
paraprofessional license
for such periods of
time as such students
are assigned, as part of their training
program, to work with a
teacher in a school district. Such
students shall not be
compensated for such services.
Following the determination of the assignment and general
job
description of an educational assistant and subject to
supervision
by the teacher's immediate administrative officer, a teacher to
whom an educational assistant is assigned shall make all
final
determinations of the duties to be assigned to such
assistant.
Teachers shall not be required to hold a license
designated for
being a supervisor or
administrator in order to perform the
necessary
supervision of educational assistants.
(E) No person who is, or who has been employed as an
educational assistant shall divulge, except to the teacher
to whom
assigned, or the administrator of the school in the absence of
the
teacher to whom assigned, or when required to testify in a
court
or proceedings, any personal information concerning any
pupil in
the school district which was obtained or obtainable by
the
educational assistant while so employed. Violation of
this
provision is grounds for disciplinary action or dismissal, or
both.
Sec. 3319.11. (A) As used in this section:
(1) "Evaluation procedures" means the procedures adopted
pursuant to division (B) of section 3319.111 of the Revised Code.
(2) "Limited contract" means a limited contract, as
described
in section 3319.08 of the Revised Code, that a school district
board
of education or governing board of an educational service
center enters into
with a teacher who is not eligible for
continuing service status.
(3) "Extended limited contract" means a limited contract,
as
described in section 3319.08 of the Revised Code, that a board
of
education or governing board enters into with a teacher who is
eligible for
continuing service status.
(B) Teachers eligible for continuing service status in any
city, exempted village, local, or joint vocational school
district
or educational service center shall be those teachers qualified as
described in division (B)(1) or (2)(D) of
section 3319.08 of the
Revised Code, who within the last five years have taught for at
least three years in the district or center, and those teachers
who, having
attained
continuing contract status elsewhere, have
served two years in
the district or center, but the board, upon
the
recommendation
of the superintendent, may at the time of
employment
or at any time within such two-year period, declare any
of the
latter teachers eligible.
(1) Upon the recommendation of the superintendent that a
teacher eligible for continuing service status be reemployed, a
continuing contract shall be entered into between the board and
the teacher unless the board by a three-fourths vote of its full
membership rejects the recommendation of the superintendent. If
the board rejects by a three-fourths vote of its full membership
the recommendation of the superintendent that a teacher eligible
for continuing service status be reemployed and the
superintendent
makes no recommendation to the board pursuant to
division (C) of
this section, the board may declare its intention
not to reemploy
the teacher by giving the teacher written notice
on or before the
thirtieth day of April of its intention not to
reemploy the
teacher. If evaluation procedures have not been
complied with
pursuant to division (A) of section 3319.111 of the
Revised Code
or the board does not give the teacher written
notice on or before
the thirtieth day of April of its intention
not to reemploy the
teacher, the teacher is deemed reemployed
under an extended
limited contract for a term not to exceed one
year at the same
salary plus any increment provided by the salary
schedule. The
teacher is presumed to have accepted employment
under the extended
limited contract for a term not to exceed one
year unless such
teacher notifies the board in writing to the
contrary on
or before
the first day of June, and an extended limited contract
for a term
not to exceed one year shall be executed accordingly.
Upon any
subsequent reemployment of the teacher only a continuing
contract
may be entered into.
(2) If the superintendent recommends that a teacher
eligible
for continuing service status not be reemployed, the
board may
declare its intention not to reemploy the teacher by
giving the
teacher written notice on or before the thirtieth day
of April of
its intention not to reemploy the teacher. If
evaluation
procedures have not been complied with pursuant to
division (A) of
section 3319.111 of the Revised Code or the board
does not give
the teacher written notice on or before the
thirtieth day of April
of its intention not to reemploy the
teacher, the teacher is
deemed reemployed under an extended
limited contract for a term
not to exceed one year at the same
salary plus any increment
provided by the salary schedule. The
teacher is presumed to have
accepted employment under the
extended limited contract for a term
not to exceed one year
unless such teacher notifies the board in
writing to the contrary on
or before the first day of June, and an
extended limited contract
for a term not to exceed one year shall
be executed accordingly.
Upon any subsequent reemployment of a
teacher only a continuing
contract may be entered into.
(3) Any teacher receiving written notice of the intention
of
a board not to reemploy such teacher pursuant to this division
is
entitled to the hearing provisions of division (G) of this
section.
(C)(1) If a board rejects the recommendation
of the
superintendent for reemployment of a teacher pursuant to
division
(B)(1) of this section, the superintendent may recommend
reemployment of the teacher, if continuing service status has not
previously been attained elsewhere, under an extended limited
contract for a term not to exceed two years, provided that
written
notice of the superintendent's intention to make such
recommendation has been given to the teacher with reasons
directed
at the professional improvement of the teacher on or
before the
thirtieth day of April. Upon subsequent reemployment
of the
teacher only a continuing contract may be entered into.
(2) If a board of education takes affirmative action on a
superintendent's recommendation, made pursuant to division (C)(1)
of this section, of an extended limited contract for a term not
to
exceed two years but the board does not give the teacher
written
notice of its affirmative action on the superintendent's
recommendation of an extended limited contract on or before the
thirtieth day of April, the teacher is deemed reemployed under a
continuing contract at the same salary plus any increment
provided
by the salary schedule. The teacher is presumed to have
accepted
employment under such continuing contract unless such
teacher
notifies the board in writing to the contrary on or before the
first day of June, and a continuing contract shall be executed
accordingly.
(3) A board shall not reject a
superintendent's
recommendation, made pursuant to division (C)(1)
of this section,
of an extended limited contract for a term not
to exceed two years
except by a three-fourths vote of its full
membership. If a board
rejects by a three-fourths
vote of its full membership the
recommendation of the
superintendent of an extended limited
contract for a term not to
exceed two years, the board may declare
its intention not to
reemploy the teacher by giving the teacher
written notice on or
before the thirtieth day of April of its
intention not to
reemploy the teacher. If evaluation procedures
have not been
complied with pursuant to division (A) of section
3319.111 of the
Revised Code or if the board does not give the
teacher written notice on or before the thirtieth day of April of
its intention not to reemploy the teacher, the teacher is
deemed
reemployed under an extended limited contract for a term not to
exceed one year at the same salary plus any increment provided by
the salary schedule. The teacher is presumed to have accepted
employment under the extended limited contract for a term not to
exceed one year unless such teacher notifies the board in writing
to
the contrary on or before the first day of June, and an
extended
limited contract for a term not to exceed one year shall
be
executed accordingly. Upon any subsequent reemployment of the
teacher only a continuing contract may be entered into.
Any teacher receiving written notice of the intention of a
board not to reemploy such teacher pursuant to this division is
entitled
to the hearing provisions of division (G) of this
section.
(D) A teacher eligible for continuing contract status
employed under an extended limited contract pursuant to division
(B) or (C) of this section, is, at the expiration of such
extended
limited contract, deemed reemployed under a continuing
contract at
the same salary plus any increment granted by the
salary schedule,
unless evaluation procedures have been complied
with pursuant to
division (A) of section 3319.111 of the Revised
Code and the
employing board, acting on the superintendent's
recommendation
that the teacher not be reemployed, gives the
teacher written
notice on or before the thirtieth day of April of
its intention
not to reemploy such teacher. A teacher who does not
have
evaluation procedures applied in compliance with division
(A) of
section 3319.111 of the Revised Code or who does not
receive
notice on or before the thirtieth day of April of the
intention of
the board not to reemploy such teacher is presumed to
have
accepted employment under a continuing contract unless such
teacher
notifies the board in writing to the contrary on or before
the
first day of June, and a continuing contract shall be executed
accordingly.
Any teacher receiving a written notice of the intention of
a
board not to reemploy such teacher pursuant to this division is
entitled
to the hearing provisions of division (G) of this
section.
(E) A limited contract may be entered into by each board
with
each teacher who has not been in the employ of the board for
at
least three years and shall be entered into, regardless of
length
of previous employment, with each teacher employed by the
board
who holds a provisional, temporary, or
associate license, or who
holds a
professional license and is not eligible to be considered
for a continuing
contract.
Any teacher employed under a limited contract, and not
eligible to be considered for a continuing contract, is, at the
expiration of such limited contract, considered reemployed under
the provisions of this division at the same salary plus any
increment provided by the salary schedule unless evaluation
procedures have been complied with pursuant to division (A) of
section 3319.111 of the Revised Code and the employing board,
acting upon the superintendent's written recommendation that the
teacher not be reemployed, gives such teacher written notice of
its intention not to reemploy such teacher on or before the
thirtieth day
of April. A teacher who does not have evaluation
procedures
applied in compliance with division (A) of section
3319.111 of the Revised Code or who does not receive notice of
the
intention of the board not to reemploy such teacher on or
before
the
thirtieth day of April is presumed to have accepted such
employment unless such teacher notifies the board in writing to
the
contrary on or before the first day of June, and a written
contract for the succeeding school year shall be executed
accordingly.
Any teacher receiving a written notice of the intention of
a
board not to reemploy such teacher pursuant to this division is
entitled
to the hearing provisions of division (G) of this
section.
(F) The failure of a superintendent to make a
recommendation
to the board under any of the
conditions set forth in divisions
(B) to (E) of this section, or
the failure of the board to give
such teacher a
written notice pursuant to divisions (C) to (E) of
this section
shall not prejudice or prevent a teacher from being
deemed
reemployed under either a limited or continuing contract as
the
case may be under the provisions of this section. A failure of
the parties to execute a written contract shall not void any
automatic reemployment provisions of this section.
(G)(1) Any teacher receiving written notice of the
intention
of a board of education not to reemploy such teacher
pursuant to
division (B), (C)(3), (D), or (E) of this section may, within ten
days of the date of receipt of the notice, file with the
treasurer
of the board a written demand for a
written statement describing
the circumstances that led to the
board's intention not to
reemploy the teacher.
(2) The treasurer of a board, on behalf of the board, shall,
within ten days
of the date of receipt of a written demand for a
written statement pursuant to
division (G)(1) of this section,
provide to the teacher a written
statement describing the
circumstances that led to the board's
intention not to reemploy
the teacher.
(3) Any teacher receiving a written statement describing
the
circumstances that led to the board's intention not to
reemploy
the teacher pursuant to division (G)(2) of this section
may,
within five days of the date of receipt of
the
statement, file
with the treasurer of the board a
written demand for a hearing
before the board
pursuant to divisions (G)(4) to (6) of this
section.
(4) The treasurer of a board, on behalf of
the board, shall,
within ten days of the date
of receipt of a written demand for
a
hearing pursuant to division
(G)(3) of this section, provide to
the teacher a written notice
setting forth the time, date, and
place of the hearing. The
board shall schedule and conclude the
hearing within forty days
of the date on which the treasurer of
the board receives a
written demand for a hearing pursuant to
division (G)(3) of this
section.
(5) Any hearing conducted pursuant to this division shall
be
conducted by a majority of the members of the board. The hearing
shall be
held in executive session of the
board unless the board
and the teacher agree to hold
the hearing in public. The
superintendent, assistant
superintendent, the teacher, and any
person designated by either
party to take a record of the hearing
may be present at the
hearing. The board may be represented by
counsel and the teacher
may be represented by counsel or a
designee. A record of the
hearing may be taken by either party at
the expense of the party
taking the record.
(6) Within ten days of the conclusion of a hearing
conducted
pursuant to this division, the board shall
issue to the teacher a
written decision containing an order
affirming the intention of
the board not to reemploy the teacher
reported in the notice given
to the teacher pursuant to division
(B), (C)(3), (D), or (E) of
this section or an order vacating the
intention not to reemploy
and expunging any record of the
intention, notice of the
intention, and the hearing conducted
pursuant to this division.
(7) A teacher may appeal an order affirming the intention
of
the board not to reemploy the teacher to the court of common
pleas
of the county in which the largest portion of the territory
of the
school district or service center is located, within thirty days
of the
date on which the teacher receives the written decision, on
the grounds that
the board has not complied with this section
3319.11 or section 3319.111 of the Revised
Code.
Notwithstanding section 2506.04 of the Revised Code, the
court in an appeal under this division is limited to the
determination of procedural errors and to ordering the correction
of procedural errors and shall have no jurisdiction to order a
board to reemploy a teacher, except that the court may order a
board to reemploy a teacher in compliance with the requirements
of
division (B), (C)(3), (D), or (E) of this section when the
court
determines that evaluation procedures have not been
complied with
pursuant to division (A) of section 3319.111 of the
Revised Code
or the board has not given the teacher written
notice on or before
the thirtieth day of April of its intention
not to reemploy the
teacher pursuant to division (B), (C)(3),
(D), or (E) of this
section. Otherwise, the determination
whether to reemploy or not
reemploy a teacher is solely a board's
determination and not a
proper subject of judicial review and,
except as provided in this
division, no decision of a board
whether to reemploy or not
reemploy a teacher shall be
invalidated by the court on any basis,
including that the
decision was not warranted by the results of
any evaluation or
was not warranted by any statement given
pursuant to division
(G)(2) of this section.
No appeal of an order of a board may be made except as
specified in this division.
(H)(1) In giving a teacher any notice required by division
(B), (C), (D), or (E) of this section, the board or the
superintendent shall do either of the following:
(a) Deliver the notice by personal service upon the
teacher;
(b) Deliver the notice by certified mail, return receipt
requested, addressed to the teacher at the teacher's place of
employment and deliver a copy of the notice by certified mail,
return receipt
requested, addressed to the teacher at the
teacher's place of residence.
(2) In giving a board any notice required by
division (B),
(C), (D), or (E) of this section, the teacher shall
do either of
the following:
(a) Deliver the notice by personal delivery to the office
of
the superintendent during regular business hours;
(b) Deliver the notice by certified mail, return receipt
requested, addressed to the office of the superintendent and
deliver a copy of the notice by certified mail, return receipt
requested, addressed to the president of the board at the
president's place of residence.
(3) When any notice and copy of the notice are mailed
pursuant to division (H)(1)(b) or (2)(b) of this section, the
notice or copy of the notice with the earlier date of receipt
shall constitute the notice for the purposes of division (B),
(C),
(D), or (E) of this section.
(I) The provisions of this section shall not apply to any
supplemental written contracts entered into pursuant to section
3319.08 of the Revised Code.
Sec. 3319.151. (A) No person shall reveal to any student
any
specific question that the person knows is part of a test an
assessment to
be administered under section 3301.0711 of the
Revised Code or in
any other way assist a pupil to cheat on such a
test an assessment.
(B) On a finding by the state board of education, after
investigation, that a school employee who holds a license
issued
under sections 3319.22 to 3319.31 of the Revised Code has
violated
division (A) of this section, the license of such
teacher shall be
suspended for one year. Prior to commencing an
investigation, the
board shall give the teacher notice of the
allegation and an
opportunity to respond and present a defense.
(C)(1) Violation of division (A) of this section is
grounds
for termination of employment of a nonteaching employee
under
division (C) of section 3319.081 or section 124.34 of the
Revised
Code.
(2) Violation of division (A) of this section is grounds
for
termination of a teacher contract under section 3319.16 of
the
Revised Code.
Sec. 3319.16. The contract of any teacher employed by the
board of education of any city, exempted village, local, county,
or joint vocational school district may not be terminated except
for gross inefficiency or immorality; for willful and persistent
violations of reasonable regulations of the board of education;
or
for other good and just cause. Before Notwithstanding any
provision to the contrary in Chapter 4117. of the Revised Code,
the provisions of this section relating to the grounds for
termination of the contract of a teacher prevail over any
conflicting provisions of a collective bargaining agreement
entered into after the effective date of this amendment.
Before terminating any
contract, the employing board shall
furnish the teacher a written
notice signed by its treasurer of
its intention to consider the
termination of his the teacher's
contract with full
specification of the
grounds for such
consideration. The board shall not proceed with
formal action to
terminate the contract until after the tenth day
after receipt of
the notice by the teacher. Within ten days
after receipt of the
notice from the treasurer of the board, the
teacher may file with
the treasurer a written demand for a
hearing before the board or
before a referee, and the board shall
set a time for the hearing
which shall be within thirty days from
the date of receipt of the
written demand, and the treasurer
shall give the teacher at least
twenty days' notice in writing of
the time and place of the
hearing. If a referee is demanded by
either the teacher or board,
the treasurer also shall give twenty
days' notice to the
superintendent of public instruction. No
hearing shall be held
during the summer vacation without the
teacher's consent. The
hearing shall be private unless the
teacher requests a public
hearing. The hearing shall be
conducted by a referee appointed
pursuant to section 3319.161 of
the Revised Code, if demanded;
otherwise, it shall be conducted
by a majority of the members of
the board and shall be confined
to the grounds given for the
termination. The board shall
provide for a complete stenographic
record of the proceedings, a
copy of the record to be furnished to
the teacher. The board may
suspend a teacher pending final action
to terminate his the
teacher's contract
if, in its judgment, the
character of the charges warrants such
action.
Both parties may be present at such hearing, be represented
by counsel, require witnesses to be under oath, cross-examine
witnesses, take a record of the proceedings, and require the
presence of witnesses in their behalf upon subpoena to be issued
by the treasurer of the board. In case of the failure of any
person to comply with a subpoena, a judge of the court of common
pleas of the county in which the person resides, upon application
of any interested party, shall compel attendance of the person by
attachment proceedings as for contempt. Any member of the board
or
the referee may administer oaths to witnesses. After a
hearing by
a referee, the referee shall file his a report within
ten days
after the termination of the hearing. After
consideration of the
referee's report, the board, by a majority
vote, may accept or
reject the referee's recommendation on the
termination of the
teacher's contract. After a hearing by the
board, the board, by
majority vote, may enter its determination
upon its minutes. Any
order of termination of a contract shall
state the grounds for
termination. If the decision, after
hearing, is against
termination of the contract, the charges and
the record of the
hearing shall be physically expunged from the
minutes, and, if the
teacher has suffered any loss of salary by
reason of being
suspended, he the teacher shall be paid
his the teacher's full
salary for
the period of such suspension.
Any teacher affected by an order of termination of contract
may appeal to the court of common pleas of the county in which
the
school is located within thirty days after receipt of notice
of
the entry of such order. The appeal shall be an original
action in
the court and shall be commenced by the filing of a
complaint
against the board, in which complaint the facts shall
be alleged
upon which the teacher relies for a reversal or
modification of
such order of termination of contract. Upon
service or waiver of
summons in that appeal, the board
immediately shall transmit to
the clerk of the court for filing a
transcript of the original
papers filed with the board, a
certified copy of the minutes of
the board into which the
termination finding was entered, and a
certified transcript of
all evidence adduced at the hearing or
hearings before the board
or a certified transcript of all
evidence adduced at the hearing
or hearings before the referee,
whereupon the cause shall be at
issue without further pleading and
shall be advanced and heard
without delay. The court shall examine
the transcript and record
of the hearing and shall hold such
additional hearings as it
considers advisable, at which it may
consider other evidence in
addition to the transcript and record.
Upon final hearing, the court shall grant or deny the
relief
prayed for in the complaint as may be proper in accordance
with
the evidence adduced in the hearing. Such an action is a
special
proceeding, and either the teacher or the board may
appeal from
the decision of the court of common pleas pursuant to
the Rules of
Appellate Procedure and, to the extent not in
conflict with those
rules, Chapter 2505. of the Revised Code.
In any court action, the board may utilize the services of
the prosecuting attorney, village solicitor, city director of
law,
or other chief legal officer of a municipal corporation as
authorized by section 3313.35 of the Revised Code, or may employ
other legal counsel.
A violation of division (A)(7) of section 2907.03 of the
Revised Code is
grounds for termination of a teacher contract
under this section.
Sec. 3319.17. (A) As used in this section, "interdistrict
contract" means any contract or agreement entered into by
an
educational service center governing board
and another board or
other public entity pursuant to
section 3313.17, 3313.841,
3313.842,
3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the
Revised Code, including any
such contract or agreement for the
provision of services funded
under division (I) of section
3317.024 of the Revised Code
or
provided in any unit approved
under section 3317.05 of
the Revised Code.
(B) When, for any of the following reasons that apply to
any
city, exempted village, local, or joint vocational
school district
or any educational service center, the board decides
that it will
be necessary to reduce the number of teachers it
employs, it may
make a reasonable reduction:
(1) In the case of any district or service center, return to
duty of regular
teachers after leaves of absence including leaves
provided pursuant to
division (B) of section 3314.10 of the
Revised Code, suspension of schools, or
territorial changes
affecting the district or center, or financial reasons;
(2) In the case of any city, exempted village, local, or
joint vocational school district, decreased enrollment of pupils
in the district;
(3) In the case of any governing board of a
service center
providing
any particular service directly to pupils pursuant to
one or more
interdistrict contracts requiring such service,
reduction in the
total number of pupils the governing board is
required to
provide
with the service under all interdistrict
contracts as a result of
the termination or nonrenewal of one or
more of these
interdistrict contracts;
(4) In the case of any governing board
providing
any
particular service that it does not provide directly to
pupils
pursuant to one or more interdistrict contracts requiring
such
service, reduction in the total level of the service the
governing
board is required to provide under all interdistrict
contracts as
a result of the termination or nonrenewal of one or
more of these
interdistrict contracts.
(C) In making any such reduction, any city, exempted village,
local, or joint vocational school board shall proceed to suspend
contracts in accordance with the recommendation of the
superintendent of schools who shall, within each teaching field
affected, give preference first to teachers on continuing
contracts and then
to teachers who have greater seniority. In
making any such
reduction, any governing board of a service center
shall
proceed to suspend
contracts in accordance with the
recommendation of the
superintendent who shall, within each
teaching field
or service area affected, give preference first to
teachers on
continuing contracts and then to teachers who have
greater seniority.
On a case-by-case basis, in lieu of suspending a contract in
whole, a board may suspend a contract in part, so that an
individual is required to work a percentage of the time the
employee otherwise is required to work under the contract and
receives a commensurate percentage of the full compensation the
employee otherwise would receive under the contract.
The teachers whose continuing contracts are suspended by
any
board pursuant to this section shall have the right of
restoration
to continuing service status by that board in the
order of
seniority of service in the district or service center if and when
teaching positions become vacant or are created for which any of
such teachers are or become qualified. No teacher whose continuing
contract has been suspended pursuant to this section shall lose
that right of restoration to continuing service status by reason
of having declined recall to a position that is less than
full-time or, if the teacher was not employed full-time just prior
to suspension of the teacher's continuing contract, to a position
requiring a lesser percentage of full-time employment than the
position the teacher last held while employed in the district or
service center.
(D) Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the requirements of this section
prevail over any conflicting provisions of agreements between
employee organizations and public employers entered into after
September 29, 2005.
Sec. 3319.172. The board of education of each school
district wherein the provisions of Chapter 124. of the Revised
Code do not apply and the governing board of each educational
service center may adopt a resolution ordering reasonable
reductions in the number of nonteaching employees for any of the
reasons for which the board of education or governing board may
make reductions in teaching employees, as set forth in division
(B) of section 3319.17 of the Revised Code.
In making any reduction under this section, the board of
education or governing board shall proceed to suspend contracts in
accordance with the recommendation of the superintendent of the
district or service center who shall, within each pay
classification affected, give preference first to employees under
continuing contracts and then to employees on the basis of
seniority. On a case-by-case basis, in lieu of suspending a
contract in whole, a board may suspend a contract in part, so that
an individual is required to work a percentage of the time the
employee otherwise is required to work under the contract and
receives a commensurate percentage of the full compensation the
employee otherwise would receive under the contract.
Any nonteaching employee whose continuing contract is
suspended under this section shall have the right of restoration
to continuing service status by the board of education or
governing board that suspended that contract in order of seniority
of service in the district or service center, if and when a
nonteaching position for which the employee is qualified becomes
vacant or is created. No nonteaching employee whose continuing
contract has been suspended under this section shall lose that
right of restoration to continuing service status by reason of
having declined recall to a position requiring fewer regularly
scheduled hours of work than required by the position the employee
last held while employed in the district or service center.
Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the requirements of this section
prevail over any conflicting provisions of agreements between
employee organizations and public employers entered into after the
effective date of this section.
Sec. 3319.22. (A)(1) The state board of education shall
adopt
rules
establishing the standards and requirements for
obtaining
temporary,
associate, provisional, and professional
issue the following educator licenses:
(a) A resident educator license, which shall be valid for
four years and shall not be renewable;
(b) A professional educator license, which shall be valid for
five years and shall be renewable;
(c) A senior professional educator license, which shall be
valid for five years and shall be renewable;
(d) A lead professional educator license, which shall be
valid for five years and shall be renewable.
(2) The state board may issue any additional educator
licenses of any categories,
types, and levels the board elects to
provide. However, no educator license
shall be required for
teaching children two years old or younger.
(2)(3) The state board shall adopt rules establishing the
standards and requirements for obtaining each educator license
issued under this section.
(B) The rules adopted under this section shall require at
least the following standards and qualifications for the educator
licenses described in division (A)(1) of this section:
(1) An applicant for a resident educator license shall hold
at least a bachelor's degree from an accredited teacher
preparation program.
(2) An applicant for a professional educator license shall:
(a) Hold at least a bachelor's degree from an accredited
institution of higher education;
(b) Have successfully completed the Ohio teacher residency
program established under section 3319.223 of the Revised Code, if
the applicant's current or most recently issued license is a
resident educator license issued under this section or an
alternative resident educator license issued under section 3319.26
of the Revised Code;
(c) Demonstrate that students in the applicant's classroom
have achieved a value-added measure designated by the
superintendent of public instruction.
(3) An applicant for a senior professional educator license
shall:
(a) Hold at least a master's degree from an accredited
institution of higher education;
(b) Have previously held a professional educator license
issued under this section or section 3319.222 or under former
section 3319.22 of the Revised Code;
(c) Meet the criteria for the accomplished or distinguished
level of performance, as described in the standards for teachers
adopted by the state board under section 3319.61 of the Revised
Code;
(d) Demonstrate that students in the applicant's classroom
have achieved a value-added measure designated by the
superintendent of public instruction.
(4) An applicant for a lead professional educator license
shall:
(a) Hold at least a master's degree from an accredited
institution of higher education;
(b) Have previously held a professional educator license or a
senior professional educator license issued under this section or
a professional educator license issued under section 3319.222 or
former section 3319.22 of the Revised Code;
(c) Meet the criteria for the distinguished level of
performance, as described in the standards for teachers adopted by
the state board under section 3319.61 of the Revised Code;
(d) Either hold a valid certificate issued by the national
board for professional teaching standards or meet the criteria for
a lead teacher adopted by the educator standards board under
section 3319.61 of the Revised Code;
(e) Demonstrate that students in the applicant's classroom
have achieved a value-added measure designated by the
superintendent of public instruction.
(C) The state board shall align the standards and
qualifications for obtaining a principal license with the
standards for principals adopted by the state board under section
3319.61 of the Revised Code. The rules adopted under this section
for obtaining a principal license shall require that an applicant,
as a condition of qualifying for the license, demonstrate that
students in the applicant's classroom have achieved a value-added
measure designated by the superintendent of public instruction, if
the applicant is a classroom teacher seeking issuance of a new
principal license, or that students in the applicant's building
have achieved a value-added measure designated by the
superintendent of public instruction, if the applicant is a
principal
seeking renewal of a principal license.
(D) If the state board requires any examinations for educator
licensure, the department of education shall provide the results
of such examinations received by the department to the chancellor
of the Ohio board of regents, in the manner and to the extent
permitted by state and federal law.
(B)(E) Any rules the state board of education adopts, amends,
or rescinds for
educator licenses under this section, division (D)
of section 3301.07 of the
Revised Code, or any other law shall be
adopted, amended, or rescinded under
Chapter 119. of the Revised
Code
except as follows:
(1) Notwithstanding division (D) of
section 119.03 and
division (A)(1) of section
119.04 of the Revised Code, in the case
of the adoption of any rule or the
amendment or rescission of any
rule that necessitates institutions' offering teacher preparation
programs for educators and other school personnel that are
approved by the state board of education chancellor of the Ohio
board of regents under section 3319.23 3333.048 of the Revised
Code to revise the curriculum of those programs, the effective
date shall not be as prescribed in division
(D) of section
119.03
and division (A)(1) of section 119.04 of the
Revised Code.
Instead, the
effective date of such rules, or the amendment or
rescission of such rules,
shall be
the date prescribed
by
section
3319.23 3333.048 of the Revised Code.
(2) Notwithstanding the authority to adopt, amend, or
rescind
emergency
rules in division (F) of section 119.03 of the
Revised
Code,
this authority shall not apply to the state board of
education with regard to
rules for educator licenses.
(C)(F)(1) The rules adopted under this section establishing
standards requiring
additional coursework for the renewal of any
educator license shall require a
school district and a chartered
nonpublic school to establish local
professional development
committees. In a nonpublic school, the chief
administrative
officer shall establish the committees in any manner acceptable
to
such officer. The committees established under this division
shall
determine whether coursework that a district or chartered
nonpublic school
teacher proposes to complete meets the
requirement of the rules. The department of education shall
provide technical assistance and support to committees as the
committees incorporate the professional development standards
adopted by the state board of education pursuant to section
3319.61 of the Revised Code into their review of coursework that
is appropriate for license renewal. The rules
shall establish a
procedure
by which a teacher may appeal the decision of a
local
professional
development committee.
(2) In any school district in which there is no exclusive
representative
established under Chapter 4117. of the Revised
Code, the professional
development committees shall be established
as described in division (C)(F)(2) of
this section.
Not later than the effective date of the rules adopted under
this section, the
board of education of each school district shall
establish the structure for
one or more local professional
development committees to be operated by such
school district.
The
committee structure so established by a district board
shall
remain in effect unless within thirty days prior to an anniversary
of
the date upon which the current committee structure was
established, the board
provides notice to all affected district
employees that the committee
structure is to be modified.
Professional development committees may have a
district-level or
building-level scope of operations, and may be
established
with
regard to particular grade or age levels for which an educator
license is
designated.
Each professional development committee shall consist of at
least three
classroom teachers employed by the district, one
principal employed by the
district, and one other employee of the
district appointed by the district
superintendent. For committees
with a building-level scope, the
teacher and
principal members
shall be assigned to that building, and the teacher members
shall
be elected by majority vote of the classroom teachers assigned to
that
building. For committees with a district-level scope, the
teacher
members
shall be elected by majority vote of the classroom
teachers of the district,
and the principal member shall be
elected by a majority vote of the principals
of the district,
unless there are two or fewer principals employed by the
district,
in which case the one or two principals employed shall serve on
the
committee. If a committee has a particular grade or age level
scope, the
teacher members shall be licensed to teach such grade
or age levels, and shall
be elected by majority vote of the
classroom teachers holding such a license
and the principal shall
be elected by all principals serving in buildings
where any such
teachers serve. The district superintendent shall appoint a
replacement to fill any vacancy that occurs on a professional
development
committee, except in the case of vacancies among the
elected classroom teacher
members, which shall be filled by vote
of the remaining members of the
committee so selected.
Terms of office on professional development committees shall
be prescribed by
the district board establishing the committees.
The conduct of elections for
members of professional development
committees shall be prescribed by the
district board establishing
the committees. A professional development
committee may include
additional members, except that the majority of members
on each
such committee shall be classroom teachers employed by the
district.
Any member appointed to fill a vacancy occurring prior
to the expiration date
of the term for which a predecessor was
appointed shall hold office as a
member for the remainder of that
term.
The initial meeting of any professional development
committee, upon election
and appointment of all committee members,
shall be called by a member
designated by the district
superintendent. At this initial meeting, the
committee shall
select a chairperson and such other officers the committee
deems
necessary, and shall adopt rules for the conduct of its meetings.
Thereafter, the committee shall meet at the call of the
chairperson or upon
the filing of a petition with the district
superintendent signed by a majority
of the committee members
calling for the committee to meet.
(3) In the case of a school district in which an exclusive
representative has
been established pursuant to Chapter 4117. of
the Revised Code, professional
development committees shall be
established in accordance with any collective
bargaining agreement
in effect in the district that includes provisions for
such
committees.
If the collective bargaining agreement does not specify a
different method for
the selection of teacher members of the
committees, the exclusive
representative of the district's
teachers shall select the teacher members.
If the collective bargaining agreement does not specify a
different structure
for the committees, the board of education of
the school district shall
establish the structure, including the
number of committees and the number of
teacher and administrative
members on each committee; the specific
administrative members to
be part of each committee; whether the scope of the
committees
will be district levels, building levels, or by
type of grade or
age
levels for which educator licenses are designated; the lengths
of terms for
members; the manner of filling vacancies on the
committees; and the frequency
and time and place of meetings.
However, in all cases, except as
provided in division (C)(F)(4) of
this section, there shall be a
majority of teacher members of any
professional development committee, there
shall be at least five
total members of any professional development
committee, and the
exclusive representative shall designate replacement
members in
the case of vacancies among teacher members, unless the collective
bargaining agreement specifies a different method of selecting
such
replacements.
(4) Whenever an
administrator's coursework plan is being
discussed or voted
upon, the local professional development
committee shall, at the
request of one of its administrative
members, cause a majority
of the committee to consist of
administrative members by
reducing the number of teacher members
voting on the
plan.
(D)(G)(1) The department of education, educational service
centers,
county boards of mental retardation and developmental
disabilities, regional professional development centers, special
education regional resource centers, college and university
departments of education, head start programs, the eTech Ohio
commission, and the Ohio education computer network may establish
local professional development committees to determine whether the
coursework
proposed by their
employees who are licensed or
certificated under this section or section
3319.222 of the Revised
Code, or under the former version of either section as it existed
prior to the effective date of this amendment, meet the
requirements of the
rules adopted under this
section. They may
establish local professional
development
committees on their own
or in
collaboration with a school district
or other agency having
authority to
establish them.
Local professional development committees established by
county
boards of mental retardation and developmental disabilities
shall be
structured in a manner comparable to the structures
prescribed for
school districts in divisions (C)(F)(2) and (3) of
this section, as
shall the committees established by any other
entity specified in
division (D)(G)(1) of this section that
provides
educational
services by employing or contracting for
services of
classroom teachers
licensed or
certificated under this
section or
section 3319.222 of the Revised
Code, or under the
former version of either section as it existed prior to the
effective date of this amendment. All other entities
specified in
division (D)(G)(1) of this
section shall structure their
committees in accordance with guidelines
which shall be issued by
the state board.
(2) Any public agency that is not specified in division
(D)(G)(1) of
this section but provides educational services and
employs or
contracts for services of classroom teachers licensed
or
certificated under this section or section 3319.222 of the
Revised
Code, or under the former version of either section as it
existed prior to the effective date of this amendment, may
establish a local professional development
committee,
subject to
the approval of the department of education.
The committee shall
be structured in
accordance with guidelines
issued by the state
board.
Sec. 3319.221. (A) The state board of education shall adopt
rules establishing the standards and requirements for obtaining a
school nurse license and a school nurse wellness coordinator
license. At a minimum, the rules shall require that an applicant
for a school nurse license be licensed as a registered nurse under
Chapter 4723. of the Revised Code and that an applicant for a
school nurse wellness coordinator license be licensed as a
licensed practical nurse under that chapter.
(B) If the state board requires any examinations for
licensure under this section, the department of education shall
provide the examination results received by the department to the
chancellor of the Ohio board of regents, in the manner and to the
extent permitted by state and federal law.
(C) Any rules for licenses described in this section that the
state board adopts, amends, or rescinds under this section,
division (D) of section 3301.07 of the Revised Code, or any other
law shall be adopted, amended, or rescinded under Chapter 119. of
the Revised Code, except that the authority to adopt, amend, or
rescind emergency rules under division (F) of section 119.03 of
the Revised Code shall not apply to the state board with respect
to rules for licenses described in this section.
(D) Any registered nurse employed by a school district in the
capacity of school nurse on January 1, 1973, or any registered
nurse employed
by a city or general health district on January 1,
1973, to serve full-time in
the capacity of school nurse in one or
more school districts, shall be
considered to have fulfilled the
requirements for the issuance of a school
nurse license under this
section 3319.22 of the Revised Code.
Sec. 3319.222. (A) Notwithstanding the amendments to and
repeal of statutes by the act that enacted this section, the state
board of education shall accept applications for new, and renewal
and upgrade of, temporary, associate, provisional, and
professional educator licenses, alternative educator licenses,
one-year conditional teaching permits, and school nurse licenses
through December 31, 2010, and issue them on the basis of the
applications received by that date in accordance with the former
statutes in effect immediately prior to amendment or repeal by the
act that enacted this section.
(B) A permanent teacher's certificate issued under former
sections 3319.22 to 3319.31 of the Revised Code prior to October
29, 1996, or under former section 3319.222 of the Revised Code as
it existed prior to the effective date of this section, shall be
valid for teaching in the subject areas and grades for which the
certificate was issued, except as the certificate is limited,
suspended, or revoked under section 3319.31 of the Revised Code.
(C) The following certificates, permits, or licenses shall be
valid until the certificate, permit, or license expires for
teaching in the subject areas and grades for which the
certificate, permit, or license was issued, except as the
certificate, permit, or license is limited, suspended, or revoked
under section 3319.31 of the Revised Code:
(1) Any professional teacher's certificate issued under
former section 3319.222 of the Revised Code, as it existed prior
to the effective date of this section;
(2) Any temporary, associate, provisional, or professional
educator license issued under former section 3319.22 of the
Revised Code, as it existed prior to the effective date of this
section, or under division (A) of this section;
(3) Any alternative educator license issued under former
section 3319.26 of the Revised Code, as it existed prior to the
effective date of this section, or under division (A) of this
section;
(4) Any one-year conditional teaching permit issued under
former section 3319.302 or 3319.304 of the Revised Code, as it
existed prior to the effective date of this section, or under
division (A) of this section.
(D) Any school nurse license issued under former section
3319.22 of the Revised Code, as it existed prior to the effective
date of this section, or under division (A) of this section shall
be valid until the license expires for employment as a school
nurse, except as the license is limited, suspended, or revoked
under section 3319.31 of the Revised Code.
(E) Nothing in this section shall be construed to prohibit a
person from applying to the state board for an educator license
issued under section 3319.22 of the Revised Code, a school nurse
license or a school nurse wellness coordinator license issued
under section 3319.221 of the Revised Code, or an alternative
resident educator license issued under section 3319.26 of the
Revised Code, as the section exists on and after the effective
date of this section.
(F) On and after the effective date of this section, any
reference in the Revised Code to educator licensing is hereby
deemed to refer also to certification or licensure under divisions
(A) to (D) of this section.
Sec. 3319.223. (A) Not later than January 1, 2011, the
superintendent of public instruction and the chancellor of the
Ohio board of regents jointly shall establish the Ohio teacher
residency program, which shall be a four-year, entry-level program
for classroom teachers. The teacher residency program shall
include at least the following components:
(1) Mentoring by teachers who hold a lead professional
educator license issued under section 3319.22 of the Revised Code;
(2) Counseling to ensure that program participants receive
needed professional development;
(3) Use of measures of student academic gain to evaluate the
effectiveness of program participants;
(4) Measures of appropriate progression through the program.
(B) The teacher residency program shall be aligned with the
standards for teachers adopted by the state board of education
under section 3319.61 of the Revised Code and best practices
identified by the superintendent of public instruction.
(C) Each person who holds a resident educator license issued
under section 3319.22 of the Revised Code or an alternative
resident educator license issued under section 3319.26 of the
Revised Code shall participate in the teacher residency program.
Successful completion of the program shall be required to qualify
any such person for a professional educator license issued under
section 3319.22 of the Revised Code.
Sec. 3319.234. The teacher quality partnership, a consortium
of teacher preparation programs that have been approved by the
state board of education chancellor of the Ohio board of regents
under section 3319.23 3333.048 of the Revised Code, shall study
the relationship of teacher performance on educator licensure
assessments, as adopted by the state board of education under
section 3319.22 of the Revised Code, to teacher effectiveness in
the classroom. Not later than September 1, 2008, the partnership
shall begin submitting annual data reports along with any other
data on teacher effectiveness the partnership determines
appropriate to the governor, the president and minority leader of
the senate, the speaker and minority leader of the house of
representatives, the chairpersons and ranking minority members of
the standing committees of the senate and the house of
representatives that consider education legislation, the
superintendent of public instruction, the state board of
education, the chancellor of the Ohio board of regents, and the
partnership for continued learning.
Sec. 3319.235. (A) The standards for the preparation of
teachers adopted
under section 3319.23 3333.048 of the Revised
Code shall require any institution that
provides a course of study
for the training of teachers to ensure that
graduates of such
course of study are skilled at integrating educational
technology
in the instruction of children, as evidenced by the graduate
having
either demonstrated proficiency in such skills in a manner
prescribed by the
department of education or completed a course
that includes training in such
skills.
(B) The eTech Ohio commission shall
establish model
professional development programs to assist teachers who
completed
their
teacher preparation prior to the effective date of division
(A) of
this section to become skilled at integrating educational
technology in the
instruction of children. The commission shall
provide
technical assistance to
school districts wishing to
establish such programs.
Sec. 3319.24. This section does not apply to any applicant
for an educator
license that is designed for persons
specializing
in teaching children in kindergarten through
twelfth grade, or the
equivalent, in the area of dance, drama,
theater, music, visual
arts, or physical education or a
specialty area substantially
equivalent to any of these when such applicant
will be teaching
children in the specialty area specified in the license.
(A) As used in this section:
(1) "Coursework in the teaching of reading" means coursework
that
includes training in a range of instructional strategies for
teaching reading,
in the assessment of reading skills, and in the
diagnosis and remediation of
reading difficulties;
(2) "Phonics" means the techniques and strategies used to
teach children to
match, blend, and translate letters of the
alphabet into the sounds they
represent, which techniques and
strategies are systematically integrated and
thoroughly practiced
in a developmentally appropriate instructional program to
assist
the child in learning to read, write, and spell;
(3) "Course in the teaching of phonics" means a course
providing the
background necessary for effectively teaching and
assessing phonics, phonemic
awareness, and word recognition,
including, but not limited to, the following
topics:
(a) Phonological and morphological underpinnings of English
spellings and the
history thereof;
(b) The nature and role of word recognition in proficient
reading;
(c) Methods and rationale for the instruction of phonemic
awareness,
decoding, spelling, and the application thereof in
reading and writing;
(d) Methods and rationale for the assessment of phonemic
awareness,
decoding, spelling, and the application thereof in
reading and writing;
(e) The relation of deficits in phonemic awareness, decoding,
spelling, and
word recognition to reading disabilities;
(4) "Phonemic awareness" means the awareness of sounds that
make up spoken
words and the ability to use this awareness of
sounds in reading.
(B) The rules adopted under division (A) of section 3319.22
of the Revised
Code shall require an applicant for an initial
provisional a resident educator license
designated for teaching
children in grades kindergarten through six or the
equivalent to
have successfully completed at least six semester hours, or the
equivalent, of coursework in the teaching of reading that includes
at least
one separate course of at least three semester hours, or
the equivalent, in
the teaching of phonics in the context of
reading, writing, and spelling. In
addition, such rules shall
require that such license be granted for a period
of not more than
two four years, and shall require that the first renewal
subsequent issuance of such
a professional educator license be
contingent upon the license holder applicant having completed six
additional
semester hours or the equivalent of coursework in the
teaching of reading.
The rules shall permit a license holder an
applicant to apply undergraduate coursework in
order to meet such
renewal this requirement for additional coursework.
Sec. 3319.25. Any teacher performance assessment entity with
which the department of education or the state board of education
contracts or any independent agent with whom such entity,
the
department, or the state board contracts to provide services
as a
teacher performance assessor, trainer of assessors, or
assessment
coordinator is not liable for damages in a civil action
concerning
the actions of such entity or agent made in the conduct
of a
teacher performance assessment unless those actions were
conducted
with malicious purpose, in bad faith, or in a wanton or
reckless
manner.
As used in this section, "teacher performance assessment"
means an assessment prescribed by the state board of education to
measure the classroom performance of a teacher who is a candidate
for a professional educator license licensure based on
observations
conducted by a trained assessor while the teacher is
engaged in
actual classroom instruction.
Sec. 3319.26. (A) The state board of education shall adopt
rules
establishing the standards and requirements for obtaining an
alternative
resident educator license for teaching in
grades seven
four to
twelve, or the equivalent, in
a designated
subject area.
However,
an alternative resident educator license in the area of
intervention
specialist, as defined by rule of the state board,
shall be valid
for teaching in grades kindergarten to twelve.
(B)(1) The superintendent of public instruction and the
chancellor of the Ohio board of regents jointly shall develop an
intensive pedagogical training institute to provide instruction in
the principles and practices of teaching for individuals seeking
an alternative resident educator license. The instruction shall
cover such topics as student development and learning, pupil
assessment procedures, curriculum development, classroom
management, and teaching methodology.
(C) The rules adopted under this
section shall
require
applicants for the
alternative resident
educator license
to
satisfy the following conditions prior to
issuance of the
license:
(a)(1) Hold
a minimum of a
baccalaureate degree;
(b)(2) Successfully complete three
semester hours or the
equivalent of
college
coursework in the
developmental
characteristics of
adolescent
youths
and three
semester hours or
the equivalent in teaching
methods the pedagogical training
institute described in division (B) of this section;
(c)(3) Pass an
examination in the subject area for
which
application is
being
made.
(2)(D) An alternative resident educator license
shall be
valid for
two
four years and shall not be renewable.
(3)(E) The rules shall require the holder of an alternative
resident educator
license, as
a condition of continuing to hold
the license, to show
do all of the following:
(1) Participate in the Ohio teacher residency program
established under section 3319.223 of the Revised Code;
(2) Show satisfactory progress
in taking and successfully
completing within
two four years at least twelve
additional
semester hours, or the
equivalent, of college coursework in the
principles and practices
of teaching in such topics as student
development and
learning,
pupil assessment procedures, curriculum
development, classroom
management, and teaching methodology;
(3) Take an assessment of professional knowledge in the
second year of teaching under the license.
(C)(F) The rules shall provide for the granting of a
provisional
professional educator
license to a holder of an
alternative resident educator license
upon successfully
completing
all of the following:
(1) Two Four years of teaching under the alternative license;
(2) The twelve semester hours, or the
equivalent, of the
additional college coursework described in division (B)(3)(E)(2)
of this
section;
(3) The assessment of
professional knowledge that is
required of other applicants for a
provisional educator license
described in division (E)(3) of this section. The standards for
successfully
completing this
assessment and the manner of
conducting the
assessment shall be the same as
for any other
applicant for a
provisional educator license individual who is
required to take the assessment pursuant to rules adopted by the
state board under section 3319.22 of the Revised Code.
(4) The Ohio teacher residency program;
(5) All other requirements for a professional educator
license adopted by the state board under section 3319.22 of the
Revised Code.
Sec. 3319.261. An individual who otherwise qualifies for an
alternative resident educator license for employment as an
intervention
specialist as authorized under section 3319.26 of the
Revised Code
shall be issued such license without successful
completion of the examination specified in division
(B)(1)(c)(C)(3) of section 3319.26 of the Revised Code.
The
individual to whom the alternative resident educator license is
issued
under this section shall be required to successfully
complete that
examination prior to issuance of a provisional
professional educator license as
provided in division (C)(F) of
section 3319.26 of the Revised Code
only after completing the
coursework prescribed in division (B)(3)(E)(2) of
that section.
Sec. 3319.28. (A) As used in this section, "STEM school"
means a science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code.
(B) Notwithstanding any other provision of the Revised Code
or any rule adopted by the state board of education to the
contrary, the state board shall issue a two-year provisional
educator license for teaching science, technology, engineering,
or mathematics in grades six through twelve in a STEM
school to
any applicant who meets the following conditions:
(1) Holds a bachelor's degree from an accredited institution
of higher education in a field related to the subject area to be
taught;
(2) Has passed an examination prescribed by the state board
in the subject area to be taught.
(C) The holder of a provisional educator license issued under
this section shall complete a structured apprenticeship program
provided by an educational service center or a teacher preparation
program approved under section 3319.23 3333.048 of the Revised
Code, in
partnership with the STEM school that employs the
license holder.
The apprenticeship program shall include the
following:
(1) Mentoring by a teacher or administrator who regularly
observes the license holder's classroom instruction, provides
feedback on the license holder's teaching strategies and classroom
management, and engages the license holder in discussions about
methods for fostering and measuring student learning;
(2) Regularly scheduled seminars or meetings that address
the
following topics:
(a) The statewide academic standards adopted by the state
board under section 3301.079 of the Revised Code and the
importance of aligning curriculum with those standards;
(b) The achievement tests assessments prescribed by section
3301.0710 of
the Revised Code;
(c) The school district and building accountability system
established under Chapter 3302. of the Revised Code;
(d) Instructional methods and strategies;
(f) Assessing student progress and providing remediation and
intervention, as necessary, to meet students' special needs;
(g) Classroom management and record keeping.
(D) After two years of teaching under a provisional educator
license issued under this section, a person may apply for a
five-year professional educator license in the same subject area
named in the provisional license. The state board shall issue the
applicant a professional educator license if the applicant meets
the following conditions:
(1) The applicant completed the apprenticeship program
described in division (C) of this section.
(2) The applicant receives a positive recommendation
indicating that the applicant is an effective teacher from both of
the following:
(a) The chief administrative officer of the STEM school that
most
recently employed the applicant as a classroom teacher;
(b) The educational service center or teacher preparation
program administrator in charge of the apprenticeship program
completed by the applicant.
(3) The applicant meets all other requirements for a
professional educator license adopted by the state board under
section 3319.22 of the Revised Code.
(E) The department of education shall evaluate the
experiences of STEM schools with classroom teachers holding
provisional educator licenses issued under this section. The
evaluation shall cover the first two school years for which
licenses are issued and shall consider at least the schools'
satisfaction with the teachers and the operation of the
apprenticeship programs.
Sec. 3319.291. (A) The state board of
education shall
require each of the following persons, at the times prescribed by
division (A) of this section, to submit
two complete sets of
fingerprints and written permission that
authorizes the
superintendent of public instruction to forward
the fingerprints
to the bureau of criminal identification and
investigation
pursuant to division (F) of section 109.57 of the
Revised Code and
that authorizes that bureau to forward the
fingerprints to the
federal bureau of investigation for purposes
of obtaining any
criminal records that the federal bureau
maintains on the person:
(1) Any person initially applying for any certificate,
license, or permit described in this chapter or in division (B) of
section 3301.071 or in section 3301.074 of
the Revised Code at
the time that application is made;
(2) Any person applying for renewal of any certificate,
license, or permit described in division (A)(1) of this section at
the time that application is made;
(3) Any person who is teaching under a professional teaching
certificate issued under former section 3319.22 or under section
3319.222 of the Revised Code upon a date prescribed by the state
board;
(4) Any person who is teaching under a permanent teaching
certificate issued under former section 3319.22 as it existed
prior to October 29, 1996, or under former section
3319.222 of
the Revised Code upon a date prescribed by the state
board and
every five years thereafter.
(B) Except as provided in division (C) of this section, prior
to issuing or renewing any certificate, license, or permit
described in division (A)(1) or (2) of this section and in the
case of a person required to submit fingerprints and written
permission under division (A)(3) or (4) of this section, the state
board or the superintendent of
public instruction shall request
the superintendent of the bureau
of criminal identification and
investigation to investigate and determine whether the bureau has
any
information, gathered pursuant to division (A) of section
109.57
of the Revised Code, pertaining to any person submitting
fingerprints and written permission under this section and to
obtain any
criminal
records that the federal bureau of
investigation has on
the
person.
(C) The state board or the superintendent of public
instruction may choose not to request any information required by
division (B) of this section if the person applying for the
issuance or renewal of a certificate, license, or permit described
in division (A)(1) or (2) of this section or the person required
to submit fingerprints and written permission under division
(A)(3) or (4) of this section provides proof that a criminal
records check was conducted on the person as a condition of
employment pursuant to section 3319.39 of the Revised Code within
the immediately preceding year. The state board or the
superintendent of public instruction may accept a certified copy
of records that were issued by the bureau of criminal
identification and investigation and that are presented by a
person applying for the issuance or renewal of a certificate,
license, or permit described in this section in lieu of requesting
that information under division (B) of this section if the records
were issued by the bureau within the immediately preceding year.
(D)(1) If a person described in division (A)(3) or (4) of
this section fails to submit fingerprints and written permission
by the date specified in the applicable division, and the state
board or the superintendent of public instruction does not apply
division (C) of this section to the person, the superintendent
shall prepare a written notice stating that if the person does not
submit the fingerprints and written permission within fifteen days
after the date the notice was mailed, the person's professional or
permanent teaching certificate will be inactivated. The
superintendent shall send the notification by regular mail to the
person's last known residence address or last known place of
employment, as indicated in the department of education's records,
or both.
If the person fails to submit the fingerprints and written
permission within fifteen days after the date the notice was
mailed, the superintendent of public instruction, on behalf of the
state board, shall issue a written order inactivating the person's
professional or permanent teaching certificate. The inactivation
shall remain in effect until the person submits the fingerprints
and written permission. The superintendent shall send the order by
regular mail to the person's last known residence address or last
known
place of employment, as indicated in the department's
records, or
both. The order shall state the reason for the
inactivation and
shall explain that the inactivation remains in
effect until the
person complies with division (A) of this
section.
The inactivation of a professional or permanent teaching
certificate under division (D)(1) of this section does not
constitute a suspension or revocation of the certificate by the
state board under section 3319.31 of the Revised Code and the
state board and the superintendent of public instruction need not
provide the person with an opportunity for a hearing with respect
to the inactivation.
(2) If a person whose professional or permanent teaching
certificate has been inactivated under division (D)(1) of this
section submits fingerprints and written permission as required by
division (A) of this section, the superintendent of public
instruction, on behalf of the state board, shall issue a written
order reactivating the certificate. The superintendent shall send
the order to the person by regular mail.
(E) Notwithstanding divisions (A) and (B) of this section, if
a person holds more than one certificate, license, or permit
described in division (A)(1) of this section, the following shall
apply:
(1) If the certificates, licenses, or permits are of
different durations, the person shall be subject to divisions
(A)(2) and (B) of this section only when applying for renewal of
the certificate, license, or permit that is of the longest
duration. Prior to renewing any certificate, license, or permit
with a shorter duration, the state board or the superintendent of
public instruction shall determine whether the department of
education has received any information about the person pursuant
to section 109.5721 of the Revised Code, but the person shall not
be subject to division (A)(2) or (B) of this section as long as
the person's certificate, license, or permit with the longest
duration is valid.
(2) If the certificates, licenses, or permits are of the same
duration but do not expire in the same year, the person shall
designate one of the certificates, licenses, or permits as the
person's primary certificate, license, or permit and shall notify
the department of that designation. The person shall be subject to
divisions (A)(2) and (B) of this section only when applying for
renewal of the person's primary certificate, license, or permit.
Prior to renewing any certificate, license, or permit that is not
the person's primary certificate, license, or permit, the state
board or the superintendent of public instruction shall determine
whether the department has received any information about the
person pursuant to section 109.5721 of the Revised Code, but the
person shall not be subject to division (A)(2) or (B) of this
section as long as the person's primary certificate, license, or
permit is valid.
(3) If the certificates, licenses, or permits are of the same
duration and expire in the same year and the person applies for
renewal of the certificates, licenses, or permits at the same
time, the state board or the superintendent of public instruction
shall request only one criminal records check of the person under
division (B) of this section.
Sec. 3319.303. (A) The state board of education shall adopt
rules establishing standards and requirements for obtaining a
pupil-activity program permit for any individual who does not hold
a valid educator license, certificate, or permit issued by the
state board under section 3319.22, 3319.26, or 3319.27, 3319.302,
or 3319.304 of the Revised Code. The permit issued under this
section shall be valid for coaching, supervising, or directing a
pupil-activity program under section 3313.53 of the Revised Code.
Subject to the provisions of section 3319.31 of the Revised Code,
a permit issued under this section shall be valid for three years
and shall be renewable.
(B) The state board shall adopt rules applicable to
individuals who hold valid educator licenses, certificates, or
permits issued by the state board under section 3319.22, 3319.26,
or 3319.27, 3319.302, or 3319.304 of the Revised Code setting
forth standards to assure any such individual's competence to
direct, supervise, or coach a pupil-activity program. The rules
adopted under this division shall not be more stringent than the
standards set forth in rules applicable to individuals who do not
hold such licenses, certificates, or permits adopted under
division (A) of this section.
Sec. 3319.36. (A) No treasurer of a board of education or
educational
service center shall draw a check for the payment of a
teacher for services
until the teacher files with the treasurer
both of the
following:
(1) Such reports as are required by the state
board of
education, the school district board of education,
or the
superintendent of schools;
(2) Except for a teacher who is
engaged pursuant to section
3319.301 of the Revised Code, a
written statement from the city,
exempted
village, or local school district superintendent or
the
educational service center superintendent that the teacher has
filed with the
treasurer a legal educator license, or true copy of
it, to teach the
subjects or grades
taught, with the dates of its
validity. The state board of
education shall prescribe the record
and administration for such
filing of
educator licenses in
educational service centers.
(B)
Notwithstanding division (A) of this section,
the
treasurer may pay either of the following:
(1) Any teacher for services rendered during the first two
months of the teacher's initial employment with the school
district or
educational service center, provided such teacher is
the holder of a
bachelor's degree or higher and has filed with the
state board of education an
application for the issuance of a
provisional or professional an educator
license described in
division (A)(1) of section 3319.22 of the Revised Code.
(2) Any substitute teacher for services rendered while
conditionally
employed under section 3319.101 of the Revised Code.
(C) Upon notice to the treasurer given by the state board
of
education or any superintendent having jurisdiction that
reports
required of a
teacher have not been made, the treasurer
shall
withhold the salary of the
teacher until the required
reports are
completed and furnished.
Sec. 3319.41. (A)(1) Beginning September 1, 1994, and
except
as provided in division (C) of this section, no No person
employed
or engaged as a teacher, principal, administrator,
nonlicensed
school employee, or bus driver in a public or chartered nonpublic
school
may inflict or
cause to be inflicted corporal punishment
as a
means of discipline
upon a pupil attending such school,
unless
the board of education
of the school district in which the
school
is located adopts a
resolution no later than September 1,
1994,
to permit corporal
punishment as a means of discipline and
does
not adopt a
resolution prohibiting corporal punishment
pursuant
to division
(B) of this section. No board shall adopt a
resolution permitting
corporal punishment before receiving and
studying the report of
the local discipline task force appointed
under division (A)(2) of
this section.
(2) The board of education of each city, local, exempted
village, and joint vocational school district that has not
adopted
a rule prohibiting corporal punishment under section
3313.20 of
the Revised Code prior to the effective date of this
amendment
shall appoint, and any board that has adopted a rule
under that
section prior to the effective date of this amendment
may appoint,
no later than April 1, 1994, a local discipline task
force to
conduct a study of effective discipline measures that
are
appropriate for that school district. Members of the task
force
shall include teachers, administrators, nonlicensed
school
employees, school psychologists, members of the medical
profession, pediatricians when available, and representatives of
parents' organizations.
The task force shall hold meetings regularly. All meetings
of
the task force shall be open to the public and at least one of
the
meetings shall be for the purpose of inviting public
participation. The board of education shall provide public
notice
of any public meeting of the task force in newspapers or
other
periodicals of general circulation in the school district.
The
task force shall report its findings and recommendations in
writing to the board of education no later than July 15, 1994.
The
task force's written report must be available for inspection
by
the public at the board's offices for at least five years
after
being submitted to the board.
(B)(1) At any time after September 1, 1996, the board of
education of any city, local, exempted village, or joint
vocational school district in which corporal punishment is
permitted may adopt a resolution to prohibit corporal punishment.
After the adoption of a resolution prohibiting corporal
punishment
pursuant to division (B)(1) of this section, the board
of
education of any city, local, exempted village, or joint
vocational school district may adopt a resolution permitting
corporal punishment after complying with division (B)(3) of this
section.
(2) At any time after September 1, 1998, the board of
education of any city, local, exempted village, or joint
vocational school district that did not adopt a resolution
permitting corporal punishment as a means of discipline pursuant
to division (A)(1) of this section may adopt a resolution
permitting corporal punishment after complying with division
(B)(3) of this section.
(3)(a) The board of education of each city, local,
exempted
village, and joint vocational school district that
intends to
adopt a resolution permitting corporal punishment as a
means of
discipline pursuant to division (B)(1) or (2) of this
section may
adopt that resolution permitting corporal punishment
as a means of
discipline only after receiving and studying the
report of the
secondary local discipline task force appointed
under division
(B)(3)(b) of this section.
(b) Any board of education described in division (B)(1) or
(2) of this section that intends to adopt a resolution permitting
corporal punishment as a means of discipline shall appoint a
secondary local discipline task force to conduct a study of
effective discipline measures that are appropriate for that
school
district. Membership on the secondary local discipline
task force
shall consist of the same types of persons that are
required to be
included as members of the local discipline task
force pursuant to
division (A)(2) of this section. The secondary
local discipline
task force shall follow the same procedures with
respect to
holding meetings, the provision of public notice, and
the
production and inspection of a written report of findings and
recommendations that are applicable to the local discipline task
force pursuant to division (A)(2) of this section, except that
the
secondary local discipline task force is not required to
present
its written report to the board of education on a date
that is no
later than July 15, 1994.
(C) The prohibition of corporal punishment by division (A)
of
this section or by a resolution adopted under division (B) of
this
section does not prohibit the use of reasonable force or
restraint
in accordance with division (G) of this section.
(D) If the board of education of any city, local, exempted
village, or joint vocational school district does not prohibit
corporal punishment on the effective date of this amendment but
at
any time after that date corporal punishment will be
prohibited in
the district pursuant to division (A)(1) or (B) of
this section,
the board shall do both of the following prior to
the date on
which the prohibition takes effect:
(1) Adopt a disciplinary policy for the district that
includes alternative disciplinary measures;
(2) Consider what in-service training, if any, school
district employees might need as part of implementing the policy
adopted under division (D)(1) of this section.
(E) A person employed or otherwise engaged as a teacher,
principal, or administrator by a board of education permitting
corporal punishment pursuant to division (A)(1) of this section
or
by a nonpublic school, except as otherwise provided by the
governing authority of the nonpublic school, may inflict or cause
to be inflicted reasonable corporal punishment upon a pupil
attending the school to which the person is assigned whenever
such
punishment is reasonably necessary in order to preserve
discipline
while the student is subject to school authority.
(F) A board of education of a school district that permits
the use of corporal punishment as a means of discipline pursuant
to a resolution adopted by the board pursuant to division (A)(1)
of this section shall permit as part of its discipline policy the
parents, guardian, or custodian of a child that is attending any
school within the school district to request that corporal
punishment not be used as a means of discipline on that child;
upon the receipt of a request of that nature, shall ensure that
an
alternative disciplinary measure is applied with respect to
that
child; and shall include a procedure for the exercise of
that
option in the resolution adopted pursuant to division (A)(1)
of
this section.
(G) Persons employed or engaged as teachers, principals,
or
administrators in a school, whether public or private, and
nonlicensed school employees and school bus drivers may,
within
the scope of their employment, use and apply such amount
of force
and restraint as is reasonable and necessary to quell a
disturbance threatening physical injury to others, to obtain
possession of weapons or other dangerous objects upon the person
or within the control of the pupil, for the purpose of
self-defense, or for the protection of persons or property.
Sec. 3319.51. (A) The state board of education shall
annually establish the amount of the fees required to be paid
for
any license, certificate, or permit issued under this chapter or
division (B) of section 3301.071, under sections or section
3301.074,
3319.088,
3319.29, 3319.302, and 3319.304, and under
division (A) of section 3319.303 of the Revised
Code. The
amount
of these fees shall be such that they, along
with any
appropriation made to the fund established under
division (B) of
this section, will be sufficient to cover the
annual estimated
cost of administering the sections of law listed requirements
described
under division
(B) of this section.
(B) There is hereby established in the state treasury the
state board of education licensure fund, which shall be used
by
the state board of education solely to pay the cost of
administering requirements related to the issuance and renewal of
licenses, certificates, and permits described in this chapter and
sections 3301.071, and 3301.074,
3319.088, 3319.22,
3319.29,
3319.291, 3319.301,
3319.302, 3319.303, 3319.304, and 3319.31 of
the
Revised Code. The fund shall
consist of the amounts paid into
the
fund pursuant
to division (B) of section 3301.071, and
sections
3301.074,
3319.088,
and 3319.29, 3319.302, and 3319.304,
and
division (A) of section 3319.303 of the Revised Code
and
any
appropriations to the fund by the general assembly.
Sec. 3319.56. The department of education shall identify
promising practices in Ohio and throughout the country for
engaging teachers certified by the national board for professional
teaching standards, and other master lead teachers, as defined who
meet the criteria adopted by the educator standards board pursuant
to section 3319.61 of the Revised Code, in ways that add value
beyond their own classrooms. Practices identified by the
department as promising may include placing national board
certified and master lead teachers in key roles in peer review
programs; having such teachers serve as coaches, mentors, and
trainers for other teachers; or having such teachers develop
curricula or instructional integration strategies.
Once the department has identified promising practices, the
department shall inform all school districts of the practices by
posting such information on the department's world wide web site.
Sec. 3319.57. (A) A grant program is hereby established
under which the department of education shall award grants to
assist certain schools in a city, exempted village, local, or
joint vocational school district in implementing one of the
following innovations:
(1) The use of instructional specialists to mentor and
support classroom teachers;
(2) The use of building managers to supervise the
administrative functions of school operation so that a school
principal can focus on supporting instruction, providing
instructional leadership, and engaging teachers as part of the
instructional leadership team;
(3) The reconfiguration of school leadership structure in a
manner that allows teachers to serve in leadership roles so that
teachers may share the responsibility for making and implementing
school decisions;
(4) The adoption of new models for restructuring the school
day or school year, such as including teacher planning and
collaboration time as part of the school day;
(5) The creation of smaller schools or smaller units within
larger schools for the purpose of facilitating teacher
collaboration to improve and advance the professional practice of
teaching;
(6) The implementation of "grow your own" recruitment
strategies that are designed to assist individuals who show a
commitment to education become licensed teachers, to assist
experienced teachers obtain licensure in subject areas for which
there is need, and to assist teachers in becoming principals;
(7) The provision of better conditions for new teachers, such
as reduced teaching load and reduced class size;
(8) The provision of incentives to attract qualified
mathematics, science, or special education teachers;
(9) The development and implementation of a partnership with
teacher preparation programs at colleges and universities to help
attract teachers qualified to teach in shortage areas;
(10) The implementation of a program to increase the cultural
competency of both new and veteran teachers;
(11) The implementation of a program to increase the subject
matter competency of veteran teachers.
(B) To qualify for a grant to implement one of the
innovations described in division (A) of this section, a school
must meet both of the following criteria:
(1) Be hard to staff, as defined by the department.
(2) Use existing school district funds for the implementation
of the innovation in an amount equal to the grant amount
multiplied by (1 - the district's state share percentage for the
fiscal year in which the grant is awarded).
For purposes of division (B)(2) of this section, "state share
percentage" shall be as calculated under section 3317.022 of the
Revised Code, in the case of a city, local, or exempted village
school district, or as calculated under section 3317.16 has the
same meaning as in section 3306.02 of the Revised Code, in the
case of a joint vocational school district.
(C) The amount and number of grants awarded under this
section shall be determined by the department based on any
appropriations made by the general assembly for grants under this
section.
(D) The state board of education shall adopt rules for the
administration of this grant program.
Sec. 3319.60. There is hereby established the educator
standards board. The board shall develop and recommend to the
state board of education standards for entering and continuing in
the teaching and principalship educator professions and standards
for educator professional development. The board membership shall
reflect the diversity of the state in terms of gender, race,
ethnic background, and geographic distribution.
(A) The board shall consist of the following members:
(1) The following sixteen members appointed by the state
board of education within sixty days of the effective date of this
section:
(1)(a) Eight persons employed as teachers in a school
district. Two persons appointed under this division shall be
employed as teachers in a secondary school, two persons shall be
employed as teachers in a middle school, two persons shall be
employed as teachers in an elementary school, one person shall be
employed as a teacher in a pre-kindergarten classroom, and one
person shall be a teacher who serves on a local professional
development committee pursuant to section 3319.22 of the Revised
Code. At least one person appointed under this division shall hold
a teaching certificate or license issued by the national board for
professional teaching standards. The Ohio education association
shall submit a list of twelve nominees for these appointments and
the state board shall appoint six members to the educator
standards board from that list. The Ohio federation of teachers
shall submit a list of four nominees for these appointments and
the state board shall appoint two members to the educator
standards board from that list. If there is an insufficient number
of nominees from both lists to satisfy the membership requirements
of this division, the state board shall request additional
nominees who satisfy those requirements.
(2)(b) One person employed as a teacher in a chartered,
nonpublic school. Stakeholder groups selected by the state board
shall submit a list of two nominees for this appointment.
(3) Four (c) Five persons employed as school administrators
in a school district. Of the four those five persons appointed
under this division, one person shall be employed as a secondary
school principal, one person shall be employed as a middle school
principal, one person shall be employed as an elementary school
principal, one person shall be employed as a school district
treasurer or business manager, and one person shall be employed as
a school district superintendent. The buckeye association of
school administrators shall submit a list of two nominees for the
school district superintendent, the Ohio association of school
business officials shall submit a list of two nominees for the
school district treasurer or business manager, the Ohio
association of elementary school administrators shall submit a
list of two nominees for the elementary school principal, and the
Ohio association of secondary school administrators shall submit a
list of two nominees for the middle school principal and a list of
two nominees for the secondary school principal.
(4)(d) One person who is a member of a school district board
of education. The Ohio school boards association shall submit a
list of two nominees for this appointment.
(5) Three persons employed by institutions of higher
education that offer teacher preparation programs approved under
section 3319.23 of the Revised Code. One person appointed under
this division shall be employed by an institution of higher
education that has a certificate of authorization under Chapter
1713. of the Revised Code; one person shall be employed by a state
university, as defined in section 3345.011 of the Revised Code, or
a university branch; and one person shall be employed by a state
community college, community college, or technical college. Of the
two persons appointed under this division from an institution of
higher education that has a certificate of authorization under
Chapter 1713. of the Revised Code and from a state university or
university branch, one shall be employed in a college of education
and one shall be employed in a college of arts and sciences. The
chancellor of the Ohio board of regents shall submit two slates of
nominees for these appointments and the state board shall appoint
one slate as members of the educator standards board.
(6)(e) One person who is a parent of a student currently
enrolled in a school operated by a school district. The
Ohio
parent teacher association shall submit a list of two
nominees
for this appointment.
(2) The chancellor of the Ohio board of regents shall appoint
three persons employed by institutions of higher education that
offer teacher preparation programs. One person shall be employed
by an institution of higher education that has a certificate of
authorization under Chapter 1713. of the Revised Code; one person
shall be employed by a state university, as defined in section
3345.011 of the Revised Code, or a university branch; and one
person shall be employed by a state community college, community
college, or technical college. Of the two persons appointed from
an institution of higher education that has a certificate of
authorization under Chapter 1713. of the Revised Code and from a
state university or university branch, one shall be employed in a
college of education and one shall be employed in a college of
arts and sciences.
(3) The superintendent of public instruction or a designee of
the superintendent, the chancellor of the Ohio board of regents or
a designee of the chancellor, and the chairpersons and the ranking
minority members of the education committees of the senate and
house of representatives shall serve as nonvoting, ex officio
members.
(B) Initial terms of office for nine members shall be for two
years and three years for eight members, beginning on the day all
members are appointed to the board. At the first meeting of the
board, members shall draw lots to determine the length of the term
each member shall serve. Thereafter terms Terms of office shall be
for two years. Each member shall hold office from the date of the
member's appointment until the end of the term for which the
member was appointed. At the first meeting, appointed members
shall select a chairperson and a vice-chairperson. Vacancies on
the board shall be filled in the same manner as the original
prescribed for
appointments under division (A) of this section.
Any
member appointed to fill a vacancy occurring prior to the
expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of such term. Any
member shall continue in office subsequent to the expiration date
of the member's term until the member's successor takes office, or
until a period of sixty days has elapsed, whichever occurs first.
The terms of office of members are renewable.
(C) Members shall receive no compensation for their services.
(D) The board shall establish guidelines for its operation.
These guidelines shall require the creation of a standing
subcommittee on higher education, and shall permit the creation of
other standing subcommittees when necessary. The board shall
determine the membership of any subcommittee it creates. The board
may select persons who are not members of the board to participate
in the deliberations of any subcommittee as representatives of
stakeholder groups, but no such person shall vote on any issue
before the subcommittee.
Sec. 3319.61. (A) The educator standards board, in
consultation with the chancellor of the Ohio board of regents,
shall do all of the following:
(1) Develop state standards for teachers and principals that
reflect what teachers and principals are expected to know and be
able to do at all stages of their careers. These standards shall
be aligned with the statewide academic content standards for
students adopted pursuant to section 3301.079 of the Revised Code,
be primarily based on educator performance instead of years of
experience or certain courses completed, and rely on
evidence-based factors. These standards shall also be aligned with
the operational standards adopted under division (E) of section
3301.07 of the Revised Code.
(a) The standards for teachers shall reflect the following
additional criteria:
(i) Alignment with the interstate new teacher assessment and
support consortium standards;
(ii) Differentiation among novice, experienced, and advanced
teachers;
(iii) Reliance on competencies that can be measured;
(iv) Reliance on content knowledge, teaching skills,
discipline-specific teaching methods, and requirements for
professional development;
(v) Alignment with a career-long system of professional
development and evaluation that ensures teachers receive the
support and training needed to achieve the teaching standards as
well as reliable feedback about how well they meet the standards;
(vi) The standards under section 3301.079 of the Revised
Code, including standards on collaborative learning environments
and interdisciplinary, project-based real world learning,
differentiated instruction, and community service learning;
(vii) The Ohio leadership framework.
(b) The standards for principals shall be aligned with the
interstate school leaders licensing consortium standards.
(2) Develop standards for school district superintendents
that reflect what superintendents are expected to know and be able
to do at all stages of their careers. The standards shall reflect
knowledge of systems theory and effective management principles
and be aligned with the buckeye association of school
administrators standards and operational standards developed under
division (E) of section 3301.07 of the Revised Code.
(3) Develop standards for school district treasurers and
business managers that reflect what treasurers and business
managers are expected to know and be able to do at all stages of
their careers. The standards shall reflect knowledge of systems
theory and effective management principles and be aligned with the
association of school business officials international standards
and the operational standards developed under division (E) of
section 3301.07 of the Revised Code.
(4) Develop standards for the renewal of educator licenses
under section sections 3319.22 and 3301.074 of the Revised Code;
(3)(5) Develop standards for educator professional
development;
(6) Investigate and make recommendations for the creation,
expansion, and implementation of school building and school
district leadership academies.
The superintendent of public instruction, the chancellor of
the Ohio board of regents, or the education standards board itself
may request that the educator standards board update, review, or
reconsider any standards developed under this section.
(B) The educator standards board shall incorporate indicators
of cultural competency into the standards developed under division
(A) of this section. For this purpose, the educator standards
board shall develop a definition of cultural competency based upon
content and experiences that enable educators to know, understand,
and appreciate the students, families, and communities that they
serve and skills for addressing cultural diversity in ways that
respond equitably and appropriately to the cultural needs of
individual students.
(C) In developing the standards under division (A) of this
section, the educator standards board shall consider the impact of
the standards on closing the achievement gap between students of
different subgroups.
(D) In developing the standards under division (A) of this
section, the educator standards board shall ensure that both of
the following:
(1) That teachers and principals have sufficient knowledge to
provide appropriate instruction for students identified as gifted
pursuant to Chapter 3324. of the Revised Code and to assist in the
identification of such students, and have sufficient knowledge
that will enable teachers to provide learning opportunities for
all children to succeed;
(2) That principals, superintendents, school treasurers, and
school business managers have sufficient knowledge to provide
principled, collaborative, foresighted, and data-based leadership
that will provide learning opportunities for all children to
succeed.
(E) The standards for educator professional development
developed under division (A)(3)(5) of this section shall include
standards that address the crucial link between academic
achievement and mental health issues.
(F)
The educator standards board shall also perform the
following functions:
(1) Collaborate with colleges and universities that offer
teacher preparation programs approved pursuant to section 3319.23
of the Revised Code to align teacher and principal preparation
courses with the standards developed under division (A) of this
section and with student academic content standards adopted under
section 3301.079 of the Revised Code. The educator standards board
shall study the model developed by the college of food,
agricultural, and environmental sciences and the college of
education of the Ohio state university for aligning teacher
preparation programs in agricultural education with recognized
standards for this purpose.
(2) Monitor compliance with the teacher and principal
standards developed under division (A) of this section and make
recommendations to the state board of education for appropriate
corrective action if such standards are not met;
(3)(2) Research, develop, and recommend policies on the
professions of teaching and school administration;
(4)(3) Recommend policies to close the achievement gap
between students of different subgroups;
(5) Define a "master teacher" in a manner that can be used
uniformly by all school districts (4) Adopt criteria that a
candidate for a lead professional educator license under section
3319.22 of the Revised Code who does not hold a valid certificate
issued by the national board for professional teaching standards
must meet to be considered a lead teacher for purposes of division
(B)(4)(d) of that section. It is the intent of the general
assembly that when defining "master teacher," the educator
standards board shall adopt multiple, equal-weighted criteria to
use in determining whether a person is a master lead teacher. Such
The criteria shall be in addition to the other standards and
qualifications prescribed in division (B)(4) of section 3319.22 of
the Revised Code. The criteria may include, but shall not be
limited to, attainment of a master's degree in an appropriate
subject area, completion of other educational levels beyond a
master's degree or other professional development courses,
certification by the national board for professional teaching
standards, or demonstration of a leadership role in the teacher's
school building or district. The board shall determine the number
of criteria that a teacher shall satisfy to be recognized as a
master lead teacher, which shall not be the total number of
criteria adopted by the board.
(5) Develop model teacher and principal evaluation
instruments and processes. The models shall be based on the
standards developed under division (A) of this section and student
performance over time as determined by value-added data and other
demonstrations of students' skills and abilities.
(G) The educator standards board shall submit recommendations
of standards developed under division (A) of this section to the
state board of education within one year after the educator
standards board first convenes not later than September 1, 2010.
The state board of education shall review those recommendations at
the state board's regular meeting that next succeeds the date that
the recommendations are submitted to the state board. At that
meeting, the state board of education shall vote to either adopt
standards based on those recommendations or request that the
educator standards board reconsider its recommendations. The state
board of education shall articulate reasons for requesting
reconsideration of the recommendations but shall not direct the
content of the recommendations. The educator standards board shall
reconsider its recommendations if the state board of education so
requests, may revise the recommendations, and shall resubmit the
recommendations, whether revised or not, to the state board not
later than two weeks prior to the state board's regular meeting
that next succeeds the meeting at which the state board requested
reconsideration of the initial recommendations. The state board of
education shall review the recommendations as resubmitted by the
educator standards board at the state board's regular meeting that
next succeeds the meeting at which the state board requested
reconsideration of the initial recommendations and may adopt the
standards as resubmitted or, if the resubmitted standards have not
addressed the state board's concerns, the state board may modify
the standards prior to adopting them. The final responsibility to
determine whether to adopt standards as described in division (A)
of this section and the content of those standards, if adopted,
belongs solely to the state board of education.
Sec. 3319.611. The subcommittee on standards for
superintendents of the
education standards board is hereby
established. The subcommittee
shall consist of the following
members:
(A) The school district superintendent appointed to the
educator standards board under section 3319.60 of the Revised
Code, who shall act as chairperson of the subcommittee;
(B) Three additional school district superintendents
appointed by the state board of education, for terms of two years.
The buckeye association of school administrators shall submit a
list of six nominees for appointments under this section.
(C) Three additional members of the educator standards board,
appointed by the chairperson of the educator standards board;
(D) The superintendent of public instruction and the
chancellor of the Ohio board of regents, or their designees, who
shall serve as nonvoting, ex officio members of the subcommittee.
Members of the subcommittee shall receive no compensation for
their services. The members appointed under divisions (B) and
(C)
of this section may be reappointed.
The subcommittee shall assist the educator standards board in
developing the standards for superintendents and with any
additional matters the educator standards board directs the
subcommittee to examine.
Sec. 3319.612. The subcommittee on standards for school
treasurers and
business managers of the educator standards board
is hereby
established. The subcommittee shall consist of the
following
members:
(A) The school district treasurer or business manager
appointed to the educator standards board under section 3319.60 of
the Revised Code, who shall act as chairperson of the
subcommittee;
(B) Three additional school district treasurers or business
managers appointed by the state board of education for terms of
two years. The Ohio association of school business officials shall
submit a list of six nominees for appointments under this section.
(C) Three additional members of the educator standards board,
appointed by the chairperson of the educator standards board;
(D) The superintendent of public instruction and the
chancellor of the Ohio board of regents, or their designees, who
shall serve as nonvoting, ex officio members of the subcommittee.
Members of the subcommittee shall receive no compensation for
their services. The members appointed under divisions (B) and
(C)
of this section may be reappointed.
The subcommittee shall assist the educator standards board in
developing the standards for school treasurers and business
managers and with any additional matters the educator standards
board directs the subcommittee to examine.
Sec. 3319.63. The board of education of a school district
that employs any person who is appointed to serve as a member of
the educator standards board under division (A)(1)(a) or (3)(c) of
section 3319.60, as a member of the subcommittee on standards for
superintendents under division (B) or (C) of section 3319.611, or
as a
member of the subcommittee on standards for school
treasurers and
business managers under division (B) or (C) of
section 3319.612 of the
Revised Code shall grant that person paid
professional leave for
the purpose of attending meetings and
conducting official business
of the educator standards board and
the subcommittees.
Sec. 3319.70. (A) The school health services advisory council
is
hereby established. The council shall consist of the following
members:
(1) A registered nurse licensed under Chapter 4723. of the
Revised Code who also is licensed as a school nurse pursuant to
section 3319.221 or former section 3319.22 of the Revised Code and
is a member of the Ohio association of school nurses, appointed by
the governor;
(2) A licensed practical nurse licensed under Chapter 4723.
of the Revised Code who is employed by a school district or a
community school established under Chapter 3314. of the Revised
Code, appointed by the governor;
(3) A representative of the Ohio board of nursing, appointed
by the governor;
(4) A representative of the department of health who has
expertise in school and adolescent health services, appointed by
the director of health;
(5) A representative of the department of education,
appointed by the superintendent of public instruction;
(6) A representative of the chancellor of the Ohio board of
regents, appointed by the chancellor;
(7) A representative of a nurse education program, appointed
by the chancellor;
(8) A representative of the department of development who has
expertise in workforce development, appointed by the director of
development;
(9) A representative of the department of job and family
services who has expertise in child and adolescent care, appointed
by the director of job and family services.
(B) Initial appointments to the council shall be made within
thirty days after the effective date of this section. Members of
the council shall serve at the pleasure of their appointing
authorities. Vacancies shall be filled in the same manner as the
original appointment. Members shall receive no compensation for
their services, except to the extent that service on the council
is part of their regular employment duties.
(C) The representative of the department of education shall
call the first meeting of the council. At that meeting, the
members shall select a chairperson and vice-chairperson.
Subsequent meetings of the council shall be held at the call of
the chairperson.
Sec. 3319.71. (A) The school health services advisory council
shall make recommendations on the following topics:
(1) The content of the course of instruction required to
obtain a school nurse license under section 3319.221 of the
Revised Code;
(2) The content of the course of instruction required to
obtain a school nurse wellness coordinator license under section
3319.221 of the Revised Code;
(3) Best practices for the use of school nurses and school
nurse wellness coordinators in providing health and wellness
programs for students and employees of school districts, community
schools established under Chapter 3314. of the Revised Code, and
STEM schools established under Chapter 3326. of the Revised Code.
(B) The council shall issue its initial recommendations not
later than March 31, 2010, and may issue subsequent
recommendations as it considers necessary. Copies of all
recommendations shall be provided to the state board of education,
the chancellor of the Ohio board of regents, the Ohio board of
nursing, and the health care leverage and quality council.
Sec. 3321.01. (A)(1) As used in this chapter,
"parent,"
"guardian," or
"other person having charge or care of a child"
means either parent unless the parents are separated or divorced
or their marriage has been dissolved or annulled, in which case
"parent" means the parent who is the residential parent and legal
custodian of the child. If the child is in the legal or
permanent
custody of a person or government agency,
"parent"
means that
person or government agency. When a child is a
resident of a
home,
as defined in section 3313.64 of the Revised
Code, and the
child's
parent is not a resident of this state,
"parent,"
"guardian," or
"other person having charge or care of a child"
means
the head of
the home.
A child between six and eighteen years of age is
"of
compulsory school age" for the purpose of sections 3321.01 to
3321.13 of the Revised Code. A child under six years of age who
has been
enrolled in kindergarten also shall be considered
"of
compulsory school age"
for the purpose of sections 3321.01 to
3321.13 of the Revised Code unless at
any time the child's parent
or guardian, at the parent's or guardian's
discretion and in
consultation with the child's teacher and principal,
formally
withdraws the child from kindergarten. The compulsory school age
of
a
child shall not commence until the beginning of the term of
such
schools, or other time in the school year fixed by the rules
of
the board of the district in which the child resides.
(2) No child shall be admitted to a kindergarten or a first
grade of a public school in a district in which all children are
admitted to kindergarten and the first grade in August or
September unless the child is five or six years of age,
respectively, by
the thirtieth day of September
of the year of
admittance, or by
the first day of a term or semester other than
one beginning in
August or September in school districts granting
admittance at
the beginning of such term or semester, except that
in those
school districts using or obtaining educationally
accepted
standardized testing programs for determining entrance,
as
approved by the board of education of such districts, the board
shall admit a child to kindergarten or the first grade who fails
to
meet the age requirement, provided the child meets necessary
standards as determined by such standardized testing programs.
If
the board of education has not established a standardized
testing
program, the board shall designate the necessary
standards and a
testing program it will accept for the purpose of
admitting a
child to kindergarten or first grade who fails to
meet the age
requirement. Each child who will be the proper age
for entrance
to
kindergarten or first grade by the first day of
January of the
school year for which admission is requested shall
be so tested
upon the request of the child's parent.
(3) Notwithstanding divisions (A)(2) and (D) of
this
section,
beginning with the school year that starts in 2001 and
continuing
thereafter the board of education of any district may
adopt a
resolution establishing the first day of August in lieu of
the
thirtieth day of September as the required date by which
students
must have attained the age specified in those divisions.
(B) As used in divisions (C) and (D) of this section,
"successfully completed kindergarten" and
"successful completion
of kindergarten" mean that the child has completed the
kindergarten requirements at one of the following:
(1) A public or chartered nonpublic school;
(2) A kindergarten class that is both of the following:
(a) Offered by a day-care provider licensed under Chapter
5104. of the Revised Code;
(b) If offered after July 1, 1991, is directly taught by a
teacher who holds one of the following:
(i) A valid educator license issued under
section 3319.22 of
the Revised Code;
(ii) A Montessori preprimary credential or age-appropriate
diploma granted by the American Montessori society or the
association Montessori internationale;
(iii) Certification determined under division (G) of this
section to be equivalent to that described in division
(B)(2)(b)(ii) of this section;
(iv) Certification for teachers in nontax-supported
schools
pursuant to section 3301.071 of the Revised Code.
(C) Except as provided in division (D) of this section, no
school district shall admit to the first grade any child who has
not successfully completed kindergarten.
(D) Upon request of a parent, the requirement of division
(C)
of this section may be waived by the district's pupil
personnel
services committee in the case of a child who is at
least six
years of age by the thirtieth day of
September of the
year of
admittance and who demonstrates to the satisfaction of
the
committee the possession of the social,
emotional, and cognitive
skills necessary for first grade.
The board of education of each city, local, and exempted
village school district shall establish a pupil personnel
services
committee. The committee shall be composed of all of
the
following
to the extent such personnel are either employed by
the
district
or employed by the governing board of
the educational
service
center within
whose territory the district is located and
the
educational service center generally furnishes the services of
such personnel to the district:
(1) The director of pupil personnel services;
(2) An elementary school counselor;
(3) An elementary school principal;
(4) A school psychologist;
(5) A teacher assigned to teach first grade;
(6) A gifted coordinator.
The responsibilities of the pupil personnel services
committee shall be limited to the issuing of waivers allowing
admittance to the first grade without the successful completion
of
kindergarten. The committee shall have no other authority
except
as specified in this section.
(E) The scheduling of times for kindergarten classes and
length of the school day for kindergarten shall be determined by
the board of education of a city, exempted village, or local
school district.
(F) Any kindergarten class offered by a day-care provider
or
school described by division (B)(1) or (B)(2)(a) of this
section
shall be developmentally appropriate.
(G) Upon written request of a day-care provider described
by
division (B)(2)(a) of this section, the department of
education
shall determine whether certification held by a teacher
employed
by the provider meets the requirement of division
(B)(2)(b)(iii)
of this section and, if so, shall furnish the
provider a statement
to that effect.
(H) As used in this division, "all-day
kindergarten" has the
same meaning as in section 3317.029 of the
Revised Code.
(1) Any school district that is not eligible to receive
poverty-based assistance for all-day kindergarten under division
(D) of section 3317.029 of the Revised Code may charge fees or
tuition for students enrolled in all-day kindergarten. If a
district charges fees or tuition for all-day kindergarten under
this division, the district shall develop a sliding fee scale
based
on family incomes.
(2) The department of education shall conduct an annual
survey of each school district described in division (H)(1) of
this section to determine the following:
(a) Whether the district charges fees or tuition for students
enrolled in all-day kindergarten;
(b) The amount of the fees or tuition charged;
(c)(1) How many of the students for whom tuition is charged
are
eligible for free lunches under the "National School Lunch
Act,"
60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the
"Child
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as
amended,
and how many of the students for whom tuition is charged
are
eligible for reduced price lunches under those acts;
(d)(2) How many students are enrolled in traditional half-day
kindergarten rather than and how many students are enrolled in
all-day kindergarten, as defined in section 3321.05 of the Revised
Code.
Each district shall report to the department, in the manner
prescribed by the department, the information described in
divisions (H)(2)(a) to (d) of this section required by this
division.
The department shall issue an annual report on the results of
the survey and shall post the report on its web site. The
department shall issue the first report not later than April 30,
2008, and shall issue a report not later than the thirtieth day of
April each year thereafter.
Sec. 3321.05. (A) As used in this section, "all-day
kindergarten" means a kindergarten class that is in session five
days per week for not less than the same number of clock hours
each day as for students in grades one through six.
(B) Any school district may operate all-day kindergarten or
extended kindergarten, but no beginning in fiscal year 2011, each
city, local, and exempted village school district shall provide
all-day kindergarten to each student enrolled in kindergarten,
except as specified in divisions (C) and (D) of this section.
(C) The board of education of a school district may apply to
the superintendent of public instruction for a waiver of the
requirement to provide all-day kindergarten for all kindergarten
students. In making the determination to grant or deny the waiver,
the state superintendent may consider space concerns or
alternative delivery approaches used by the school district.
(D) No district shall require any student
to attend
kindergarten for more than one-half of the number of clock hours
required each day for traditional kindergarten grades one through
six by the minimum
standards adopted under division (D) of section
3301.07 of the
Revised Code. Each school district
that operates
all-day or extended kindergarten shall accommodate
kindergarten
students whose parents or guardians elect to enroll them for
one-half of the
minimum number of hours required each day for
grades one through six.
Sec. 3323.05. The state board of education shall establish
procedures to ensure that children with
disabilities and their
parents
are guaranteed procedural
safeguards under this
chapter
with respect to a free appropriate
public education.
The procedures shall include, but need not be limited to:
(A) An opportunity for the parents of a child with a
disability to examine all
records related to the child
and to
participate in meetings with respect to identification,
evaluation,
and educational placement of the child, and to
obtain an independent educational evaluation
of the child;
(B) Procedures to protect the rights of the child
whenever
the
parents of the child are not
known, an agency after making
reasonable efforts cannot find the
parents, or the
child is a
ward of the state, including the
assignment, in
accordance with
section 3323.051 of the Revised
Code, of an
individual to act as
a surrogate for the parents;
made by the school district or other
educational agency responsible for educating the child or by the
court with jurisdiction over the child's custody. Such assignment
shall be made in accordance with section 3323.051 of the Revised
Code.
(C) Prior written notice to the child's parents of
a
school
district's proposal or refusal to initiate or change the
identification,
evaluation, or educational placement of the child
or the provision of a free appropriate education for the
child.
The procedures established under this division shall:
(1) Be designed to ensure that the written prior notice is in
the native language of the parents, unless it clearly is not
feasible to do so.
(2) Specify that the prior written notice shall include:
(a) A description of the action proposed or refused by the
district;
(b) An explanation of why the district proposes or refuses to
take the action and a description of each evaluation procedure,
assessment, record, or report the district used as a basis for the
proposed or refused action;
(c) A statement that the parents of a child with a disability
have protection under the procedural safeguards and, if the notice
is not in regard to an initial referral for evaluation, the means
by which a copy of a description of the procedural safeguards can
be obtained;
(d) Sources for parents to contact to obtain assistance in
understanding the provisions of Part B of the "Individuals with
Disabilities Education Improvement Act of 2004";
(e) A description of other options considered by the IEP team
and the reason why those options were rejected;
(f) A description of the factors that are relevant to the
agency's proposal or refusal.
(D) An opportunity for the child's parents to
present
complaints to the superintendent of the child's school
district
of residence with respect to any matter relating to the
identification, evaluation, or
educational placement of the child,
or the provision of a free appropriate public
education under
this chapter.
Within twenty school days after receipt of a complaint, the
district superintendent or the superintendent's designee, without
undue delay and at a time and place convenient to all parties,
shall review the case, may conduct an administrative review, and
shall notify all parties in writing of the superintendent's or
designee's decision. Where the child is placed in a program
operated by a county MR/DD board or other educational agency, the
superintendent shall consult with the administrator of that county
MR/DD board or agency.
Any party aggrieved by the decision of the district
superintendent or the superintendent's designee may file a
complaint with the state board as provided under division (E) of
this section, request mediation as provided under division (F) of
this section, or present a due process complaint notice and
request for a due process hearing in writing to the superintendent
of the district, with a copy to the state board, as provided under
division (G) of this section.
(E) An opportunity for a party to file a complaint with the
state board of education with respect to the identification,
evaluation, or educational placement of the child, or the
provision of a free appropriate public education to such child.
The department of education shall review and, where appropriate,
investigate the complaint and issue findings.
(F) An opportunity for parents and a school district to
resolve through mediation disputes involving any matter.
(1) The procedures established under this section shall
ensure that the mediation process is voluntary on the part of the
parties, is not used to deny or delay a parent's right to a due
process hearing or to deny any other rights afforded under this
chapter, and is conducted by a qualified and impartial mediator
who is trained in effective mediation techniques.
(2) A school district may establish procedures to offer to
parents and schools that choose not to use the mediation process,
an opportunity to meet, at a time and location convenient to the
parents, with a disinterested party to encourage the use, and
explain the benefits, of the mediation process to the parents. The
disinterested party shall be an individual who is under contract
with a parent training and information center or community parent
resource center in the state or is under contract with an
appropriate alternative dispute resolution entity.
(3) The department shall maintain a list of individuals who
are qualified mediators and knowledgeable in laws and regulations
relating to the provision of special education and related
services.
(4) The department shall bear the cost of the mediation
process, including the costs of meetings described in division
(F)(2) of this section.
(5) Each session in the mediation process shall be scheduled
in a timely manner and shall be held in a location that is
convenient to the parties to the dispute.
(6) Discussions that occur during the mediation process shall
be confidential and shall not be used as evidence in any
subsequent due process hearing or civil proceeding.
(7) In the case that a resolution is reached to resolve the
complaint through the mediation process, the parties shall execute
a legally binding agreement that sets forth the resolution and
that:
(a) States that all discussions that occurred during the
mediation process shall be confidential and shall not be used as
evidence in any subsequent due process hearing or civil
proceeding;
(b) Is signed by both the parent and a representative for the
school district who has the authority to bind the district;
(c) Is enforceable in any state court of competent
jurisdiction or in a district court of the United States.
(G)(1) An opportunity for parents or a school district to
present a due process complaint and request for a due process
hearing to the superintendent of the school district of the
child's residence with respect to the identification, evaluation,
or educational placement of the child, or the provision of a free
appropriate public education to the child. The party presenting
the due process complaint and request for a due process hearing
shall provide due process complaint notice to the other party and
forward a copy of the notice to the state board. The due process
complaint notice shall include:
(a) The name of the child, the address of the residence of
the child, or the available contact information in the case of a
homeless child, and the name of the school the child is attending;
(b) A description of the nature of the problem of the child
relating to the proposed initiation or change, including facts
relating to the problem;
(c) A proposed resolution of the problem to the extent known
and available to the party at the time.
A party shall not have a due process hearing until the party,
or the attorney representing the party, files a notice that meets
the requirement for filing a due process complaint notice.
A due process hearing shall be conducted by an impartial
hearing officer in accordance with standards and procedures
adopted by the state board. A hearing officer shall not be an
employee of the state board or any agency involved in the
education or care of the child or a person having a personal or
professional interest that conflicts with the person's objectivity
in the hearing. A hearing officer shall possess knowledge of, and
the ability to understand, the provisions of the "Individuals with
Disabilities Education Improvement Act of 2004," federal and state
regulations pertaining to that act, and legal interpretations of
that act by federal and state courts; possess the knowledge and
ability to conduct hearings in accordance with appropriate
standard legal practice; and possess the knowledge and ability to
render and write decisions in accordance with appropriate standard
legal practice. The due process requirements of section 615 of the
"Individuals with Disabilities Education Improvement Act of 2004,"
20 U.S.C. 1415, apply to due process complaint notices and
requests for due process hearings and to due process hearings held
under division (G) of this section, including, but not limited to,
timelines for requesting hearings, requirements for sufficient
complaint notices, resolution sessions, and sufficiency and
hearing decisions.
(2) Discussions that occur during a resolution session shall
be confidential and shall not be used as evidence in any
subsequent due process hearing or civil proceeding. If a
resolution to the dispute is reached at a resolution session, the
parties must execute a legally binding written settlement
agreement which shall state that all discussions that occurred
during the resolution process shall be confidential and shall not
be used as evidence in any subsequent due process hearing or civil
proceeding.
(3) A party to a hearing under division (G) of this
section
shall be accorded:
(a) The right to be accompanied and advised by counsel and
by
individuals with special knowledge or training with respect to
the
problems of children with disabilities;
(b) The right to present evidence and confront,
cross-examine, and compel the attendance of witnesses;
(c) The right to a written or electronic verbatim record
of
the hearing;
(d) The right to written findings of fact and decisions,
which findings of fact and decisions shall be made available to
the public consistent with the requirements relating to the
confidentiality of personally identifiable data, information, and
records collected and maintained by state educational agencies and
local educational agencies; and shall be transmitted to the
advisory panel established and maintained by the department for
the purpose of providing policy guidance with respect to special
education and related services for children with disabilities in
the state.
(H) An opportunity for any party aggrieved by the findings
and decision rendered in a hearing under division (G) of this
section to appeal within forty-five days of notification of the
decision to the state board, which shall appoint a
state level
officer who shall review the case and issue
a final
order. The
state level officer shall be
appointed and shall review
the case
in accordance with standards
and procedures adopted by
the state
board.
Any party aggrieved by the final order of the
state
level
officer may appeal the final order, in accordance with
Chapter
119. of the Revised Code, within forty-five days
after
notification of the order to the court of common pleas of the
county in which the child's school district of residence is
located, or to a district
court of the United States within
ninety days after the date of
the decision of the state level
review officer, as provided in
section 615(i)(2) of the
"Individuals with Disabilities Education
Improvement Act of
2004," 20 U.S.C. 1415(i)(2).
Sec. 3323.091. (A) The department of mental health, the
department of mental retardation and developmental disabilities,
the department of youth services, and the department of
rehabilitation and correction shall establish and maintain
special
education programs for children with disabilities in
institutions
under
their jurisdiction according to standards
adopted by the
state
board of education.
(B) The superintendent of
each state institution required to
provide services under division (A) of this section, and each
county MR/DD board,
providing special education for
preschool
children with disabilities under this chapter
may apply
to the
state department of education for unit funding,
which shall
be
paid in accordance with sections
3317.052
and
3317.053 of the
Revised Code.
The superintendent of each state institution required to
provide services under division (A) of this section may apply to
the department of education for special education and related
services weighted funding for children with
disabilities other
than preschool children with
disabilities, calculated in
accordance with section 3317.201 of
the Revised Code.
Each county MR/DD board providing special education for
children with disabilities other than
preschool children with
disabilities may apply to the department
of education for base
cost and special education and related
services weighted funding
calculated in accordance with section
3317.20 of the Revised
Code.
(C) In addition to the authorization to apply for state
funding described in division (B) of this section, each state
institution required to provide services under division (A) of
this section is entitled to tuition payments calculated in the
manner described in division (C) of this section.
On or before the thirtieth day of June of each year,
the
superintendent of each institution that during the school
year
provided special education pursuant to this section shall
prepare
a statement for each child with a disability under
twenty-two
years of
age who has received special education. The
statement
shall
contain the child's data verification code
assigned
pursuant to division (D)(2) of section 3301.0714 of the
Revised
Code and the name of the child's school
district of
residence.
Within sixty days after receipt of such
statement, the
department
of education shall perform one of the
following:
(1) For any child except a preschool child
with a
disability
described in division (C)(2) of this section, pay to
the
institution submitting the statement an amount equal to the
tuition calculated under division (A) of section 3317.08 of the
Revised Code for the period covered by the statement, and deduct
the same from the amount of state funds, if any, payable under
sections 3317.022 3306.13 and 3317.023 of the Revised Code, to the
child's
school district of residence or, if the amount of such
state funds
is insufficient, require the child's school district
of residence
to pay the institution submitting the statement an
amount equal to
the amount determined under this division.
(2) For any preschool child with a disability not
included
in a
unit approved under division (B) of section 3317.05
of the
Revised
Code, perform the following:
(a) Pay to the institution submitting the statement an
amount
equal to the tuition calculated under division (B) of
section
3317.08 of the Revised Code for the period covered by the
statement, except that in calculating the tuition under that
section the operating expenses of the institution submitting the
statement under this section shall be used instead of the
operating expenses of the school district of residence;
(b) Deduct from the amount of state funds, if any, payable
under sections 3317.022 3306.13 and 3317.023 of the Revised Code
to the
child's school district of residence an amount equal to the
amount
paid under division (C)(2)(a) of this section.
Sec. 3323.14. This section does not apply to any
preschool
child with a disability except if included in a unit
approved
under division (B) of section 3317.05 of the Revised
Code.
(A) Where a child who is a school resident of one school
district receives special education from another district and the
per capita cost to the educating district for that
child exceeds
the sum of the amount received by the
educating district for that
child under
division (A) of
section 3317.08 of the Revised Code
and the amount
received by the district from the state board of
education for that
child, then the board of
education of the
district of residence shall pay to the
board of the school
district that is providing the special
education such excess cost
as is determined by using a
formula approved by the department of
education and agreed upon in
contracts entered into by the boards
of the districts concerned at
the time the district
providing
such special education accepts
the child for enrollment.
The
department shall
certify the amount of the
payments under Chapter
Chapters 3306. and
3317. of the
Revised Code for such
pupils
with disabilities for
each school year
ending
on the thirtieth
day of July.
(B) In the case of a child described in division (A) of this
section who has been placed in a home, as defined in section
3313.64 of the Revised Code, pursuant to the order of a court and
who is not subject to section 3323.141 of the Revised Code, the
district providing the child with special education and related
services may charge to the child's district of residence the
excess cost determined by formula approved by the department,
regardless of whether the district of residence has entered into a
contract with the district providing the services. If the district
providing the services chooses to charge excess costs, the
district may report the amount calculated under this division to
the department.
(C) If a district providing special education for a child
reports an amount for the excess cost of those services, as
authorized and calculated under division (A) or (B) of this
section, the department shall pay that amount of excess cost to
the district providing the services and shall deduct that amount
from the child's district of residence in accordance with division
(N) of section 3317.023 of the Revised Code.
Sec. 3323.142. This section does not apply to any
preschool
child with a disability except if included
in a unit approved
under division (B) of section 3317.05 of the
Revised Code.
As used in this section, "per pupil amount" for a
preschool
child with a disability included in such an approved
unit means
the
amount determined by dividing the amount received
for the
classroom unit in which the child has been placed by the
number of
children in the unit. For any other child, "per pupil
amount"
means the
amount paid for the child under section 3317.20
of the
Revised
Code.
When a school district places or has placed a child with a
county MR/DD board for special education, but another district is
responsible for tuition under section 3313.64 or 3313.65 of the
Revised Code and the child is not a resident of the territory
served by the county MR/DD board, the board may charge the
district responsible for tuition with the educational costs in
excess of the per pupil amount received by the board under
Chapter
Chapters 3306. and
3317. of the Revised Code. The amount of the
excess cost
shall be
determined by the formula established by
rule of the
department of
education under section 3323.14 of the
Revised
Code, and the
payment for such excess cost shall be made
by the
school district
directly to the county MR/DD board.
A school district board of education and the county MR/DD
board that serves the school district may negotiate and contract,
at or after the time of placement, for payments by the board of
education to the county MR/DD board for additional services
provided to a child placed with the county MR/DD board and whose
individualized education program established pursuant to section
3323.08 of the Revised Code requires additional services that are
not routinely provided children in the county MR/DD board's
program but are necessary to maintain the child's enrollment and
participation in the program. Additional services may include,
but
are not limited to, specialized supplies and equipment for
the
benefit of the child and instruction, training, or assistance
provided by staff members other than staff members for which
funding is received under
Chapter 3306. or 3317. of the Revised
Code.
Sec. 3324.05. (A) Each school district shall submit an
annual
report to the department of education specifying the number
of students in
each of grades kindergarten through
twelfth
screened, the number assessed, and the number identified
as gifted
in each category specified in section
3324.03 of the Revised Code.
(B) The department of education shall audit each school
district's identification numbers at least once every three years
and may
select any district at random or
upon complaint or
suspicion of noncompliance for a further audit to determine
compliance with sections 3324.03
to 3324.06 of the Revised Code.
(C) The department shall provide technical assistance to any
district found in noncompliance under division (B) of this
section. The department may reduce funds received by the district
under
Chapter Chapters 3306. and 3317. of the Revised Code by any
amount if
the
district continues to be noncompliant.
Sec. 3325.01. The state school for the deaf and the state
school for the
blind shall be under the control and supervision of
the state board of
education. On the recommendation of the
superintendent of public instruction,
the state board of education
shall appoint a an assistant superintendent for the state
school
for the deaf and a an assistant superintendent for the state
school for the blind,
each of whom shall serve at the pleasure of
the state board.
Sec. 3325.011. Subject to the regulations adopted by the
state board of
education, the state school for the deaf shall be
open to receive persons who
are deaf, partially deaf, and both
blind and deaf residents of this state,
who, in the judgment of
the superintendent of public instruction and the assistant
superintendent of for
the school for the deaf, due to such
disability, cannot
be
educated in the public school system and
are suitable persons
to
receive
instructions according to the
methods employed in such
school. The
superintendent department of
the school for the deaf education may pay the
expenses necessary
for
the instruction of children who are both
blind and deaf, who
are resident residents of
this state, in any suitable
institution.
Sec. 3325.02. Subject to the regulations adopted by the
state board of
education, the state school for the blind shall be
open to receive such blind
and partially blind persons, residents
of this state, who, in the judgment of
the superintendent of
public instruction and the assistant superintendent of for the
school
for the
blind, due to such disability, cannot be educated
in the
public
school
system and are suitable persons to receive
instructions
according to the
methods employed in such school.
Sec. 3325.03. The assistant superintendent of for the state
school for the deaf or the assistant
superintendent of for the
state school for the blind may return to its
the pupil's parents,
guardian, or proper agency any pupil under
his the assistant
superintendent's jurisdiction, who, in the
opinion of such
assistant superintendent and the superintendent of public
instruction,
is not making sufficient progress in its the pupil's
school or
industrial work to justify its continuance as a pupil in
such school.
Sec. 3325.04. The superintendent of the state school for
the
deaf and the superintendent of the state school for the
blind,
with the approval of the superintendent of public
instruction,
shall, for their respective schools and department of education,
subject to
the rules and
regulations of the civil service, shall
employ for the state school for the deaf and the state school for
the blind suitable
teachers,
nurses, and other help necessary to
provide the proper
instruction
and care for the pupils under
their the schools' jurisdiction.
No individual hired on or after the effective date of this
amendment August 29, 1991,
as a classroom teacher at the state
school for the blind
shall be permitted to retain employment as a
teacher
at the school unless prior to the date of such hiring, or
within one year of that date, the individual completes at least
two courses of instruction in braille at an institution of higher
education or demonstrates equivalent competency in the use of
braille to the satisfaction of the superintendent of the state
school for the blind public instruction.
Sec. 3325.041. Beginning on the effective date of this
section, the superintendent of public instruction is the
appointing authority for all teachers, nurses, and other employees
employed by the state school for the deaf or the state school for
the blind. Subject to any agreement entered into pursuant to
Chapter 4117. of the Revised Code and the layoff provisions and
procedures specified in sections 124.321 to 124.328 of the Revised
Code, the superintendent shall identify the employees of the state
school for the deaf or employees of the state school for the blind
to be transferred to the department of education and shall
transfer those employees by July 1, 2009, or as soon as possible
thereafter. Any employee transferred to the department retains the
employee's respective classification, but the superintendent may
reassign and reclassify the employee's position and compensation
as the superintendent determines to be in the interest of
efficient administration. Employees employed by the department,
the state school for the deaf, or the state school for the blind
who are subject to Chapter 4117. of the Revised Code shall retain
all of their rights and benefits conferred pursuant to that
chapter as it presently exists or is hereafter amended and nothing
in this chapter shall be construed as eliminating or interfering
with Chapter 4117. of the Revised Code or the rights and benefits
conferred under that chapter to public employees or to any
bargaining unit.
Sec. 3325.07. The state board of education in carrying out
this section and section 3325.06 of the Revised Code shall,
insofar as practicable, plan, present, and carry into effect an
educational program by means of any of the following methods of
instruction:
(A) Classes for parents of deaf or hard of hearing
children
of preschool age;
(B) A nursery school where parent and child would enter
the
nursery school as a unit;
(C) Correspondence course;
(D) Personal consultations and interviews;
(E) Day-care or child development courses;
(F) Summer enrichment courses;
(G) By such other means or methods as the assistant
superintendent of for the
state school for the deaf
deems
advisable that would permit a deaf or hard of hearing child
of
preschool age to construct a pattern of communication at an
early
age.
The assistant superintendent may allow children who are not
deaf or hard of hearing
to participate in the methods of
instruction described in divisions
(A) to (G) of this section as a
means to assist deaf or hard
of hearing children to construct a
pattern of communication. The assistant
superintendent shall
establish policies and procedures regarding the
participation of
children who are not deaf or hard of hearing.
The assistant superintendent may establish reasonable fees
for participation in the
methods of instruction described in
divisions (A) to (G) of
this section to defray the costs of
carrying them out. The assistant superintendent
shall determine
the manner by which any such fees shall be collected. All
fees
shall be deposited in the even start fees and gifts fund, which is
hereby
created in the state treasury. The money in the fund shall
be used to
implement this section.
Sec. 3325.08. (A) A diploma shall be granted by the
assistant
superintendent of for the state school for the blind and
the
assistant superintendent of for the state school for the deaf
to any student
enrolled in one of these state schools to whom all
of the
following apply:
(1) The student has successfully completed the
individualized
education program developed for the student
for the
student's high
school education pursuant to section
3323.08 of the
Revised Code;
(2)
Subject to section 3313.614 of the Revised Code, the
student has met the assessment requirements of division (A)(2)(a)
or (b) of this section, as applicable.
(a) If the student entered the ninth grade prior to the date
prescribed by rule of the state board of education under division
(E)(2) of section 3301.0712 of the Revised Code, the student
either:
(a)(i) Has attained at least the applicable
scores designated
under division (B)(1) of section 3301.0710 of the
Revised Code on
all
the tests assessments prescribed by that division
unless
division (L) of
section
3313.61 of the Revised Code
applies to the
student;
(b)(ii) Has satisfied the alternative conditions prescribed
in
section 3313.615 of the Revised Code.
(b) If the student entered the ninth grade on or after the
date prescribed by rule of the state board under
division (E)(2)
of section 3301.0712 of the Revised Code, the
student has
attained on the entire assessment system prescribed
under
division (B)(2) of section 3301.0710 of the Revised Code at
least
the required passing composite score, designated under
division
(C)(1) of section 3301.0712 of the Revised Code, except to the
extent that division (L) of section 3313.61 of the
Revised Code
applies to the student.
(3) The student is not eligible to receive an honors
diploma
granted pursuant to division (B) of this section.
No diploma shall be granted under this division to anyone
except as provided under this division.
(B) In lieu of a diploma granted under division (A) of
this
section, the assistant superintendent of for the state school for
the
blind and
the assistant superintendent of for the state school
for the deaf
shall grant an
honors diploma, in the same manner
that the boards
of education of
school districts grant such
diplomas under
division (B) of section
3313.61 of the Revised
Code, to any
student enrolled in one of
these state schools who
accomplishes all of the following:
(1) Successfully
completes the individualized
education
program developed for
the student for the student's high
school
education
pursuant to section 3323.08 of the Revised Code;
(2) Subject to section 3313.614 of the Revised Code, has met
the assessment requirements of division (B)(2)(a) or (b) of this
section, as applicable.
(a) If the student entered the ninth grade prior to the date
prescribed by rule of the state board under division
(E)(2) of
section 3301.0712 of the Revised Code, the student
either:
(a)(i) Has attained
at least the
applicable scores
designated
under division (B)(1) of
section 3301.0710 of the Revised
Code on
all the tests assessments prescribed
under that division;
(b)(ii) Has satisfied the alternative conditions prescribed
in
section 3313.615 of the Revised Code.
(b) If the student entered the ninth grade on or after the
date prescribed by rule of the state board under
division (E)(2)
of section 3301.0712 of the Revised Code, the
student has
attained on the entire assessment system prescribed
under
division (B)(2) of section 3301.0710 of the Revised Code at
least
the required passing composite score, designated under
division
(C)(1) of section 3301.0712 of the Revised Code.
(3) Has
met additional criteria for
granting an honors
diploma.
These
additional criteria shall be the
same as those
prescribed by the
state board under division (B) of
section
3313.61 of the Revised
Code for the granting of such
diplomas by
school districts. No
honors diploma shall be granted
to anyone
failing to comply with
this division and not more than
one honors
diploma shall be
granted to any student under this
division.
(C) A diploma or honors diploma awarded under this section
shall be signed by the superintendent of public instruction and
the assistant superintendent of for the state school for the blind
or the assistant
superintendent of for the state school for the
deaf, as applicable.
Each diploma shall bear the date of its issue
and be in such form
as the school assistant superintendent
prescribes.
(D) Upon granting a diploma to a student under this
section,
the assistant superintendent of for the state school in which the
student is
enrolled shall provide notice of receipt of the diploma
to the
board of
education of the school district where the student
is
entitled to attend
school under section 3313.64 or 3313.65 of
the
Revised Code when not residing
at the state school for the
blind
or the state school for the deaf. The
notice shall indicate
the
type of diploma granted.
Sec. 3325.10. The department of education, on behalf of the
state school for the blind, may receive and administer any federal
funds relating to the education of blind or visually impaired
students. The school for the blind department also may accept and
administer any gifts, donations, or bequests made to it the school
for the blind for programs or services relating to the education
of blind or visually impaired students.
Sec. 3325.11. There is hereby created in the state treasury
the state school for the blind student activity and work-study
fund. Moneys received from donations, bequests, the school
vocational program, and any other moneys designated for deposit in
the fund by the assistant superintendent of for the state school
for the blind shall be credited to the fund. Notwithstanding
section 3325.01 of the Revised Code, the approval of the state
board of education is not required to designate money for deposit
into the fund. The school for the blind department of education
shall use money in the fund for school operating expenses of the
school for the blind, including, but not limited to, personal
services, maintenance, and equipment related to student support,
activities, and vocational programs, and for providing
scholarships to students for further training upon graduation.
Sec. 3325.12. Money deposited with the assistant
superintendent of for the state school for the blind and the
assistant superintendent of for the state school for the deaf by
parents, relatives, guardians, and friends for the special benefit
of any pupil shall remain in the hands of the respective assistant
superintendent for use accordingly. Each assistant superintendent
shall deposit the money into one or more personal deposit funds.
Each assistant superintendent shall keep itemized book accounts of
the receipt and disposition of the money, which books shall be
open at all times to the inspection of the superintendent of
public instruction. The assistant superintendent of for the state
school for the blind and the assistant superintendent of for the
state school for the deaf each shall adopt rules establish written
requirements governing the deposit, transfer, withdrawal, or
investment of the money and the investment earnings of the money.
Whenever a pupil ceases to be enrolled in the state school
for the blind or the state school for the deaf, if personal money
of the pupil remains in the hands of the respective assistant
superintendent and no demand is made upon the assistant
superintendent by the pupil or the pupil's parent or guardian, the
assistant superintendent shall hold the money in a personal
deposit fund for a period of at least one year. During that time,
the assistant superintendent shall make every effort possible to
locate the pupil or the pupil's parent or guardian. If, at the end
of this period, no demand has been made for the money held by the
state school for the blind, the assistant superintendent of for
the state school for the blind shall dispose of the money by
transferring it to the state school for the blind student activity
and work-study fund established by section 3325.11 of the Revised
Code. If at the end of this period, no demand has been made for
the money held by the state school for the deaf, the assistant
superintendent of for the state school for the deaf shall dispose
of the money by transferring it to the state school for the deaf
educational program expenses fund established by section 3325.16
of the Revised Code.
Sec. 3325.15. The department of education, on behalf of the
state school for the deaf, may receive and administer any federal
funds relating to the education of deaf or hearing-impaired
students. The school for the deaf department also may accept and
administer any gifts, donations, or bequests given to it the
school for the deaf for programs or services relating to the
education of deaf or hearing-impaired students.
Sec. 3325.16. There is hereby created in the state treasury
the state school for the deaf educational program expenses fund.
Moneys received by the school from donations, bequests, student
fundraising activities, fees charged for camps and workshops, gate
receipts from athletic contests, and the student work experience
program operated by the school, and any other moneys designated
for deposit in the fund by the assistant superintendent of for the
school, shall be credited to the fund. Notwithstanding section
3325.01 of the Revised Code, the approval of the state board of
education is not required to designate money for deposit into the
fund. The state school for the deaf department of education shall
use moneys in the fund for the school for the deaf's educational
programs, after-school activities, and expenses associated with
student activities and clubs.
Sec. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply
with division (A)(9) of section
3313.60 of the Revised Code and sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.357,
2151.421, 2313.18, 2921.42, 2921.43,
3301.0712, 3301.0714,
3301.0715, 3313.14, 3313.15, 3313.16,
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482,
3313.50,
3313.536, 3313.605, 3313.607, 3313.608, 3313.6012,
3313.6013,
3313.6014,
3313.61,
3313.611, 3313.614, 3313.615,
3313.643,
3313.648,
3313.66,
3313.661,
3313.662, 3313.666,
3313.667,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69,
3313.71, 3313.716,
3313.718,
3313.80, 3313.801, 3313.82,
3313.821,
3313.96,
3319.073, 3319.21, 3319.32,
3319.321, 3319.35,
3319.39,
3319.391, 3319.41, 3319.45,
3321.01,
3321.13,
3321.14,
3321.17,
3321.18,
3321.19, 3321.191,
3327.10, 4111.17,
4113.52,
and
5705.391
and
Chapters 102., 117.,
1347.,
2744.,
3307.,
3309.,
3365.,
3742.,
4112., 4123.,
4141.,
and
4167. of
the
Revised Code
as if it were
a school district.
Sec. 3326.14. Each science, technology, engineering, and
mathematics school and its governing body shall administer the
tests assessments required by
sections 3301.0710 and, 3301.0711,
and 3301.0712 of
the Revised
Code, as if it
were a school
district, except that,
notwithstanding any provision
of those
sections to the contrary,
any student enrolled in a grade
lower
than the tenth grade in a
STEM school may take one or more
of
the Ohio graduation tests
prescribed under division (B)(1) of
section 3301.0710 of the
Revised
Code on any of the dates
prescribed in division (C)(3)
of that
section for that
assessment.
Sec. 3326.21. (A) Each science, technology, engineering, and
mathematics school shall have a treasurer who is licensed under
section 3301.074 of the Revised Code. The governing body of the
school and the treasurer shall comply with sections 3301.072,
3313.22 to 3313.32, 3313.51, and 3315.08 of the Revised Code in
the same manner as a school district board of education and a
district treasurer.
(B) Each STEM school shall comply with the financial
reporting standards adopted by the state board of education under
division (B)(2) of section 3301.07 of the Revised Code. Financial
records of each STEM school shall be maintained
in the same
manner as are financial records of school districts,
pursuant to
rules of the auditor of state.
Sec. 3326.23. The governing body of each science,
technology, engineering, and mathematics school annually
shall
provide the following assurances in writing to the
department of
education not later than ten business days prior to
the opening
of the school:
(A) That the school has a plan for
providing special
education and related services to students with
disabilities and
has demonstrated the capacity to provide those
services in
accordance with Chapter 3323. of the Revised Code and
federal
law;
(B) That the school has a plan and procedures for
administering the achievement tests and diagnostic assessments
prescribed by sections 3301.0710, 3301.0712, and 3301.0715 of the
Revised
Code;
(C) That school personnel have the necessary training,
knowledge, and resources to properly use and submit information to
all databases maintained by the department for the collection of
education data, including the education management information
system established under section 3301.0714 of the Revised Code;
(D) That all required information about the school has been
submitted to the Ohio education directory system or any successor
system;
(E) That all classroom teachers are licensed in accordance
with sections 3319.22 to 3319.31 of the Revised Code or are
engaged to teach pursuant to section 3319.301 of the Revised Code;
(F) That the school's treasurer is in compliance with
section 3326.21 of the Revised Code;
(G) That the school has complied with sections
3319.39 and
3319.391 of the
Revised Code with respect to all
employees and
that the school has
conducted a criminal records
check of each
of its governing
body
members;
(H) That the school holds all of the following:
(1) Proof of property ownership or a lease for the facilities
used by the school;
(2) A certificate of occupancy;
(3) Liability insurance for the school, as required by
section 3326.11 of the Revised Code;
(4) A satisfactory health and safety inspection;
(5) A satisfactory fire inspection;
(6) A valid food permit, if applicable.
(I) That the governing body has conducted a pre-opening site
visit
to the school for the school year for which the assurances
are
provided;
(J) That the school has designated a date it will open for
the school year for which the assurances are provided;
(K) That the school has met all of the governing body's
requirements
for opening and any other requirements of the
governing body.
Sec. 3326.31. As used in sections 3326.31 to 3326.50 of the
Revised Code:
(A) "Applicable special education weight" means the multiple
specified in section 3317.013 of the Revised Code for a disability
described in that section.
(B) "Applicable vocational education weight" means the
multiple specified in section 3317.014 of the Revised Code for
vocational education programs or classes described in that
section.
(C) "Formula amount" has the same meaning as in section
3317.02 of the Revised Code.
(D) "IEP" means an individualized education program as
defined in section 3323.01 of the Revised Code.
(E) A student is "included in the poverty student count of
the student's resident district" if the student's family receives
assistance under the Ohio works first program.
(F)(B) "Resident district" means the school district in which
a
student is entitled to attend school under section 3313.64 or
3313.65 of the Revised Code.
(G) "State education aid" has the same meaning as in section
5751.20 of the Revised Code.
Sec. 3326.32. Each science, technology, engineering, and
mathematics school shall report to the department of education, in
the form and manner required by the department, all of the
following information:
(A) The total number of students enrolled in the school;
(B) The number of students who are receiving special
education and related services pursuant to an IEP;
(C) For each student reported under division (B) of this
section, which category specified in divisions (A) to (F)(C)(1) to
(6) of
section 3317.013 3306.02 of the Revised Code applies to
the student;
(D) The full-time equivalent number of students who are
enrolled in vocational education programs or classes described in
each of divisions (A) and (B) of section 3317.014 of the Revised
Code that are provided by the STEM school;
(E) The resident district of each student;
(F) Any additional information the department determines
necessary to make payments under this chapter to the school.
Sec. 3326.33. For each student enrolled in a science,
technology, engineering, and mathematics school established under
this chapter other than a school that is governed as provided in
section 3326.51 of the Revised Code, the department of education
annually shall deduct
from the state education aid of a student's
resident school
district and, if necessary, from the payment made
to the district
under sections 321.24 and 323.156 of the Revised
Code and pay to
the school the sum of the following:
(A) The sum of the formula amount plus the per pupil amount
of the base funding supplements specified in divisions (C)(1) to
(4) of section 3317.012 of the Revised Code.
(B) If the student is receiving special education and related
services pursuant to an IEP, the product of the applicable special
education weight times the formula amount;
(C) If the student is enrolled in vocational education
programs or classes that are described in section 3317.014 of the
Revised Code, are provided by the school, and are comparable as
determined by the superintendent of public instruction to school
district vocational education programs and classes eligible for
state weighted funding under section 3317.014 of the Revised Code,
the product of the applicable vocational education weight times
the formula amount times the percentage of time the student spends
in the vocational education programs or classes;
(D) If the student is included in the poverty student count
of the student's resident district, the per pupil amount of the
district's payment under division (C) of section 3317.029 of the
Revised Code;
(E) If the student is identified as limited English
proficient and the student's resident district receives a payment
for services to limited English proficient students under division
(F) of section 3317.029 of the Revised Code, the per pupil amount
of the district's payment under that division, calculated in the
same manner as per pupil payments are calculated under division
(C)(6) of section 3314.08 of the Revised Code;
(F) If the student's resident district receives a payment
under division (G), (H), or (I) of section 3317.029 of the Revised
Code, the per pupil amount of the district's payments under each
division, calculated in the same manner as per pupil payments are
calculated under divisions (C)(7) and (8) of section 3314.08 of
the Revised Code;
(G) If the student's resident district receives a parity aid
payment under section 3317.0217 of the Revised Code, the per pupil
amount calculated for the district under division (C) or (D) of
that section amount calculated for the school under section
3306.17 of the Revised Code.
Sec. 3326.34. If a science, technology, engineering, and
mathematics school established under this chapter, other than a
school that is governed as provided in section 3326.51 of the
Revised Code, incurs costs for
a fiscal year for a student
receiving special education and
related services pursuant to an
IEP for a disability described in
divisions (B)(C)(1) to (F)(6)
of section 3317.013 3306.02 of the Revised Code that
exceed the
threshold catastrophic cost for serving the student as
specified
in division (C)(3)(b) of section 3317.022 of the Revised
Code,
the STEM school may submit to the superintendent of public
instruction documentation, as prescribed by the superintendent, of
all its costs for that student. Upon submission of documentation
for a student of the type and in the manner prescribed, the
department of education shall pay to the school an amount equal to
the school's costs for the student in excess of the threshold
catastrophic costs.
The school shall only report under this section, and the
department shall only pay for, the costs of educational expenses
and the related services provided to the student in accordance
with the student's IEP. Any legal fees, court costs, or other
costs associated with any cause of action relating to the student
may not be included in the amount.
Sec. 3326.36. The department of education shall reduce the
amounts paid to a science, technology, engineering, and
mathematics school under section 3326.33 of the Revised Code to
reflect payments made to colleges under division (B) of section
3365.07 of the Revised Code or through alternative funding
agreements entered into under rules adopted under section 3365.12
of the Revised Code. A student shall be considered
enrolled in
the school for any portion of the school year the
student is
attending a college under Chapter 3365. of the Revised
Code.
Sec. 3326.37. The department of education shall not pay to a
science, technology, engineering, and mathematics school any
amount for any of the following:
(A) Any student who has graduated from the twelfth grade of a
public or nonpublic school;
(B) Any student who is not a resident of the state;
(C) Any student who was enrolled in a STEM school during the
previous school year when tests assessments were administered
under section
3301.0711 of the Revised Code but did not take one
or more of the
tests assessments required by that section and was
not excused pursuant to
division (C)(1) or (3) of that section,
unless the superintendent
of public instruction grants the
student a waiver from the
requirement to take the test
assessment. The superintendent may grant a
waiver only for good
cause in accordance with rules adopted by the
state board of
education.
(D) Any student who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course of
the public schools by reason of induction or enlistment in the
armed forces and who apply for enrollment in a STEM school not
later than four years after termination of war or their honorable
discharge. If, however, any such veteran elects to enroll in
special courses organized for veterans for whom tuition is paid
under federal law, or otherwise, the department shall not pay to
the school any amount for that veteran.
Sec. 3326.38. A science, technology, engineering, and
mathematics school may do all of the following:
(A) Apply to the department of education for gifted unit
funding;
(B) Apply to any state or federal agency for grants that a
school district or public school may receive under federal or
state law or any appropriations act of the general assembly;
(C)(B) Apply to any private entity or foundation for
additional
funds.
Sec. 3326.51. (A) As used in this section:
(1) "Resident district" has the same meaning as in section
3326.31 of the Revised Code.
(2) "STEM school sponsoring district" means a municipal,
city, local, exempted village, or joint vocational school district
that governs and controls a STEM school pursuant to this section.
(B) Notwithstanding any other provision of this chapter to
the contrary:
(1) If a proposal for a STEM school submitted under section
3326.03 of the Revised Code proposes that the governing body of
the school be the board of education of a municipal, city, local,
exempted village, or joint vocational school district that is one
of the partners submitting the proposal, and the partnership for
continued learning approves that proposal, that school district
board shall govern and control the STEM school as one of the
schools of its district.
(2) The STEM school sponsoring district shall maintain a
separate accounting for the STEM school as a separate and distinct
operational unit within the district's finances. The auditor of
state, in the course of an annual or biennial audit of the school
district serving as the STEM school sponsoring district, shall
audit that school district for compliance with the financing
requirements of this section.
(3) With respect to students enrolled in a STEM school whose
resident district is the STEM school sponsoring district:
(a) The department of education shall make no deductions
under section 3326.33 of the Revised Code from the STEM school
sponsoring district's state payments.
(b) The STEM school sponsoring district shall ensure that it
allocates to the STEM school funds equal to or exceeding the
amount that would be calculated pursuant to division (B) of
section 3313.981 Chapter 3306. of the Revised Code for the
students attending
the school whose resident district is the STEM
school sponsoring
district.
(c)(b) The STEM school sponsoring district is responsible for
providing
children with disabilities with a free appropriate
public
education under Chapter 3323. of the Revised Code.
(d)(c) The STEM school sponsoring district shall provide
student
transportation in accordance with laws and policies
generally
applicable to the district.
(4) With respect to students enrolled in the STEM school
whose resident district is another school district, the department
shall make no payments or deductions under sections 3326.31 to
3326.49 of the Revised Code. Instead, the students shall be
considered as open enrollment students and the department shall
make payments and deductions in accordance with STEM school
sponsoring district shall include those students in its formula
ADM reported under section 3313.981 3317.03
of the Revised Code.
The STEM school sponsoring district shall
allocate the state
payments received under Chapter 3306. of the Revised Code that are
attributable to those students to the STEM school. The STEM school
sponsoring district
may enter into financial agreements with the
students' resident
districts, which agreements may provide
financial support in
addition to the funds received from the open
enrollment
calculation under Chapter 3306. of the Revised Code.
The STEM school sponsoring district shall
allocate
all such
additional funds to the STEM school.
(5) Where the department is required to make, deny, reduce,
or adjust payments to a STEM school sponsoring district pursuant
to this section, it shall do so in such a manner that the STEM
school sponsoring district may allocate that action to the STEM
school.
(6) A STEM school sponsoring district and its board may
assign its district employees to the STEM school, in which case
section 3326.18 of the Revised Code shall not apply. The district
and board may apply any other resources of the district to the
STEM school in the same manner that it applies district resources
to other district schools.
(7) Provisions of this chapter requiring a STEM school and
its governing body to comply with specified laws as if it were a
school district and in the same manner as a board of education
shall instead require such compliance by the STEM school
sponsoring district and its board of education, respectively, with
respect to the STEM school. Where a STEM school or its governing
body is required to perform a specific duty or permitted to take a
specific action under this chapter, that duty is required to be
performed or that action is permitted to be taken by the STEM
school sponsoring district or its board of education,
respectively, with respect to the STEM school.
(8) No provision of this chapter limits the authority, as
provided otherwise by law, of a school district and its board of
education to levy taxes and issue bonds secured by tax revenues.
(9) The treasurer of the STEM school sponsoring district or,
if the STEM school sponsoring district is a municipal school
district, the chief financial officer of the district, shall have
all of the respective rights, authority, exemptions, and duties
otherwise conferred upon the treasurer or chief financial officer
by the Revised Code.
Sec. 3327.02.
(A) After considering each of the following
factors, the board of education of a city, exempted village, or
local school district may determine that it is impractical to
transport a pupil who is eligible for transportation to and from a
school under section 3327.01 of the Revised Code:
(1) The time and distance required to provide the
transportation;
(2) The number of pupils to be transported;
(3) The cost of providing transportation in terms of
equipment, maintenance, personnel, and administration;
(4) Whether similar or equivalent service is provided to
other pupils eligible for transportation;
(5) Whether and to what extent the additional service
unavoidably disrupts current transportation schedules;
(6) Whether other reimbursable types of transportation are
available.
(B)(1) Based on its consideration of the factors
established
in division (A) of this section, the board may pass a
resolution
declaring the impracticality of transportation. The
resolution
shall include each pupil's name and the reason for
impracticality.
(2) The board shall report its determination to the state
board of education in a manner determined by the state board.
(3) The board of education of a local school district
additionally shall submit the resolution for concurrence to the
educational service center that contains the local district's
territory. If the
educational service center governing
board
considers transportation by school conveyance
practicable, it
shall so inform the local
board and transportation
shall be
provided by such local board.
If
the
educational service center
board
agrees with the
view
of the local board, the local board
may
offer payment in lieu of transportation
as provided in this
section.
(C) After passing the resolution declaring the
impracticality
of transportation, the district board shall offer
to provide
payment in lieu of transportation by doing the
following:
(1) In accordance with guidelines established by the
department of education, informing the pupil's parent, guardian,
or other person in charge of the pupil of both of the following:
(a) The board's resolution;
(b) The right of the pupil's parent, guardian, or other
person in charge of the pupil to accept the offer of payment in
lieu of transportation or to reject the offer and instead request
the department to initiate mediation procedures.
(2) Issuing the pupil's parent, guardian, or other person
in
charge of the pupil a contract or other form on which the
parent,
guardian, or other person in charge of the pupil is given
the
option to accept or reject the board's offer of payment in
lieu of
transportation.
(D) If the parent, guardian, or other person in charge of
the
pupil accepts the offer of payment in lieu of providing
transportation, the board shall pay the parent, guardian, or other
person in charge of the child an amount that shall be not less
than
the amount determined by the department of education as the
minimum for payment in lieu of transportation, and not more than
the amount determined by the department as the average cost of
pupil transportation for the previous school year. Payment may be
prorated if the time period involved is only a part of the school
year.
(E)(1)(a) Upon the request of a parent, guardian, or other
person in charge of the pupil who rejected the payment in lieu of
transportation, the department shall conduct mediation procedures.
(b) If the mediation does not resolve the dispute, the
state
board of education shall conduct a hearing in accordance
with
Chapter 119. of the Revised Code. The state board may
approve the
payment in lieu of transportation or may order the
board of
education to provide transportation. The decision of the
state
board is binding in subsequent years and on future parties
in
interest provided the facts of the determination remain
comparable.
(2) The school district shall provide transportation for
the
pupil from the time the parent, guardian, or other person in
charge of the pupil requests mediation until the matter is
resolved under division (E)(1)(a) or (b) of this section.
(F)(1) If the department determines that a school district
board has failed or is failing to provide transportation as
required by division (E)(2) of this section or as ordered by the
state board under division (E)(1)(b) of this section, the
department shall order the school district board to pay to the
pupil's parent, guardian, or other person in charge of the pupil,
an amount equal to the state average daily cost of transportation
as determined by the state board of education for the previous
year. The school district board shall make payments on a schedule
ordered by the department.
(2) If the department subsequently finds that a school
district board is not in compliance with an order issued under
division (F)(1) of this section and the affected pupils are
enrolled in a nonpublic or community school, the department shall
deduct the amount that the board is required to pay under that
order from any payments the department makes to the school
district board under division (D) of section 3317.022 3306.12 of
the
Revised Code. The department shall use the moneys so deducted
to
make payments to the nonpublic or community school attended by
the
pupil. The department shall continue to make the deductions
and
payments required under this division until the school
district
board either complies with the department's order issued
under
division (F)(1) of this section or begins providing
transportation.
(G) A nonpublic or community school that receives payments
from the department under division (F)(2) of this section shall do
either of the following:
(1) Disburse the entire amount of the payments to the
parent,
guardian, or other person in control of the pupil affected
by the
failure of the school district of residence to provide
transportation;
(2) Use the entire amount of the payments to provide
acceptable transportation for the affected pupil.
Sec. 3327.04. (A) The board of education of any city,
exempted
village, or local school district may contract with the
board of
another district for the admission or transportation, or
both, of
pupils into any school in such other district, on terms
agreed
upon by such boards.
(B) The boards of two school districts may enter into a
contract
under this section to share the provision of
transportation to a child who
resides in one school district and
attends school in the other district.
Under
such an agreement,
one district may claim the total transportation subsidy
available
for such child under division (D) of section
3317.022 3306.12 of
the
Revised Code and may agree to pay any portion of such subsidy
to the other district sharing the provision of transportation to
that child.
The contract shall delineate the transportation
responsibilities of each
district.
A school district that enters into a contract under this
section is not
liable for any injury, death, or loss to the person
or property of a student
that may occur while the student is being
furnished transportation by the
other
school district that is a
party to the contract.
(C) Whenever a board not maintaining a high
school enters
into an agreement with one or more boards
maintaining such school
for the schooling of all its high school
pupils, the board making
such agreement is exempt from the
payment of tuition at other high
schools of pupils living within
three miles of the school
designated in the agreement. In case
no such agreement is entered
into, the high school to be attended
can be selected by the pupil
holding an eighth grade diploma, and
the tuition shall be paid by
the board of the district of school
residence.
Sec. 3327.05. (A) Except as provided in division (B) of
this
section, no board of education of any school district shall
provide transportation for any pupil who is a school resident of
another school district unless the pupil is enrolled pursuant to
section 3313.98 of the Revised Code or the board of the other
district has given its written consent thereto. If the board of
any school district files with the state board of education a
written complaint that transportation for resident pupils is
being
provided by the board of another school district contrary
to this
division, the state board of education shall make an
investigation
of such complaint. If the state board of education
finds that
transportation is being provided contrary to this
section, it may
withdraw from state funds due the offending
district any part of
the amount that has been approved for
transportation pursuant to
division (D) of section
3317.022 3306.12 of
the Revised Code.
(B) Notwithstanding division (D) of section 3311.19 and
division (D) of section 3311.52 of the Revised Code, this
division
does not apply to any joint vocational or cooperative
education
school district.
A board of education may provide transportation to and from
the nonpublic school of attendance if both of the following
apply:
(1) The parent, guardian, or other person in charge of the
pupil agrees to pay the board for all costs incurred in providing
the transportation that are not reimbursed pursuant to Chapter
3306. or
3317. of the Revised Code;
(2) The pupil's school district of residence does not
provide
transportation for public school pupils of the same grade
as the
pupil being transported under this division, or that district is
not required under section 3327.01 of the Revised Code to
transport the pupil to and from the nonpublic school because the
direct travel time to the nonpublic school is more than thirty
minutes.
Upon receipt of the request to provide transportation, the
board shall review the request and determine whether the board
will accommodate the request. If the board agrees to transport the
pupil, the board may transport the pupil to and from the nonpublic
school and a collection point in the district, as determined by
the board. If the board transports the pupil, the board may
include the pupil in the district's transportation ADM reported to
the department of education under section 3317.03 of the Revised
Code and, accordingly, may receive a state payment under division
(D) of section 3317.022 3306.12 of the Revised Code for
transporting the
pupil.
If the board declines to transport the pupil, the board, in a
written communication to the parent, guardian, or other person in
charge of the pupil, shall state the reasons for declining the
request.
Sec. 3329.16. If the superintendent of public instruction
determines that a
school district has expended for other purposes
any moneys appropriated by the
general assembly for the specific
purpose of purchasing textbooks or other
instructional materials,
the superintendent shall notify the school district
of this
determination within seven days and shall deduct the amount so
expended from payments otherwise due to the district under Chapter
3306. or
3317. of
the Revised Code.
Sec. 3333.04. The chancellor of the Ohio board of regents
shall:
(A) Make studies of state policy in the field of higher
education and formulate a master plan for higher education for
the
state, considering the needs of the people, the needs of the
state, and the role of individual public and private institutions
within the state in fulfilling these needs;
(B)(1) Report annually to the governor and the general
assembly on the findings from the chancellor's studies and the
master plan for
higher education for the state;
(2) Report at least semiannually to the general assembly and
the
governor the enrollment numbers at each state-assisted
institution of higher
education.
(C) Approve or disapprove the establishment of new
branches
or academic centers of state colleges and universities;
(D) Approve or disapprove the establishment of state
technical colleges or any other state institution of higher
education;
(E) Recommend the nature of the programs, undergraduate,
graduate, professional, state-financed research, and public
services which should be offered by the state colleges,
universities, and other state-assisted institutions of higher
education in order to utilize to the best advantage their
facilities and personnel;
(F) Recommend to the state colleges, universities, and
other
state-assisted institutions of higher education graduate or
professional programs, including, but not limited to, doctor of
philosophy, doctor of education, and juris doctor programs, that
could be eliminated because they constitute unnecessary
duplication, as shall be determined using the process developed
pursuant to this division, or for other good and sufficient cause.
Prior to recommending a program for elimination, the chancellor
shall request the board of regents to hold at least one public
hearing on the matter and advise the chancellor on whether the
program should be recommended for elimination. The board shall
provide notice of each hearing within a reasonable amount of time
prior to its scheduled date. Following the hearing, the board
shall issue a recommendation to the chancellor. The chancellor
shall consider the board's recommendation but shall not be
required to accept it.
For purposes of determining the amounts of any state
instructional
subsidies paid to state colleges, universities, and
other state-assisted
institutions of higher education,
the
chancellor may exclude students enrolled in any
program that the
chancellor has recommended for elimination pursuant
to this
division
except that the chancellor shall not exclude any such
student who
enrolled in the program prior to the date on which
the
chancellor
initially commences to exclude students under this
division.
The chancellor and state colleges, universities,
and other
state-assisted
institutions of higher education shall jointly
develop a process for determining
which
existing graduate or
professional programs constitute
unnecessary
duplication.
(G) Recommend to the state colleges, universities, and
other
state-assisted institutions of higher education programs
which
should be added to their present programs;
(H) Conduct studies for the state colleges, universities,
and
other state-assisted institutions of higher education to
assist
them in making the best and most efficient use of their
existing
facilities and personnel;
(I) Make recommendations to the governor and general
assembly
concerning the development of state-financed capital
plans for
higher education; the establishment of new state
colleges,
universities, and other state-assisted institutions of
higher
education; and the establishment of new programs at the
existing
state colleges, universities, and other institutions of
higher
education;
(J) Review the appropriation requests of the public
community
colleges and the state colleges and universities and
submit to the
office of budget and management and to the
chairpersons of the
finance committees of the house of
representatives
and of the
senate the chancellor's recommendations in regard to
the biennial
higher
education appropriation for the state,
including
appropriations
for the individual state colleges and
universities
and public
community colleges. For the purpose of
determining the
amounts
of instructional subsidies to be paid to
state-assisted
colleges
and universities, the chancellor shall define
"full-time
equivalent
student" by program per academic year. The
definition
may take
into account the establishment of minimum
enrollment
levels in
technical education programs below which
support
allowances will
not be paid. Except as otherwise provided
in this
section, the
chancellor shall make no change in the definition
of
"full-time
equivalent student" in effect on November 15, 1981,
which would
increase or decrease the number of subsidy-eligible
full-time
equivalent students, without first submitting a fiscal
impact
statement to the president of the senate, the speaker of
the
house of representatives,
the
legislative service commission,
and the director of budget and
management. The chancellor shall
work in close cooperation with the
director of budget and
management in this respect and in all
other
matters concerning the
expenditures of appropriated funds
by state
colleges,
universities, and other institutions of higher
education.
(K) Seek the cooperation and advice of the officers and
trustees of both public and private colleges, universities, and
other institutions of higher education in the state in performing
the chancellor's duties and making the chancellor's plans,
studies, and recommendations;
(L) Appoint advisory committees consisting of persons
associated with public or private secondary schools, members of
the state board of education, or personnel of the state
department
of education;
(M) Appoint advisory committees consisting of college and
university personnel, or other persons knowledgeable in the field
of higher education, or both, in order to obtain their advice and
assistance in defining and suggesting solutions for the problems
and needs of higher education in this state;
(N) Approve or disapprove all new degrees and new degree
programs at all state colleges, universities, and other
state-assisted institutions of higher education;
(O) Adopt such rules as are necessary to carry out the
chancellor's
duties and responsibilities. The rules shall
prescribe procedures for the chancellor to follow when taking
actions associated with the chancellor's duties and
responsibilities and shall indicate which types of actions are
subject to those procedures. The procedures adopted under this
division shall be in addition to any other procedures prescribed
by law for such actions. However, if any other provision of the
Revised Code or rule adopted by the chancellor prescribes
different procedures for such an action, the procedures adopted
under this division shall not apply to that action to the extent
they conflict with the procedures otherwise prescribed by law. The
procedures adopted under this division shall include at least the
following:
(1) Provision for public notice of the proposed action;
(2) An opportunity for public comment on the proposed action,
which may include a public hearing on the action by the board of
regents;
(3) Methods for parties that may be affected by the proposed
action to submit comments during the public comment period;
(4) Submission of recommendations from the board of regents
regarding the proposed action, at the request of the chancellor;
(5) Written publication of the final action taken by the
chancellor and the chancellor's rationale for the action;
(6) A timeline for the process described in divisions (O)(1)
to (5) of this section.
(P) Establish and submit to the governor and the general
assembly a clear and measurable set of goals and timetables for
their achievement for each program under the chancellor's
supervision that is designed to accomplish any of the following:
(1) Increased access to higher education;
(5) Excellence in higher education;
(6) Reduction in the number of graduate programs within
the
same subject area.
In July of each odd-numbered year, the chancellor
shall
submit to the governor and the general assembly a report on
progress made toward these goals.
(Q) Make recommendations to the governor and the general
assembly regarding the design and funding of the student
financial
aid programs specified in sections 3333.12, 3333.122, 3333.21 to
3333.27 3333.26,
and 5910.02 of the Revised Code;
(R) Participate in education-related state or federal
programs on behalf of the state and assume responsibility for the
administration of such programs in accordance with applicable
state or federal law;
(S) Adopt rules for student financial
aid programs as
required by sections 3333.12, 3333.122, 3333.21 to
3333.27
3333.26,
3333.28,
and 5910.02 of the
Revised Code, and perform
any
other
administrative functions assigned to the chancellor by
those
sections;
(T)
Conduct enrollment audits of state-supported
institutions
of
higher education;
(U) Appoint consortia of college and
university
personnel
to advise or
participate in the development
and operation of
statewide
collaborative
efforts, including the
Ohio supercomputer
center,
the Ohio
academic resources network,
OhioLink, and the
Ohio
learning network. For each consortium, the
chancellor shall
designate
a
college
or university to serve as
that consortium's
fiscal
agent,
financial officer, and employer.
Any funds
appropriated for the consortia shall be
distributed to the
fiscal
agents
for the operation of the
consortia. A consortium
shall
follow
the rules of the
college or university that serves
as
its
fiscal
agent. The
chancellor may restructure existing
consortia, appointed under
this division, in accordance with
procedures adopted under
divisions (D)(1) to (6) of this section.
(V) Adopt rules establishing advisory duties and
responsibilities of the board of regents not otherwise prescribed
by law;
(W) Respond to requests for information about higher
education from members of the general assembly and direct staff to
conduct research or analysis as needed for this purpose.
Sec. 3333.048. (A) Not later than one year after the
effective date of this section, the chancellor of the Ohio board
of regents and the superintendent of public instruction jointly
shall do the following:
(1) In accordance with Chapter 119. of the Revised Code,
establish metrics and courses of study for the preparation of
educators and other school personnel and the institutions of
higher education that are engaged in their preparation. The
metrics and courses of study shall be aligned with the standards
and qualifications for educator licenses adopted by the state
board of education under section 3319.22 of the Revised Code and
the requirements of the Ohio teacher residency program established
under section 3319.223 of the Revised Code. The metrics and
courses of study also shall ensure that educators and other school
personnel are adequately prepared to use the value-added progress
dimension prescribed by section 3302.021 of the Revised Code.
(2) Provide for the inspection of institutions of higher
education desiring to prepare educators and other school
personnel.
(B) Not later than one year after the effective date of this
section, the chancellor shall approve institutions of higher
education engaged in the preparation of educators and other school
personnel that maintain satisfactory training procedures and
records of performance, as determined by the chancellor.
(C) If the metrics established under division (A)(1) of this
section require an institution of higher education that prepares
teachers to satisfy the standards of an independent accreditation
organization, the chancellor shall permit each institution to
satisfy the standards of either the national council for
accreditation of teacher education or the teacher education
accreditation council.
(D) The metrics and courses of study established under
division (A)(1) of this section may require an institution of
higher education, as a condition of approval by the chancellor, to
make changes in the curricula of its preparation programs for
educators and other school personnel.
Notwithstanding division (D) of section 119.03 and division
(A)(1) of section 119.04 of the Revised Code, any metrics, courses
of study, rules, and regulations, or any amendment or rescission
of such metrics, courses of study, rules, and regulations, adopted
under this section that necessitate institutions offering
preparation programs for educators and other school personnel
approved by the chancellor to revise the curricula of those
programs shall not be effective for at least one year after the
first day of January next succeeding the publication of the said
change.
Each institution shall allocate money from its existing
appropriations to pay the cost of making the curricular changes.
(E) The chancellor shall notify the state board of the
metrics and courses of study established under division (A)(1) of
this section and the institutions of higher education approved
under division (B) of this section. The state board shall publish
the metrics, courses of study, and approved institutions with the
standards and qualifications for each type of educator license.
(F) The graduates of institutions of higher education
approved by the chancellor shall be licensed by the state board in
accordance with the standards and qualifications adopted under
section 3319.22 of the Revised Code.
Sec. 3319.233 3333.049. The state board of education
chancellor of the Ohio board of regents, in collaboration with the
Ohio board of regents state board of education, shall issue an
annual report on the quality of institutions approved for the
preparation of teachers pursuant to section 3319.23 3333.048 of
the Revised Code. The state board chancellor shall prepare the
report in collaboration with the state board of regents and the
teacher quality partnership and shall use data collected by the
partnership and other educational agencies as the basis for the
information contained in the report. The report shall include at
least the following information:
(A) Identification of best practices in the preparation of
teachers drawn from research conducted by the teacher quality
partnership and other regional and national educational research
efforts;
(B) A plan for implementing best practices in approved
teacher preparation institutions;
(C)
The number of graduates of approved teacher preparation
institutions who graduated with a subject area specialty and teach
grades seven through twelve. The number shall be disaggregated
according to the subject areas of mathematics, science, foreign
language, special education and related services, and any other
subject area determined by the state board chancellor.
(D) A plan to be implemented by the teacher preparation
programs approved by the state board chancellor under section
3319.23 3333.048 of the Revised Code for increasing the number of
classroom teachers in science, mathematics, and foreign language
toward meeting the identified needs for teachers in those subject
areas throughout the state but especially in hard-to-staff
schools.
The state board chancellor shall submit the report to the
governor, the speaker and minority leader of the house of
representatives, the president and minority leader of the senate,
the chairpersons and ranking minority members of the standing
committees of the house of representatives and the senate that
consider education legislation, and the chancellor of the state
board of regents.
Sec. 3333.122. (A) As used in this section:
(1)
"Eligible student" means a student who
is:
(a) An Ohio resident who first enrolls in an undergraduate
program in the 2006-2007 academic year or thereafter;
(b) If the student first enrolled in an
undergraduate
program in the 2006-2007 or 2007-2008 academic
year,
the student
is enrolled in one of the following:
(i) An accredited institution of higher education in this
state that meets the requirements of Title VI of the Civil Rights
Act of 1964 and is state-assisted, is nonprofit and has a
certificate of authorization
pursuant to Chapter 1713. of the
Revised Code,
has a
certificate
of registration from the state
board of
career colleges and schools and program authorization
to
award an
associate or
bachelor's degree, or is a private
institution exempt
from
regulation under Chapter 3332. of the
Revised Code as
prescribed
in section 3333.046 of the Revised
Code. Students who
attend an
institution that holds a certificate
of registration
shall be
enrolled in a program leading to an
associate or
bachelor's
degree
for which associate or bachelor's
degree program
the
institution
has program authorization issued
under section
3332.05 of the
Revised Code.
(ii) A technical education program of at least two years
duration sponsored by a private institution of higher education
in
this state that meets the requirements of Title VI of the
Civil
Rights Act of 1964;
(iii) A nursing diploma program approved by the board of
nursing under division (A)(5) of section 4723.06 of the Revised
Code and that meets the requirements of Title VI of the Civil
Rights Act of 1964.
(c) If the student first enrolled in an undergraduate program
after the 2007-2008 academic year, the student is
enrolled in
one of the following:
(i) An accredited institution of higher education in this
state that meets the requirements of Title VI of the Civil Rights
Act of 1964 and is state-assisted, is nonprofit and has a
certificate of authorization pursuant to Chapter 1713. of the
Revised Code, or is a private institution exempt from regulation
under Chapter 3332. of the Revised Code as prescribed in section
3333.046 of the Revised Code;
(ii) An education program of at least two years duration
sponsored by a private institution of higher education in this
state that meets the requirements of Title VI of the Civil Rights
Act of 1964 and has a certificate of authorization pursuant to
Chapter 1713. of the Revised Code;
(iii) A nursing diploma program approved by the board of
nursing under division (A)(5) of section 4723.06 of the Revised
Code and that meets the requirements of Title VI of the Civil
Rights Act of 1964.
(2) A student who participated in either the early college
high school program administered by the department of education or
in the post-secondary enrollment options program pursuant to
Chapter 3365. of the Revised Code before the 2006-2007 academic
year shall not be excluded from eligibility for a needs-based
financial aid grant under this section.
(3)
"Resident The chancellor of the Ohio board of regents
shall adopt rules to carry out this section and as authorized
under section 3333.123 of the Revised Code. The rules shall
include definitions of the terms "resident," "expected family
contribution" or "EFC,"
"full-time student," "three-quarters-time
student," "half-time
student," "one-quarter-time student," "state
cost of attendance," and
"accredited" shall be
defined by
rules
adopted by the chancellor of the Ohio board of
regents for the
purpose of those sections.
(B)(1) Only an Ohio resident who meets both of the following
is eligible for a grant awarded under this division:
(a) The resident has an expected family contribution of two
thousand one hundred ninety or less;
(b) The resident enrolls in an undergraduate
program or in a
nursing diploma program approved by the board of
nursing under
division (A)(5) of section 4723.06 of the Revised
Code, at a
state-assisted state institution of higher education,
as defined
in section 3345.12 of the Revised Code, that meets the
requirements of Title VI of the Civil Rights Act of 1964.
(2) The chancellor shall establish and
administer
a
needs-based financial aid grants program based on the United
States
department of education's method of determining financial
need and
may adopt rules to
carry out
this section. The program
shall be
known as the Ohio college opportunity grant program. The
general
assembly shall support the
needs-based financial aid
program by
such sums and in such manner as it
may provide, but
the chancellor
also may also receive funds from other
sources to
support the program.
If, for any academic year, the amounts
available for
support of the program are inadequate
to provide
grants to all
eligible students, the chancellor shall do one of
the following:
(a) Give preference in the
payment of grants shall be
given
in terms of based upon expected family
contribution, beginning
with the lowest expected family
contribution
category and
proceeding upward by category to the
highest expected family
contribution category;
(b) Proportionately reduce the amount of each grant to be
awarded for the academic year under division (B) of this section;
(c) Use an alternate formula for such grants that addresses
the shortage of available funds and has been submitted to and
approved by the controlling board.
A (3) The needs-based financial aid grant shall be paid to an
the eligible student
through the institution in which the student
is
enrolled,
except
that no
needs-based financial aid grant shall
be
paid to any person serving a
term of
imprisonment.
Applications
for
such the grants shall be made
as prescribed by
the chancellor, and
such applications may be made in
conjunction
with and upon the
basis of information provided in
conjunction
with student
assistance programs funded by agencies of
the United
States
government or from financial resources of the
institution
of
higher education. The institution shall certify
that the
student
applicant meets the requirements set forth in
divisions
(A)(1)(a)
and (b)
division (B)(1) of this section. Needs-based
financial aid grants
shall be
provided
to an eligible student
only as long as the
student is
making
appropriate progress toward
a nursing diploma or
an
associate or
bachelor's
degree. No
student shall be eligible
to
receive a grant for more
than ten
semesters, fifteen quarters,
or
the equivalent of five
academic
years. A grant made to an
eligible
student on the basis
of less
than full-time enrollment
shall be
based on the number of
credit
hours for which the student
is
enrolled and shall be
computed in
accordance with a formula
adopted by rule issued by
the
chancellor. No student
shall receive more than one
grant on
the
basis of less than
full-time enrollment.
A needs-based financial aid grant shall not exceed the total
instructional and general charges of the institution.
(C) The tables in this division prescribe the maximum grant
amounts covering two semesters, three quarters, or a comparable
portion of one academic year. Grant amounts for additional
terms
in the same academic year shall be determined under
division (D)
of this section.
As used in the tables in division (C) of this section:
(1) "Private institution" means an institution that is
nonprofit and has a certificate of authorization pursuant to
Chapter 1713. of the Revised Code.
(2) "Career college" means either an institution that holds a
certificate of registration from the state board of career
colleges and schools or a private institution exempt from
regulation under Chapter 3332. of the Revised Code as prescribed
in section 3333.046 of the Revised Code.
Full-time students shall be eligible to receive awards
according to the following table:
Full-Time Enrollment
|
If the EFC is equal to or greater than: |
|
And if the EFC is no more than: |
|
If the student attends a public institution, the annual award shall be: |
|
If the student attends a private institution, the annual award shall be: |
|
If the student attends a career college, the annual award shall be: |
|
$2,101 |
|
$2,190 |
|
$300 |
|
$600 |
|
$480 |
|
2,001 |
|
2,100 |
|
402 |
|
798 |
|
642 |
|
1,901 |
|
2,000 |
|
498 |
|
1,002 |
|
798 |
|
1,801 |
|
1,900 |
|
600 |
|
1,200 |
|
960 |
|
1,701 |
|
1,800 |
|
702 |
|
1,398 |
|
1,122 |
|
1,601 |
|
1,700 |
|
798 |
|
1,602 |
|
1,278 |
|
1,501 |
|
1,600 |
|
900 |
|
1,800 |
|
1,440 |
|
1,401 |
|
1,500 |
|
1,002 |
|
1,998 |
|
1,602 |
|
1,301 |
|
1,400 |
|
1,098 |
|
2,202 |
|
1,758 |
|
1,201 |
|
1,300 |
|
1,200 |
|
2,400 |
|
1,920 |
|
1,101 |
|
1,200 |
|
1,302 |
|
2,598 |
|
2,082 |
|
1,001 |
|
1,100 |
|
1,398 |
|
2,802 |
|
2,238 |
|
901 |
|
1,000 |
|
1,500 |
|
3,000 |
|
2,400 |
|
801 |
|
900 |
|
1,602 |
|
3,198 |
|
2,562 |
|
701 |
|
800 |
|
1,698 |
|
3,402 |
|
2,718 |
|
601 |
|
700 |
|
1,800 |
|
3,600 |
|
2,280 |
|
501 |
|
600 |
|
1,902 |
|
3,798 |
|
3,042 |
|
401 |
|
500 |
|
1,998 |
|
4,002 |
|
3,198 |
|
301 |
|
400 |
|
2,100 |
|
4,200 |
|
3,360 |
|
201 |
|
300 |
|
2,202 |
|
4,398 |
|
3,522 |
|
101 |
|
200 |
|
2,298 |
|
4,602 |
|
3,678 |
|
1 |
|
100 |
|
2,400 |
|
4,800 |
|
3,840 |
|
0 |
|
0 |
|
2,496 |
|
4,992 |
|
3,996 |
Three-quarters-time students shall be eligible to receive
awards according to the following table:
Three-Quarters-Time Enrollment
|
If the EFC is equal to or greater than: |
|
And the EFC is no more than: |
|
If the student attends a public institution, the annual award shall be: |
|
If the student attends a private institution, the annual award shall be: |
|
If the student attends a career college, the annual award shall be: |
|
$2,101 |
|
$2,190 |
|
$228 |
|
$450 |
|
$360 |
|
2,001 |
|
2,100 |
|
300 |
|
600 |
|
480 |
|
1,901 |
|
2,000 |
|
372 |
|
750 |
|
600 |
|
1,801 |
|
1,900 |
|
450 |
|
900 |
|
720 |
|
1,701 |
|
1,800 |
|
528 |
|
1,050 |
|
840 |
|
1,601 |
|
1,700 |
|
600 |
|
1,200 |
|
960 |
|
1,501 |
|
1,600 |
|
678 |
|
1,350 |
|
1,080 |
|
1,401 |
|
1,500 |
|
750 |
|
1,500 |
|
1,200 |
|
1,301 |
|
1,400 |
|
822 |
|
1,650 |
|
1,320 |
|
1,201 |
|
1,300 |
|
900 |
|
1,800 |
|
1,440 |
|
1,101 |
|
1,200 |
|
978 |
|
1,950 |
|
1,560 |
|
1,001 |
|
1,100 |
|
1,050 |
|
2,100 |
|
1,680 |
|
901 |
|
1,000 |
|
1,128 |
|
2,250 |
|
1,800 |
|
801 |
|
900 |
|
1,200 |
|
2,400 |
|
1,920 |
|
701 |
|
800 |
|
1,272 |
|
2,550 |
|
2,040 |
|
601 |
|
700 |
|
1,350 |
|
2,700 |
|
2,160 |
|
501 |
|
600 |
|
1,428 |
|
2,850 |
|
2,280 |
|
401 |
|
500 |
|
1,500 |
|
3,000 |
|
2,400 |
|
301 |
|
400 |
|
1,578 |
|
3,150 |
|
2,520 |
|
201 |
|
300 |
|
1,650 |
|
3,300 |
|
2,640 |
|
101 |
|
200 |
|
1,722 |
|
3,450 |
|
2,760 |
|
1 |
|
100 |
|
1,800 |
|
3,600 |
|
2,880 |
|
0 |
|
0 |
|
1,872 |
|
3,744 |
|
3,000 |
Half-time students shall be eligible to receive awards
according to the following table:
Half-Time Enrollment
|
If the EFC is equal to or greater than: |
|
And if the EFC is no more than: |
|
If the student attends a public institution, the annual award shall be: |
|
If the student attends a private institution, the annual award shall be: |
|
If the student attends a career college, the annual award shall be: |
|
$2,101 |
|
$2,190 |
|
$150 |
|
$300 |
|
$240 |
|
2,001 |
|
2,100 |
|
204 |
|
402 |
|
324 |
|
1,901 |
|
2,000 |
|
252 |
|
504 |
|
402 |
|
1,801 |
|
1,900 |
|
300 |
|
600 |
|
480 |
|
1,701 |
|
1,800 |
|
354 |
|
702 |
|
564 |
|
1,601 |
|
1,700 |
|
402 |
|
804 |
|
642 |
|
1,501 |
|
1,600 |
|
450 |
|
900 |
|
720 |
|
1,401 |
|
1,500 |
|
504 |
|
1,002 |
|
804 |
|
1,301 |
|
1,400 |
|
552 |
|
1,104 |
|
882 |
|
1,201 |
|
1,300 |
|
600 |
|
1,200 |
|
960 |
|
1,101 |
|
1,200 |
|
654 |
|
1,302 |
|
1,044 |
|
1,001 |
|
1,100 |
|
702 |
|
1,404 |
|
1,122 |
|
901 |
|
1,000 |
|
750 |
|
1,500 |
|
1,200 |
|
801 |
|
900 |
|
804 |
|
1,602 |
|
1,284 |
|
701 |
|
800 |
|
852 |
|
1,704 |
|
1,362 |
|
601 |
|
700 |
|
900 |
|
1,800 |
|
1,440 |
|
501 |
|
600 |
|
954 |
|
1,902 |
|
1,524 |
|
401 |
|
500 |
|
1,002 |
|
2,004 |
|
1,602 |
|
301 |
|
400 |
|
1,050 |
|
2,100 |
|
1,680 |
|
201 |
|
300 |
|
1,104 |
|
2,202 |
|
1,764 |
|
101 |
|
200 |
|
1,152 |
|
2,304 |
|
1,842 |
|
1 |
|
100 |
|
1,200 |
|
2,400 |
|
1,920 |
|
0 |
|
0 |
|
1,248 |
|
2,496 |
|
1,998 |
One-quarter-time students shall be eligible to receive awards
according to the following table:
One-Quarter-Time Enrollment
|
If the EFC is equal to or greater than: |
|
And if the EFC is no more than: |
|
If the student attends a public institution, the annual award shall be: |
|
If the student attends a private institution, the annual award shall be: |
|
If the student attends a career college, the annual award shall be: |
|
$2,101 |
|
$2,190 |
|
$78 |
|
$150 |
|
$120 |
|
2,001 |
|
2,100 |
|
102 |
|
198 |
|
162 |
|
1,901 |
|
2,000 |
|
126 |
|
252 |
|
198 |
|
1,801 |
|
1,900 |
|
150 |
|
300 |
|
240 |
|
1,701 |
|
1,800 |
|
174 |
|
348 |
|
282 |
|
1,601 |
|
1,700 |
|
198 |
|
402 |
|
318 |
|
1,501 |
|
1,600 |
|
228 |
|
450 |
|
360 |
|
1,401 |
|
1,500 |
|
252 |
|
498 |
|
402 |
|
1,301 |
|
1,400 |
|
276 |
|
552 |
|
438 |
|
1,201 |
|
1,300 |
|
300 |
|
600 |
|
480 |
|
1,101 |
|
1,200 |
|
324 |
|
648 |
|
522 |
|
1,001 |
|
1,100 |
|
348 |
|
702 |
|
558 |
|
901 |
|
1,000 |
|
378 |
|
750 |
|
600 |
|
801 |
|
900 |
|
402 |
|
798 |
|
642 |
|
701 |
|
800 |
|
426 |
|
852 |
|
678 |
|
601 |
|
700 |
|
450 |
|
900 |
|
720 |
|
501 |
|
600 |
|
474 |
|
948 |
|
762 |
|
401 |
|
500 |
|
498 |
|
1,002 |
|
798 |
|
301 |
|
400 |
|
528 |
|
1,050 |
|
840 |
|
201 |
|
300 |
|
552 |
|
1,098 |
|
882 |
|
101 |
|
200 |
|
576 |
|
1,152 |
|
918 |
|
1 |
|
100 |
|
600 |
|
1,200 |
|
960 |
|
0 |
|
0 |
|
624 |
|
1,248 |
|
1,002 |
(D)(4)(a) No grant awarded under division (B) of this
section shall exceed the total state cost of attendance.
(b) Subject to divisions (B)(4)(a) and (c) of this section,
the amount of a grant awarded to a student under division (B) of
this section shall equal the student's remaining state cost of
attendance after the student's Pell grant and expected family
contribution are applied to the instructional and general charges
for the undergraduate program. However, for students enrolled in a
state university or college as defined in section 3345.12 of the
Revised Code or a university branch, the chancellor may provide
that the grant amount shall equal the student's remaining
instructional and general charges for the undergraduate program
after the student's Pell grant and expected family contribution
have been applied to those charges, but, in no case, shall the
grant amount for such a student exceed any maximum that the
chancellor may set by rule.
(c) For a full-time student enrolled in an eligible
institution a program described in division (B)(1)(b) of this
section for a semester or quarter in addition to the portion
of
the
academic year covered by a grant determined under division
(C)(B) of this section, the
maximum grant amount shall be a
percentage of the maximum
prescribed specified in the applicable
any table of
that division established in rules adopted by the
chancellor as provided in division (A) of this section. The
maximum grant for a fourth quarter shall be
one-third of the
maximum amount so prescribed under that division.
The maximum
grant for a third semester shall be one-half of the
maximum
amount
so prescribed under that division.
(E)(C)(1) The chancellor shall establish by rule and
administer a block grant program to provide money to support
needs-based financial aid grants for Ohio resident students
enrolled in nursing or undergraduate programs of nonprofit
private institutions in this state holding certificates of
authorization pursuant to Chapter 1713. of the Revised Code and a
separate block grant program to provide money for such grants to
Ohio resident
students enrolled in nursing or undergraduate
programs of
career colleges in this state that hold certificates
of
registration from the state board of career colleges and
schools
or are exempt from regulation under Chapter 3332. of the
Revised
Code as prescribed in section 3333.046 of the Revised
Code and hold certificates of authorization pursuant to Chapter
1713. of the Revised Code. The
former shall be known as the
private higher education
needs-based
financial aid block grant
program and the latter, the
career
college needs-based financial
aid block grant program. The
general
assembly shall support
these programs in such sums and in
such
manner as it may
provide, but the chancellor also may
receive
funds from other
sources to support the programs.
(2) The chancellor by rule shall determine the eligibility of
the nonprofit private institutions and career colleges for, the
terms and conditions of, and the manner of distributing, grants
under each program, as well as determine the needs-based standard
that shall apply to grants awarded to students under each program.
The rules shall include a requirement that, on the financial aid
statement that it shall provide to each student aid recipient, a
nonprofit private institution or career college receiving a grant
under this division must note that a portion of the student's
award is from the state of Ohio.
(D)
No grant shall be made pursuant to division (B) or (C) of
this section to any student in a course of
study in theology,
religion, or other field of preparation for a
religious profession
unless such course of study leads to an
accredited bachelor of
arts, bachelor of science, associate of
arts, or associate of
science degree.
(F)(E)(1) Except as provided in division (F)(E)(2) of this
section,
no grant shall be made to any student for enrollment
during a
fiscal year in an under division (B) of this section if
the state institution of higher education under that division has,
and no grant shall be made to a nonprofit private institution or
career college under division (C) of this section if the
institution with or college has, a
cohort default rate
determined
by the United
States secretary of education
pursuant to
the
"Higher Education
Amendments of 1986," 100
Stat. 1278, 1408,
20
U.S.C.A. 1085, as amended, as of
the fifteenth day of June
preceding the fiscal year,
equal to or greater than thirty per
cent for each of the preceding two
fiscal years.
(2) Division (F)(E)(1) of this section does not apply to in
the case of either of the
following:
(a) Any student enrolled in an The university institution
that under the or college pursuant to
federal law appeals its
loss of eligibility for federal financial
aid and the United
States secretary of education determines its
cohort default rate
after recalculation is lower than the rate
specified
in division
(F)(E)(1) of this section or the secretary
determines due to
mitigating circumstances that the institution or college may
continue to
participate in federal financial aid programs. The
chancellor
shall adopt rules requiring institutions any such
appellant to
provide
information
to the chancellor regarding an
appeal to the
chancellor.
(b) Any student who has previously received a grant under
pursuant to any provision of this section, including prior to the
section's amendment by H.B. 1 of the 128th general
assembly,
and
who meets all other eligibility requirements of
this section
for
the respective grant under division (B) or (C)
of this
section.
(3) The chancellor shall adopt rules for the notification
of
all
institutions or colleges whose students will be ineligible to
participate
in
the grant program pursuant to division
(F)(E)(1)
of this
section.
(4) A student's attendance at an any institution or college
whose
students
lose eligibility are ineligible for grants under
due to division (F)(E)(1)
of this section
shall not affect that
student's eligibility to
receive a grant
when enrolled in another
institution or college.
(G) Institutions of higher education (F)(1) A state
university or state institution of higher education that enroll
enrolls students
receiving needs-based financial aid grants under
division (B) of this section
shall report to
the chancellor all
students who have received
such needs-based financial aid
grants
but
are no longer eligible for
all or part of such those grants
and shall
refund any moneys due the
state within thirty days
after the
beginning of the quarter or
term immediately following
the quarter
or term in which the
student was no longer eligible
to receive all
or part of the
student's grant. There shall
be an
interest
charge
of one per cent
per month on all moneys due and
payable
after such
thirty-day
period. The chancellor shall
immediately
notify the office
of
budget and management and
the
legislative service commission
of
all
refunds so received.
(2) A nonprofit private institution or career college that
receives a
grant under division (C) of this section shall report
to the
chancellor all students who have received a portion of
that award
and shall report the amount of its award not
distributed to
students. That amount shall be deducted from the
next such grant
amount received by the institution or college.
Sec. 3333.123. (A) As used in this section:
(1) "The Ohio college opportunity grant program" means the
program established under section 3333.122 of the Revised Code.
(2) "Rules for the Ohio college opportunity grant program"
means the rules authorized in division (S) of section 3333.04 of
the Revised Code for the implementation of the program.
(B) In adopting rules for the Ohio college opportunity grant
program, the chancellor of the Ohio board of regents may include
provisions that give preferential or priority funding to
low-income students who in their primary and secondary school work
participate in or complete rigorous academic coursework, attain
passing scores on the tests assessments prescribed in section
3301.0710 of the
Revised Code, or meet other high academic
performance standards
determined by the chancellor to reduce the
need for remediation
and ensure academic success at the
postsecondary education level.
Any such rules shall include a
specification of procedures needed
to certify student achievement
of primary and secondary standards
as well as the timeline for
implementation of the provisions
authorized by this section.
Sec. 3333.28. (A) The chancellor of the Ohio board of
regents shall establish
the nurse education
assistance program,
the purpose of which shall be to make loans to students
enrolled
in prelicensure nurse education programs at institutions approved
by
the board of
nursing under section 4723.06 of the Revised Code
and
postlicensure nurse education programs approved by the
chancellor under section 3333.04 of the Revised Code or offered by
an institution holding a certificate of authorization issued under
Chapter 1713. of the Revised Code. The board of
nursing shall
assist the chancellor in administering the program.
(B) There is hereby created in the state treasury the
nurse
education assistance fund, which shall consist of all money
transferred to it pursuant to section 4743.05 of the Revised
Code.
The fund shall be used by the chancellor for loans made under
division (A) of this section and for expenses
of
administering the
loan program.
(C) Between July 1, 2005, and January 1, 2012, the chancellor
shall distribute money in the nurse education assistance fund in
the following manner:
(1)(a) Fifty per cent of available funds shall be awarded as
loans to registered nurses enrolled in postlicensure nurse
education programs described in division (A) of this section. To
be eligible for a loan, the applicant shall provide the chancellor
with a letter of intent to practice as a faculty member at a
prelicensure or postlicensure program for nursing in this state
upon completion of the applicant's academic program.
(b) If the borrower of a loan under division (C)(1)(a) of
this section secures employment as a faculty member of an approved
nursing education program in this state within six months
following graduation from an approved nurse education program, the
chancellor may forgive the principal and interest of the student's
loans received under division (C)(1)(a) of this section at a rate
of twenty-five per cent per year, for a maximum of four years, for
each year in which the borrower is so employed. A deferment of the
service obligation, and other conditions regarding the forgiveness
of loans may be granted as provided by the rules adopted under
division (D)(7) of this section.
(c) Loans awarded under division (C)(1)(a) of this section
shall be awarded on the basis of the student's expected family
contribution, with preference given to those applicants with the
lowest expected family contribution. However, the chancellor may
consider other factors the chancellor determines relevant in
ranking the applications.
(d) Each loan awarded to a student under division (C)(1)(a)
of this section shall be not less than five thousand dollars per
year.
(2) Twenty-five per cent of available funds shall be awarded
to students enrolled in prelicensure nurse education programs for
registered nurses, as defined in section 4723.01 of the Revised
Code.
(3) Twenty-five per cent of available funds shall be awarded
to students enrolled in prelicensure professional nurse education
programs for licensed practical nurses, as defined in section
4723.01 of the Revised Code.
After January 1, 2012, the chancellor shall determine the
manner in which to distribute loans under this section.
(D) Subject to the requirements specified in division (C) of
this section, the chancellor shall adopt
rules in accordance with
Chapter 119. of the Revised Code establishing:
(1) Eligibility criteria for receipt of a loan;
(2) Loan application procedures;
(3) The amounts in which loans may be made and the total
amount that may be loaned to an individual;
(4) The total amount of loans that can be made each year;
(5) The percentage of the money in the fund that must
remain
in the fund at all times as a fund balance;
(6) Interest and principal repayment schedules;
(7) Conditions under which a portion of principal and
interest obligations incurred by an individual under the program
will be forgiven;
(8) Ways that the program may be used to encourage
individuals who are members of minority groups to enter the
nursing profession;
(9) Any other matters incidental to the operation of the
program.
(E) The obligation to repay a portion of the principal and
interest on a loan made under this section shall be forgiven if
the recipient of the loan meets the criteria for forgiveness
established by division (C)(1)(b) of this section, in the case of
loans awarded under division (C)(1)(a) of this section, or by the
chancellor under the
rule adopted under division (D)(7) of this
section, in the case of other loans awarded under this section.
(F) The receipt of a loan under this section shall not
affect
a student's eligibility for assistance, or the amount of
that
assistance, granted under section 3333.12, 3333.122, 3333.22,
3333.26,
3333.27, 5910.03, 5910.032, or 5919.34 of the Revised
Code, but
the rules of the chancellor may
provide for taking
assistance received under those sections into consideration
when
determining a student's eligibility for a loan under this
section.
Sec. 3333.35. The state board of education and
the
chancellor of the Ohio board of regents shall strive to reduce
unnecessary student
remediation costs incurred by colleges and
universities in this state,
increase overall access for students
to higher education, enhance the
post-secondary enrollment options
program in accordance with Chapter
3365. of the Revised Code, and
enhance the alternative resident educator licensure
program in
accordance
with section 3319.26 of the Revised Code.
Sec. 3333.38. (A) As used in this section:
(1) "Institution of higher education" includes all of the
following:
(a) A state institution of higher education, as defined in
section 3345.011 of the Revised Code;
(b) A nonprofit institution issued a certificate of
authorization under Chapter 1713. of the Revised Code;
(c) A private institution exempt from regulation under
Chapter 3332. of the Revised Code, as prescribed in section
3333.046 of the Revised Code;
(d) An institution of higher education with a certificate of
registration from the state board of career colleges and schools
under Chapter 3332. of the Revised Code.
(2) "Student financial assistance supported by state funds"
includes assistance granted under sections 3315.33, 3333.12,
3333.122, 3333.21, 3333.26, 3333.27, 3333.28, 3333.372,
3333.391,
5910.03,
5910.032, and 5919.34 of the Revised Code, financed by
an
award
under the choose Ohio first scholarship program
established under
section 3333.61 of the Revised Code, or
financed by an award
under the Ohio
co-op/internship
program
established
under
section 3333.72 of the
Revised Code,
and any
other
post-secondary
student financial
assistance
supported by
state
funds.
(B) An individual who is convicted of, pleads guilty to, or
is adjudicated a delinquent child for one of the following
violations shall be ineligible to receive any student financial
assistance supported by state funds at an institution of higher
education for two calendar years from the time the individual
applies for assistance of that nature:
(1) A violation of section 2917.02 or 2917.03 of the Revised
Code;
(2) A violation of section 2917.04 of the Revised Code that
is a misdemeanor of the fourth degree;
(3) A violation of section 2917.13 of the Revised Code that
is a misdemeanor of the fourth or first degree and occurs within
the proximate area where four or more others are acting in a
course of conduct in violation of section 2917.11 of the Revised
Code.
(C) If an individual is convicted of, pleads guilty to, or is
adjudicated a delinquent child for committing a violation of
section 2917.02 or 2917.03 of the Revised Code, and if the
individual is enrolled in a state-supported institution of higher
education, the institution in which the individual is enrolled
shall immediately dismiss the individual. No state-supported
institution of higher education shall admit an individual of that
nature for one academic year after the individual applies for
admission to a state-supported institution of higher education.
This division does not limit or affect the ability of a
state-supported institution of higher education to suspend or
otherwise discipline its students.
Sec. 3333.39. The chancellor of the Ohio board of regents and
the superintendent of public instruction shall establish and
administer the teach Ohio program to promote and encourage
citizens of this state to consider teaching as a profession. The
program shall include all of the following:
(A) A statewide program administered by a nonprofit
corporation that has been in existence for at least fifteen years
with demonstrated results in encouraging high school students from
economically disadvantaged groups to enter the teaching
profession. The chancellor and superintendent jointly shall select
the nonprofit corporation.
(B) The Ohio teaching fellows program established under
sections 3333.391 and 3333.392 of the Revised Code;
(C) The Ohio teacher residency program established under
section 3319.223 of the Revised Code;
(D) Alternative licensure procedures established under
section
3319.26 of the Revised Code;
(E) Any other program as identified by the chancellor and the
superintendent.
Sec. 3333.391. (A) As used in this section and in section
3333.392 of the Revised Code:
(1) "Academic year" shall be as defined by the chancellor of
the Ohio board of regents.
(2) "Hard-to-staff school" and "hard-to-staff subject" shall
be as defined by the department of education.
(3) "Parent" means the parent, guardian, or custodian of a
qualified student.
(4) "Qualified service" means teaching at a qualifying
school.
(5) "Qualifying school" means a hard-to-staff school district
building or a school district building that has a performance
rating of academic watch or academic emergency under section
3302.03 of the Revised Code at the time the recipient becomes
employed by the district.
(B) The chancellor of the Ohio board of regents and the
superintendent of public instruction jointly shall develop and
agree on a plan for the Ohio teaching fellows program to promote
and encourage high school seniors to enter and remain in the
teaching profession. Upon agreement of such a plan, the chancellor
shall establish and administer the program in conjunction with the
superintendent and with the cooperation of teacher training
institutions. Under the program, the chancellor annually shall
provide scholarships to students who commit to teaching in a
qualifying school for a minimum of four years upon graduation from
a teacher training program at a state institution of higher
education. The scholarships shall be for up to four years at the
undergraduate level at an amount determined by the chancellor
based on state appropriations.
(C) The chancellor shall adopt a competitive process for
awarding scholarships under the teaching fellows program, which
shall include minimum grade point average and scores on national
standardized tests for college admission. The process shall also
give additional consideration to all of the following:
(1) A person who has participated in the program described in
division (A) of section 3333.39 of the Revised Code;
(2) A person who plans to specialize in teaching students
with special needs;
(3) A person who plans to teach in the disciplines of
science, technology, engineering, or mathematics.
The chancellor shall require that all applicants to the
teaching fellows program shall file a statement of service status
in compliance with section 3345.32 of the Revised Code, if
applicable, and that all applicants have not been convicted of,
plead guilty to, or adjudicated a delinquent child for any
violation listed in section 3333.38 of the Revised Code.
(D) Teaching fellows shall complete the four-year teaching
commitment within not more than seven years after graduating from
the teacher training program. Failure to fulfill the commitment
shall convert the scholarship into a loan to be repaid under
section 3333.392 of the Revised Code.
(E) The chancellor shall adopt rules in accordance with
Chapter 119. of the Revised Code to administer this section and
section 3333.392 of the Revised Code.
Sec. 3333.392. (A) Each recipient who accepts a scholarship
under the Ohio teaching fellows program created under section
3333.391 of the Revised Code, or the recipient's parent if the
recipient is younger than eighteen years of age, shall sign a
promissory note payable to the state in the event the recipient
does not satisfy the service requirement of division (D) of
section 3333.391 of the Revised Code or the scholarship is
terminated. The amount payable under the note shall be the amount
of total scholarships accepted by the recipient under the program
plus ten per cent interest accrued annually beginning on the first
day of September after graduating from the teacher training
program or immediately after termination of the scholarship. The
period of repayment under the note shall be determined by the
chancellor of the Ohio board of regents. The note shall stipulate
that the obligation to make payments under the note is canceled
following completion of four years of qualified service by the
recipient in accordance with division (D) of section 3333.391 of
the Revised Code, or if the recipient dies, becomes totally and
permanently disabled, or is unable to complete the required
qualified service as a result of a reduction in force at the
recipient's school of employment before the obligation under the
note has been satisfied.
(B) Repayment of the principal amount of the scholarship and
interest accrued shall be deferred while the recipient is enrolled
in an approved teaching program, while the recipient is seeking
employment to fulfill the service obligation, for a period not to
exceed six months, or while the recipient is engaged in qualified
service.
(C) During the seven-year period following the recipient's
graduation from an approved teaching program, the chancellor shall
deduct twenty-five per cent of the outstanding balance that may be
converted to a loan for each year the recipient teaches at a
qualifying school.
(D) The chancellor may terminate the scholarship, in which
case the scholarship shall be converted to a loan to be repaid
under division (A) of this section.
(E) The scholarship shall be deemed terminated upon the
recipient's withdrawal from school or the recipient's failure to
meet the standards of the scholarship as determined by the
chancellor and shall be converted to a loan to be repaid under
division (A) of this section.
(F) The chancellor and the attorney general shall collect
payments on the converted loan in accordance with section 131.02
of the Revised Code.
Sec. 3333.83. (A) A student who is enrolled in a
school
operated by a school district or in a community school or
STEM
school may enroll
in a course through the
clearinghouse only if
both of the
following conditions are
satisfied:
(1) The student's enrollment in the course is approved by the
student's school district, community school, or
STEM school.
(2) The student's school district,
community
school, or
STEM school agrees to accept for credit the
grade
assigned by
the
course
provider,
if that provider is another school
district, community
school, or
STEM school.
(B) For each student enrolled in a school operated by a
school district or in a community school or STEM school who is
enrolling in a course provided through the clearinghouse by
another school district, community school, or STEM school, the
student's
school district, community school, or
STEM school
shall transmit
the student's name to the
course provider.
The course provider may request from
the
student's school
district, community school,
or STEM school other
information
from the student's school
record. The
district or
school shall
provide the
requested information only in accordance
with
section 3319.321 of
the Revised Code.
(C) The student's school district, community
school, or STEM
school shall determine the manner in which and
facilities at
which
the student shall participate in the course
consistent
with
specifications for technology and connectivity
adopted by
the
chancellor of the Ohio board of
regents.
(D) A student may withdraw from a course prior to the end of
the course only by a date and in a manner prescribed by the
student's school district, community school, or STEM school.
(E) A student who is enrolled in a school operated by a
school district or in a community school or STEM school that is
governed as provided in section 3326.51 of the Revised Code and
who
takes a course
through the clearinghouse shall be
counted
in the
formula ADM
of a school district under section
3317.03
of the
Revised Code as
if the student were taking the
course
from the
student's school
district,
community school, or STEM
school.
Sec. 3333.90. (A) As used in this section:
(1) "Allocated state share of instruction" means, for any
fiscal year, the amount of the state share of instruction
appropriated to the Ohio board of regents by the general assembly
that is allocated to a community or technical college or community
or technical college district for such fiscal year.
(2) "Authority" means the Ohio building authority.
(3) "Bond service charges" has the same meaning as in section
152.09 of the Revised Code.
(4) "Chancellor" means the chancellor of the Ohio board of
regents.
(5) "Community or technical college" or "college" means any
of the following state-supported or state-assisted institutions of
higher education:
(a) A community college as defined in section 3354.01 of the
Revised Code;
(b) A technical college as defined in section 3357.01 of the
Revised Code;
(c) A state community college as defined in section 3358.01
of the Revised Code.
(6) "Community or technical college district" or "district"
means any of the following institutions of higher education that
are state-supported or state-assisted:
(a) A community college district as defined in section
3354.01 of the Revised Code;
(b) A technical college district as defined in section
3357.01 of the Revised Code;
(c) A state community college district as defined in section
3358.01 of the Revised Code.
(7) "Credit enhancement facilities" has the same meaning as
in section 133.01 of the Revised Code.
(8) "Obligations" has the meaning as in section 152.09 or
3345.12 of the Revised Code, as the context requires.
(B) The board of trustees of any community or technical
college district authorizing the issuance of obligations under
section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the
Revised Code, or for whose benefit and on whose behalf the
authority proposes to issue obligations under division (G) of
section 152.09 of the Revised Code, may adopt a resolution
requesting the chancellor to enter into an agreement with the
community or technical college district and the primary paying
agent or fiscal agent for such obligations, providing for the
withholding and deposit of funds otherwise due the district or the
community or technical college it operates in respect of its
allocated state share of instruction, for the payment of bond
service charges on such obligations.
The board of trustees shall deliver to the chancellor a copy
of the resolution and any additional pertinent information the
chancellor may require.
The chancellor and the office of budget and management, and
the authority in the case of obligations to be issued by the
authority, shall evaluate each request received from a community
or technical college district under this section. The chancellor,
with the advice and consent of the director of budget and
management and the authority in the case of obligations to be
issued by the authority, shall approve each request if all of the
following conditions are met:
(1) Approval of the request will enhance the marketability of
the obligations for which the request is made;
(2) The chancellor and the office of budget and management,
and the authority in the case of obligations to be issued by the
authority, have no reason to believe the requesting community or
technical college district or the community or technical college
it operates will be unable to pay when due the bond service
charges on the obligations for which the request is made, and bond
service charges on those obligations are therefore not anticipated
to be paid pursuant to this section from the allocated state share
of instruction for purposes of Section 17 of Article VIII, Ohio
Constitution.
(3) Any other pertinent conditions established in rules
adopted under division (H) of this section.
(C) If the chancellor approves the request of a community or
technical college district to withhold and deposit funds pursuant
to this section, the chancellor shall enter into a written
agreement with the district and the primary paying agent or fiscal
agent for the obligations, which agreement shall provide for the
withholding of funds pursuant to this section for the payment of
bond service charges on those obligations. The agreement may also
include both of the following:
(1) Provisions for certification by the district to the
chancellor, prior to the deadline for payment of the applicable
bond service charges, whether the district and the community or
technical college it operates are able to pay those bond service
charges when due;
(2) Requirements that the district or the community or
technical college it operates deposits amounts for the payment of
those bond service charges with the primary paying agent or fiscal
agent for the obligations prior to the date on which the bond
service charges are due to the owners or holders of the
obligations.
(D) Whenever a district or the community or technical college
it operates notifies the chancellor that it will not be able to
pay the bond service charges when they are due, subject to the
withholding provisions of this section, or whenever the applicable
paying agent or fiscal agent notifies the chancellor that it has
not timely received from a district or from the college it
operates the full amount needed for payment of the bond service
charges when due to the holders or owners of such obligations, the
chancellor shall immediately contact the district or college and
the paying agent or fiscal agent to confirm that the district and
the college are not able to make the required payment by the date
on which it is due.
If the chancellor confirms that the district and the college
are not able to make the payment and the payment will not be made
pursuant to a credit enhancement facility, the chancellor shall
promptly pay to the applicable primary paying agent or fiscal
agent the lesser of the amount due for bond service charges or the
amount of the next periodic distribution scheduled to be made to
the district or to the college in respect of its allocated state
share of instruction. If this amount is insufficient to pay the
total amount then due the agent for the payment of bond service
charges, the chancellor shall continue to pay to the agent from
each periodic distribution thereafter, and until the full amount
due the agent for unpaid bond service charges is paid in full, the
lesser of the remaining amount due the agent for bond service
charges or the amount of the next periodic distribution scheduled
to be made to the district or college in respect of its allocated
state share of instruction.
(E) The chancellor may make any payments under this section
by direct deposit of funds by electronic transfer.
Any amount received by a paying agent or fiscal agent under
this section shall be applied only to the payment of bond service
charges on the obligations of the community or technical college
district or community or technical college subject to this section
or to the reimbursement of the provider of a credit enhancement
facility that has paid the bond service charges.
(F) The chancellor may make payments under this section to
paying agents or fiscal agents during any fiscal biennium of the
state only from and to the extent that money is appropriated to
the board of regents by the general assembly for distribution
during such biennium for the state share of instruction and only
to the extent that a portion of the state share of instruction has
been allocated to the community or technical college district or
community or technical college. Obligations of the authority or of
a community or technical college district to which this section is
made applicable do not constitute an obligation or a debt or a
pledge of the faith, credit, or taxing power of the state, and the
holders or owners of those obligations have no right to have
excises or taxes levied or appropriations made by the general
assembly for the payment of bond service charges on the
obligations, and the obligations shall contain a statement to that
effect. The agreement for or the actual withholding and payment of
money under this section does not constitute the assumption by the
state of any debt of a community or technical college district or
a community or technical college, and bond service charges on the
related obligations are not anticipated to be paid from the state
general revenue fund for purposes of Section 17 of Article VIII,
Ohio Constitution.
(G) In the case of obligations subject to the withholding
provisions of this section, the issuing community or technical
college district, or the authority in the case of obligations
issued by the authority, shall appoint a paying agent or fiscal
agent who is not an officer or employee of the district or
college.
(H) The chancellor, with the advice and consent of the office
of budget and management, may adopt reasonable rules not
inconsistent with this section for the implementation of this
section to secure payment of bond service charges on obligations
issued by a community or technical college district or by the
authority for the benefit of a community or technical college
district or the community or technical college it operates. Those
rules shall include criteria for the evaluation and approval or
denial of community or technical college district requests for
withholding under this section.
(I) The authority granted by this section is in addition to
and not a limitation on any other authorizations granted by or
pursuant to law for the same or similar purposes.
Sec. 3334.01. As used in this chapter:
(A) "Aggregate original principal amount" means the
aggregate
of the initial offering prices to the public of college
savings
bonds, exclusive of accrued interest, if any. "Aggregate
original
principal amount" does not mean the aggregate accreted
amount
payable at maturity or redemption of such bonds.
(1) An individual designated by the purchaser under a
tuition
payment contract or through a scholarship program
as the
individual on whose behalf tuition units purchased
under the
contract or awarded through the scholarship program will be
applied
toward the payment of undergraduate, graduate, or
professional tuition;
or
(2) An individual designated by the contributor under a
variable
college savings program contract as the individual whose
tuition and other
higher education expenses will be paid from a
variable college savings program
account.
(C) "Capital appreciation bond" means a bond for which the
following is true:
(1) The principal amount is less than the amount payable
at
maturity or early redemption; and
(2) No interest is payable on a current basis.
(D) "Tuition unit" means a credit of the Ohio tuition
trust
authority
purchased under section 3334.09 of the Revised
Code.
"Tuition unit" includes a tuition credit purchased prior to July
1, 1994.
(E) "College savings bonds" means revenue and other
obligations issued on behalf of the state or any agency or
issuing
authority thereof as a zero-coupon or capital
appreciation bond,
and designated as college savings bonds as
provided in this
chapter. "College savings bond issue" means any
issue of bonds of
which any part has been designated as college
savings bonds.
(F) "Institution of higher education" means a state
institution of higher education, a private college,
university, or
other postsecondary institution located in this state that
possesses a certificate of authorization issued by the Ohio board
of regents
pursuant to Chapter 1713. of the Revised Code or a
certificate of registration
issued by the state board of
career
colleges and schools under
Chapter
3332. of the Revised Code, or
an accredited college,
university, or other postsecondary
institution located outside
this state that
is accredited by an
accrediting organization or
professional association recognized
by
the authority chancellor of the Ohio board of regents. To be
considered an institution of higher education, an
institution
shall meet the definition of an eligible educational institution
under section 529 of the Internal Revenue Code.
(G) "Issuing authority" means any authority, commission,
body, agency, or individual empowered by the Ohio
Constitution or
the Revised Code to issue bonds or any other debt obligation
of
the state or any agency or department thereof. "Issuer" means
the
issuing authority or, if so designated under division (B) of
section 3334.04 of the Revised Code, the treasurer of state.
(H) "Tuition" means the charges imposed to attend an
institution of higher education as an undergraduate, graduate, or
professional
student and all fees required as a condition of
enrollment, as determined by
the Ohio tuition trust authority
chancellor.
"Tuition" does not include laboratory fees,
room and
board, or
other similar fees
and charges.
(I) "Weighted average tuition" means the tuition cost
resulting from the
following calculation:
(1) Add the products of the annual undergraduate tuition
charged to Ohio residents
at each four-year state university
multiplied by that
institution's total number of undergraduate
fiscal year equated
students; and
(2) Divide the gross total of the products from division
(I)(1) of this section by the total number of undergraduate
fiscal
year equated students attending four-year state
universities.
When making this calculation, the "annual undergraduate
tuition charged to Ohio residents" shall not incorporate any
tuition reductions that vary in amount among individual recipients
and that are awarded to Ohio residents based upon their particular
circumstances, beyond any minimum amount awarded uniformly to all
Ohio residents. In addition, any tuition reductions awarded
uniformly to all Ohio residents shall be incorporated into this
calculation.
(J) "Zero-coupon bond" means a bond which has a stated
interest rate of zero per cent and on which no interest is
payable
until the maturity or early redemption of the bond, and
is offered
at a substantial discount from its original stated
principal
amount.
(K) "State institution of higher education" includes the
state universities listed in section 3345.011 of the Revised
Code,
community colleges created pursuant to Chapter 3354. of the
Revised Code, university branches created pursuant to Chapter
3355. of the Revised Code, technical colleges created pursuant to
Chapter 3357. of the Revised Code, state community colleges
created pursuant to Chapter 3358. of the Revised Code, and the
northeastern Ohio universities
college of medicine.
(L) "Four-year state university" means those state
universities listed in section 3345.011 of the Revised Code.
(M) "Principal amount" refers to the initial offering
price
to the public of an obligation, exclusive of the accrued
interest,
if any. "Principal amount" does not refer to the
aggregate
accreted amount payable at maturity or redemption of an
obligation.
(N) "Scholarship program" means a program registered with
the
Ohio tuition
trust authority chancellor pursuant to section
3334.17 of
the
Revised Code.
(O) "Internal Revenue Code" means the
"Internal Revenue Code
of 1986," 100 Stat.
2085, 26 U.S.C.A. 1 et seq., as amended.
(P) "Other higher education expenses" means
room and board
and books, supplies, equipment, and
nontuition-related fees
associated with the cost of attendance
of a beneficiary at an
institution of higher education, but only
to the extent that such
expenses meet the definition of
"qualified higher education
expenses" under section 529 of the
Internal Revenue Code. "Other
higher education
expenses" does not include tuition as defined in
division
(H) of this section.
(Q) "Purchaser" means
the person signing the tuition payment
contract, who controls
the account and acquires tuition units
for
an account under
the terms and conditions of the contract.
(R) "Contributor" means a person who signs a variable
college
savings program contract with the Ohio tuition trust
authority
chancellor and
contributes to and owns the account created under
the contract.
(S) "Contribution" means any payment directly allocated to an
account for the benefit of the designated beneficiary of the
account.
Sec. 3334.02. (A) In order to help make higher education
affordable and accessible to all citizens of Ohio, to maintain
state institutions of higher education by helping to provide a
stable financial base to these institutions, to provide the
citizens of Ohio with financing assistance for higher education
and protection against rising tuition costs, to encourage saving
to enhance the ability of citizens of Ohio to obtain financial
access to institutions of higher education, to encourage
elementary and secondary students in this state to achieve
academic excellence, and to promote a well-educated and
financially secure population to the ultimate benefit of all
citizens of the state of Ohio, there is hereby created the Ohio
college savings program. The program shall consist of the
issuance
of college savings bonds and the sale of tuition
units.
(B) The provisions of Chapter 1707. of the Revised Code
shall
not apply to tuition
units or any agreement or
transaction related
thereto.
(C) To provide the citizens of Ohio with a choice of
tax-advantaged college savings programs and the opportunity to
participate in
more than one type of
college savings program at a
time, the chancellor of the Ohio tuition trust
authority board of
regents shall establish and
administer a variable college savings
program
as a qualified state
tuition program under section 529 of
the
Internal Revenue Code.
The program shall
allow contributors to
make cash contributions to variable college savings
program
accounts created for the purpose of paying future tuition and
other
higher education expenses and providing variable rates of
return
on contributions.
(D) A person may participate simultaneously in both the
Ohio
college
savings program and the variable college
savings program.
Sec. 3334.03. (A) The chancellor of the Ohio board of
regents shall operate programs under this chapter as a qualified
state tuition program within the meaning of section 529 of the
Internal Revenue Code. The chancellor's exercise of the
chancellor's powers under this chapter shall be and is hereby
declared to be an essential state government function. In
exercising powers under this chapter, the chancellor is subject to
all provisions of law generally applicable to state agencies that
do not conflict with the provisions of this chapter.
(B) The chancellor shall provide the Ohio tuition trust
advisory board with administrative assistance and all necessary
documentation regarding the chancellor's administration of the
programs established under this chapter and the costs of that
administration in order to assist the advisory board in its
preparation of the annual report required under section 3334.031
of the Revised Code and its quarterly meetings.
(C) The chancellor may adopt rules establishing advisory
duties and responsibilities of the advisory board not otherwise
prescribed by law.
Sec. 3334.03 3334.031. (A) There is hereby created the Ohio
tuition
trust authority, which shall have the powers enumerated
in
this
chapter and which shall operate as a qualified state tuition
program within the meaning of section 529 of the Internal
Revenue
Code. The exercise by the authority of its
powers shall be and is
hereby declared an essential state governmental
function. The
authority is subject to all provisions of law
generally applicable
to state agencies
which
do not conflict with
the provisions
of
this chapter The Ohio tuition trust advisory board is hereby
established to advise the chancellor of the Ohio board of regents
on the chancellor's duties and responsibilities under this chapter
and on other matters established by the chancellor in rules
adopted under section 3334.03 of the Revised Code.
(B) The Ohio tuition trust authority advisory board shall
submit to the general assembly, in accordance with division (B) of
section 101.68 of the Revised Code, and to the governor, an annual
report on the chancellor's administration of the programs
established under this chapter.
(C) The advisory board shall consist of
eleven
members, no
more than six of whom shall be of the same
political
party. Six
Seven members shall be appointed by the governor with
the
advice
and consent of the senate as follows: one shall represent
state
institutions of higher education, one shall represent
private
nonprofit colleges and universities located in Ohio, one
shall
have
experience in the field of marketing or public
relations, one
shall have
experience in the field of information
systems design
or
management, and
two three shall have experience in the
field of
banking, investment
banking, insurance, or law. Four
members shall
be
appointed by the speaker of the house of
representatives and
the
president of the senate as follows: the
speaker of the house
of
representatives shall appoint one member
of the house from each
political party and the president of the
senate shall appoint one
member of the senate from each political
party. The chancellor
of
the board of regents shall be an ex
officio voting member;
provided, however, that the chancellor may
designate a
vice-chancellor of the board of regents to serve as
the
chancellor's
representative. The political party of the
chancellor
shall be
deemed the political party of the designee for
purposes
of
determining that no more than six members are of the
same
political party.
Initial gubernatorial appointees to the authority advisory
board shall
serve
staggered terms, with two terms expiring on
January 31,
1991, one
term expiring on January 31, 1992, and one
term
expiring on
January 31, 1993. The governor shall appoint two
additional
members to the authority advisory board no later than
thirty days after
March 30, 1999, and their initial
terms shall
expire January 31,
2002. The governor shall appoint an additional
member to the advisory board not later than ninety days after the
effective date of this amendment, and the member's initial term
shall expire January 31, 2013. Thereafter, terms of office
for
gubernatorial appointees shall be for four years. The initial
terms of the four legislative members shall expire on January 31,
1991. Thereafter legislative members shall serve two-year terms,
provided that legislative members may continue to serve on the
authority advisory board only if they remain members of the
general assembly.
Any vacancy on the authority advisory board
shall be filled in the same manner
as
the original appointment,
except that any person appointed to
fill
a vacancy shall be
appointed to the remainder of the
unexpired
term. Any member is
eligible for reappointment.
(C)(D) Any member may be removed by the appointing authority
for misfeasance, malfeasance, or willful neglect of duty or for
other cause after notice and a public hearing, unless the notice
and hearing are waived in writing by the member. Members shall
serve without compensation but shall receive their reasonable and
necessary expenses incurred in the conduct of authority business.
(D)(E) The speaker of the house of representatives and the
president of the senate shall each designate a member of the
authority advisory board to serve as co-chairpersons. The six
seven gubernatorial
appointees and the chancellor of the board of
regents or
the
chancellor's
designee shall serve as the executive
committee of
the authority advisory board,
and shall elect an
executive chairperson from among
the
executive
committee members.
The authority advisory board and the executive
committee may
elect
such other officers as determined by the
authority advisory board
or the
executive committee respectively. The authority
advisory
board shall meet at
least annually quarterly at the call of either
co-chairperson
and at such other times as either co-chairperson or
the
authority
advisory board determines necessary. In the absence
of both co-chairpersons,
the
executive chairperson shall serve as
the presiding officer of the
authority advisory board. The
executive committee shall meet at the call of the
executive
chairperson or as the executive committee determines
necessary.
The authority advisory board may delegate to the executive
committee
such duties
and responsibilities as the authority
advisory board determines
appropriate, except
that the authority
may not delegate to the
executive committee
the final
determination of the annual price of
a tuition
unit,
the final
designation of bonds as college
savings bonds, or the
employment
of an executive director of the
authority. Upon such
delegation,
the executive committee shall
have the authority to
act pursuant
to such delegation without
further approval or
action by the
authority advisory board. A majority of the
authority advisory
board shall
constitute a quorum of the authority advisory board,
and the
affirmative vote of
a majority of the members present
shall be
necessary for any action taken by
the authority advisory
board. A majority of
the executive committee shall constitute a
quorum of the executive
committee, and the affirmative vote of a
majority of
the members
present shall
be necessary for any action
taken by the executive
committee. No
vacancy in the membership of
the authority advisory board or the
executive
committee shall
impair the rights of a quorum to
exercise all
rights and perform
all duties of the authority advisory board or the
executive
committee, respectively.
Sec. 3334.032. Whenever the term "Ohio tuition trust
authority" is used, referred to, or designated in any statute,
rule, contract, grant, or other document, the use, reference, or
designation shall be construed to mean the "chancellor of the Ohio
board of regents."
Sec. 3334.04. (A) Any bonds authorized for issuance by
any
issuing authority may, with the approval of the chancellor of the
Ohio
tuitition trust authority board of regents and at the option
of the
issuing authority, be designated as college savings bonds
in
accordance with this chapter. Bonds so designated shall be
known
as college savings bonds. The issuer shall sell as college
savings bonds as many bonds from such an issue as is practical.
(B) Issuing authorities designating bonds as a college
savings bonds issue, with the approval of the authority
chancellor, may
delegate to the treasurer of state the powers and
duties related
to the issuance and retirement of the bonds as
provided by law.
The financing costs, including the expenses
incurred by the
treasurer of the state in performing the powers
and duties, are
payable as provided in the bond proceedings from
the bond
proceeds, special funds, or other moneys available.
(C) In connection with the authority granted by division
(B)
of this section, the issuer, with the approval of the
authority
chancellor, may contract for services of financial consultants,
accounting experts, marketing, remarketing, underwriter and
administrative agents, and other consultants and independent
contractors as the issuer determines necessary to carry out such
powers and duties.
(D) Notwithstanding any limitation to the contrary,
college
savings bonds may be sold at public or private sale in a
manner
which assures, to the extent practicable, the broadest
retail
distribution of the bonds to investors residing in the
state.
(E) Holders of college savings bonds have all of the
rights
and remedies accorded to such holders under the provisions
of the
law pursuant to which such bonds are issued, whether or
not
issuance of such bonds has been delegated to the treasurer of
state pursuant to division (B) of this section. In addition, the
bond proceedings or other documents pertaining to the bonds may
contain such covenants of the issuer and other matters deemed
advisable by the issuer in consultation with the authority
chancellor,
including the terms and conditions for creating and
maintaining
sinking funds, reserve funds, and any other special
funds as may
be created in the bond proceedings separate and apart
from all
other funds and accounts of the state or of the issuing
authority.
(F) In advertising or promoting the sale of college
savings
bonds, the issuer and the authority chancellor jointly may
encourage
purchasers to apply the value at maturity of college
savings
bonds toward the cost of tuition at an institution of
higher
education; however, neither the authority chancellor, the
treasurer of
state, nor the issuing authority or the issuer shall
provide any
guarantee, nor shall any guarantee be inferred, to the
effect
that the value at maturity of the bonds held by a person
shall be
an amount sufficient to pay for the cost of tuition at
any
institution of higher education attended by that person for
such
purposes as he the person determines.
Sec. 3334.06. (A) The chancellor of the Ohio tuition trust
authority board of regents shall,
after consultation with the
issuer, develop a plan for the sale
of college savings bonds. The
plan shall include:
(1) An advertising program to inform the public about the
availability of college savings bonds;
(2) The estimated cost of financing and administering the
plan;
(3) A description of the ongoing administrative authority
and
responsibility for the plan.
(B) The authority chancellor shall approve the sale of a
college
savings bond issue under division (A) of section 3334.04
of the
Revised Code only after it the chancellor has determined
that the issuance would
comply with section 3334.04 of the Revised
Code.
(C) The authority chancellor shall cooperate with all state
issuing
authorities in identifying potential bond issues which may
be
appropriate for designation as college savings bonds and shall
encourage those issuing authorities to participate in the Ohio
college savings program.
Sec. 3334.07. (A) The chancellor of the Ohio tuition trust
authority
board of regents shall develop a plan for the sale of
tuition units.
The Ohio board of regents shall
cooperate with the
authority and provide technical assistance
upon request.
(B) Annually, the authority chancellor shall determine the
weighted
average tuition of four-year state universities in the
academic
year that begins on or after the first day of August of
the
current calendar year, and shall establish the price of a
tuition
unit in the ensuing sales period. Such price shall be
based on
sound actuarial principles, and shall, to the extent
actuarially
possible, reasonably approximate one per cent of the
weighted
average tuition for that academic year plus the costs of
administering the program that are in excess of
general revenue
fund appropriations for administrative costs. The sales
period to
which such price applies shall consist of
twelve months, and the
authority chancellor by rule shall establish the date
on which the
sales period begins. If circumstances arise during a sales
period
that the authority
chancellor determines causes the price of
tuition units to be insufficient to ensure
the
actuarial soundness
of the Ohio tuition trust
fund, the authority chancellor may
adjust the price of tuition units purchased during
the remainder
of the sales period. To promote the purchase of
tuition units and
in accordance with actuarially sound
principles, the authority
chancellor may adjust the sales price as part of
incentive
programs, such as discounting for lump sum purchases
and
multi-year installment plans at a fixed rate of purchase.
Sec. 3334.08. (A) Subject to division (B) of this
section,
in addition to any other powers
conferred by this chapter, the
chancellor of the Ohio tuition trust authority board of regents
may
do any of the following:
(1) Impose reasonable residency requirements for
beneficiaries of tuition units;
(2) Impose reasonable limits on the number of tuition
unit
participants;
(3) Impose and collect administrative fees and charges in
connection with any transaction under this chapter;
(4) Purchase insurance from insurers licensed to do
business
in this state providing for coverage against any loss in
connection with the authority's property, assets, or activities
or
to further ensure the value of tuition units;
(5) Indemnify or purchase policies of insurance on behalf
of
members, officers, and employees of the authority chancellor from
insurers licensed to do business in this state providing for
coverage for any liability incurred in connection with any civil
action, demand, or claim against a director, officer, or an
employee
by reason of an act or omission by the director, officer,
or employee that was not manifestly outside the scope of the
employment or official duties of the director, officer, or
employee or
with malicious purpose, in bad
faith, or in a wanton
or reckless manner;
(6) Make, execute, and deliver contracts, conveyances, and
other instruments necessary to the exercise and discharge of the
powers and duties of the authority chancellor;
(7) Promote, advertise, and publicize the Ohio college
savings
program and the variable college savings program;
(8) Adopt rules under section 111.15 of the Revised Code
for
the implementation of the Ohio college savings program;
(9) Contract, for the provision of all or part of the
services necessary for the management and operation of the
Ohio
college savings program and the variable college savings program,
with
a bank, trust company, savings and
loan association,
insurance company, or licensed dealer in
securities if the bank,
company, association, or dealer is
authorized to do business in
this state and information about the
contract is filed with the
controlling board pursuant to division
(D)(6) of section 127.16 of
the Revised Code;
(10) Contract for other services, or for goods, needed by
the
authority chancellor in the conduct of its the chancellor's
business under this chapter, including but not
limited to credit
card services;
(11) Employ an executive director and other personnel as
necessary to carry out its responsibilities under this chapter,
and fix the compensation of these persons. All employees of the
authority shall be in the unclassified civil service and shall be
eligible for membership in the public employees retirement
system.
(12) Contract with financial consultants, actuaries,
auditors, and other consultants as necessary to carry out its
the
chancellor's responsibilities under this chapter;
(13)(12) Enter into agreements with any agency of the state
or
its political subdivisions or with private employers under
which
an employee may agree to have a designated amount deducted
in
each payroll period from the wages or salary due the employee
for
the purpose of purchasing tuition units pursuant to a tuition
payment contract or making contributions pursuant to a variable
college
savings program contract;
(14)(13) Enter into an agreement with the treasurer of state
under which the treasurer of state will receive, and credit to
the
Ohio tuition trust fund or variable college savings program fund,
from any bank or savings and loan
association authorized to do
business in this state, amounts that
a depositor of the bank or
association authorizes the bank or
association to withdraw
periodically from the depositor's account
for the
purpose of
purchasing tuition units pursuant to a tuition
payment contract or
making contributions pursuant to a variable college
savings
program contract;
(15)(14) Solicit and accept gifts, grants, and loans from any
person or governmental agency and participate in any governmental
program;
(16)(15) Impose limits
on the number of units which may be
purchased on behalf of or assigned or awarded to any beneficiary
and on the
total amount of contributions that may be made on
behalf of a beneficiary;
(17)(16) Impose restrictions on the substitution of another
individual for the original beneficiary under the Ohio college
savings program;
(18)(17) Impose a limit on the age of a beneficiary, above
which tuition units may not be purchased on
behalf of that
beneficiary;
(19)(18) Enter into a cooperative agreement with the
treasurer
of state to provide for the direct disbursement of
payments under
tuition payment or variable college savings program
contracts;
(20)(19) Determine the other higher education expenses for
which
tuition units or contributions may be used;
(21)(20) Terminate any tuition payment or variable college
savings program contract if no
purchases or contributions are made
for a period of three years or more
and there
are fewer than a
total of five tuition units or less
than a dollar amount set by
rule
on account, provided that notice of a possible termination
shall
be provided in advance, explaining any options to prevent
termination, and a reasonable amount of time shall be provided
within which to act to prevent a termination;
(22)(21) Maintain a separate account for each tuition payment
or variable
college savings program contract;
(23)(22) Perform all acts necessary and proper to carry out
the duties and responsibilities of the authority chancellor
pursuant to this
chapter.
(B) The authority chancellor shall adopt rules
under section
111.15 of the Revised Code for the
implementation
and
administration of the variable college savings program. The rules
shall
provide taxpayers with the maximum tax advantages and
flexibility consistent
with
section 529 of the Internal Revenue
Code and
regulations adopted
thereunder with regard to disposition
of contributions and earnings,
designation of beneficiaries, and
rollover of account assets to other
programs.
(C) Except as otherwise specified in this chapter, the
provisions of Chapters 123., 125., and 4117. of the Revised Code
shall not apply to the authority. The department of
administrative
services shall, upon the request of the authority,
act as the
authority's agent for the purchase of equipment,
supplies,
insurance, or services, or the performance of
administrative
services pursuant to Chapter 125. of the Revised
Code chancellor's
exercise of duties and responsibilities under this chapter.
Sec. 3334.09. (A) Except in the case of a scholarship
program
established in accordance with section 3334.17 of the
Revised Code, the chancellor of the Ohio
tuition trust authority
board of regents may enter into a tuition payment contract with
any
person for the purchase of tuition units if either the
purchaser or the beneficiary is a resident of this state at the
time the
contract is entered into. A tuition payment contract
shall allow any
person to purchase tuition units at the price
determined by the
authority chancellor pursuant to section 3334.07
or 3334.12 of the Revised
Code for the year in which the tuition
unit is purchased. The purchaser
shall name in the payment
contract one specific individual as the beneficiary
for the
tuition units.
In accordance with rules of the authority chancellor, units
may
be transferred to the credit of another beneficiary and a new
beneficiary
may be substituted for the
beneficiary originally
named in the contract.
(B) Each tuition unit shall entitle the beneficiary to
an
amount equal to one per cent of the weighted average tuition.
(C) Nothing in this chapter or in any tuition payment
contract entered into pursuant to this chapter shall be construed
as a guarantee by the state, the authority chancellor, or any
institution of
higher education that a beneficiary will be
admitted to an
institution of higher education, or, upon admission
to an
institution of higher education, will be permitted to
continue to
attend or will receive a degree from an institution of
higher
education. Nothing in this chapter or in any tuition
payment
contract entered into pursuant to this chapter shall be
considered a guarantee that the beneficiary's cost of tuition at
an institution of higher education other than a state institution
of higher education will be covered in full by the proceeds of
the
beneficiary's tuition units.
(D) The following information shall be disclosed in
writing
to each purchaser of tuition units and, where
appropriate, to each
entity establishing a scholarship
program under section 3334.17 of
the Revised Code:
(1) The terms and conditions for the purchase and use
of
tuition units;
(2) In the case of a contract described by division (A)
of
this section, any restrictions on the substitution of another
individual for the original beneficiary and any restrictions on
the transfer of ownership of units in the payment account;
(3) The person or entity entitled to terminate the
contract;
(4) The terms and conditions under which the contract may
be
terminated and the amount of the refund, if any, to which the
person or entity terminating the contract, or that person's or
entity's designee, is entitled upon termination;
(5) The obligation of the authority chancellor to make
payments to a
beneficiary, or an institution of higher education
on behalf of a
beneficiary, under division (B) of this section
based upon the
number of tuition units purchased on behalf of the
beneficiary
or awarded to the beneficiary pursuant to a
scholarship program;
(6) The method by which tuition units shall be applied
toward
payment of tuition and other higher education expenses if in any
academic term the beneficiary is a part-time student;
(7) The period of time during which a beneficiary may
receive
benefits under the contract;
(8) The terms and conditions under which money may be
wholly
or partially withdrawn from the program, including, but
not
limited to, any reasonable charges and fees that may be
imposed
for withdrawal;
(9) All other rights and obligations of the purchaser and
the
authority chancellor, including the provisions of division (A) of
section 3334.12 of the Revised Code, and any other terms,
conditions, and provisions the authority chancellor considers
necessary and
appropriate.
(E) A tuition payment contract may provide that the
authority
chancellor will pay directly to the institution of higher
education in which a beneficiary is enrolled during a term the
amount represented by the tuition units being used that term.
(F) A tuition payment contract described by division
(A) of
this section may provide that if the contract has
not been
terminated or units purchased under the contract have not been
applied
toward the payment of tuition or other higher education
expenses within a
specified period of time, the authority
chancellor may, after making a reasonable
effort to locate the
purchaser of the tuition units, the
beneficiary, and any person
designated in the contract to act on
behalf of the purchaser of
the units or the beneficiary,
terminate the contract and retain
the amounts payable under the
contract.
(G) If, at any time after tuition units are purchased on
behalf of a beneficiary or awarded to a beneficiary or pursuant
to
a scholarship program, the
beneficiary becomes a nonresident of
this state, or, if the beneficiary was
not a resident of this
state at the time the tuition payment contract was
entered into,
the purchaser becomes a nonresident of this state,
units purchased
or awarded while the beneficiary was a resident may be
applied on
behalf of the beneficiary toward
the payment of tuition at an
institution of higher education and other higher
education
expenses
in the manner specified in division (B) of this section,
except that
if the beneficiary enrolls in a state institution of
higher
education, the beneficiary shall be responsible for payment
of
all nonresident fees charged to out-of-state residents by the
institution in which the beneficiary is enrolled.
Sec. 3334.10. Divisions (A)
and (B) of this
section do not
apply to
scholarship programs established under
section 3334.17 of
the Revised Code.
(A) Unless otherwise provided for in the
tuition
payment
contract, the purchaser may rollover amounts to another qualified
tuition program under section 529 of the Internal Revenue Code or
terminate the contract for any reason by filing written
notice
with the chancellor of the Ohio tuition trust authority board of
regents.
(1)
If the contract is terminated and the beneficiary is
under eighteen years of age, the authority chancellor shall use
actuarially sound principles to determine the
amount of
the
refund.
(2)
If
the contract is terminated because of the death or
permanent
disability of the beneficiary,
the amount of the refund
shall be
equal to the greater of the
following:
(a) One per cent of the weighted average tuition in the
academic year the
refund is paid, multiplied by
the number of
tuition
units purchased and not
used;
(b) The total purchase price of all tuition
units
purchased
for the
beneficiary and not used.
(3) If all or part of the amount accrued under the contract
is liquidated for a rollover to another qualified tuition program
under section 529 of the Internal Revenue Code, the rollover
amount shall be determined in an actuarially sound manner.
(B) The
contributor of a variable college
savings program
account may
rollover amounts to another qualified tuition program
under section 529 of the Internal Revenue Code or terminate the
account for any
reason by filing written notice with the Ohio
tuition trust
authority chancellor.
The
contributor
may
receive an amount equal to the account
balance, less
any applicable
administrative
fees.
(C) A scholarship program
may request
a refund of
tuition
units in the program's account
by filing a written
request with
the authority chancellor. The refund
shall be paid to the
entity
that established
the scholarship
program or, with that
entity's
approval, to the
authority chancellor if this
is authorized by
federal tax
law. The amount of any refund shall
be determined by
the authority chancellor and shall meet the requirements for
refunds made on
account of scholarships under section 529 of the
Internal
Revenue
Code.
(D) The authority chancellor shall maintain a separate
account for
each
variable college savings
contract
entered into
pursuant to division
(A) of
section 3334.18 of the Revised Code
for
contributions
made on
behalf of a beneficiary, showing the
name of the beneficiary
of
that
contract
and the amount of
contributions made pursuant to that
contract.
Upon request of any
beneficiary or contributor, the authority chancellor shall provide
a
statement indicating, in the
case of a beneficiary, the amount
of
contributions made pursuant
to that
contract on behalf of the
beneficiary, or,
in the case of
a
contributor, contributions made,
disbursed, or refunded
pursuant
to that
contract.
Sec. 3334.11. (A) The assets of the Ohio tuition trust
authority reserved for payment of the obligations of the
authority
pursuant to tuition payment contracts shall be placed
in a fund,
which is hereby created and shall be known as the
Ohio
tuition
trust fund. The fund shall be in the custody of the
treasurer of
state, but shall not be part of the state treasury.
That portion
of payments received by the authority chancellor of the Ohio board
of regents or the
treasurer of state from persons purchasing
tuition units under
tuition payment contracts that the authority
chancellor determines is
actuarially necessary for the payment of
obligations of the
authority pursuant to tuition payment
contracts, all interest and
investment income earned by the fund,
and all other receipts of
the authority chancellor from any other
source that the authority
chancellor determines appropriate, shall
be deposited in the fund. No
purchaser or beneficiary of tuition
units shall have any claim
against the funds of any state
institution of higher education.
All investment fees and other
costs incurred in connection with
the exercise of the investment
powers of the authority chancellor pursuant
to divisions (D) and
(E) of this section shall be paid from the
assets of the fund.
(B) Unless otherwise provided by the authority chancellor,
the assets
of the Ohio tuition trust fund shall be expended in the
following
order:
(1) To make payments to beneficiaries, or institutions of
higher education on behalf of beneficiaries, under division (B)
of
section 3334.09 of the Revised Code;
(2) To make refunds as provided in divisions (A) and
(C) of
section 3334.10 of the Revised Code;
(3) To pay the investment fees and other costs of
administering the fund.
(C)(1) Except as may be provided in an agreement under
division (A)(19)(18) of section 3334.08 of the Revised Code,
all
disbursements from the Ohio tuition trust fund shall be made by
the treasurer of state on order of a designee of the authority
chancellor.
(2) The treasurer of state shall deposit any portion of
the
Ohio tuition trust fund not needed for immediate use in the
same
manner as state funds are deposited.
(D) The authority chancellor is the trustee of the Ohio
tuition trust
fund. The authority chancellor shall have full power
to invest the
assets of the fund and in exercising this power
shall be subject to the
limitations and requirements contained in
divisions
(K) to (M) of this section and
sections 145.112 and
145.113 of the Revised Code. The
evidences of title of all
investments shall be
delivered to the
treasurer of state or to a
qualified trustee designated by the
treasurer of state as
provided
in section 135.18 of the Revised Code. Assets of the
fund shall be
administered by the authority chancellor in a manner designed
to
be actuarially sound so that the assets of the fund will be
sufficient to satisfy the obligations of the authority pursuant
to
tuition payment contracts and defray the reasonable expenses
of
administering the fund.
(E) The public employees retirement board shall, with the
approval of the authority, exercise the investment powers of the
authority as set forth The chancellor may contract with any
business, entity, or government agency to carry out the
chancellor's investment powers provided in division (D) of this
section until the
authority determines that assumption and
exercise by the
authority of the investment powers is financially
and
administratively feasible. The investment powers shall be
exercised by the public employees retirement board contractor in a
manner
agreed upon by the authority chancellor that maximizes the
return on
investment and minimizes the administrative expenses.
(F)(1) The authority chancellor shall maintain a separate
account for
each
tuition payment contract entered into pursuant to
division (A) of section
3334.09 of the Revised Code for the
purchase of
tuition units on behalf of a beneficiary or
beneficiaries
showing the beneficiary or beneficiaries of that
contract and the
number of tuition units purchased pursuant to
that contract.
Upon request of any beneficiary or person who has
entered into a
tuition payment contract, the authority chancellor
shall provide a statement
indicating, in the case of a
beneficiary, the number of tuition
units purchased on behalf of
the beneficiary, or in the case of
a person who has entered into a
tuition payment contract, the
number of tuition units purchased,
used, or refunded pursuant
to that contract. A beneficiary and
person that have entered
into a tuition payment contract each may
file only one request
under this division in any year.
(2) The authority chancellor shall maintain an account for
each
scholarship program showing the number of tuition units that
have been purchased for or donated to the program and the number
of tuition units that have been used. Upon the request of the
entity that established the scholarship program, the authority
chancellor shall
provide a statement indicating these numbers.
(G) In addition to the Ohio tuition trust fund, there is
hereby established a reserve fund that shall be in the
custody
of
the treasurer of state but shall not be part of the state
treasury, and shall be known as the Ohio tuition trust reserve
fund, and an operating fund that shall be part of the
state
treasury, and shall be known as the Ohio tuition trust operating
fund. That portion of payments received by the authority
chancellor or the
treasurer of state from persons purchasing
tuition units under
tuition payment contracts that the authority
chancellor determines is
not
actuarially necessary for the payment
of obligations of the
authority pursuant to tuition payment
contracts, any interest and
investment income earned by the
reserve fund, any administrative
charges and fees imposed by the
authority chancellor on transactions under
this chapter or on
purchasers or beneficiaries of tuition
units, and all other
receipts from any other source that
the
authority chancellor
determines appropriate, shall be deposited in the
reserve fund to
pay the operating expenses of the authority chancellor and
the
costs of administering the program. The assets of the
reserve fund
may be invested in the same manner and subject to
the same
limitations set forth in divisions (D), (E),
and (K) to (M) of
this
section and sections 145.112 and 145.113 of the Revised Code.
All investment
fees and
other costs incurred in
connection with
the exercise of the investment powers shall
be
paid from the
assets of the reserve fund. Except as otherwise
provided for in
this chapter, all operating expenses of the
authority chancellor
and costs of administering the program shall be paid
from the
operating fund. The treasurer shall, upon request of
the authority
chancellor, transfer funds from the reserve fund to the
operating
fund as the authority chancellor determines appropriate to pay
those current operating expenses of the authority and costs of
administering the program as the authority chancellor designates.
Any
interest or investment income earned on the assets of the
operating fund shall be deposited in the operating fund.
(H) In January of each year the authority chancellor shall
report to
each person who received any payments or refunds under
this chapter from the
authority chancellor during the preceding
year information relative to the
value of the payments or refunds
to assist in determining
that
person's tax liability.
(I) The authority chancellor shall report to the tax
commissioner
any information, and at the times, as
the tax
commissioner
requires to determine any tax liability that a person
may have
incurred during the preceding year as a result of having
received
any payments or refunds from the authority chancellor.
(J) All records of the authority chancellor indicating the
identity
of purchasers and beneficiaries of tuition units or
college
savings bonds, the number of tuition units purchased,
used, or
refunded under a tuition payment contract, and the number
of
college savings bonds purchased, held, or redeemed are not
public
records within the meaning of section 149.43 of the Revised
Code.
(K) The authority chancellor and other
fiduciaries shall
discharge their duties with respect to the
funds with care, skill,
prudence,
and diligence under the circumstances then prevailing
that a
prudent person acting in a like capacity and familiar with
such
matters would use in the conduct of an enterprise of a like
character and with like aims; and by diversifying the investments
of the assets of the funds so as to minimize the risk of large
losses,
unless
under the circumstances it is clearly prudent not
to do so.
To facilitate investment of the funds, the authority
chancellor may establish a
partnership, trust, limited liability
company, corporation, including a
corporation exempt from taxation
under the Internal Revenue
Code, 100 Stat. 2085, 26 U.S.C. 1, as
amended, or
any other legal entity authorized to transact business
in this state.
(L) In exercising its the chancellor's fiduciary
responsibility with
respect to the investment of the assets of the
funds, it shall be the
intent of the authority chancellor to give
consideration to investments that enhance the
general welfare of
the state and its citizens where the
investments offer quality,
return, and safety comparable to other
investments currently
available to the authority chancellor. In fulfilling this
intent,
equal consideration shall also be given to investments
otherwise
qualifying under this section that involve minority
owned and
controlled firms and firms owned and controlled by
women, either
alone or in joint venture with other firms.
The
authority chancellor shall adopt, in regular meeting,
establish policies, objectives, or
criteria for the operation of
the investment program
that include asset
allocation targets and
ranges, risk factors, asset class benchmarks, time
horizons, total
return objectives, and performance evaluation guidelines.
In
adopting establishing policies and criteria for the selection of
agents with
whom the authority chancellor may contract for the
administration of the assets of the
funds, the authority
chancellor shall give equal consideration to minority owned and
controlled firms, firms owned and controlled by women, and
ventures involving minority owned and controlled firms and firms
owned and controlled by women that otherwise meet the policies and
criteria
established by the authority chancellor. Amendments and
additions to the policies and
criteria shall be adopted in regular
meeting. The authority chancellor shall publish its
the policies,
objectives, and criteria under this provision no less often than
annually and
shall make copies available to interested parties.
When reporting on the performance of investments, the
authority chancellor shall
comply
with the performance
presentation standards established by the association for
investment management and research.
(M) All investments shall be purchased at current market
prices and the evidences of title of the investments shall be
placed in the hands of the treasurer of state, who is hereby
designated as custodian thereof, or in the hands of the
treasurer
of state's authorized agent. The treasurer of state or the
agent
shall collect the principal, dividends, distributions, and
interest
thereon as they become due and payable and place them
when so collected into
the custodial funds.
The treasurer of state shall pay for investments purchased by
the
authority chancellor on receipt of written or electronic
instructions from the authority
chancellor or the authority's
chancellor's designated agent authorizing the purchase and pending
receipt of the
evidence of title of the investment by the
treasurer of state or the treasurer
of state's authorized agent.
The authority chancellor may sell investments held by the
authority chancellor, and the treasurer of state or the treasurer
of state's authorized
agent shall accept payment from the
purchaser
and deliver evidence of title of the investment to the
purchaser on receipt of
written or electronic instructions from
the authority chancellor or the authority's
chancellor's
designated agent authorizing the sale, and pending receipt of the
moneys for
the investments. The amount received shall be placed in
the custodial funds.
The authority chancellor and the treasurer
of state may enter into agreements to
establish procedures for the
purchase and sale of investments under this
division and the
custody of the investments.
No purchase or sale of any investment shall be made under
this section
except as authorized by the authority chancellor.
Any statement of financial position distributed by the
authority chancellor shall
include fair value, as of the statement
date, of all investments held by the
authority chancellor under
this section.
Sec. 3334.12. Notwithstanding anything to the contrary in
sections 3334.07 and 3334.09 of the Revised Code:
(A) Annually, the chancellor of the Ohio tuition trust
authority board of regents shall have
the actuarial soundness of
the Ohio tuition trust fund evaluated
by a nationally recognized
actuary and shall determine whether
additional assets are
necessary to defray the obligations of the
authority. If, after
the authority chancellor sets the price for tuition
units,
circumstances
arise that the executive director
chancellor
determines necessitate an additional
evaluation of the actuarial
soundness of the fund, the executive director
chancellor shall
have a
nationally recognized actuary conduct the necessary
evaluation.
If
the assets of the fund are insufficient to ensure
the actuarial
soundness of the fund, the authority chancellor
shall adjust
the price of
subsequent purchases of tuition
units
to
the extent
necessary to help restore the actuarial soundness of
the fund. If, at
any time, the adjustment is likely, in the
opinion of the
authority chancellor, to diminish the marketability
of tuition units to an
extent that the continued sale of the units
likely would not
restore the actuarial soundness of the fund and
external economic factors continue to negatively impact the
soundness of the program, the authority chancellor may suspend
sales, either permanently or temporarily, of tuition units. During
any suspension, the authority chancellor shall continue to service
existing college savings program accounts.
(B) Upon termination of the program or liquidation of the
Ohio tuition trust fund, the Ohio tuition trust reserve fund, and
the Ohio tuition trust operating fund, any remaining assets of
the
funds after all obligations of the funds have been satisfied
pursuant to division (B) of section 3334.11 of the Revised Code
shall be transferred to the general revenue fund of the state.
(C) The authority chancellor shall prepare and cause to have
audited
an
annual financial report on all financial activity of
the Ohio
tuition trust authority chancellor under this chapter
within ninety days of the end of the
fiscal year. The authority
chancellor shall transmit a copy of the audited
financial report
to the governor, the president of the senate,
the
speaker of the
house of representatives, and the minority
leaders
of the senate
and the house of representatives. Copies
of the
audited financial
report also shall be made available,
upon
request, to the persons
entering into
contracts with the
authority chancellor and to
prospective
purchasers of
tuition units and prospective
contributors to
variable college savings program accounts.
Sec. 3334.16. The general assembly hereby finds that the
prepaid tuition
program providing
for the sale of tuition
credits
units by the chancellor of the Ohio tuition trust
authority
board
of regents is an official
state
function, offered through an
agency of this
state,
which agency receives state appropriations.
Therefore, the
authority
chancellor is directed by the state of
Ohio to assume
it the program is exempt from federal tax
liability.
Sec. 3334.17. (A) The
state, any political subdivision of
the state, and any
organization that is exempt from federal income
taxation under
section 501 (a) and described in section 501
(c)(3)
of the Internal Revenue
Code, including the chancellor of the Ohio
tuition trust
authority board of regents if this is
authorized
under federal tax law,
may
establish a scholarship program to
award scholarships consisting
of
contributions made to
any college
savings program for students. Any scholarship program established
under
this
section shall be registered with the
authority
chancellor. The authority chancellor shall be notified of the name
and
address of each scholarship beneficiary under the program, the
amounts awarded, and the institution of higher
education in which
the beneficiary is enrolled. Scholarship
beneficiaries shall be
selected by the entity establishing the
scholarship program, in
accordance with
criteria established by
the
entity.
(B) Any person or governmental entity may purchase tuition
units
on behalf of a scholarship program that is or is to
be
established in accordance with division (A)
of this section at
the
same price as is
established for the purchase of
units
for named
beneficiaries
pursuant to this chapter. Tuition
units shall have
the same value to the beneficiary of a
scholarship
awarded
pursuant to this section as they would have to
any other
beneficiary pursuant to division (B) of section 3334.09
of the
Revised Code.
(C) The entity establishing and maintaining a scholarship
program shall specify
whether a scholarship beneficiary may
receive a refund or payment for
the
amount awarded
under the
scholarship program directly
from the
authority chancellor, or
whether the amount
awarded shall be
paid by the authority
chancellor only to the institution of
higher education
in which
the student is enrolled.
(D) If a scholarship beneficiary does not use
the amount
awarded within a length of time specified under
the
scholarship
program, the
amount may be awarded to
another
beneficiary.
Sec. 3334.18. (A) A variable college savings program
established by the chancellor of the Ohio tuition trust authority
board of regents shall include
provisions for a
contract
to be
entered into between
a contributor
and
the authority chancellor
that will authorize the
contributor
to open an account
for a
beneficiary and
authorize
the
contributor
to substitute a new
beneficiary for one originally
named in the
contract, to the
extent permitted
by section 529 of the Internal
Revenue Code.
(B) The authority chancellor shall provide adequate
safeguards to
prevent
total contributions to a variable college
savings program
account or purchases
of tuition
units, either
separately
or combined, that are made on
behalf of a beneficiary
from
exceeding the amount necessary to provide for the
tuition and
other higher
education expenses of the beneficiary, consistent
with the
maximum contributions permitted by section 529 of the
Internal
Revenue Code. However, in no event shall
contributions
or
purchases exceed the
allowable limit for a qualified
tuition
program under section 529
of the Internal Revenue Code.
(C)(1) Participation in the variable college savings program
does
not guarantee that contributions and the investment return on
contributions,
if any, will be
adequate to cover future tuition
and other higher education
expenses or that a beneficiary will be
admitted to or permitted to
continue to attend an institution of
higher education.
(2) Returns on contributors' investments in the variable
college
savings program are not guaranteed by the state and the
contributors to
the variable college savings program assume all
investment risk, including
the potential loss of principal and
liability for penalties such
as those levied for noneducational
withdrawals.
(3) The state
shall have no debt or obligation to any
contributor, beneficiary,
or any other person as a
result of the
establishment of the
program, and the state assumes
no risk or
liability for funds invested in
the variable college
savings
program.
(4) Informational materials about the variable college
savings
program prepared by the authority chancellor or its the
chancellor's agents and
provided to
prospective contributors shall
state clearly the
information set forth in
division (C) of this
section.
Sec. 3334.19. (A) The chancellor of the Ohio tuition trust
authority
board of regents shall
adopt an investment
plan that
sets forth investment policies and
guidelines to be utilized in
administering the variable college
savings program. Except as
provided in
section 3334.20 of the
Revised Code, the authority
chancellor shall
contract with one or more
insurance companies,
banks, or other
financial institutions to act
as its investment
agents and to
provide such services as the
authority chancellor
considers appropriate to
the investment plan, including:
(1) Purchase, control, and safekeeping of assets;
(2) Record keeping and accounting for individual accounts
and
for the program as a whole;
(3) Provision of consolidated statements of
account.
(B) The authority chancellor or its the chancellor's
investment agents shall maintain a
separate account for the
beneficiary of each
contract entered into
under the
variable
college savings program. If a beneficiary has
more than one such
account, the authority chancellor or its the chancellor's agents
shall
track
total
contributions and earnings and provide a
consolidated
system
of
account distributions to institutions of
higher
education.
(C) The
authority chancellor or its
the chancellor's
investment agents may place assets
of the
program
in savings
accounts and may purchase
fixed or
variable
life insurance or
annuity contracts,
securities, evidence
of
indebtedness, or other
investment products pursuant to
the
investment plan.
(D) Contributors shall not direct the investment of their
contributions under the investment plan. The authority chancellor
shall
impose other
limits on contributors' investment discretion
to
the extent
required under section 529
of the Internal Revenue
Code.
(E) The investment agents with which the authority
chancellor
contracts
shall discharge their duties with respect to program
funds with
the
care and diligence
that a prudent person familiar
with such
matters and with the character and
aims of the program
would use.
(F) The assets of the program shall be preserved, invested,
and
expended solely for the purposes of this chapter and shall not
be loaned or
otherwise transferred or used
by the state for any
other purpose. This section shall not be construed to
prohibit
the
investment agents of the authority chancellor from investing, by
purchase
or
otherwise, in
bonds, notes, or other obligations of
the state
or any agency or
instrumentality of the state. Unless
otherwise
specified by the
authority chancellor, assets of the
program shall be
expended in the
following order of priority:
(1) To make payments on behalf of
beneficiaries;
(2) To make refunds upon termination of variable college
savings
program
contracts;
(3) To pay the
authority's chancellor's costs of
administering the
program;
(4) To pay or cover any other expenditure or disbursement the
authority chancellor determines necessary or appropriate.
(G)
Fees, charges, and other costs imposed or collected by
the authority chancellor in connection with the variable college
savings
program, including any fees or other payments that the
authority
chancellor requires an investment agent to pay to the
authority chancellor, shall be
credited to either the variable
operating fund or the index operating fund at the discretion of
the authority chancellor. These funds are hereby created in the
state treasury. Expenses incurred in the administration of
the
variable college savings program, as well as other expenses,
disbursements, or payments the authority chancellor considers
appropriate for
the benefit of any college savings programs
administered by the authority chancellor, the state of Ohio and
its citizens, shall be paid
from the variable operating fund or
the index operating fund at the discretion of the authority
chancellor.
(H) No records of the authority indicating the identity of
purchasers, contributors, and beneficiaries under the program
or
amounts
contributed to, earned by, or distributed from program
accounts
are public records within the meaning of section 149.43
of the Revised Code.
Sec. 3334.20. (A) As used in this section, "state agency"
means
every
department, bureau, board, commission, office, or
other organized
body established by the constitution or laws of
this state for the
exercise of state government.
(B) If a condition arises concerning the investment of funds
received under the variable college savings program and requiring
an interim
period for investment of program funds, which condition
is
determined pursuant to division (D) of this section, the
chancellor of the Ohio
tuition trust authority board of regents
shall choose the treasurer of state, a state agency
having
investment authority, or an investment agent
under contract with
the authority chancellor to invest program funds pursuant
to the
investment plan established under division (A) of section
3334.19
of the Revised Code. The treasurer of state, state
agency, or
investment agent chosen by the authority chancellor pursuant to
this division
shall be subject to the requirements and conditions
that apply to investment agents specified in section 3334.19 of
the
Revised Code.
(C) The authority chancellor shall be the trustee of the
program. During
the interim period, the authority chancellor shall
receive and hold all payments,
deposits, and contributions, as
well as gifts, bequests,
endowments, and federal, state, or local
grants and any funds from
any other source, public or private, and
all earnings, until
disbursed to pay tuition or other higher
education expenses or
refunds pursuant to college savings plans
contracts. The
authority chancellor shall keep such funds
segregated from all other assets
of the authority.
(D) The authority chancellor shall adopt rules under section
111.15 of the
Revised Code defining the
conditions under which an
interim investment period is required
and this section applies.
The rules shall include any condition
requiring the termination of
the interim period and the authority
to contract with alternative
investment agents pursuant to section
3334.19 of the Revised Code
and any other requirements that
apply
during the interim
investment period.
(E) When the interim period for investment of program funds
terminates, the investment agents selected pursuant to section
3334.19 of
the Revised Code for the investment of program funds
shall
have the sole authority to invest program funds pursuant to
the
investment plan established under division (A) of that
section
and shall be subject to that section.
Sec. 3334.21. The variable college savings program may be
terminated by statute or upon the determination of the chancellor
of the Ohio
tuition trust authority board of regents that the
program is not financially feasible.
Upon termination, all
amounts held in program accounts shall be returned
to account
owners, to the extent possible, and any unclaimed assets in
the
program shall be transferred to the unclaimed funds trust fund
and
disposed of in accordance with section 169.05 of the Revised Code.
Sec. 3345.011. "State university" means a public institution
of higher
education which is a body politic and corporate. Each of
the following
institutions of higher education shall be recognized
as a state university:
university of Akron, Bowling Green state
university, Central state university,
university of Cincinnati,
Cleveland state university, Kent state university,
Miami
university, Ohio university, Ohio state university, Shawnee state
university, university of Toledo, Wright state university, and
Youngstown
state university.
"State institution of higher education" means any state
university or
college as defined in division (A)(1) of section
3345.12 of the Revised Code,
community college, state community
college, university branch established
under Chapter 3355. of the
Revised Code, or technical college.
"University system of Ohio" means the collective group of all
of the state institutions of higher education.
"Member of the university system of Ohio" means any
individual state institution of higher education.
Sec. 3345.12. (A) As used in this section and sections
3345.07 and 3345.11
of the Revised Code, in other sections of the
Revised Code that make reference
to this section unless the
context does not permit, and in related bond
proceedings unless
otherwise expressly provided:
(1) "State university or college" means each of the state
universities identified in section 3345.011 of the Revised Code
and
the northeastern Ohio universities college of medicine, and
includes its board of
trustees.
(2) "Institution of higher education" or "institution" means
a state
university or college, or a community college district,
technical college
district, university branch district, or state
community college, and includes
the applicable board of trustees
or, in the case of a university branch
district, any other
managing authority.
(3) "Housing and dining facilities" means buildings,
structures, and other improvements, and equipment, real estate,
and interests in real estate therefor, to be used for or in
connection with dormitories or other living quarters and
accommodations, or related dining
halls or other food service and
preparation facilities, for
students, members of the faculty,
officers, or employees of the
institution of higher education, and
their spouses and families.
(4) "Auxiliary facilities" means buildings, structures,
and
other improvements, and equipment, real estate, and interests
in
real estate therefor, to be used for or in connection with
student
activity or student service facilities, housing and dining
facilities, dining halls, and
other food service and preparation
facilities, vehicular parking
facilities, bookstores, athletic and
recreational facilities,
faculty centers, auditoriums, assembly
and exhibition halls,
hospitals, infirmaries and other medical and
health facilities,
research, and continuing education facilities.
(5) "Education facilities" means buildings, structures, and
other
improvements, and equipment, real estate, and interests in
real estate
therefor, to be used for or in connection with,
classrooms or other
instructional facilities, libraries,
administrative and office facilities, and
other facilities, other
than auxiliary facilities, to be used directly or
indirectly for
or in connection with the conduct of the institution of higher
education.
(6) "Facilities" means housing and dining facilities,
auxiliary facilities,
or education facilities, and
includes any
one, part of, or any
combination of such facilities, and further
includes site improvements,
utilities, machinery, furnishings, and
any separate or connected buildings,
structures, improvements,
sites, open space and green space areas, utilities
or equipment to
be used in, or in connection with the operation or maintenance
of,
or supplementing or otherwise related to the services or
facilities to be
provided by, such facilities.
(7) "Obligations" means bonds or notes or other evidences
of
obligation, including interest coupons pertaining thereto,
authorized to be issued under this section or section 3345.07,
3345.11,
3354.121, 3355.091, 3357.112, or 3358.10 of the Revised
Code.
(8) "Bond service charges" means principal, including
any
mandatory sinking fund or redemption requirements for the
retirement of
obligations, interest, or interest equivalent and
other accreted
amounts, and any call premium required to be
paid
on obligations.
(9) "Bond proceedings" means the
resolutions, trust
agreement, indenture, and other
agreements and credit enhancement
facilities, and amendments and
supplements to the foregoing, or
any one or more or combination
thereof, authorizing, awarding, or
providing for the terms and
conditions applicable to, or providing
for the security or liquidity
of, obligations, and the provisions
contained in those
obligations.
(10) "Costs of facilities" means the costs of acquiring,
constructing,
reconstructing, rehabilitating, remodeling,
renovating,
enlarging, improving, equipping, or furnishing
facilities,
and the financing thereof, including the cost of
clearance and
preparation of the site and of any land to be used
in connection
with facilities, the cost of any indemnity and
surety bonds and
premiums on insurance, all related direct
administrative expenses
and allocable portions of direct costs of
the institution of higher
education or state agency, cost of
engineering, architectural services,
design, plans, specifications
and surveys, estimates of cost, legal fees, fees
and expenses of
trustees, depositories, bond registrars,
and paying agents for the
obligations, cost of issuance of the obligations and financing
costs and fees and expenses of financial advisers and
consultants
in connection therewith, interest on the obligations
from the date
thereof to the time when interest is to be covered
by available
receipts or other sources other than proceeds
of the obligations,
amounts necessary to establish reserves as required by the bond
proceedings, costs of audits, the reimbursements of all moneys
advanced or applied by or borrowed from the institution or others,
from
whatever source provided, including any temporary advances
from state
appropriations, for the payment
of any item or items of
cost of facilities, and all other
expenses necessary or incident
to planning or determining
feasibility or practicability with
respect to facilities,
and such other expenses as may be necessary
or incident to the
acquisition, construction, reconstruction,
rehabilitation,
remodeling, renovation, enlargement, improvement,
equipment, and
furnishing of facilities, the financing thereof and
the
placing of them in use and operation, including any one,
part
of, or combination of such classes of costs and expenses.
(11) "Available receipts" means all moneys received by the
institution of higher education, including income, revenues, and
receipts from the operation, ownership, or control of facilities,
grants, gifts, donations, and pledges and receipts therefrom,
receipts from fees and charges, and the proceeds of the sale of
obligations, including proceeds of obligations issued to refund
obligations previously issued, but excluding any special fee, and
receipts therefrom, charged pursuant to division (D) of section
154.21 of the Revised Code.
(12) "Credit enhancement facilities" has the meaning given in
division (H) of section 133.01 of the Revised Code.
(13) "Financing costs" has the meaning given in division (K)
of
section 133.01 of the Revised Code.
(14) "Interest" or "interest equivalent" has the meaning
given in division
(R) of section 133.01 of the Revised Code.
(B) Obligations issued under section 3345.07 or 3345.11 of
the Revised Code by a state university or college shall be
authorized by resolution of its board of trustees. Obligations
issued by any other institution of higher education shall be
authorized by resolution of its board of trustees, or managing
directors in the
case of certain university branch districts, as
applicable. Sections 9.96 and
9.98 to 9.983 of the Revised Code
apply to obligations. Obligations may be
issued to pay costs of
facilities even if the institution anticipates the
possibility of
a future state appropriation to pay all or a portion of such
costs.
(C) Obligations shall be secured by a pledge of and
lien on
all or such part of the available receipts of the institution of
higher education as it provides for in the bond proceedings,
excluding moneys raised by taxation and state appropriations
except as permitted by section 3333.90 of the Revised Code. Such
pledge and
lien may be made prior to all other expenses,
claims,
or payments, excepting any pledge of such available
receipts
previously made to the contrary and except as provided
by any
existing restrictions on the use thereof, or such pledge
and lien
may be made subordinate to such other expenses, claims,
or
payments, as provided in the bond proceedings. Obligations may be
additionally secured by covenants of
the institution to make, fix,
adjust, collect, and apply
such charges, rates, fees, rentals, and
other items of available
receipts as will produce pledged
available receipts sufficient to
meet bond service charges,
reserve, and other requirements
provided for in the bond
proceedings. Notwithstanding this
and any other sections of the
Revised Code, the holders or owners of the
obligations shall not
be given the right and shall have no right to have
excises or
taxes levied by the general assembly for the payment
of bond
service charges thereon, and each such obligation shall
bear on
its face a statement to that effect and to the effect
that the
right to such payment is limited to the available
receipts and
special funds pledged to such purpose under the bond
proceedings.
All pledged available receipts and funds and the proceeds of
obligations are
trust funds and, subject to the provisions of this
section and the applicable
bond proceedings, shall be held,
deposited, invested, reinvested, disbursed,
applied, and used to
such extent, in such manner, at such times, and for such
purposes,
as are provided in the bond proceedings.
(D) The bond proceedings for obligations shall
provide for
the purpose thereof and the principal
amount or maximum principal
amount, and provide for or authorize
the manner of determining the
principal maturity or maturities, the
sale price including any
permitted discount, the interest rate or
rates, which may be a
variable rate or rates, or the
maximum interest rate, the date of
the obligations and the
date or dates of payment of interest
thereon, their denominations, the
manner of sale thereof, and the
establishment within or without
the state of a place or places of
payment of bond service charges. The
bond proceedings also shall
provide for a pledge of and lien on available receipts of the
institution of higher education as provided in division (C) of
this
section, and a pledge of and lien on such fund or funds
provided
in the bond proceedings arising from available receipts,
which
pledges and liens may provide for parity with obligations
theretofore or thereafter issued by the institution. The available
receipts so pledged and thereafter received by the institution and
the
funds so pledged are immediately subject to the lien of such
pledge
without any physical delivery thereof or further act, and
the
lien of any such pledge is valid and binding against all
parties
having claims of any kind against the institution,
irrespective of
whether such parties have
notice thereof, and
shall create a perfected security interest for all
purposes of
Chapter 1309. of the Revised Code, without the
necessity for
separation or delivery of funds or for the filing
or recording of
the bond proceedings by which such pledge is
created or any
certificate, statement, or other document with
respect thereto;
and the pledge of such available receipts and
funds shall be
effective and the money therefrom and thereof may
be applied to
the purposes for which pledged without necessity
for any act of
appropriation.
(E) The bond proceedings may contain additional provisions
customary or appropriate to the financing or to the
obligations or
to particular obligations, including:
(1) The acquisition, construction, reconstruction,
equipment,
furnishing, improvement, operation, alteration,
enlargement,
maintenance, insurance, and repair of facilities,
and the duties
of the institution of
higher education with reference thereto;
(2) The terms of the obligations, including provisions for
their redemption prior to maturity at the option of the
institution of higher
education at such price or prices and under
such
terms and conditions as are provided in the bond proceedings;
(3) Limitations on the purposes to which the proceeds of
the
obligations may be applied;
(4) The rates or rentals or other charges for the use of
or
right to use the facilities financed by the obligations, or
other
properties the revenues or receipts from which are pledged
to the
obligations, and rules for assuring use and
occupancy thereof,
including limitations upon the right to modify
such rates,
rentals, other charges, or regulations;
(5) The use and expenditure of the pledged available
receipts
in such manner and to such extent as shall be
determined, which
may include provision for the payment of the
expenses of
operation, maintenance, and repair of facilities so
that such
expenses, or part thereof, shall be paid or provided as
a charge
prior or subsequent to the payment of bond service
charges and any
other payments required to be made by the bond
proceedings;
(6) Limitations on the issuance of additional obligations;
(7) The terms of any trust agreement or indenture securing
the obligations or under which the same may be issued;
(8) The deposit, investment, and application of funds, and
the safeguarding of funds on hand or on deposit without regard to
Chapter 131. or 135. of the Revised Code, and any bank or trust
company or other financial institution that acts as depository of
any
moneys under the bond
proceedings shall furnish such
indemnifying bonds or pledge such
securities as required by the
bond proceedings or otherwise by
the institution of higher
education;
(9) The binding effect of any or every provision of the
bond
proceedings upon such officer, board, commission, authority,
agency, department, or other person or body as may from time to
time have the authority under law to take such actions as may be
necessary to perform all or any part of the duty required by such
provision;
(10) Any provision that may be made in a trust agreement
or
indenture;
(11) Any other or additional agreements with respect to
the
facilities of the institution of
higher education, their
operation, the available receipts and funds
pledged, and insurance
of facilities and of the institution, its officers and
employees.
(F) Such obligations may have the seal of the institution of
higher
education or a facsimile thereof affixed thereto or
printed
thereon and shall be executed by such officers as are
designated
in the bond proceedings, which execution may be by
facsimile
signatures. Any obligations may be executed by an
officer who, on
the date of execution, is the proper officer
although on the date
of such obligations such person was not the
proper officer. In
case any officer whose signature or a
facsimile of whose signature
appears on any such obligation
ceases to be such officer before
delivery thereof, such signature
or facsimile is nevertheless
valid and sufficient for all
purposes as if the person had
remained such officer until
such delivery; and in case the seal of
the
institution has been changed after a facsimile of the seal has
been
imprinted on such
obligations, such facsimile seal continues
to be sufficient as to
such obligations and obligations issued in
substitution or
exchange therefor.
(G) All such obligations are negotiable instruments and
securities under Chapter 1308. of the Revised Code, subject to
the
provisions of the bond proceedings as to registration. The
obligations may be issued in coupon or in registered form, or
both. Provision may be made for the registration of any
obligations with coupons attached thereto as to principal alone
or
as to both principal and interest, their exchange for
obligations
so registered, and for the conversion or reconversion
into
obligations with coupons attached thereto of any obligations
registered as to both principal and interest, and for reasonable
charges for such registration, exchange, conversion, and
reconversion.
(H) Pending preparation of definitive obligations, the
institution of higher education may issue interim receipts or
certificates which shall be exchanged for such definitive
obligations.
(I) Such obligations may be secured additionally by a
trust
agreement or indenture between the institution of higher education
and a corporate trustee, which may be any trust company
or bank
having the powers of a trust company within or without
this state
but authorized to exercise trust powers within this
state. Any
such agreement or indenture may contain the
resolution authorizing
the issuance of the obligations, any
provisions that may be
contained in the bond proceedings as
authorized by this section,
and other provisions which are
customary or appropriate in an
agreement or indenture of such
type, including:
(1) Maintenance of each pledge, trust agreement, and
indenture, or other instrument comprising part of the bond
proceedings until the institution of
higher education has fully
paid the bond service charges on the
obligations secured thereby,
or provision therefor has been made;
(2) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
institution of
higher education made as a
part of the contract
under which
the obligations were issued, enforcement of such
payments or
agreement by mandamus, the appointment of a receiver,
suit in
equity, action at law, or any combination of the
foregoing;
(3) The rights and remedies of the holders of obligations
and
of the trustee, and provisions for protecting and enforcing
them,
including limitations on rights of individual holders of
obligations;
(4) The replacement of any obligations that become
mutilated
or are destroyed, lost, or stolen;
(5) Such other provisions as the trustee and the institution
of higher
education agree upon, including limitations,
conditions,
or qualifications relating to any of the foregoing.
(J) Each duty of the institution of
higher education and its
officers or employees, undertaken pursuant to the
bond proceedings
or any related agreement or lease made under authority of
law, is
hereby established as a duty of such
institution, and of each such
officer or employee having authority to
perform such duty,
specially enjoined by law resulting from an office,
trust, or
station within the meaning of section 2731.01 of the
Revised Code.
The persons who are at the time the members of the
board of
trustees or the managing directors of the institution or
its
officers or employees are not liable in their personal capacities
on such obligations, or lease, or other agreement of the
institution.
(K) The authority to issue obligations includes authority to:
(1) Issue obligations in the form of bond anticipation notes
and to
renew them from time to time by the issuance of new
notes.
Such notes are payable solely from the available receipts and
funds that may be pledged to the payment of such bonds, or from
the proceeds of such bonds or renewal notes, or both, as the
institution of higher education provides in its resolution
authorizing such notes. Such notes may be additionally secured
by
covenants of the institution to the effect
that it will do such or
all things necessary for the issuance of
such bonds or renewal
notes in appropriate amount, and either
exchange such bonds or
renewal notes therefor or apply the
proceeds thereof to the extent
necessary, to make full payment of
the bond service charges on
such notes at the time or times
contemplated, as provided in such
resolution. Subject to the
provisions of this division, all
references to obligations in
this section apply to such
anticipation notes.
(2) Issue obligations to refund, including funding
and
retirement of, obligations previously issued to pay costs of
facilities. Such obligations may be issued in amounts sufficient
for payment of the principal amount of the obligations to be so
refunded, any redemption premiums thereon, principal maturities
of
any obligations maturing prior to the redemption of any other
obligations on a parity therewith to be so refunded, interest
accrued or to accrue to the maturity date or dates of redemption
of such obligations, and any expenses incurred or to be incurred
in connection with such refunding or the issuance of the
obligations.
(L) Obligations are lawful investments
for banks, societies
for savings, savings and loan associations,
deposit guarantee
associations, trust companies, trustees,
fiduciaries, insurance
companies, including domestic for life and
domestic not for life,
trustees or other officers having charge
of sinking and bond
retirement or other special funds of
political subdivisions and
taxing districts of this state, the
commissioners of the sinking
fund, the administrator
of workers' compensation in accordance
with the investment policy
approved by the bureau of workers'
compensation board of directors pursuant to
section 4121.12 of the
Revised Code, the state teachers retirement system, the
public
employees retirement system, the school employees
retirement
system, and the Ohio police and fire
pension fund, notwithstanding
any other provisions of the Revised
Code or rules adopted pursuant
thereto by any state agency with respect
to investments by them,
and are also acceptable
as security for the deposit of public
moneys.
(M) All facilities purchased, acquired, constructed, or
owned
by an institution of higher education, or financed in whole or in
part
by obligations issued by an institution, and used for the
purposes of the
institution or other publicly owned and controlled
college or university, is
public property used exclusively for a
public purpose, and such
property and the income therefrom is
exempt from all taxation and
assessment within this state,
including ad valorem and excise
taxes. The obligations, the
transfer thereof,
and the income therefrom, including any profit
made on the sale
thereof, are at all times free from taxation
within the state. The
transfer of tangible personal property by
lease under
authority of this section or section 3345.07, 3345.11,
3354.121, 3355.091, 3357.112, or 3358.10 of the Revised Code
is
not a sale as used in Chapter 5739. of the
Revised Code.
(N) The authority granted by this section is cumulative
with
the authority granted to
institutions of higher education under
Chapter 154. of the Revised
Code, and nothing in this
section
impairs or limits the authority granted by Chapter 154.
of the
Revised Code. In any lease, agreement, or
commitment made by an
institution of higher education under
Chapter 154. of the Revised
Code, it
may agree to restrict or subordinate any pledge it may
thereafter
make under authority of this section.
(O) Title to lands acquired under this section and
sections
3345.07 and 3345.11 of the Revised Code by a state university or
college shall be taken in the name of the state.
(P) Except where costs of facilities are to be paid in whole
or in
part from funds appropriated by the general assembly,
section
125.81 of the Revised Code and the requirement for
certification
with respect thereto under section 153.04 of the
Revised Code
do not apply to such facilities.
(Q) A state university or college may sell or lease
lands or
interests in land owned by it or by the state for its use, or
facilities authorized to be acquired or constructed by it under
section 3345.07 or 3345.11 of the Revised Code, to permit the
purchasers or lessees thereof to acquire, construct,
equip,
furnish, reconstruct, alter, enlarge,
remodel, renovate,
rehabilitate, improve, maintain,
repair, or maintain and operate
thereon and to
provide by lease or otherwise to such institution,
facilities authorized in
section 3345.07 or 3345.11 of the Revised
Code. Such land or
interests therein shall be sold for such
appraised value, or
leased, and on
such terms as the board of
trustees determines. All deeds or
other instruments relating to
such sales or leases shall be executed by
such officer of the
state university or college as the board of
trustees designates.
The state university or college shall hold,
invest, or use the
proceeds of such sales or leases for the same
purposes for which
proceeds of borrowings may be used under sections 3345.07
and
3345.11 of the Revised Code.
(R) An institution of higher education may pledge available
receipts, to
the extent permitted by division (C) of this section
with respect to
obligations, to secure the payments to be made by
it under any lease, lease
with option to purchase, or
lease-purchase agreement authorized under this
section or section
3345.07, 3345.11, 3354.121, 3355.091, 3357.112, or 3358.10
of the
Revised Code.
Sec. 3345.32. (A) As used in this section:
(1) "State university or college" means the institutions
described in section 3345.27 of the Revised Code and the
northeastern Ohio universities college of medicine.
(2) "Resident" has the meaning specified by rule of the
chancellor of the
Ohio board of regents.
(3) "Statement of selective service status" means a
statement
certifying one of the following:
(a) That the individual filing the statement has
registered
with the selective service system in accordance with
the "Military
Selective Service Act," 62 Stat. 604, 50 U.S.C.
App. 453, as
amended;
(b) That the individual filing the statement is not
required
to register with the selective service for one of the
following
reasons:
(i) The individual is under eighteen or over twenty-six
years
of age.
(ii) The individual is on active duty with the armed forces
of the United States other than for training in a reserve or
national
guard unit.
(iii) The individual is a nonimmigrant alien lawfully in the
United States in accordance with section 101 (a)(15) of the
"Immigration and Nationality Act," 8 U.S.C. 1101, as amended.
(iv) The individual is not a citizen of the United States
and
is a
permanent resident of the Trust Territory of the Pacific
Islands
or the Northern Mariana Islands.
(4) "Institution of higher education" means any eligible
institution approved by the United
States department of education
pursuant to the "Higher
Education Act
of 1965," 79 Stat. 1219, as
amended, or any institution
whose
students are eligible for
financial assistance under any of the
programs described by
division (E) of this section.
(B) The chancellor shall, by rule,
specify the
form of
statements of selective service status to be
filed in
compliance
with divisions (C) to (F) of this section.
Each
statement of
selective service status shall contain a section
wherein a male
student born after December 31, 1959, certifies
that the student
has registered with the selective service
system
in
accordance
with the "Military Selective Service Act," 62 Stat.
604, 50 U.S.C.
App. 453, as amended. For
those students not
required to register
with the selective
service, as specified in
divisions
(A)(2)(b)(i) to (iv) of this
section, a section shall be
provided
on the statement of
selective service status for the
certification of nonregistration
and for an explanation of the
reason for the exemption. The
chancellor may
require that such
statements be accompanied
by documentation
specified by rule of
the chancellor.
(C) A state university or college that enrolls in any
course,
class, or program a male student born after December 31,
1959, who
has not filed a statement of selective service status
with the
university or college shall, regardless of the student's
residency, charge the student any tuition surcharge charged
students who are not residents of this state.
(D) No male born after December 31, 1959, shall be
eligible
to receive any loan, grant, scholarship, or other
financial
assistance for educational expenses granted under section
3315.33,
3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.27, 3333.391,
5910.03,
5910.032, or 5919.34 of the Revised Code, financed by an
award
under the choose Ohio first scholarship program established
under
section 3333.61 of the Revised Code, or financed by an
award
under the Ohio co-op/internship program
established
under
section 3333.72 of the Revised Code, unless that
person
has
filed
a statement of selective service status with
that
person's
institution of higher education.
(E) If an institution of higher education receives a
statement from an individual certifying that the individual
has
registered with the selective service system in accordance with
the
"Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App.
453, as amended or that the individual is exempt from
registration
for a
reason other than that the individual is under eighteen
years
of age, the institution shall not require the individual to
file any further
statements. If it receives a statement certifying
that the
individual is not required to register because the
individual
is under eighteen years of age, the institution shall
require the
individual to file a new statement of selective
service status
each time the individual seeks to enroll for a new
academic
term or makes
application for a new loan or loan
guarantee or for any form of
financial assistance for educational
expenses, until it receives
a statement certifying that the
individual has registered with
the selective service system or is
exempt from registration for a
reason other than that the
individual is under eighteen years
of age.
Sec. 3349.242. Any agreement authorized by section 3349.241
of the Revised
Code may provide for the amounts of such
participation by such school district
or districts in the
development, maintenance, and operation of such municipal
university, but no funds granted to school districts under Chapter
3306. or 3317. of
the Revised Code shall be used for such
purposes. By the terms of any such
agreement the school district
or districts and their residents shall be
entitled to the
educational advantages of said municipal university at the
same
rate of tuition, fees, and other charges as are provided for the
residents of the municipal corporation in which such municipal
university is
situated.
Sec. 3354.24. (A) The provisions of this section prevail
over conflicting provisions of this chapter; however, except as
otherwise provided in this section, the eastern gateway community
college district and its board of trustees shall comply with the
provisions of this chapter.
(B) The territory of Columbiana, Mahoning, and Trumbull
counties is hereby added to the territory of the community college
district of Jefferson county, creating a new community college
district to replace the former community college district of
Jefferson county. The district created under this section shall be
known as and operate under the name of "eastern gateway community
college district," and its charter shall be amended to this name.
The Jefferson county campus is hereby part of the eastern gateway
community college district and shall remain in operation unless
otherwise specified by the board of trustees of the community
college.
The eastern gateway community college district is divided
into two taxing subdistricts, one consisting of the territory of
Jefferson county, and the other consisting of the territories of
Columbiana, Mahoning, and Trumbull counties.
(C) On the effective date of this section as enacted by H.B.
1
of the 128th general assembly, the government of the eastern
gateway community college district shall be vested in a board of
eleven trustees to be appointed by the governor, with the advice
and consent of the senate. The board of trustees of the former
community college district of Jefferson county is abolished on
that date.
The governor shall appoint the members of the board of
trustees of the eastern gateway community college district as
successors to the board of trustees of Jefferson community college
as follows: Three members of the board of trustees shall be
residents of Jefferson county. (The initial Jefferson county
members shall be members of the board of trustees of the former
community college district of Jefferson county, as it existed
before the effective date of this section.) Eight members of the
board of trustees shall be residents of Columbiana, Mahoning, and
Trumbull counties.
The initial board of trustees shall be appointed within
ninety days after the effective date of this section for terms as
follows: Of the trustees who are residents of Jefferson county,
one trustee shall be appointed for a one-year term, one trustee
shall be appointed for a three-year term, and one trustee shall be
appointed for a five-year term. Of the trustees who are residents
of Columbiana, Mahoning, and Trumbull counties, one trustee shall
be appointed for a one-year term, two trustees shall be appointed
for two-year terms, two trustees shall be appointed for three-year
terms, two trustees shall be appointed for four-year terms, and
one trustee shall be appointed for a five-year term.
At the conclusion of each initial term, the term of office of
each trustee shall be five years, each term ending on the same day
of the same month of the year as did the term that it succeeds.
Each trustee shall hold office from the date of the trustee's
appointment until the end of the term for which the trustee was
appointed. Any trustee appointed to fill a vacancy occurring
before the expiration of the term for which the trustee's
predecessor was appointed shall hold office for the remainder of
that term. Any trustee shall continue in office subsequent to the
expiration date of the trustee's term until the trustee's
successor takes office, or until a period of sixty days has
elapsed, whichever occurs first.
If a vacancy occurs and the Jefferson county tax levy is no
longer in place or a conversion under division (H) of this section
has occurred, the governor shall fill the vacancy with a person
residing within the eastern gateway community college district.
(D) The board of trustees of the eastern gateway community
college district shall continue to comply with division (G) of
section 3354.09 of the Revised Code regarding tuition for students
who are residents of Ohio but not residents of the district, and
for students who are nonresidents of Ohio. The tuition rate shall
be based on the student's county of residence and shall apply to
all eastern gateway community college district classes in all
district locations. Except as provided in division (F)(3) of this
section, students who are residents of Columbiana, Mahoning, or
Trumbull county shall continue to be charged tuition at the same
rate as Ohio residents who are not residents of the district.
(E)(1) Except as provided in divisions (E)(2) and (3) of this
section, each member of the board of trustees shall have full
voting rights on all matters that come before the board.
(2) The three trustees representing Jefferson county shall
have sole authority to vote on the following matters:
(a) The Jefferson county tax levy;
(b) The expenditure of revenue from that tax levy;
(c) Levy-subsidized tuition rates.
(3) The voting restrictions under division (E)(2) of this
section apply until the electors of the Columbiana, Mahoning, and
Trumbull county taxing subdistrict approve a tax levy under
division (F)(3) of this section that is equivalent to the tax levy
approved by the electors of Jefferson county for the support of
the former community college district of Jefferson county on the
effective date of this section. For the purposes of this division,
the tax levy is an equivalent tax levy if either:
(a) In the first tax year for which the tax is collected, it
yields revenue per capita equal to or greater than the yield per
capita of levies of the community college district in effect that
year in Jefferson county, as jointly determined by the county
auditors of Jefferson, Columbiana, Mahoning, and Trumbull
counties; or
(b) In the first tax year for which the tax is collected, the
effective rate of the tax is equal to or greater than the
effective tax rate of levies of the community college district in
effect that tax year in Jefferson county, as jointly determined by
the county auditors of Jefferson, Columbiana, Mahoning, and
Trumbull counties.
As used in this division, "effective tax rate" means the
quotient obtained by dividing the total taxes charged and payable
for a taxing subdistrict for a tax year after the reduction
prescribed by section 319.301 of the Revised Code but before the
reduction prescribed by section 319.302 or 323.152 of the Revised
Code, by the taxable value for the taxing subdistrict for that tax
year.
(F)(1) For each taxing subdistrict of the eastern gateway
community college district, the board of trustees may propose to
levy a tax in accordance with the procedures prescribed in section
3354.12 of the Revised Code, except the following terms used in
that section shall have the meanings given them in this section:
(a) "District" and "community college district" mean the
appropriate taxing subdistrict defined in this section;
(b) "Board of trustees of the community college district"
means the board of trustees for the entire eastern gateway
community college district. That board of trustees may propose
separate levies for either of the two taxing subdistricts.
(c) "Tax duplicate" means the tax duplicate of only the
appropriate taxing subdistrict and not the tax duplicate of the
entire eastern gateway community college district.
(2) The board of trustees may propose to levy a tax on
taxable property in Jefferson county to be voted on by the
electors of Jefferson county as provided in division (F)(1) of
this section. An affirmative vote by a majority of the electors of
the subdistrict voting on the question is necessary for passage.
Any money raised by a tax levied by the former community college
district of Jefferson county or a subsequent tax levied in
Jefferson county in accordance with division (F)(1) of this
section shall be used solely for the benefit of Jefferson county
residents attending the eastern gateway community college in the
form of student tuition subsidies, student scholarships, and
instructional facilities, equipment, and support services located
within Jefferson county, or for any purpose approved by the
electors. Such amounts shall be deposited into a separate fund of
the taxing subdistrict, and shall be budgeted separately.
(3) The board of trustees may propose to levy a tax on
taxable property in Columbiana, Mahoning, and Trumbull counties to
be voted on by the electors of the counties as provided in
division (F)(1) of this section. An affirmative vote by a majority
of the electors of the subdistrict voting on the question is
necessary for passage. Any amounts raised by such a tax in the tax
subdistrict shall be used solely for the benefit of residents of
the subdistrict attending the eastern gateway community college in
the form of student tuition subsidies, student scholarships, and
instructional facilities, equipment, and support services located
within Columbiana, Mahoning, and Trumbull counties, or for any
purpose approved by the electors. Amounts collected shall be
deposited into a separate fund from all other revenues collected
by each taxing subdistrict.
The board of trustees may adjust the rate of tuition charged
to each taxing subdistrict's residents to an amount commensurate
with the amount of tax the board of trustees dedicates for
instructional and general services provided to the residents of
the subdistrict.
(G) The board of trustees of the eastern gateway community
college district may issue bonds in accordance with section
3354.11 of the Revised Code, but the board may limit the question
of approval of the issue of those bonds to the electors of only
one of the two taxing subdistricts, in which case the board also
may limit the use of the property or improvements to the residents
of that subdistrict.
(H) If the tax levy in Jefferson county expires, is not
renewed,
or is not approved by the electors of Jefferson county
and the
other taxing subdistrict does not levy a tax for the
purposes of
this section, the board of trustees of the eastern
gateway
community college district shall submit a proposal to the
chancellor of the board of regents to convert to a state community
college and, upon the chancellor's approval of the proposal, enter
into a transition agreement with the chancellor following the
procedures set forth in section 3358.05 of the Revised Code for a
technical college district.
Sec. 3365.01. As used in this chapter:
(A) "College" means any state-assisted college or
university
described in section 3333.041 of the Revised Code, any
nonprofit
institution holding a certificate of authorization
pursuant to
Chapter 1713. of the Revised Code,
any private institution exempt
from regulation under Chapter 3332. of the Revised Code as
prescribed in section 3333.046 of the
Revised Code, and any
institution holding a certificate of
registration from the state
board of
career colleges and
schools and program
authorization
for
an associate or
bachelor's
degree program
issued under section
3332.05 of the
Revised Code.
(B) "School district," except as specified in division (G)
of
this section, means any school district to which a
student is
admitted under section 3313.64, 3313.65, 3313.98, or
3317.08 of
the Revised Code and does not include a joint
vocational or
cooperative education school district.
(C) "Parent" has the same meaning as in section 3313.64 of
the Revised Code.
(D) "Participant" means a student enrolled in a college
under
the post-secondary enrollment options program established
by
this
chapter.
(E) "Secondary grade" means the ninth through twelfth
grades.
(F) "School foundation payments" means the amount required
to
be paid to a school district for a fiscal year under Chapter
Chapters 3306. and 3317.
of the Revised Code.
(G) "Tuition base" means, with respect to a participant's
school district, the sum of the formula amount plus the per pupil
amount of the
base funding
supplements specified in divisions
(C)(1) to (4) of
section
3317.012, as defined in section 3317.02
of the Revised Code.
The participant's "school
district"
in the case of a
participant enrolled in a community school shall
be
the school
district in which the student is entitled to attend
school under
section 3313.64 or 3313.65 of the Revised Code.
(H) "Educational program" means enrollment in one or more
school districts, in a nonpublic school, or in a college under
division (B) of section 3365.04 of the Revised Code.
(I) "Nonpublic school" means a chartered or nonchartered
school for
which
minimum standards are prescribed by the state
board of education
pursuant to division (D) of section 3301.07 of
the Revised Code.
(J) "School year" means the year beginning on the first
day
of July and ending on the thirtieth day of June.
(K) "Community school" means any school established pursuant
to
Chapter 3314. of the Revised Code that includes secondary
grades.
(L) "STEM school" means a science, technology,
engineering,
and
mathematics school established under Chapter
3326. of the
Revised Code.
Sec. 3365.04. The rules adopted under section 3365.02 of
the
Revised Code shall provide for students to enroll in courses
under
either of the following options:
(A) The student may elect at the time of enrollment to
be
responsible for payment of all tuition and the cost of all
textbooks, materials, and fees associated with the course. The
college shall
notify the student about payment of tuition and fees
in the
customary manner followed by the college.
A student
electing this option also shall elect, at the time of enrollment,
whether to receive only college credit or high school credit and
college credit for the course.
(1) The student may elect to receive only college credit for
the course. Except as provided in section 3365.041 of the Revised
Code, if the student successfully completes the course, the
college shall
award the student full credit for the course, but
the board
of education, community school governing authority, STEM
school,
or nonpublic participating school shall not award the high
school
credit.
(2) The student may elect to receive both high school credit
and college credit for the course. Except as provided in section
3365.041 of the Revised Code, if the student successfully
completes the course, the college shall award the student full
credit for the course and the board of education, community school
governing authority, STEM school, or nonpublic school shall award
the student high school credit.
(B) The student may elect at the time of enrollment for
each
course to have the college reimbursed under section 3365.07 of the
Revised Code or as provided in alternative funding agreements
entered into under rules adopted under section 3365.12 of the
Revised Code. Except as provided in section 3365.041 of the
Revised Code, if the student successfully completes the
course,
the
college shall award the student full credit for the course,
the board
of education, community school governing authority, STEM
school, or nonpublic school shall award the student
high school
credit, and the college
shall be
reimbursed in accordance with
section 3365.07 of the Revised
Code or alternative funding
agreements entered into under rules adopted under section 3365.12
of the Revised Code.
When determining a school district's formula ADM
under
section
3317.03 of the Revised Code, the time a participant is
attending
courses under division (A) of this section shall be
considered as
time the participant is not attending or enrolled in
school
anywhere, and the time a participant is attending courses
under
division (B) of this section shall be considered as time the
participant is attending or enrolled in the district's schools.
Sec. 3365.041. (A) When a school district superintendent,
the governing
authority of a community school, or the
chief
administrative officer of a STEM school expels
a student under
division (B)
of section 3313.66 of the
Revised
Code, the district
superintendent, governing authority, or chief administrative
officer shall
send a written notice
of the
expulsion to any
college in which the
expelled student is
enrolled under section
3365.03 of the Revised
Code at the
time the
expulsion is imposed.
The notice shall
indicate the date the
expulsion is scheduled to
expire. The notice
also shall indicate
whether the district board
of education,
community school governing
authority, or the
STEM
school has
adopted a policy under
section 3313.613 of the
Revised Code to
deny high school
credit
for post-secondary
courses taken during an
expulsion. If the expulsion is
extended
under division (F) of
section 3313.66 of the
Revised Code, the
district
superintendent, community school governing authority,
or
STEM school
chief administrative officer shall notify the
college of the
extension.
(B) A college may withdraw its acceptance under
section
3365.03 of the Revised Code of a student who is
expelled from
school under division (B) of section 3313.66 of the Revised
Code.
As provided in section 3365.03 of the Revised
Code, regardless of
whether the college withdraws its acceptance of the student for
the college
term in which the student is expelled, the student is
ineligible to enroll in a college under that section for
subsequent college terms during the period of the expulsion,
unless the student enrolls in another school district or community
school, or a
participating nonpublic school during that period.
If a college withdraws its acceptance of an expelled student
who
elected either option of division (A)(1) or (2) of section
3365.04 of the
Revised Code, the college shall
refund tuition and
fees paid by the student in the same proportion that it
refunds
tuition and fees to students
who voluntarily withdraw from the
college at the same time in the term.
If a college withdraws its acceptance of an expelled student
who
elected the option of division (B) of section 3365.04 of the
Revised Code, the school district, community school, or STEM
school
shall not award high school credit for the college courses
in which the
student was enrolled at the
time the college withdrew
its acceptance, and any reimbursement
under section 3365.07 of the
Revised Code or through alternative funding agreements entered
into under rules adopted under section 3365.12 of the Revised Code
for the student's
attendance prior to the withdrawal
shall be the
same as would be paid for a student who voluntarily
withdrew from
the college at the same time in the term. If the
withdrawal
results in the
college's receiving no reimbursement,
the
college
may require the student to return or pay for the
textbooks and
materials it provided the student free of charge
under section
3365.08 of the Revised Code.
(C) When a student who elected the option of division
(B) of
section 3365.04 of the Revised Code is expelled under
division (B)
of section 3313.66 of the Revised Code from a school
district,
community school, or STEM school that
has adopted a policy under
section 3313.613 of the Revised
Code,
that election is
automatically revoked for all college courses in which the
student
is enrolled during the college term in which the
expulsion is
imposed. Any reimbursement under section 3365.07 of
the Revised
Code or through alternative funding agreements entered into under
rules adopted under section 3365.12 of the Revised Code for the
student's attendance prior to the
expulsion shall be
the same as
would
be paid for a student who voluntarily withdrew
from the
college at the same
time in the term. If the revocation
results
in the college's receiving no
reimbursement, the college
may
require the
student to return or pay for the textbooks and
materials it provided the
student free of charge under section
3365.08 of the Revised
Code.
No later than five days after receiving an expulsion notice
from
the superintendent of a district, the governing authority
of
a community
school, or the chief administrative officer of a
STEM
school that
has adopted a policy under section
3313.613 of
the
Revised Code,
the college shall send a
written
notice to the
expelled student
that the student's election of division
(B) of
section 3365.04 of
the Revised Code is
revoked. If
the college
elects not to withdraw
its acceptance of the student, the student
shall pay all
applicable tuition and fees for the college courses
and shall
pay
for the
textbooks and materials that the college
provided under
section
3365.08 of the Revised Code.
Sec. 3365.07. (A) The rules adopted under section 3365.02
of
the Revised Code shall specify a method for each of the
following:
(1) Determining, with respect to any participant, the
percentage of a full-time educational program constituted by the
participant's total educational program. That percentage shall
be
the participant's full-time equivalency percentage for
purposes of
the computation required by division (B)(1) of this
section.
(2) In the case of a participant who is not enrolled in a
participating nonpublic school, determining the percentage of a
participant's school day during which the participant is
participating in each
of the following:
(a) Programs provided by the city, local, or exempted
village
school district, a community school, or a STEM school;
(b) Programs provided by a joint vocational school
district;
(c) Programs provided by a college under division (B) of
section 3365.04 of the Revised Code.
The sum of divisions (A)(2)(a) to (c) of this section shall equal
one hundred per cent.
(3) In the case of a participant who is not enrolled in a
participating nonpublic school, determining the percentage of a
participant's enrollment that shall be deemed to be enrollment in
a joint vocational school district and the percentage that shall
be deemed to be enrollment in a city, local, or exempted village
school district. The sum of such percentages shall equal one
hundred per cent.
(4) In the case of a participant who is enrolled in a
participating nonpublic school, determining the percentage of a
participant's school day during which the participant is
participating in
programs provided by a college under division (B)
of section
3365.04 of the Revised Code.
(B) Each July, unless provided otherwise in an alternative
funding agreement entered into under rules adopted under section
3365.12 of the Revised Code, the department of education shall pay
each
college for any participant enrolled in the college in the
prior
school year under division (B) of section 3365.04 of the
Revised
Code an amount computed as follows:
(1) Multiply the tuition base by the participant's
full-time
equivalency percentage and multiply the resulting
amount by a
percentage equal to the percentage of the
participant's school day
apportioned to the college under
division (A)(2)(c) or (4) of this
section, as applicable.
(2) Pay the college the lesser of:
(a) The amount computed under division (B)(1) of this
section;
(b) The actual costs that would have been the
responsibility
of the participant had the participant elected
to enroll under
division (A) of section 3365.04 of the Revised Code, as verified
by the department, of tuition, textbooks, materials, and fees
directly related to any courses elected by the participant during
the prior school year under division (B) of section 3365.04 of
the
Revised Code.
(C) The department shall not reimburse any college for any
course taken by a participant under division (A) of section
3365.04 of the Revised Code.
(D) If the participant was not enrolled in a participating
nonpublic school, the amount paid under division (B) of this
section for each participant shall be subtracted from the school
foundation payments made to the participant's school district or,
if the
participant was enrolled in a community school or a STEM
school, from the
payments made to the
participant's school under
section 3314.08 or 3326.33 of the
Revised Code.
If the
participant was enrolled in a joint
vocational school
district, a
portion of the amount shall be
subtracted from the
payments to
the joint vocational school
district and a portion
shall be
subtracted from the payments to
the participant's city,
local, or
exempted village school
district. The amount of the
payment
subtracted from the city,
local, or exempted village
school
district shall be computed as
follows:
(a) The percentage of the participant's enrollment in the
school district, determined under division (A)(3) of this
section;
and
(b) Twenty-five per cent times the percentage of the
participant's enrollment in the joint vocational school district,
determined under division (A)(3) of this section.
(2) Multiply the sum obtained under division (D)(1) of
this
section by the amount computed under division (B)(2) of this
section.
The balance of the payment shall be subtracted from the joint
vocational district's school foundation payments.
(E) If the participant was enrolled in a participating
nonpublic school, the amount paid under division (B) of this
section shall be subtracted from moneys set aside by the general
assembly for such purpose from funds appropriated for the
purposes
of section 3317.06 of the Revised Code.
Sec. 3365.08. (A) A college that expects to receive or
receives reimbursement under section 3365.07 of the Revised Code
or through alternative funding agreements entered into under rules
adopted under section 3365.12 of the Revised Code
shall furnish to
a participant all textbooks and materials
directly related to a
course taken by the participant under
division (B) of section
3365.04 of the Revised Code. No college
shall charge such
participant for tuition, textbooks, materials,
or other fees
directly related to any such course.
(B) No student enrolled under this chapter in a course for
which credit toward high school graduation is awarded shall
receive
direct financial aid through any state or federal program.
(C) If a school district provides transportation for
resident
school students in grades eleven and twelve under
section
3327.01
of the Revised Code, a parent of a pupil enrolled
in a
course
under division (A)(2) or (B) of section 3365.04 of the Revised
Code
may apply to the board of education for full or partial
reimbursement for the necessary costs of transporting the student
between the secondary school the student attends and the
college
in which the student is enrolled. Reimbursement may
be paid
solely
from funds received by the district under division
(D) of
section
3317.022 3306.12
of the Revised Code. The state board of
education
shall
establish guidelines, based on financial need,
under which a
district may provide such reimbursement.
(D) If a community school provides or arranges
transportation
for its
pupils in grades nine through twelve under
section
3314.091 of the
Revised Code, a parent of a pupil of the
community
school
who is enrolled in a course under division (A)(2) or (B) of
section 3365.04 of
the
Revised
Code may apply to the governing
authority of the community school for
full or partial
reimbursement of the necessary costs of
transporting the student
between the community school and the
college. The governing
authority may pay the reimbursement in
accordance with the state
board's rules adopted under division (C)
of this section solely
from funds paid to it under section 3314.091 of the
Revised Code.
Sec. 3365.09. Section 3365.07 and, divisions (A) and (C) of
section 3365.08, and agreements entered into under rules adopted
under section 3365.12 of
the Revised Code do not apply to any
college
course in which a student is
enrolled if during the term
such
student is enrolled in the college course
the student is
also a
full-time student in the student's
district, community
school,
STEM school, or nonpublic school. The rules
adopted under
section
3365.02 of the Revised Code shall
prescribe a method for
determining whether a student is enrolled full-time in the
student's district, community school, STEM school, or
nonpublic
school.
Sec. 3365.10. As used in this section, the "base amount"
for
any school year is one million dollars. "Full-time
equivalency
percentage" and "percentage of the school day"
enrolled in college
shall be determined under the rules described
by divisions (A)(1)
and (4) of section 3365.07 of the Revised
Code or the rules
adopted under section 3365.12 of the Revised Code.
(A) Each nonpublic school student who wishes to become a
participant in any school year shall send to the department of
education a copy of his the student's acceptance from a college
and an
application. The application shall be made on forms
provided by
the state board and shall include information about
the student's
proposed participation, including the school year in
which he the
student
wishes to participate; the semesters or terms
the student wishes
to enroll during such year; the student's
expected full-time
equivalency percentage for each such semester
or term; and the
percentage of the school day each such semester
or term that the
student expects to be enrolled in programs
provided by a college
under division (B) of section 3365.04 of the
Revised Code. The
department shall mark each application with the
date and time of
receipt.
(B) Calculations involving applications under this
division
shall be made in the order in which the applications are
received.
Upon receipt of an application under division (A) of this
section, the department shall calculate the amount the college
would be paid under division (B) of section 3365.07 of the
Revised
Code or through alternative funding agreements entered into under
rules adopted under section 3365.12 of the Revised Code for the
student's expected participation. The For calculations made under
division (B) of section 3365.07 of the Revised Code, the
department shall subtract each such calculated amount from the
base amount for that year, or the amount remaining for that year
after the subtraction from the base amount of amounts previously
calculated under this division as a result of prior applications
for participation in that year, whichever is the lesser amount.
(C) If such a subtraction under division (B) of this
section
results in a positive number, the department shall notify
the
applicant within three weeks of the receipt of his the
application
that he such applicant may participate in the
post-secondary
enrollment options program to the extent indicated in the
application.
(D) If such a subtraction under division (B) of this
section
results in a negative number, the department shall,
within one
week of the receipt of such application, notify the
applicant, the
applicant's nonpublic school, and the college
accepting the
applicant that funds will not be available for the
applicant's
participation in the program during the year for
which the
application was made. The department shall also notify
all
applicants whose applications for that year are subsequently
received, their nonpublic schools, and the colleges accepting
them
of the same fact.
(E) No applicant receiving notification under division (D)
of
this section may become a participant under division (B) of
section 3365.04 of the Revised Code for the year for which he the
applicant
applied and no college shall be paid under division (B)
of
section 3365.07 of the Revised Code or through alternative
funding agreements entered into under rules adopted under section
3365.12 of the Revised Code for participation by any such
applicant in such year.
Sec. 3365.12. The superintendent of public instruction and
the chancellor of the Ohio board of regents jointly may adopt
rules in accordance with Chapter 119. of the Revised Code
permitting a board of education of a school district or joint
vocational school district, governing authority of a community
school, governing body of a STEM school, or governing authority of
a participating nonpublic school to enter into an agreement with a
college or university to use an alternate funding formula to
calculate, or an alternate method to transmit, the amount the
college or university would be paid for a student participating in
a program under this chapter, including the program known as
seniors to sophomores.
Rules adopted under this section may include, but need not be
limited to, any of the following alternative funding options:
(A) Direct payment of funds necessary to support students
participating in a program under this chapter, including the
seniors to sophomores program, by the school district, joint
vocational school district, community school, STEM school, or any
combination thereof, to the college or university in which the
student enrolled;
(B) Alternate funding formulas to calculate the amount of
money to be paid to colleges for participants;
(C) A negotiated amount to be paid, as agreed by the school
district, joint vocational school district, community school, or
STEM school and the college or university.
Sec. 3375.79. There is hereby created in the state treasury
the Bill and Melinda Gates foundation grant fund consisting of
Bill and Melinda Gates foundation grants awarded to the state
library of Ohio. The state library board shall use the fund for
the improvement of public library services, interlibrary
cooperation, or other library purposes. All investment earnings of
the fund shall be credited to the fund.
Sec. 3701.024. (A)(1) Under a procedure established in
rules
adopted under section 3701.021 of the Revised Code, the
department
of health shall determine the amount each county shall
provide
annually for the program for medically handicapped
children, based
on a proportion of the county's total general
property tax
duplicate, not to exceed one-tenth of a
mill, and
charge the
county for any part of expenses incurred under the
program for
diagnostic and treatment services on behalf of medically
handicapped
children having legal settlement in the county that is
not paid
from federal funds or through the medical assistance
program
established under section 5111.01 of the Revised Code. The
department shall not charge the county for expenses exceeding the
difference between the amount determined under division (A)(1) of
this section and any amounts retained under divisions (A)(2) and
(3) of this section.
All amounts collected by the department under division
(A)(1)
of this section shall be deposited into the state treasury
to the
credit of the medically handicapped children-county
assessment
fund, which is hereby created. The fund shall be used
by the
department to comply with sections 3701.021 to 3701.028 of
the
Revised Code.
(2) The department, in accordance with rules adopted under
section 3701.021 of the Revised Code, may allow each county to
retain up to ten per cent of the amount determined under division
(A)(1) of this section to provide funds to city or general health
districts of the county with which the districts shall provide
service coordination, public health nursing, or transportation
services for medically handicapped children.
(3) In addition to any amount retained under division
(A)(2)
of this section, the department, in accordance with rules
adopted
under section 3701.021 of the Revised Code, may allow
counties
that it determines have significant numbers of
potentially
eligible medically handicapped children to retain an
amount equal
to the difference between:
(a) Twenty-five per cent of the amount determined under
division (A)(1) of this section;
(b) Any amount retained under division (A)(2) of this
section.
Counties shall use amounts retained under division (A)(3)
of
this section to provide funds to city or general health
districts
of the county with which the districts shall conduct
outreach
activities to increase participation in the program for
medically
handicapped children.
(4) Prior to any increase in the millage charged to a
county,
the public health council shall hold a public hearing on
the
proposed increase and shall give notice of the hearing to
each
board of county commissioners that would be affected by the
increase at least thirty days prior to the date set for the
hearing. Any county commissioner may appear and give testimony
at
the hearing. Any increase in the millage any county is
required to
provide for the program for medically handicapped
children shall
be determined, and notice of the amount of the
increase shall be
provided to each affected board of county
commissioners, no later
than the first day of June of the fiscal
year next preceding the
fiscal year in which the increase will
take effect.
(B) Each board of county commissioners shall establish a
medically handicapped children's fund and shall appropriate
thereto an amount, determined in accordance with division (A)(1)
of this section, for the county's share in providing medical,
surgical, and other aid to medically handicapped children
residing
in such county and for the purposes specified in
divisions (A)(2)
and (3) of this section. Each county shall use
money retained
under divisions (A)(2) and (3) of this section
only for the
purposes specified in those divisions.
Sec. 3701.045. (A) The department of health,
in consultation
with the children's trust fund board established under section
3109.15 of the Revised Code and any bodies acting as child
fatality review
boards on the
effective date of this section
October 5, 2000,
shall adopt rules in accordance with
Chapter 119.
of the Revised Code that establish a procedure for
child fatality
review boards to follow in conducting a review
of the death of a
child. The rules shall do
all of the following:
(1) Establish the format for the annual reports required by
section
307.626 of the Revised Code;
(2) Establish guidelines for a child fatality review board
to
follow in compiling statistics for annual reports so that the
reports do not contain any information that would permit any
person's identity to be ascertained from a report;
(3) Establish guidelines for a child fatality review board to
follow in
creating
and maintaining the comprehensive database of
child deaths required by
section 307.623 of the Revised
Code,
including provisions establishing uniform record-keeping
procedures;
(4) Establish guidelines for reporting child fatality review
data to the department of health or a national child death review
database, either of which must maintain the confidentiality of
information that would permit a person's identity to be
ascertained;
(5) Establish guidelines, materials, and training to help
educate
members of child fatality review boards about the purpose
of the review
process
and the confidentiality of the
information
described in section 307.629 of the
Revised Code
and to make them
aware that such information is not a public record
under section
149.43 of the Revised Code.
(B) On or before the thirtieth day of September of each
year,
the department of health and the children's trust
fund board
jointly shall prepare and publish a report
organizing and setting
forth the data from the department of health child death review
database or the national child death review database, data in all
the reports provided
by child fatality
review boards in their
annual reports for the
previous calendar
year, and recommending
recommendations for any changes to law and policy that
might
prevent future deaths. The department and the children's trust
fund
board jointly shall provide a copy of the report to the
governor, the speaker
of
the house of representatives, the
president of the senate, the minority
leaders of the house of
representatives and the senate, each county or
regional child
fatality review board, and each county or regional family and
children first council.
Sec. 3701.07. (A) The public health council shall adopt
rules in accordance with Chapter 119. of the Revised Code
defining
and classifying hospitals and dispensaries and providing
for the
reporting of information by hospitals and
dispensaries.
Except as
otherwise provided in the Revised Code, the
rules
providing for
the
reporting of information shall not
require
inclusion of any
confidential patient data or
any
information
concerning the
financial condition, income, expenses,
or net
worth
of the
facilities other than that financial
information
already
contained
in those portions of the medicare or
medicaid
cost
report that is
necessary for the department of
health to
certify
the per diem
cost under section 3701.62 of the
Revised
Code. The
rules may
require the reporting of information
in the
following
categories:
(1) Information needed to identify and classify the
institution;
(2) Information on facilities and type and volume of
services
provided by the institution;
(3) The number of beds listed by category of care
provided;
(4) The number of licensed or certified professional
employees by classification;
(5) The number of births that occurred at the institution
the
previous calendar year;
(6) Any other information that the council considers
relevant
to the
safety of patients served by the institution.
Every hospital and dispensary, public or private, annually
shall register with and report to the department of health.
Reports shall be submitted in the manner prescribed
in
rules
adopted under this division.
(B) Every governmental entity or private nonprofit
corporation or association whose employees or representatives are
defined as residents' rights advocates under divisions (E)(1) and
(2) of section 3721.10 or division (A)(10) of section 3722.01 of
the Revised Code shall register with the department of health on
forms furnished by the director of health and shall provide such
reasonable identifying information as the director may prescribe.
The department shall compile a list of the governmental
entities, corporations, or associations registering under this
division and shall update the list annually. Copies of the list
shall be made available to nursing home administrators as defined
in division (C) of section 3721.10 of the Revised Code and to
adult care facility managers as defined in section 3722.01 of the
Revised Code.
(C) Every governmental entity or private nonprofit
corporation or association whose employees or representatives act
as residents' rights advocates for community alternative homes
pursuant to section 3724.08 of the Revised Code shall register
with the department of health on forms furnished by the director
of health and shall provide such reasonable identifying
information as the director may prescribe.
The department shall compile a list of the governmental
entities, corporations, and associations registering under this
division and shall update the list annually. Copies of the list
shall be made available to operators or residence managers of
community alternative homes as defined in section 3724.01 of the
Revised Code.
Sec. 3701.344. As used in this section and sections
3701.345, 3701.346, and 3701.347 of the Revised Code:
(A) "Private water system" means any water system for the
provision of water for human consumption, if such system has
fewer
than fifteen service connections and does not regularly
serve an
average of at least twenty-five individuals daily at
least sixty
days out of the year. A private water system
includes any well,
spring, cistern, pond, or hauled water and any
equipment for the
collection, transportation, filtration,
disinfection, treatment,
or storage of such water extending from
and including the source
of the water to the point of discharge
from any pressure tank or
other storage vessel; to the point of
discharge from the water
pump where no pressure tank or other
storage vessel is present;
or, in the case of multiple service
connections serving more than
one dwelling, to the point of
discharge from each service
connection. A private "Private water system"
does not include the
water service line extending from the point
of discharge to a
structure.
(B) Notwithstanding section 3701.347 of the Revised Code
and
subject to division (C) of this section, rules adopted by the
public health council regarding private water systems shall
provide for the following:
(1) Except as otherwise provided in this division, boards
of
health of city or general health districts shall be given the
exclusive power to establish fees in accordance with section
3709.09 of the Revised Code for administering and enforcing such
rules. Such fees shall establish a different rate for
administering and enforcing the rules relative to private water
systems serving single-family dwelling houses and
nonsingle-family
dwelling houses. Except for an amount
established by the public
health council, pursuant to division
(B)(5) of this section, for
each new private water system
installation, no portion of any fee
for administering and
enforcing such rules shall be returned to
the department of
health. If the director of health determines
that a board of
health of a city or general health district is
unable to
administer and enforce a private water system program in
the
district, the director shall administer and enforce such a
program in the district and establish fees for such
administration
and enforcement.
(2) Boards of health of city or general health districts
shall be given the exclusive power to determine the number of
inspections necessary for determining the safe drinking
characteristics of a private water system.
(3) Private water systems contractors, as a condition of
doing business in this state, shall annually register with, and
comply with surety bonding requirements of, the department of
health. No such contractor shall be permitted to register if he
the contractor fails to comply with all applicable rules adopted
by
the public
health council and the board of health of the city
or general
health district. The annual registration fee for
private water
systems contractors shall be sixty-five dollars. The
public
health council, by rule adopted in accordance with Chapter
119.
of the Revised Code, may increase the annual registration
fee.
Before January 1, 1993, the fee shall not be increased by
more
than fifty per cent of the amount prescribed by this section.
(4) Boards of health of city or general health districts
subject to such rules of the public health council shall have the
option of determining whether bacteriological examinations shall
be performed at approved laboratories of the state or at approved
private laboratories.
(5) The public health council may establish fees for each
new
private water system installation, which shall be collected
by the
appropriate city or general health district board of health and
returned transmitted
to the
department director of health
pursuant to section 3709.092 of the Revised Code.
(6) All fees collected received by the director of health
under
divisions (B)(1), (3), and (5) of this section shall be
deposited
in the state treasury to the credit of the general
operations
fund
created in section 3701.83 of the Revised Code
for use in
the
administration and enforcement of sections
3701.344 to
3701.347 of
the Revised Code and the rules pertaining
to private
water systems
adopted under those sections or section
3701.34 of
the Revised
Code.
(C) To the extent that rules adopted under division (B) of
this section require health districts to follow specific
procedures or use prescribed forms, no such procedure or form
shall be implemented until it is approved by majority vote of an
approval board of health commissioners, hereby created. Members
of
the board shall be the officers of the association of Ohio
health
commissioners, or any successor organization, and
membership on
the board shall be coterminous with holding an
office of the
association. No health district is required to
follow a procedure
or use a form required by a rule adopted under
division (B) of
this section without the approval of the board.
(D) A board of health shall collect well log filing fees on
behalf of the division of water in the department of natural
resources in accordance with section 1521.05 of the Revised Code
and rules adopted under it. The fees shall be submitted to the
division quarterly as provided in those rules.
Sec. 3701.611. (A) The governor shall create the help me
grow advisory council in accordance with 20 U.S.C. 1441, which
shall serve as the state interagency coordinating council, as
described in 20 U.S.C. 1441. Members of the council shall
reasonably represent the population of this state. The governor
shall appoint one of its members to serve as chairperson of the
council, or the governor may delegate appointment of the
chairperson to the council. No member of the council representing
the department of health shall serve as chairperson.
(B) The council shall meet at least once in each quarter of
the calendar year. The chairperson may call additional meetings if
necessary.
(C) A member of the council shall not vote on any matter that
is likely to provide a direct financial benefit to that member or
otherwise be a conflict of interest.
(D) The governor may reimburse members of the council for
actual and necessary expenses incurred in the performance of their
official duties, including child care for the parent
representatives described in 20 U.S.C. 1441(b)(1)(A). The governor
also may compensate members of the council who are not employed or
who must forfeit wages from other employment when performing
official council business.
(E) The department of health shall serve as the "lead
agency," as described by 20 U.S.C. 1435(a)(10).
(F) The help me grow advisory council shall do all of the
following:
(1) Advise and assist the department of health in the
performance of the responsibilities described in 20 U.S.C.
1435(a)(10), including the following:
(a) Identification of the sources of fiscal and other support
for services for early intervention programs;
(b) Assignment of financial responsibility to the appropriate
agency, in accordance with 20 U.S.C. 1437(a)(2);
(c) Promotion of formal interagency agreements that define
the financial responsibility of each agency for paying for early
intervention services and procedures for resolving disputes;
(2) Advise and assist the department of health in the
preparation and amendment of applications related to the
department of health's responsibilities described in 20 U.S.C.
1435(a)(10);
(3) Advise and assist the department of education regarding
the transition of toddlers with disabilities to preschool and
other appropriate services;
(4) Prepare and submit an annual report to the governor,
before the thirtieth day of September, on the status of early
intervention programs for infants and toddlers with disabilities
and their families operated within this state during the most
recent fiscal year.
(G) The help me grow advisory council may advise and assist
the department of health and the department of education regarding
the provision of appropriate services for children age five and
younger. The council may advise appropriate agencies about the
integration of services for infants and toddlers with
disabilities, and at-risk infants and toddlers and their families,
regardless of whether at-risk infants and toddlers are eligible
for early intervention services.
Sec. 3701.78. (A) There is hereby created the commission
on
minority health, consisting of eighteen nineteen members. The
governor
shall appoint to the commission nine members from among
health
researchers, health planners, and health professionals. The
speaker of the house of representatives shall appoint to the
commission two members of the house of representatives, not more
than one of whom is a member of the same political party, and the
president of the senate shall appoint to the commission two
members of the senate, not more than one of whom is a member of
the same political party. The directors of health, mental
health,
mental retardation and developmental disabilities, alcohol and
drug addiction services, and
job and
family services, or their
designees, and the
superintendent of
public instruction, or the
superintendent's designee, shall
be
members of the
commission. The
commission shall elect a
chairperson
from among its members. Of
the members appointed by
the governor, five shall
be
appointed to
initial terms of one
year, and four shall be
appointed to initial
terms of two years.
Thereafter, all members
appointed by the
governor shall be
appointed to terms of two
years. All members of
the commission
appointed by the speaker of
the house of
representatives or the
president of the senate shall
be nonvoting
members of the
commission and be appointed within
thirty days
after the
commencement of the first regular session
of each
general
assembly, and shall serve until the expiration of
the
session of
the general assembly during which they were
appointed.
Members of
the commission shall serve without
compensation, but
shall be
reimbursed for the actual and
necessary expenses they
incur in the
performance of their
official duties.
(B) The commission shall promote health and the prevention
of
disease among members of minority groups. Each year the
commission
shall distribute grants from available funds to
community-based
health groups to be used to promote health and
the
prevention of
disease among members of minority groups. As
used
in this
division,
"minority group" means any of the
following
economically
disadvantaged groups: Blacks, American
Indians,
Hispanics, and
Orientals. The commission shall adopt
and maintain
rules pursuant
to Chapter 119. of the Revised Code
to provide for
the
distribution of these grants. No group shall
qualify to
receive a
grant from the commission unless it receives
at least
twenty per
cent of its funds from sources other than
grants
distributed under
this section.
(C) The commission may appoint such employees as it
considers
necessary to carry out its duties under this section.
The
department of health shall provide office space for the
commission.
(D) The commission shall meet at the call of its
chairperson
to conduct its official business. A majority of the
voting
members
of the commission constitute a quorum. The votes of at
least eight
voting members of the commission are necessary for
the
commission
to take any official action or to approve the
distribution of
grants under this section.
Sec. 3702.51. As used in sections 3702.51 to 3702.62 of
the
Revised Code:
(A)
"Applicant" means any person that submits an
application
for a certificate of need and who is designated in
the application
as the applicant.
(B)
"Person" means any individual, corporation, business
trust, estate, firm, partnership, association, joint stock
company, insurance company, government unit, or other entity.
(C)
"Certificate of need" means a written approval granted
by
the director of health to an applicant to authorize conducting
a
reviewable activity.
(D)
"Health service area" means a geographic region
designated by the director of health under section 3702.58 of the
Revised Code.
(E)
"Health service" means a clinically related service,
such
as a diagnostic, treatment, rehabilitative, or preventive
service.
(F)
"Health service agency" means an agency designated to
serve a health service area in accordance with section 3702.58 of
the Revised Code.
(G)
"Health care facility" means:
(1) A hospital registered under section 3701.07 of the
Revised Code;
(2) A nursing home licensed under section 3721.02 of the
Revised Code, or by a political subdivision certified under
section 3721.09 of the Revised Code;
(3) A county home or a county nursing home as defined in
section 5155.31 of the Revised Code that is certified under Title
XVIII or XIX of the
"Social Security Act," 49 Stat. 620 (1935),
42
U.S.C.A. 301, as amended;
(4) A freestanding dialysis center;
(5) A freestanding inpatient rehabilitation facility;
(6) An ambulatory surgical facility;
(7) A freestanding cardiac catheterization facility;
(8) A freestanding birthing center;
(9) A freestanding or mobile diagnostic imaging center;
(10) A freestanding radiation therapy center.
A health care facility does not include the offices of
private physicians and dentists whether for individual or group
practice, residential facilities licensed under section
5123.19 of
the Revised Code, or an institution for
the sick that is operated
exclusively for patients who use
spiritual means for
healing and
for whom the acceptance of medical
care is inconsistent with their
religious beliefs, accredited by a
national accrediting
organization, exempt
from federal income
taxation under section
501 of the Internal
Revenue Code of 1986,
100 Stat. 2085, 26
U.S.C.A. 1, as
amended, and providing
twenty-four hour nursing
care pursuant to the exemption
in
division (E) of section 4723.32
of the Revised Code from
the
licensing requirements of Chapter
4723. of the Revised Code.
(H)
"Medical equipment" means a single unit of medical
equipment or a single system of components with related functions
that is used to provide health services.
(I)
"Third-party payer" means a health insuring corporation
licensed under Chapter
1751.
of the Revised Code, a health
maintenance organization as defined in
division (K) of this
section, an
insurance company that issues sickness and accident
insurance in
conformity with Chapter 3923. of the Revised Code, a
state-financed health insurance program under Chapter 3701.,
4123., or 5111. of the Revised Code, or any self-insurance plan.
(J)
"Government unit" means the state and any county,
municipal corporation, township, or other political subdivision
of
the state, or any department, division, board, or other agency
of
the state or a political subdivision.
(K)
"Health maintenance organization" means a public or
private organization organized under the law of any state that is
qualified under section 1310(d) of Title XIII of the
"Public
Health Service Act," 87 Stat. 931 (1973), 42 U.S.C.
300e-9.
(L)
"Existing health care facility" means either of the
following:
(1) A health care
facility that is licensed or otherwise
authorized to operate in
this state in accordance with applicable
law, including a county home or a county nursing home that is
certified as of February 1, 2008, under Title XVIII or Title XIX
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.
301,
as amended, is staffed and
equipped to provide health care
services, and is actively providing
health services;
(2) A health care facility that is licensed or otherwise
authorized to operate in this state in accordance with applicable
law, including a county home or a county nursing home that is
certified as of February 1, 2008, under Title XVIII or Title XIX
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.
301,
as amended, or that has beds registered under section 3701.07
of
the Revised Code as skilled nursing beds or long-term care beds
and has provided services for at least three hundred sixty-five
consecutive days within the twenty-four months immediately
preceding the date a certificate of need application is filed with
the director of health.
(M)
"State" means the state of Ohio, including, but not
limited to, the general assembly, the supreme court, the offices
of all elected state officers, and all departments, boards,
offices, commissions, agencies, institutions, and other
instrumentalities of the state of Ohio.
"State" does not include
political subdivisions.
(N)
"Political subdivision" means a municipal corporation,
township, county, school district, and all other bodies corporate
and politic responsible for governmental activities only in
geographic areas smaller than that of the state to which the
sovereign immunity of the state attaches.
(O)
"Affected person" means:
(1) An applicant for a certificate of need, including an
applicant whose application was reviewed comparatively with the
application in question;
(2) The person that requested the reviewability ruling in
question;
(3) Any person that resides or regularly uses health care
facilities within the geographic area served or to be served by
the health care services that would be provided under the
certificate of need or reviewability ruling in question;
(4) Any health care facility that is located in the health
service area where the health care services would be provided
under the certificate of need or reviewability ruling in question;
(5) Third-party payers that reimburse health care
facilities
for services in the health service area where the
health care
services would be provided under the certificate of need or
reviewability ruling in question;
(6) Any other person who testified at a public hearing
held
under division (B) of section 3702.52 of the Revised Code or
submitted written comments in the course of review of the
certificate of need application in question.
(P)
"Osteopathic hospital" means a hospital registered
under
section 3701.07 of the Revised Code that advocates
osteopathic
principles and the practice and perpetuation of
osteopathic
medicine by doing any of the following:
(1) Maintaining a department or service of osteopathic
medicine or a committee on the utilization of osteopathic
principles and methods, under the supervision of an osteopathic
physician;
(2) Maintaining an active medical staff, the majority of
which is comprised of osteopathic physicians;
(3) Maintaining a medical staff executive committee that
has
osteopathic physicians as a majority of its members.
(Q)
"Ambulatory surgical facility" has the same meaning as
in
section 3702.30 of the Revised Code.
(R) Except as otherwise provided in division (T) of this
section, and until
the termination date specified in section
3702.511 of the Revised Code,
"reviewable activity" means any of
the following:
(1) The addition
by any person of any of the following
health
services, regardless of the amount of operating costs or
capital
expenditures:
(a) A heart, heart-lung, lung, liver, kidney, bowel,
pancreas, or bone marrow transplantation service, a stem cell
harvesting and
reinfusion service, or a service for
transplantation
of any other organ unless transplantation of the
organ is
designated by public health council rule not to be a
reviewable
activity;
(b) A cardiac catheterization service;
(c) An open-heart surgery service;
(d) Any new, experimental medical technology
that is
designated by rule of the public health council.
(2) The acceptance of high-risk patients, as defined in
rules
adopted under section 3702.57 of the Revised Code, by any
cardiac
catheterization service that was initiated without a
certificate
of
need pursuant to division
(R)(3)(b) of the version
of this
section in effect
immediately prior to April 20,
1995;
(3)(a) The establishment, development, or construction of a
new health care facility other than a new long-term care facility
or a new
hospital;
(b) The establishment, development, or construction of a new
hospital or
the relocation of an existing hospital;
(c) The relocation of hospital beds, other than long-term
care,
perinatal, or pediatric intensive care beds, into or out of
a rural
area.
(4)(a) The replacement of an existing hospital;
(b) The replacement of an existing hospital obstetric or
newborn care unit or freestanding birthing
center.
(5)(a) The renovation of a hospital
that involves
a capital
expenditure, obligated on or after
June 30, 1995, of five million
dollars or more,
not including
expenditures for equipment,
staffing, or operational costs. For
purposes of division (R)(5)(a)
of this
section, a capital
expenditure is obligated:
(i) When a contract enforceable under Ohio law is entered
into for the construction, acquisition, lease, or financing of a
capital
asset;
(ii) When the governing body of a hospital takes formal
action to
commit its own funds for a construction project
undertaken by the hospital as
its own contractor;
(iii) In the case of donated property, on the date the gift
is
completed under applicable Ohio law.
(b) The renovation of a hospital obstetric or newborn care
unit
or freestanding birthing center that involves a capital
expenditure of five
million dollars or more, not including
expenditures for equipment, staffing,
or operational costs.
(6) Any change in the health care services, bed capacity,
or
site, or any other failure to conduct the reviewable activity
in
substantial accordance with the approved application for which
a
certificate of need was granted, if the change is made prior to
the date the activity for which the certificate was issued ceases
to be a
reviewable activity;
(7) Any of the following changes in perinatal bed capacity
or
pediatric
intensive care bed capacity:
(a) An increase in bed capacity;
(b) A change in service or service-level
designation of
newborn care beds or obstetric beds in a hospital or
freestanding
birthing center, other than a change of service that is provided
within the service-level designation of newborn care or obstetric
beds as
registered by the department of health;
(c) A relocation of perinatal or pediatric
intensive care
beds from one physical facility or
site to another, excluding the
relocation of beds within a
hospital or freestanding birthing
center or the relocation of beds among buildings of a
hospital or
freestanding birthing
center at the same site.
(8) The expenditure of more than one hundred ten per cent
of
the maximum expenditure specified in a certificate of need;
(9) Any transfer of a certificate of need issued prior to
April
20, 1995, from the person
to whom it was issued to another
person before the project that
constitutes a reviewable activity
is completed, any agreement
that contemplates the transfer of a
certificate of need issued prior to that
date upon
completion of
the project, and any transfer of the controlling
interest in an
entity that holds a certificate of need issued prior to that
date.
However, the transfer of a certificate of need issued prior to
that
date or agreement to
transfer such a certificate of need from
the person to whom the
certificate of need was issued to an
affiliated or related person
does not constitute a reviewable
transfer of a certificate of
need for the purposes of this
division, unless the transfer
results in a change in the person
that holds the
ultimate controlling interest in the certificate of
need.
(10)(a) The acquisition by any person of any of the
following
medical
equipment,
regardless of the amount of operating
costs or
capital expenditure:
(i) A cobalt radiation therapy unit;
(ii) A linear accelerator;
(iii) A gamma knife unit.
(b) The acquisition by any person of medical equipment with
a
cost of two million dollars or more. The cost of acquiring
medical
equipment
includes the sum of the following:
(i) The greater of its fair market value or the cost of its
lease
or purchase;
(ii) The cost of installation and any other activities
essential
to the acquisition of the equipment and its placement
into service.
(11) The addition of another cardiac
catheterization
laboratory to an existing cardiac
catheterization service.
(S) Except as provided in division
(T)(S) of this section,
"reviewable activity" also means any of the following
activities,
none of which are subject to a termination date:
(1) The establishment, development, or construction of a
new
long-term care facility;
(2) The replacement of an existing long-term care
facility;
(3) The renovation of a long-term care facility that
involves
a capital expenditure of two million dollars or more,
not
including expenditures for equipment, staffing, or
operational
costs;
(4) Any Either of the following changes in long-term care bed
capacity:
(a) An increase in bed capacity;
(b) A relocation of beds from one
physical facility or site
to another, excluding the relocation
of beds within a long-term
care facility or among buildings of a
long-term care facility at
the same site;
(c) A recategorization of hospital
beds registered under
section 3701.07 of the
Revised
Code from another registration
category to skilled nursing beds or long-term care beds.
(5) Any change in the health services, bed capacity, or
site,
or any other failure to conduct the reviewable activity in
substantial accordance with the approved application for which a
certificate of need concerning long-term care beds was granted,
if
the change is made within five years after the implementation
of
the reviewable activity for which the certificate was
granted;
(6) The expenditure of more than one hundred ten per cent
of
the maximum expenditure specified in a certificate of need
concerning long-term care beds;
(7) Any transfer of a certificate of need that concerns
long-term care beds and was issued prior to
April 20, 1995, from
the person
to whom it was issued to another person before the
project that
constitutes a reviewable activity is completed, any
agreement
that contemplates the transfer of such a certificate of
need
upon completion of the project, and any transfer of the
controlling interest in an entity that holds such a certificate
of
need. However, the transfer of a certificate of need that
concerns
long-term care beds and was issued prior to
April 20,
1995, or
agreement to
transfer such a certificate of need from the
person
to whom the
certificate was issued to an affiliated or
related
person does
not constitute a reviewable transfer of a
certificate
of need
for purposes of this division, unless the
transfer results
in a
change in the person that holds the ultimate
controlling
interest in the certificate of need.
(T)(S)
"Reviewable activity" does not include any of the
following activities:
(1) Acquisition of computer hardware or software;
(2) Acquisition of a telephone system;
(3) Construction or acquisition of parking facilities;
(4) Correction of cited deficiencies that are in violation
of
federal, state, or local fire, building, or safety laws and
rules
and that constitute an imminent threat to public health or
safety;
(5) Acquisition of an existing health care facility that
does
not involve a change in the number of the beds, by service,
or in
the number or type of health services;
(6) Correction of cited deficiencies identified by
accreditation surveys of the joint commission on accreditation of
healthcare organizations or of the American osteopathic
association;
(7) Acquisition of medical equipment to replace the same
or
similar equipment for which a certificate of need has been
issued
if the replaced equipment is removed from service;
(8) Mergers, consolidations, or other corporate
reorganizations of health care facilities that do not involve a
change in the number of beds, by service, or in the number or
type
of health services;
(9) Construction, repair, or renovation of bathroom
facilities;
(10) Construction of laundry facilities, waste disposal
facilities, dietary department projects, heating and air
conditioning projects, administrative offices, and portions of
medical office buildings used exclusively for physician services;
(11) Acquisition of medical equipment to conduct research
required by the United States food and drug administration or
clinical trials sponsored by the national institute of health.
Use
of medical equipment that was acquired without a certificate
of
need under division (T)(S)(11) of this section and for
which
premarket approval has been granted by the United States food and
drug administration to provide services for which patients or
reimbursement entities will be charged shall be a reviewable
activity.
(12) Removal of asbestos from a health care facility.
Only that portion of a project that meets the requirements
of
this
division (T) of this section is not a reviewable
activity.
(U)(T)
"Small rural hospital" means a hospital that is
located
within a rural area, has fewer than
one hundred beds, and
to which
fewer than four thousand persons
were admitted during the
most
recent calendar year.
(V)(U)
"Children's hospital" means any of the following:
(1) A hospital registered under section 3701.07 of the
Revised Code that provides general pediatric medical and surgical
care, and in which at least seventy-five per cent of annual
inpatient discharges for the preceding two calendar years were
individuals less than eighteen years of age;
(2) A distinct portion of a hospital registered under
section
3701.07 of the Revised Code that provides general
pediatric
medical and surgical care, has a total of at least one
hundred
fifty registered pediatric special care and pediatric
acute care
beds, and in which at least seventy-five per cent of
annual
inpatient discharges for the preceding two calendar years
were
individuals less than eighteen years of age;
(3) A distinct portion of a hospital, if the hospital is
registered under section 3701.07 of the Revised Code as a
children's hospital and the children's hospital meets all the
requirements of division (V)(U)(1) of this section.
(W)(V)
"Long-term care facility" means any of the following:
(1) A nursing home licensed under section 3721.02 of the
Revised Code or by a political subdivision certified under section
3721.09 of
the Revised Code;
(2) The portion of any facility, including a county home or
county
nursing home, that is certified as a skilled nursing
facility or a nursing
facility under Title XVIII or XIX of the
"Social Security Act";
(3) The portion of any hospital that contains beds
registered
under
section 3701.07 of the Revised Code as skilled
nursing beds
or long-term care
beds.
(X)(W)
"Long-term care bed" means a bed in a long-term care
facility.
(Y)
"Perinatal bed" means a bed in a hospital that is
registered under
section 3701.07 of the Revised Code as a newborn
care bed or obstetric bed, or
a bed in a freestanding birthing
center.
(Z)(X)
"Freestanding birthing center" means any facility in
which
deliveries routinely occur, regardless of whether
the
facility is located on the campus of another health care facility,
and
which is not licensed under Chapter 3711. of
the Revised
Code
as a level one, two, or three maternity
unit or a limited
maternity unit.
(AA)(Y)(1)
"Reviewability ruling" means a ruling issued by
the
director of health under division (A) of section 3702.52 of
the
Revised Code
as to whether a particular proposed project is or
is
not a
reviewable activity.
(2)
"Nonreviewability ruling" means a ruling issued under
that division that a particular proposed project is not a
reviewable
activity.
(BB)(Z)(1)
"Metropolitan
statistical area" means an area of
this
state designated a
metropolitan statistical area or primary
metropolitan
statistical area in United
States office of
management and
budget bulletin no. 93-17,
June 30, 1993, and
its
attachments.
(2)
"Rural area" means any area of this state not located
within a metropolitan statistical area.
(CC)(AA) "County nursing home" has the same meaning as in
section
5155.31 of the Revised Code.
Sec. 3702.52. The director of health shall administer
a
state certificate of need program in accordance with sections
3702.51 to 3702.62 of the Revised Code and rules adopted under
those sections.
(A) The director shall issue rulings on whether a
particular
proposed project is a reviewable activity. The
director shall
issue a ruling not later than forty-five days after
receiving a
request for a ruling accompanied by the information
needed to make
the ruling. If the director does not issue a
ruling in that time,
the project shall be considered to
have been ruled not a
reviewable activity.
(B) The director shall review applications for
certificates
of need. Each application shall be submitted to the
director on
forms prescribed by the director, shall include all
information
required by rules adopted under division (B) of
section 3702.57 of
the Revised Code, and shall be accompanied by
the application fee
established in rules adopted under division
(G) of that section.
Application fees received by the director
under this division
shall be deposited into the state treasury to
the credit of the
certificate of need fund, which is hereby
created. The director
shall use the fund only to pay the costs
of administering sections
3702.11 to 3702.20, 3702.30, and 3702.51 to 3702.62 of the Revised
Code
and rules adopted under those sections.
The director shall mail to the applicant a written notice
that the application
meets the criteria for a complete application
specified in rules adopted under
section 3702.57 of the Revised
Code, or a written request for additional
information, not later
than thirty days after
receiving an application or a
response to
an earlier request for information.
The director
shall not make
more than two requests for additional information.
The director may conduct a public informational hearing in
the course of
reviewing any application for a certificate of need,
and shall conduct one if
requested to do so by any affected person
not later than fifteen days after
the director mails the notice
that the application is complete. The hearing
shall be conducted
in the community in which the activities authorized by the
certificate of need would be carried out. Any affected person may
testify at
the hearing. The director may, with the health service
agency's consent,
designate a health service agency to conduct the
hearing.
Except during a public hearing or as necessary to comply
with
a subpoena issued under division
(F)(E) of this section, after a
notice of completeness has been received, no person shall make
revisions to information that was submitted to the director before
the director mailed the notice of completeness or
knowingly
discuss in
person or by telephone the
merits of the
application
with the director. A person may supplement an application after a
notice of completeness has been received by submitting clarifying
information to the director. If one or more persons request a
meeting in person or by telephone, the
director shall make a
reasonable effort to invite interested parties to the
meeting or
conference call.
(C) All of the following apply to the process of granting
or
denying a certificate of need:
(1) If the project proposed in a certificate of need
application meets all of the applicable certificate of need
criteria for approval under sections 3702.51 to 3702.62 of the
Revised Code and the rules adopted under those sections, the
director shall grant a certificate of need
for all or part of the
entire project
that is the subject of the application immediately
after both of
the following conditions are
met:
(a) The board of trustees of the
health service agency of the
health service area in which the
reviewable activity is proposed
to be conducted recommends,
prior to the deadline specified in
division
(C)(4) of this section or any extension of it under
division (C)(5) of this
section, that the certificate of need be
granted;
(b) The director does not receive any written
objections to
the application from any
affected person by the
thirtieth day
after the
director mails the notice of completeness by the
applicable deadline specified in division (C)(4) of this section
or any extension of it under division (C)(5) of this section.
(2) In the case of certificate of need applications under
comparative review, if the projects proposed in the applications
meet all of the applicable certificate of need criteria for
approval under sections 3702.51 to 3702.62 of the Revised Code and
the rules adopted under those sections, the director shall
grant
certificates of need for the entire projects that are the subject
of the
applications immediately after both of the following
conditions are met:
(a) The board of trustees of the health service agency of
each health service
area in which the reviewable activities are
proposed to be conducted
recommends, prior to the deadline
specified in division (C)(4) of this section
or any extension of
it under division (C)(5) of this section, that
certificates of
need be granted for each of the reviewable activities to be
conducted in its health service area;
(b) The director does not receive any written
objections to
any of the applications
from any affected person by
the thirtieth
day after
the
director mails the last notice of completeness.
The The director's grant of a certificate of need under
division
(C)(1) or (2) of
this section does not affect, and sets
no
precedent for, the director's
decision to grant or deny other
applications for similar reviewable activities
proposed to be
conducted in the same or different health service areas.
(3) If the director receives written
objections to an
application from any affected person
by the thirtieth day after
mailing the notice of
completeness,
regardless of the health
service agency's
recommendation, the director
shall notify
the
applicant and assign
a hearing examiner to conduct an
adjudication hearing
concerning
the application in accordance
with
Chapter 119. of the
Revised
Code. In the case of
applications under comparative
review, if the
director receives
written
objections to any of
the applications
from any affected
person by the thirtieth day after the
director mails the last
notice of
completeness, regardless of the health service agencies'
recommendation, the
director shall
notify all of the applicants
and appoint a hearing examiner to conduct a
consolidated
adjudication hearing concerning the applications in accordance
with Chapter 119. of the
Revised Code. The hearing examiner shall
be employed by or
under contract with the
department of health.
The adjudication hearings may be conducted in the
health
service area in which the reviewable activity is proposed to be
conducted. Consolidated
adjudication hearings for applications in
comparative review may be conducted in the geographic region in
which all of
the reviewable activities will be conducted. The
applicant, the director, and
the affected persons that filed
objections to the application shall be parties
to the hearing. If
none of the affected persons that submitted written
objections to
the
application appears or prosecutes the hearing, the hearing
examiner shall dismiss the hearing and the director shall grant
a
certificate of need for the entire project that is the subject
of
the application if the proposed project meets all of the
applicable certificate of need criteria for approval under
sections 3702.51 to 3702.62 of the Revised Code and the rules
adopted under those sections. The affected persons bear the burden
of
proving by a preponderance of evidence that the project is not
needed or that granting the certificate would not be in
accordance
with sections 3702.51 to 3702.62 of the
Revised Code or the rules
adopted under those sections.
(4) Except as provided in divisions division
(C)(1) and
(2)(5) of this
section,
the director shall grant or deny
certificate of need
applications for which an adjudication hearing
is not conducted
under division (C)(3) of this
section not later
than sixty
days
after mailing the notice of
completeness or, in
the case of
an
application proposing
addition of long-term care
beds, not
later
than sixty days
after such other time as is
specified
in rules
adopted under
section 3702.57 of the Revised
Code. The Except as provided in division (C)(5) of this section,
the
director
shall grant or deny certificate of
need
applications for
which an
adjudication hearing is conducted under
division
(C)(3)
of this
section not later than thirty
days after
the expiration of
the
time for filing objections to the report
and
recommendation of
the hearing examiner under section 119.09
of the Revised
Code. The
director shall base decisions concerning
applications
for which an
adjudication hearing is conducted under
division
(C)(3) of this
section on the
report and recommendations
of the hearing examiner.
(5) Except as otherwise provided in division
(C)(1), (2), or
(6) of this section, the
director or
the applicant
may extend the
deadline prescribed in division
(C)(4) of this section
once, for
no longer than thirty days, by written notice before
the end of
the original thirty-day period deadline prescribed by division
(C)(4) of this section. An extension by the director
under
division (C)(5) of this section shall apply
to all applications
that are in
comparative review.
(6) No applicant in a comparative review may extend the
deadline specified in
division (C)(4) of this section.
(7) Except as provided in divisions
(C)(1) and (2) of this
section, the director may grant a
certificate of need for all or
part of the project that is the
subject of an application. If the
director does not grant or
deny the certificate by the applicable
deadline specified in division (C)(4) of this
section or any
extension of it under division (C)(5) of this
section, the
certificate shall be
considered to have been granted.
(8) In granting a certificate of need, the director shall
specify as the maximum capital expenditure the certificate holder
may obligate under the certificate a figure equal to one hundred
ten per cent of the approved project cost.
(9) In granting a certificate of need, the director may
grant the certificate with conditions that must be met by the
holder of the certificate.
(D) The director shall monitor the activities of
persons
granted certificates of need concerning long-term care beds during
the
period beginning with the
granting of the certificate of need
and ending five years after implementation
of the activity for
which the certificate was granted.
In the case of any other certificate of need, the director
shall monitor
the activities of persons granted certificates of
need during
the period
beginning with the granting of the
certificate of need and ending when the
activity for which the
certificate was
granted ceases to be a reviewable activity in
accordance with section
3702.511 of the Revised Code.
(E) When reviewing
applications for certificates of need
or
monitoring activities of persons
granted certificates of need,
the director may issue and enforce, in the
manner
provided in
section 119.09 of the Revised Code, subpoenas duces tecum to
compel the
production of documents relevant to review of the
application
or monitoring of the activities. In addition, the
director or
the director's
designee, which may include a health
service agency, may visit the sites where
the activities are or
will be conducted.
(F) The director may withdraw certificates of need.
(G) The director shall conduct, on a regular basis, health
system data collection and analysis activities and prepare
reports. The director shall make recommendations based upon
these
activities to the public health council concerning the
adoption of
appropriate rules under section 3702.57 of the
Revised Code. All
health care facilities and other health care
providers shall
submit to the director, upon request, any
information that is
necessary to conduct reviews of certificate
of need applications
and to develop recommendations for criteria
for reviews, and that
is prescribed by rules adopted under
division (H) of section
3702.57 of the Revised Code.
(H) Any decision to grant or deny a certificate of need
shall
consider the special needs and circumstances resulting from
moral
and ethical values and the free exercise of religious
rights
of
health care facilities administered by religious
organizations,
and the special needs and circumstances of
children's hospitals,
inner city hospitals, and small rural hospitals communities.
Sec. 3702.524. (A) Except as provided
in division (B) or (C)
of this section, a certificate
of need granted on or after
April
20, 1995, is not
transferable prior to the completion of the
reviewable activity for which it
was granted. If any person
holding a certificate of need issued on or after
that date
transfers the certificate of need
to another person before the
reviewable activity is completed, or enters into
an agreement that
contemplates the transfer of the certificate of need on the
completion of the reviewable activity, the certificate of need is
void. If
the
controlling interest in an entity that holds a
certificate of need issued on
or after that date is
transferred
prior to the completion of the reviewable activity, the
certificate
of need is void.
(B) Division (A) of this section does not prohibit the
transfer of a certificate of need issued on or after April 20,
1995, between affiliated or
related
persons, as defined in rules
adopted under section 3702.57 of the
Revised Code,
if the transfer
does not result in a change in the person that holds the
ultimate
controlling interest, as defined in the rules, in the certificate
of
need.
The transfer of a health care facility after the completion
of a
reviewable activity for which a certificate of need was
issued on or after
April 20,
1995, is not a
transfer of the
certificate of need, unless the facility is transferred
pursuant
to an agreement entered into prior to the
completion of the
reviewable activity.
(C) Division (A) of this section does not
apply to a transfer
of a certificate of need that meets all of
the following
conditions:
(1) The certificate of need is transferred for no more
than
the amount of money the person transferring the certificate
expended for reasonable and necessary expenses incurred in
applying for and
obtaining the certificate;
(2) The person holding the certificate of need is unable to
complete the
reviewable activity for which it was issued due to
circumstances beyond the
person's control, including zoning
restrictions, natural disasters, or
comparable events;
(3) The director, after reviewing documentation supplied by
the person
transferring the certificate of need, certifies in
writing prior to the
transfer that the transfer meets the
conditions specified in divisions (C)(1)
and (2) of this section.
If the person that acquires a certificate of need under
this
division intends to implement the project other than in
substantial compliance with the approved application for the
certificate, that change is a reviewable activity for which the
person must obtain another certificate of need.
Sec. 3702.525. (A) Not later than twenty-four
months after
the date the director of health mails the notice
that the
certificate of need has been granted or, if the grant or
denial of
the certificate of need is appealed under section
3702.60 of the
Revised Code, not later than
twenty-four months after issuance of
an order granting the
certificate that is not subject to further
appeal, each person
holding a certificate of need granted on or
after April 20,
1995, shall:
(1) If the project for which the certificate of need
was
granted primarily involves construction and is to be financed
primarily through external borrowing of funds, secure financial
commitment for the stated purpose of developing the project and
commence construction that continues uninterrupted except for
interruptions or delays that are unavoidable due to reasons
beyond
the person's control, including labor strikes, natural
disasters,
material shortages, or comparable events;
(2) If the project for which the certificate of need
was
granted primarily involves construction and is to be financed
primarily internally, receive formal approval from the holder's
board of directors or trustees or other governing authority to
commit specified funds for implementation of the project and
commence construction that continues uninterrupted except for
interruptions or delays that are unavoidable due to reasons
beyond
the person's control, including labor strikes, natural
disasters,
material shortages, or comparable events;
(3) If the project for which the certificate of need
was
granted primarily involves acquisition of medical equipment,
enter
into a contract to purchase or lease the equipment and to
accept
the equipment at the site for which the certificate was
granted;
(4) If the project for which the certificate of need
was
granted involves no capital expenditure or only minor
renovations
to existing structures, provide the health service or
activity by
the means specified in the approved application for
the
certificate;
(5) If the project for which the certificate of need
was
granted primarily involves leasing a building or space that
requires only minor renovations to the existing space, execute a
lease and provide the health service or activity by the means
specified in the approved application for the certificate;
(6) If the project for which the certificate of need
was
granted primarily involves leasing a building or space that
has
not been constructed or requires substantial renovations to
existing space, commence construction for the purpose of
implementing the reviewable activity that continues uninterrupted
except for interruptions or delays that are unavoidable due to
reasons beyond the person's control, including labor strikes,
natural disasters, material shortages, or comparable events.
(B) The twenty-four-month period specified in
division (A) of
this section shall not be extended by any
means, including the
transfer of a certificate of need under division
(C) of section
3702.524 of the Revised Code or granting of a subsequent or
replacement certificate of
need. Each person holding a certificate
of need granted on or
after April 20, 1995, shall provide the
director of health documentation of compliance with that division
not later than the earlier of thirty days after complying with
that division or five days after the twenty-four-month period
expires. Not later than the earlier of fifteen days after
receiving the
documentation or fifteen days after the
twenty-four-month period expires, the director shall send by
certified mail a notice to the holder of the certificate of need
specifying whether the holder has complied with division
(A) of
this section.
(C) Notwithstanding division (B) of this section, the
twenty-four-month period specified in division (A) of this section
shall be extended for an additional twenty-four months for any
certificate of need granted for the purchase and relocation of
licensed nursing home beds on February 26, 1999.
(D) A certificate of need granted on or after
April 20,
1995,
expires, regardless of whether
the director sends a notice under
division (B) of this
section, if the holder fails to comply with
division (A) or
(C) of this section or to provide information
under division
(B) of this section as necessary for the director
to
determine compliance.
Sec. 3702.53. (A) No person shall carry out any reviewable
activity unless a certificate of need for such activity has been
granted under sections 3702.51 to 3702.62 of the Revised Code
or
the person is exempted by division (T)(S) of
section 3702.51 or
section 3702.527, 3702.528, 3702.529, 3702.5210,
or 3702.62 of the
Revised Code from the requirement that a
certificate of need be
obtained. No person
shall carry out any reviewable activity if a
certificate of need
authorizing that activity has been withdrawn
by the director of
health under section 3702.52 or 3702.526 of the
Revised
Code. No person shall carry out a reviewable activity if
the
certificate of need authorizing that activity is void pursuant
to
section 3702.524 of the Revised Code or has expired pursuant to
section
3702.525 of the Revised Code.
(B) No person shall separate portions of any proposal for
any
reviewable activity to evade the requirements of sections 3702.51
to
3702.62 of the Revised Code.
(C) No person granted a certificate of need shall carry out
the reviewable
activity authorized by the certificate of need
other than in substantial
accordance with the approved application
for the certificate of need.
Sec. 3702.532. When the director of health determines that a
person has
violated section 3702.53 of the Revised Code, the
director shall
send a notice to the
person by certified mail,
return receipt requested, specifying the activity
constituting the
violation and the penalties imposed under section 3702.54, or
3702.541, or 3702.542 of the
Revised Code.
Sec. 3702.54. Except as provided in sections section
3702.541
and 3702.542 and former section 3702.543 of the Revised
Code, divisions
(A) and (B) of this section apply when the
director of health determines that a person has violated section
3702.53 of
the Revised Code.
(A) The director shall impose a civil penalty
on the person
in an amount equal to the greatest of the following:
(1) Three thousand dollars;
(2) Five per cent of the operating cost of the activity that
constitutes
the violation during the period of time it was
conducted in violation of
section 3702.53 of the Revised Code;
(3) Two If a certificate of need was granted, two per cent of
the total approved capital cost associated with implementation
of
the activity for which the certificate of need was granted.
In no event, however, shall the penalty exceed two hundred
fifty thousand
dollars.
(B)(1) Notwithstanding section 3702.52 of the
Revised Code,
the director shall refuse to accept
for review any application for
a certificate of need filed by or
on behalf of the person, or any
successor to the person or entity related to
the person, for a
period of not less than one year and not more than
three years
after the director mails the notice of
the director's
determination under section 3702.532 of the Revised Code
or, if
the determination is appealed under section 3702.60
of the
Revised
Code, the issuance of the order upholding
the determination that
is not subject to further appeal. In
determining the length of
time during which
applications will not be accepted, the director
may consider any of the
following:
(a) The nature and magnitude of the violation;
(b) The ability of the person to have averted
the violation;
(c) Whether the person disclosed the violation
to the
director before the director commenced his investigation;
(d) The person's history of compliance with
sections 3702.51
to 3702.62 and the rules adopted under section
3702.57 of the
Revised Code;
(e) Any community hardship that may result from
refusing to
accept future applications from the person.
(2) Notwithstanding the one-year minimum imposed by
division
(B)(1) of this section, the director may
establish a period of
less than one year during which the
director will refuse to accept
certificate of need applications if, after
reviewing all
information available to the director,
the director determines and
expressly indicates in the notice
mailed under section 3702.532 of
the Revised Code that refusing to accept
applications for a longer
period would result in hardship to the
community in which the
person provides health services. The
director's finding of
community hardship shall not affect the
granting or denial of any
future certificate of need application
filed by the person.
Sec. 3702.544. Each person required by section
3702.54, or
3702.541, or 3702.542, or former section 3702.543 of the Revised
Code to pay a civil penalty shall do so not later than sixty days
after receiving the notice
mailed under section 3702.532 of the
Revised Code
or, if the person appeals under section 3702.60 of
the
Revised Code the director of health's
determination that a
violation has occurred, not later than sixty
days after the
issuance of an order upholding the director's
determination that
is not subject to further appeal. The civil penalties
shall be
paid to the director. The director shall deposit them into the
certificate of need fund created by section 3702.52 of the Revised
Code.
Sec. 3702.55. Except as provided in section 3702.542 of the
Revised Code, a A
person that the director of health determines
has
violated section 3702.53 of
the Revised Code shall cease
conducting the activity that constitutes the
violation or
utilizing the equipment or facility resulting from the violation
not later than thirty days after the person receives the notice
mailed under
section 3702.532 of the Revised Code
or, if the
person appeals the director's determination under
section 3702.60
of the Revised Code, thirty days
after the person receives an
order upholding the director's
determination that is not subject
to further appeal. A person
that applies for a certificate of
need
as described in section
3702.542 of the Revised Code shall
cease
conducting the activity or using the equipment or facility
in
accordance with the timetable established by the director of
health under that section.
If any person determined to have violated section 3702.53 of
the Revised Code
fails to cease conducting an activity or using
equipment or a facility as
required by this section or a timetable
established
under section 3702.542 of the Revised Code, or if
the
person continues to seek payment or reimbursement for
services
rendered or costs incurred in conducting the activity as
prohibited by section 3702.56 of the Revised Code, in
addition to
the
penalties imposed under section 3702.54, or 3702.541, or
3702.542
or former section 3702.543 of
the Revised Code:
(A) The director of health may refuse to
include any beds
involved in the activity in the bed capacity of
a hospital for
purposes of registration under section 3701.07 of
the Revised
Code;
(B) The director of health may refuse to
license, or may
revoke a license or reduce bed capacity
previously granted to, a
hospice care program under section 3712.04
of the
Revised Code; a
nursing home, rest home, or home
for the
aging under section
3721.02 of the Revised
Code; or any beds
within any of those
facilities that are
involved in the activity;
(C) A political subdivision certified under
section 3721.09
of the Revised Code may refuse to
license, or may revoke a license
or reduce bed capacity
previously granted to, a nursing home, rest
home, or home for the
aging, or any beds within any of those
facilities that are
involved in the activity;
(D) The director of mental health may refuse to
license
under
section 5119.20 of the Revised
Code, or may revoke a license
or
reduce bed capacity
previously granted to, a hospital receiving
mentally ill persons
or beds within such a hospital that are
involved in the activity;
(E) The department of job and family services may refuse
to
enter into a provider agreement that includes a facility,
beds, or
services that result from the activity.
Sec. 3702.57. (A) The public health council shall adopt
rules establishing procedures and criteria for reviews of
applications for certificates of need and issuance, denial, or
withdrawal of certificates.
(1) The rules shall require
that, in addition to any other
applicable review
requirements of sections 3702.51 to 3702.62 of
the Revised Code
and rules adopted thereunder, any application for
a certificate
of need from an osteopathic hospital be reviewed on
the basis of
the need for and the availability in the community of
services
and hospitals for osteopathic physicians and their
patients, and
in terms of its impact on existing and proposed
institutional
training programs for doctors of osteopathy and
doctors of
medicine at the student, internship, and residency
training
levels.
(2) In adopting rules that establish criteria for reviews
of
applications of certificates of need, the council shall
consider
the availability of and need for long-term care beds to
provide
care and treatment to persons diagnosed as having
traumatic brain
injuries and shall prescribe criteria for
reviewing applications
that propose to add long-term care beds to
provide care and
treatment to persons diagnosed as having
traumatic brain injuries.
(3)(2) The criteria for reviews of applications for
certificates
of need shall relate to the need for the reviewable
activity and
shall pertain to all of the following matters:
(a) The impact of the reviewable activity on the cost and
quality of health services in the relevant geographic area,
including, but not limited, to the historical and projected
utilization of the services to which the application pertains and
the effect of the reviewable activity on utilization of other
providers of similar services;
(b) The quality of the services to be provided as the
result
of the activity, as evidenced by the historical
performance of the
persons that will be involved in
providing the
services and by the
provisions that are proposed in the
application to ensure quality,
including but not limited to
adequate available personnel,
available ancillary and support
services, available equipment,
size and configuration of physical
plant, and relations with other
providers;
(c) The impact of the reviewable activity on the
availability
and accessibility of the type of services proposed
in the
application to the population of the relevant geographic
area, and
the level of access to the services proposed in the
application
that will be provided to medically underserved
individuals such as
recipients of public assistance and
individuals who have no health
insurance or whose health
insurance is insufficient;
(d) The activity's short- and long-term financial feasibility
and
cost-effectiveness, the impact of the activity on the
applicant's costs
and charges, and a comparison of the applicant's
costs and charges with those
of providers of similar services in
the applicant's proposed service area;
(e) The advantages, disadvantages, and costs of
alternatives
to the reviewable activity;
(f) The impact of the activity on all other
providers of
similar services in the health service area or other
relevant
geographic area, including the impact on their
utilization, market
share, and financial status;
(g) The historical performance of the applicant
and related
or affiliated parties in complying with previously
granted
certificates of need and any applicable certification,
accreditation, or licensure requirements;
(h) The relationship of the activity to the
current edition
of the state health resources plan issued under
section 3702.521
of the Revised Code;
(i) The historical performance of the applicant
and related
or affiliated parties in providing cost-effective
health care
services;
(j) The special needs and circumstances of the
applicant or
population proposed to be served by the proposed
project,
including research activities, prevalence of particular
diseases,
unusual demographic characteristics, cost-effective
contractual
affiliations, and other special circumstances;
(k) The appropriateness of the zoning status of
the proposed
site of the activity;
(l) The participation by the applicant in
research conducted
by the United States food and
drug administration or clinical
trials sponsored by the national
institutes of health.
(4)(3) The criteria for reviews of applications shall include
a formula for determining each county's long-term care bed need
for purposes of section 3702.593 of the Revised Code and may
include other
formulas for determining need
for beds and
services.
(a) The criteria prescribing formulas shall not, either by
themselves or in conjunction with any established occupancy
guidelines, require, as a condition of being granted a
certificate
of need, that a hospital reduce its complement of
registered beds
or discontinue any service that is not related to
the service or
project for which the certificate of need is
sought.
(b) With respect to applications to conduct reviewable
activities that are affected directly by the inpatient occupancy
of a health care facility, including addition, relocation, or
recategorization of beds or renovation or other construction
activities relating to inpatient services, the rules shall
prescribe criteria for determining whether the scope of the
proposed project is appropriate in light of the historical and
reasonably projected occupancy rates for the beds related to the
project.
(c) Any rules prescribing criteria that establish ratios of
beds,
services,
or equipment to population shall specify the bases
for
establishing the ratios or mitigating factors or exceptions to
the ratios.
(B) The council shall adopt rules specifying all of the
following:
(1) Information that must be provided in
applications for
certificates of need, which shall include a plan for
obligating
the capital
expenditure or implementing the proposed project on a
timely
basis in accordance with section 3702.525
of the Revised
Code;
(2) Procedures for reviewing
applications for
completeness of
information;
(3) Criteria for
determining that the application is
complete.
(C) The council shall adopt rules specifying requirements
that holders of certificates of need must meet in order for the
certificates to remain valid and establishing definitions and
requirements for obligation of capital expenditures and
implementation of projects authorized by certificates of need.
(D) The council shall adopt rules establishing criteria
and
procedures under which the director of health may withdraw a
certificate of need if the holder fails to meet requirements for
continued validity of the certificate.
(E) The council shall adopt rules establishing procedures
under which the department of health shall monitor project
implementation
activities of holders of certificates of need. The
rules
adopted under this division also may establish
procedures
for monitoring implementation activities of
persons that have
received
nonreviewability
rulings.
(F) The council shall adopt rules establishing procedures
under which the director of health shall review certificates of
need whose holders exceed or appear likely to exceed
an
expenditure maximum specified in a certificate.
(G) The council shall adopt rules establishing certificate
of
need application fees sufficient to pay the costs incurred by
the
department for administering sections 3702.51
to 3702.62 of the
Revised Code and to pay health service agencies
for the functions
they perform under division (D)(5) of
section
3702.58 of the
Revised Code. Unless rules are adopted
under this division
establishing different application fees, the
application fee for a
project not involving a capital expenditure
shall be three
thousand dollars and the application fee for a
project involving a
capital expenditure shall be nine-tenths of
one per cent of the
capital expenditure proposed subject to a
minimum of three
thousand dollars and a maximum of twenty
thousand dollars.
(H) The council shall adopt rules specifying information
that
is necessary to conduct reviews of certificate of need
applications and to develop recommendations for criteria for
reviews that health care facilities and other health care
providers are to submit to the director under division
(G) of
section 3702.52 of the Revised Code.
(I) The council shall adopt rules
defining "affiliated
person," "related person," and "ultimate controlling
interest" for
purposes of section 3702.524 of the
Revised Code.
(J) The council shall adopt rules
prescribing requirements
for holders of certificates of need to demonstrate to
the director
under section 3702.526 of the
Revised Code
that reasonable
progress is being made toward completion of the reviewable
activity and establishing standards by which the director shall
determine
whether reasonable progress is being made.
(K) The council shall adopt rules defining high-risk cardiac
catheterization patients. High-risk
patients shall include
patients with significant
ischemic syndromes or unstable
myocardial infarction, patients
who need intervention such as
angioplasty or bypass surgery,
patients who may require difficult
or complex catheterization
procedures such as transeptal
assessment of valvular
dysfunction, patients with critical aortic
stenosis or
congestive heart failure, and other patients specified
by the
council.
(L) The public health council shall adopt
all rules under
divisions (A) to (K)(J) of this section in accordance with
Chapter
119. of the Revised Code. The council may adopt other
rules as
necessary to carry out the purposes of sections 3702.51
to 3702.62
of the Revised Code.
Sec. 3702.59. (A) Notwithstanding any conflicting
provision
of sections 3702.51 to
3702.62 of the Revised Code,
other than
the provisions of sections 3702.5210, 3702.5211,
3702.5212, and
3702.5213 of the Revised Code, both of the
following apply under
the certificate of need program:
(1) Divisions (B) to (E) of this section apply to the
review
of
certificate of need applications during the period
beginning
July
1, 1993, and ending
June 30,
2009.
(2)
Beginning July 1, 2009, the director of health
shall not
accept
for
review under section 3702.52 of the Revised
Code any
application for a
certificate of need to recategorize
hospital
beds as described in section
3702.522 of the Revised
Code.
(B)(1) Except as provided in division (B)(2) of this
section,
the director of health shall neither grant nor deny any
application for a certificate of need submitted prior to July 1,
1993, if the
application was for any of
the following and the
director had not issued a written decision
concerning the
application prior to that date:
(a) Approval of beds in a new health care facility or an
increase of beds in an existing health care facility, if the beds
are proposed to be licensed as nursing home beds under Chapter
3721. of the Revised Code;
(b) Approval of beds in a new county home or new county
nursing home as defined in section 5155.31 of the Revised Code,
or
an increase of beds in an existing county home or existing
county
nursing home, if the beds are proposed to be certified as
skilled
nursing facility beds under Title XVIII or nursing
facility beds
under Title XIX of the
"Social Security Act," 49
Stat. 620 (1935),
42 U.S.C.A. 301, as amended;
(c) Recategorization of hospital beds as described in
section
3702.522 of the Revised Code, an
increase of hospital beds
registered pursuant to section 3701.07
of the Revised Code as
long-term care beds or skilled nursing
facility beds, or a
recategorization of hospital beds that would
result in an increase
of beds registered pursuant to that section
as long-term care beds
or skilled nursing facility beds.
On July 1, 1993, the director shall
return each such
application to the applicant and,
notwithstanding section 3702.52
of the Revised Code regarding the
uses of the certificate of need
fund, shall refund to the
applicant the application fee paid under
that section.
Applications returned under division (B)(1) of this
section may
be resubmitted in accordance with section 3702.52 of
the Revised
Code no sooner than
July 1,
2009.
(2) The director shall continue to review and shall issue
a
decision regarding any application submitted prior to July 1,
1993, to
increase beds for either of the
purposes described in
division (B)(1)(a) or (b) of this section
if the proposed increase
in beds is attributable solely to a
replacement or relocation of
existing beds within the same
county. The director shall
authorize
under such an application
no additional beds beyond
those being
replaced or relocated.
(C)(1) Except as provided in division (C)(2) of this
section,
the director, during the period beginning July 1, 1993,
and ending
June 30,
2009, shall not accept for
review under
section
3702.52
of the Revised Code any application
for a
certificate of
need for
any of the purposes described in
divisions
(B)(1)(a) to
(c) of
this section.
(2)(a) The director of health shall accept for review any
application
for
either of the purposes described in division
(B)(1)(a) or (b)
of
this section if
the proposed increase in beds
is
attributable
solely to a replacement or relocation of existing
beds from an
existing health care facility within the
same
county.
The director
shall authorize under
such an
application no
additional beds
beyond those being replaced or
relocated
certificate of need applications as provided in sections 3702.592
and 3702.593 of the Revised Code.
(B) The director shall not approve an application for a
certificate of need for addition of long-term care beds to an
existing health care facility by relocation of beds or for the
development of a new health care facility by relocation of beds
unless all of the following conditions are met:
(i)(1) The existing health care facility to in which the beds
are
being relocated placed has no waivers for life safety code
deficiencies,
no state fire code violations, and no state
building
code
violations, or the project identified in the
application
proposes
to correct all life safety code
deficiencies for which a
waiver
has been granted, all state fire
code violations, and all
state
building code violations at the
existing health care
facility to in
which the beds are being
relocated placed;
(ii)(2) During the sixty-month period preceding the filing of
the application, no notice of proposed revocation of the
facility's license was issued under section 3721.03 of the Revised
Code to the operator of the existing facility to in which the beds
are being relocated placed or to any health care facility owned or
operated by the applicant or any principal participant in the same
corporation or other business;
(iii)(3) Neither the existing health care facility to in
which the
beds are being relocated placed nor any health care
facility owned or
operated by the applicant or any principal
participant in the same
corporation or other business has had a
long-standing pattern of
violations of this chapter or Chapter
3721. of the Revised Code or deficiencies that caused one or more
residents physical, emotional, mental, or psychosocial harm.
(b)(C) The director also shall accept for review any
application
for the conversion of infirmary
beds to long-term
care beds if the
infirmary
meets all of the following conditions:
(i)(1) Is
operated exclusively by a
religious order;
(ii)(2) Provides care exclusively to
members of religious
orders
who take vows of celibacy and live by virtue of
their vows
within
the orders as if related;
(iii)(3) Was providing care
exclusively
to members of such a
religious order on January 1,
1994.
(D) The director shall issue a decision regarding any case
remanded by
a
court as the result of a decision issued by the
director prior to
July 1, 1993, to grant, deny, or withdraw a
certificate of need for any of the purposes described in
divisions
(B)(1)(a) to (c) of this section.
(E) The director shall not project the need for beds
listed
in division (B)(1) of this section for the period
beginning July
1, 1993, and ending
June 30,
2009 At no time shall individuals
other than those described in division (C)(2) of this section be
admitted to a facility to use beds for which a certificate of need
is approved under this division.
Sec. 3702.592. (A) The director of health shall accept, for
review under section 3702.52 of the Revised Code, certificate of
need applications for any of the following purposes if the
proposed increase in beds is attributable solely to a replacement
or relocation of existing beds from an existing health care
facility within the same county:
(1) Approval of beds in a new health care facility or an
increase of beds in an existing health care facility if the beds
are proposed to be licensed as nursing home beds under Chapter
3721. of the Revised Code;
(2) Approval of beds in a new county home or new county
nursing home, or an increase of beds in an existing county home or
existing county nursing home if the beds are proposed to be
certified as skilled nursing facility beds under the medicare
program, Title XVIII of the "Social Security Act," 49 Stat. 286
(1965), 42 U.S.C. 1395, as amended, or nursing facility beds under
the medicaid program, Title XIX of the "Social Security Act," 49
Stat. 286 (1965), 42
U.S.C. 1396, as amended;
(3) An increase of hospital beds registered pursuant to
section 3701.07 of the Revised Code as long-term care beds;
(4) An increase of hospital beds registered pursuant to
section 3701.07 of the Revised Code as special skilled nursing
beds that were originally authorized by and operate in accordance
with section 3702.522 of the Revised Code.
(B) The director shall accept applications described in
division (A) of this section at any time.
Sec. 3702.593. (A) At the times specified in this section,
the
director of health shall accept, for review under section
3702.52
of the Revised Code, certificate of need applications for
any of
the following purposes if the proposed increase in beds is
attributable solely to relocation of existing beds from an
existing health care facility in a county with excess beds to a
health care facility in a county in which there are fewer
long-term care beds than the county's bed need:
(1) Approval of beds in a new health care facility or an
increase of beds in an existing health care facility if the beds
are proposed to be licensed as nursing home beds under Chapter
3721. of the Revised Code;
(2) Approval of beds in a new county home or new county
nursing home, or an increase of beds in an existing county home or
existing county nursing home if the beds are proposed to be
certified as skilled nursing facility beds under the medicare
program, Title XVIII of the "Social Security Act," 49 Stat. 286
(1965), 42 U.S.C. 1395, as amended, or nursing facility beds under
the medicaid program, Title XIX of the "Social Security Act," 49
Stat. 286 (1965), 42
U.S.C. 1396, as amended;
(3) An increase of hospital beds registered pursuant to
section 3701.07 of the Revised Code as long-term care beds.
(B) For the purpose of implementing this section, the
director shall do all of the following:
(1) Determine the long-term care bed supply for each county,
which shall consist of all of the following:
(a) Nursing home beds licensed under Chapter 3721. of the
Revised Code;
(b) Beds certified as skilled nursing facility beds under the
medicare program or nursing facility beds under the medicaid
program;
(c) Beds in a county home or county nursing home that are
certified under section 5155.38 of the Revised Code as having been
in operation on July 1, 1993, and are eligible for licensure as
nursing home beds;
(d) Beds held as approved long-term care beds under a
certificate of need approved by the director.
(2) Determine the long-term care bed occupancy rate for the
state at the time the determination is made;
(3) Not later than April 1, 2010, and every four years
thereafter, for each county determine, using the formula developed
in rules adopted under section 3702.57 of the Revised Code, and
publish on the department of health's web site, the county's bed
need by identifying the number of long-term beds that would be
needed in the county for the statewide occupancy rate for a
projected population aged sixty-five and older to be ninety-five
per cent.
(C) The director's consideration of a certificate of need
that would increase the number of beds in a county shall be
consistent with the county's bed need determined under division
(B) of this section except as follows:
(1) If a county's occupancy rate is less than eighty-five per
cent, the county shall be considered to have no need for
additional beds.
(2) Even if a county is determined not to need any additional
long-term care beds, the director may approve an increase in beds
equal to up to ten per cent of the county's bed supply if the
county's occupancy rate is greater than ninety-five per cent.
(D) Applications made under this section shall be subject to
comparative review. The period for each comparative review process
shall be four years with the first period beginning July 1, 2010,
and ending June 30, 2014.
Certificate of need applications shall be accepted and
reviewed from the first day of the period through the thirty-first
day of March of the following year, which shall be the initial
phase of the review period. If the director determines that there
will be acceptance and review of additional certificate of need
applications, the second phase of the review period shall begin on
the first day of July of the second year of the review period. The
second phase shall be limited to acceptance and review of
applications for redistribution of beds made available pursuant to
division (G)(2) of this section. During the period between the
first and second phases of the review period, the director shall
act in accordance with division (H) of this section.
(E) The director shall consider certificate of need
applications in accordance with all of the following:
(1) The number of beds approved for a county shall include
only beds available for relocation from another county and shall
not exceed the bed need of the receiving county;
(2) The director shall consider the existence of community
resources serving persons who are age sixty-five or older or
disabled that are demonstrably effective in providing alternatives
to long-term care facility placement.
(3) The director shall approve relocation of beds from a
county only if, after the relocation, the number of beds remaining
in the county will exceed the county's bed need by at least one
hundred beds;
(4) The director shall approve relocation of beds from a
health care facility only if, after the relocation, the number of
beds within a fifteen mile radius of the facility is at least
equal to the state bed need rate.
(F) In determining which applicants should receive preference
in the comparative review process the director shall consider all
of the following:
(1) Whether the beds will be part of a continuing
care
retirement community;
(2) Whether the beds will serve an underserved
population,
such as low-income individuals, individuals with
disabilities, or
individuals who are members of racial or ethnic
minority groups;
(3) Whether the project in which the beds will be
included
will provide alternatives to institutional care, such as
adult
day-care, home health care, respite or hospice care, mobile
meals, residential care, independent living, or congregate living
services;
(4) Whether the health care facility's owner or operator will
participate in medicaid waiver programs for alternatives to
institutional care;
(5) Whether the project in which the beds will be
included
will reduce alternatives to institutional care by
converting
residential care beds or other alternative care beds to
long-term
care beds;
(6) Whether the facility in which the beds will be placed
has positive resident and family satisfaction surveys;
(7) Whether the facility in which the beds will be placed
has fewer than fifty long-term care beds;
(8) Whether the health care facility in which the beds will
be placed is located within the service area of a hospital and is
designed to accept patients for rehabilitation after an in-patient
hospital stay;
(9) Whether the health care facility in which the beds will
be placed is or proposes to become a nurse aide training and
testing site;
(10) The rating, under the centers for medicare and medicaid
services' five star nursing home quality rating system, of the
health care facility in which the beds will be placed.
(G)(1) When a certificate of need application is approved
during the initial phase of a review period, on completion of the
project under which the beds are relocated, that number of beds
shall cease to be operated in the health care facility from which
they were relocated and, if the licensure or certification of
those beds cannot be or is not transferred to the facility to
which the beds are relocated, the licensure or certification shall
be surrendered.
(2) In addition to the actions required by division (G)(1) of
this section, the health care facility from which the beds were
relocated shall reduce the number of beds operated in the facility
by
a number of beds equal to at least ten per cent of the number
of
beds
relocated and shall surrender the licensure or
certification
of
those beds. This reduction shall be made not
later than the completion date of the project for which the beds
were relocated.
(H)(1) Once approval of certificate of need applications in
the first phase of a review period is complete, the director shall
make a new determination of the bed need for each county by
reducing the county's bed need by the number of beds approved for
relocation to the county. The new bed-need determination shall be
made not later than the first day of April of the second year of
the review period.
(2) The director may publish on the department's web site the
remaining bed need for counties that will be considered for
redistribution of beds that, in accordance with division (G)(2) of
this section, have ceased or will cease to be operated. The
director shall base the determination of whether to include a
county on all of the following:
(a) The statewide number of beds that, in accordance with
division (G)(2) of this section, have ceased or will cease to be
operated;
(b) The county's remaining bed need;
(c) The county's bed occupancy rate.
(I) If the director publishes the remaining bed need for a
county under division (H)(2) of this section, the director may,
beginning on the first day of the second phase of the review
period, accept certificate of need applications for redistribution
to
health care facilities in that county of beds that have ceased
or
will cease operation in accordance with division (G)(2) of
this
section. The total number of beds approved for
redistribution in the
second phase of a review period shall not
exceed the number that
have ceased or will cease operation in
accordance with division
(G)(2) of this section. Beds that are
not approved for redistribution
during the second phase of a
review period shall not be available
for redistribution at any
future time.
Sec. 3702.60. (A) Any affected person may appeal a
reviewability ruling
issued on or after April
20, 1995, to the
director of health in accordance with Chapter 119.
of the Revised
Code, and the director shall provide an adjudication hearing in
accordance with that chapter. An affected person may appeal the
director's
ruling in the adjudication hearing to the tenth
district court of appeals.
(B) The certificate of need applicant or another affected
person may appeal to the director in accordance with
Chapter 119.
of the Revised Code a decision issued by the director on or after
April 20, 1995, to grant or deny a certificate of need application
for
which an adjudication hearing was not conducted under section
3702.52 of the Revised
Code, and the director shall
provide an
adjudication hearing in accordance with that chapter.
The
certificate of need applicant or an affected person that
was a
party to and participated in an adjudication hearing conducted
under
this division or section 3702.52 of the Revised Code may
appeal to the
tenth
district court of appeals the decision issued
by the director following the
adjudication hearing. No person may
appeal to the director or a court
the director's granting
of a
certificate of need prior to
June 30, 1995,
under the version of
section 3702.52 of the Revised Code in effect immediately
prior to
that
date due to failure to submit timely written objections, no
person may appeal to the director or a court the director's
granting of a
certificate of need under division (C)(1) or (2) of
section 3702.52
of the Revised Code.
(C) The certificate of need holder may appeal to
the director
in accordance with Chapter 119. of the Revised
Code a decision
issued by the director under section 3702.52 or
3702.526 of the
Revised Code on or after April 20, 1995, to
withdraw a certificate
of
need, and
the director shall provide an adjudication hearing in
accordance with that
chapter. The person may appeal the director's
ruling in the adjudication
hearing to the tenth district court of
appeals.
(D) Any person determined by the
director to have violated
section 3702.53 of the
Revised Code
may appeal that determination,
or the penalties imposed under section 3702.54, or
3702.541, or
3702.542 or former section 3702.543 of the Revised
Code, to the
director in accordance with
Chapter 119. of the
Revised Code,
and
the director shall provide an adjudication hearing in accordance
with that
chapter. The person may appeal the director's ruling in
the adjudication
hearing to the tenth district court of appeals.
(E) Each person appealing under this section to the director
shall file with the director, not later than thirty days after
the
decision, ruling, or determination of the director was
mailed, a
notice of appeal designating the decision, ruling, or
determination appealed from.
(F) Each person appealing under this section to the tenth
district court of appeals shall file with the court, not later
than thirty
days after the date the director's adjudication order
was mailed, a notice of
appeal
designating the order appealed
from. The appellant also shall file notice
with the director not
later than thirty days after the date the order was
mailed.
(1) Not later than thirty days after receipt of the notice of
appeal, the director shall prepare and certify to the court the
complete record of the proceedings out of which the appeal
arises.
The expense of preparing and transcribing the record
shall be
taxed as part of the costs of the appeal. In the event
that the
record or a part thereof is not certified within the
time
prescribed by this division, the appellant may apply to the court
for an order that the record be certified.
(2) In hearing the appeal, the court shall consider only
the
evidence contained in the record certified to it by the
director.
The court may remand the matter to the director for the
admission
of additional evidence on a finding that the additional
evidence
is material, newly discovered, and could not with
reasonable
diligence have been ascertained before the hearing
before the
director. Except as otherwise provided by statute, the
court shall
give the hearing on the appeal preference over all
other civil
matters, irrespective of the position of the
proceedings on the
calendar of the court.
(3) The court shall affirm the director's order if it finds,
upon consideration of the entire record and any additional
evidence admitted under division (F)(2) of this section,
that the
order is supported by reliable, probative, and substantial
evidence and is in accordance with law. In the absence of such a
finding, it shall reverse, vacate, or modify the order.
(4) If the court determines that the director committed
material procedural error, the court shall remand
the matter to
the director for further consideration
or action.
(G) The court may award reasonable attorney's fees against
the appellant if it determines that the appeal was frivolous.
Sections 119.092, 119.093, and 2335.39 of the Revised Code do not
apply to
adjudication
hearings under this section or section
3702.52 of the Revised Code and
judicial appeals under this
section.
(H) No person may intervene in an appeal brought under
this
section.
Sec. 3702.61. In addition to the sanctions imposed under
sections 3702.54,
3702.541, 3702.542, and 3702.55 and former
section 3702.543 of the Revised Code, if any person
violates
section 3702.53 of the Revised Code, the attorney general may
commence necessary legal proceedings in the court of common pleas
of Franklin
county to enjoin the person from such violation until
the requirements of
sections 3702.51 to 3702.62 of the Revised
Code have been satisfied. At the
request of the director of
health, the attorney general shall commence any
necessary
proceedings. The court has jurisdiction to grant and, on a showing
of a violation, shall grant appropriate injunctive relief.
Sec. 3702.87. The director of health shall designate, as
dental health resource
shortage areas, areas in this state that
experience special dental health problems
and dentist practice
patterns
that limit access to dental care. The
designations shall
be made
by rule and may apply to a geographic area, one or
more
facilities
within a particular area, or a population group within
a
particular area. The director shall consider for designation as
a dental health resource shortage area, any area in this state
that has been designated by the United States secretary of health
and human services as a health professional shortage area under
Title III of the "Public Health Service Act," 58 Stat. 682 (1944),
42 U.S.C. 201, as amended.
Sec. 3702.89. (A) An individual who is will not receiving
national
health service corps tuition or student have an
outstanding obligation for dental service to the federal
government, a state, or other entity at the time of participation
in the dentist loan repayment assistance program and meets
one of
the following requirements may apply for participation in the
dentist
loan repayment program:
(1) The applicant is a dental student enrolled in the final
year of dental college.
(2) The applicant is a dental resident in the final year of
residency.
(3) The applicant has been engaged in the holds a valid
license to practice of dentistry
for not more than three years
prior to
submitting the application issued under Chapter 4715. of
the Revised Code.
(B) An application for participation in the dentist loan
repayment
program shall be submitted to the director of health on
a form
the director shall prescribe. The following information
shall be included or supplied:
(1) The applicant's name, permanent address or address at
which the applicant
is currently residing if different from the
permanent address, and telephone
number;
(2) The dental college the applicant attended or is attending
or attended,
dates of attendance, and verification of attendance;
(3) If the applicant has completed a dental residency program
or is a dental resident, the facility or institution at which
where the dental residency was completed or
is being performed,
and, if completed, the date of completion;
(4) A summary and verification of the educational expenses
for which the
applicant seeks reimbursement under the program;
(5) If the applicant is a dentist, verification of the
applicant's license issued under Chapter
4715. of the Revised Code
to practice dentistry and proof of good standing;
(6) Verification of the applicant's United States
citizenship
or status as a legal alien.
Sec. 3702.90. If funds are available in the dentist loan
repayment fund created under section 3702.95 of the Revised Code
and the general assembly has appropriated the funds for the
program, the director of health shall approve an
applicant for
participation in the program on finding in
accordance with the
priorities established under section 3702.88 of the
Revised Code
that the applicant is eligible for participation and
is needed in
a dental health resource shortage
area.
On approving an application, the director shall notify and
enter into discussions with the
applicant. The object of the
discussions is to facilitate recruitment of
the applicant to a
site within a dental health resource shortage area at which,
according to the priorities established under section 3702.88 of
the Revised
Code, the applicant is needed. The director may
pay
the costs incurred by the applicant and the applicant's spouse for
travel,
meals, and lodging in making one visit to one dental
health resource shortage area.
The director may also refer an
applicant to the Ohio dental association for assistance in being
recruited to a site within a dental health resource
shortage area
at which the applicant will agree to be placed.
If the director and applicant agree on the applicant's
placement at a particular site within a dental health resource
shortage area, the
applicant shall sign and deliver to the
director a letter of intent
agreeing to that placement.
Sec. 3702.91. (A) An individual who has signed a
letter of
intent under section 3702.90 of the Revised Code may enter into a
contract with the
director of health
for participation in the
dentist loan
repayment program. A lending
institution The
dentist's employer or other funding source may also be
a party
to
the contract.
(B) The contract shall include all of the following
obligations:
(1) The individual agrees to provide dental services in the
dental health resource shortage area identified in
the letter of
intent for at least
one
year two years.
(2) When providing dental services in the dental health
resource shortage
area, the individual agrees to do
all of the
following:
(a) Provide dental services for a minimum of forty
hours per
week;
(b) Provide dental services without regard to a
patient's
ability to pay;
(c) Meet the conditions prescribed by the
"Social Security
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the
department of job and family services for participation in
the
medicaid program established under Chapter 5111. of the
Revised
Code and enter into a contract with the department to
provide
dental services to medicaid recipients.
(3) The department of health agrees, as
provided in section
3702.85 of
the Revised Code, to repay, so long
as the individual
performs the
service obligation agreed to under
division
(B)(1)
of this section, all or
part of the principal and
interest
of a
government or other educational loan
taken by the
individual for
expenses described in section 3702.85
of the
Revised Code up to
but not exceeding twenty thousand dollars per
year of service.
(4) The individual agrees to pay the
department of
health
the
following as
damages an amount established by rules adopted
under section 3702.86 of the Revised Code, if the individual fails
to
complete the
service obligation agreed to
under division
(B)(1) of
this
section:
(a) If the failure occurs during the first two years of
the
service obligation, three times the total amount the
department
has
agreed to repay under division (B)(3) of
this
section;
(b) If the failure occurs after the first two years of the
service obligation, three times the amount the department
is
still
obligated to repay under division (B)(3) of this
section.
(C) The contract may include any other terms agreed upon by
the parties,
including an assignment to the
department of health
of the individual's
duty to pay the principal
and interest of a
government or other educational
loan taken by
the individual for
expenses described in section 3702.85 of the
Revised Code. If the
department assumes the individual's
duty to pay a loan,
the
contract
shall set forth the total amount
of principal and
interest to be
paid, an amortization schedule,
and the amount of
each payment to
be made
under the schedule.
(D) Not later than the thirty-first day of January of each
year, the department of health shall mail to
each individual to
whom or on whose behalf repayment is made under
the dentist loan
repayment program a statement showing the amount
of principal and
interest repaid by the department pursuant
to the contract in the
preceding year. The statement shall be sent
by ordinary mail with
address correction and forwarding requested
in the manner
prescribed by the United States postal service.
Sec. 3702.92. There is hereby created the dentist loan
repayment advisory board. The board shall consist of the following
members:
(A) One member Two members of the house of representatives,
one from each political party, appointed by the speaker of the
house of
representatives;
(B) One member Two members of the senate, one from each
political party, appointed by the president of the senate;
(C) A representative of the board of regents, appointed by
the chancellor;
(D) The director of health or an employee of the department
of health designated by the director;
(E) Three Four representatives of the dental profession,
appointed by the governor from persons nominated by the Ohio
dental association.
Terms of office of the appointed members shall be two years,
with each term commencing on the twenty-eighth day of January and
ending on the twenty-seventh day of January of the second year
after appointment. The governor shall appoint the dental
profession representatives not later than ninety days after
October 29, 2003. The terms of all members shall commence
ninety-one days after October 29, 2003. Of the initial
appointments made by the governor, two shall serve a term of one
year and one shall serve a term of two years. The initial
appointment made by the, speaker of the house of representatives
shall be for a term of one year. The initial appointment made by
the, and president of the senate shall be for a term of two years
make each of their respective appointments not later than the
twenty-seventh day of January of the year in which the term of the
member being appointed is to commence. Each member shall hold
office from the date of appointment until the end of the term for
which the member was appointed, except that a legislative member
ceases to be a member of the board on ceasing to be a member of
the general assembly. No person shall be appointed to the board
for more than two consecutive terms.
Vacancies shall be filled in the manner prescribed for the
original appointment. A member appointed to fill a vacancy
occurring prior to the expiration of the term for which
the
member's predecessor was appointed shall hold office for the
remainder of that term. A member shall continue in office
subsequent to the
expiration of the member's term until a
successor
takes office or until
sixty days have elapsed, whichever
occurs first. No person shall
be appointed to the board for more
than two consecutive terms. Thereafter, terms
of office shall be
two years. Each member shall hold
office from the date of
appointment until the end of the term
for which the member was
appointed, except that a legislative
member ceases to be a member
of the board on
ceasing to be a member of the general assembly.
The governor, speaker, or president may remove a member for
whom the governor, speaker, or president was the appointing
authority, for misfeasance,
malfeasance, or willful neglect of
duty.
The board shall designate a member to serve as
chairperson of
the board.
The board shall meet at least once annually. The
chairperson
shall call special meetings as needed or upon the request
of four
members.
Four Six members of the board constitute a quorum to transact
and vote on all business coming before the board.
Members of the board shall serve without compensation, but
may be reimbursed for reasonable and necessary expenses
incurred
in the discharge of their duties.
The department of health shall provide the board with staff
assistance as requested by the board.
Sec. 3702.93. The dentist loan repayment advisory board shall
determine the amounts that will be paid as loan repayments on
behalf of participants in the dentist loan repayment program. No
In the first and second years, no
repayment shall exceed twenty
twenty-five thousand dollars in any each year, except
that if. In
the third and fourth years, no repayment shall exceed thirty-five
thousand dollars in each year. If, however, a repayment results in
an increase in the participant's
federal, state, or local income
tax liability, the department of
health, at the participant's
request and
with the approval of the
director of health, may
reimburse the
participant for the
increased tax liability,
regardless of the
amount of the
repayment in that year. Total
repayment on behalf of
a
participant shall not exceed eighty
thousand dollars over the
time of participation in the program.
Sec. 3702.94. The dentist loan repayment advisory board,
annually on or before the first day of March, shall submit a
report to the governor and general assembly describing the
operations of the dentist loan repayment program during the
previous calendar year. The report shall include information
about
all of the following:
(A) The number of requests received by the director of
health
that a particular area be designated as a dental health resource
shortage area;
(B) The areas that have been designated as dental health
resource shortage
areas and the priorities that have been assigned
to them;
(C) The number of applicants for participation in the dentist
loan repayment program;
(D) The number of dentists
assigned to dental health resource
shortage areas and the payments
made on behalf of those dentists
under the dentist loan
repayment program;
(E) The dental health resource shortage areas that have not
been
matched with all of the dentists they need;
(F) The number of dentists failing to
complete their service
obligations, the amount of damages owed,
and the amount of damages
collected.
Sec. 3703.01. (A) Except as otherwise provided in this
section, the division of industrial compliance labor in the
department
of commerce shall do all of the following:
(1) Inspect all
nonresidential buildings within the meaning
of section
3781.06 of the Revised Code;
(2) Condemn all unsanitary or defective plumbing that is
found in connection with those places;
(3) Order changes in plumbing necessary to
insure the safety
of the public health.
(B)(1)(a) The division of industrial compliance labor,
boards
of
health of
city and general
health districts, and county
building
departments shall not inspect plumbing or
collect fees
for
inspecting plumbing in particular types of
buildings in any
municipal corporation that is certified by
the board
of
building
standards under section 3781.10 of the
Revised Code to
exercise
enforcement authority for plumbing in
those types of
buildings.
(b) The division shall not inspect plumbing or collect
fees
for
inspecting plumbing in particular types of buildings in
any
health
district that employs one or more
plumbing
inspectors
certified pursuant to division (D) of this
section to enforce
Chapters 3781. and 3791. of the Revised
Code
and the
rules adopted
pursuant to those chapters relating to
plumbing in those types of
buildings.
(c) The division shall not inspect plumbing or collect
fees
for inspecting plumbing in particular types of buildings in
any
health district where the county building department is
authorized to inspect those types of buildings pursuant to a
contract described in division (C)(1) of this section.
(d) The division shall not inspect plumbing or collect fees
for inspecting plumbing in particular types of buildings in any
health district where the board of health has entered into a
contract with the board of health of another district to conduct
inspections pursuant to division (C)(2) of this section.
(2) No county building department shall inspect plumbing or
collect fees for inspecting plumbing in any type of building in a
health district unless the department is authorized to inspect
that type of building pursuant to a contract described in division
(C)(1) of this section.
(3) No municipal corporation
shall
inspect
plumbing or
collect fees for
inspecting plumbing
in types
of buildings for
which it is not
certified by the
board of
building standards
under section
3781.10 of the Revised
Code to
exercise enforcement
authority.
(4) No board of health of a health district shall inspect
plumbing or collect fees for inspecting plumbing in types of
buildings for which
it does
not
have a plumbing inspector
certified
pursuant to division (D) of this section.
(C)(1) The board of health of a health district may enter
into a contract with a board of county commissioners to authorize
the county building department to inspect plumbing in buildings
within the health district. The contract may designate that the
department inspect either residential or nonresidential buildings,
as those terms are defined in section 3781.06 of the Revised Code,
or both types
of buildings, so long as the department employs or
contracts with a
plumbing
inspector certified pursuant to
division (D) of this
section to
inspect the types of buildings
the contract
designates. The board
of health may enter into a
contract
regardless of whether the
health district employs any
certified
plumbing inspectors to
enforce Chapters 3781. and
3791. of the
Revised Code.
(2) The board of health of a health district, regardless of
whether it employs any certified plumbing inspectors to enforce
Chapters 3781. and 3791. of the Revised Code, may enter into a
contract with the board of health of another health district to
authorize that board to inspect plumbing in buildings within the
contracting board's district. The contract may designate the
inspection of either residential or nonresidential buildings as
defined in section 3781.06 of the Revised Code, or both types of
buildings, so long as the board that performs the inspections
employs a plumbing inspector certified pursuant to division (D) of
this section to inspect the types of buildings the contract
designates.
(D) The superintendent of industrial compliance labor
shall
adopt
rules
prescribing minimum qualifications based on education,
training,
experience, or demonstrated ability, that the
superintendent
shall use
in certifying or recertifying plumbing
inspectors to do plumbing
inspections for
health districts and
county building departments that are authorized to perform
inspections pursuant to a contract under division (C)(1) of this
section, and for continuing education of plumbing inspectors.
Those minimum qualifications
shall be related to
the types of
buildings for which a person
seeks certification.
(E) The superintendent may enter into reciprocal
registration, licensure, or certification agreements with other
states and other agencies of this state relative to plumbing
inspectors if both of the following apply:
(1) The requirements for registration, licensure, or
certification of plumbing inspectors under the laws of the other
state or laws administered by the other agency are substantially
equal to the requirements the superintendent adopts under division
(D) of this section for certifying plumbing inspectors.
(2) The other state or agency extends similar reciprocity to
persons certified under this chapter.
(F) The superintendent may select and contract with one or
more persons to do all of the following regarding examinations for
certification of plumbing inspectors:
(1) Prepare, administer, score, and maintain the
confidentiality of the examination;
(2) Maintain responsibility for all expenses required to
comply with division (F)(1) of this section;
(3) Charge each applicant a fee for administering the
examination in an amount the superintendent authorizes;
(4) Design the examination for certification of plumbing
inspectors to determine an applicant's competence to inspect
plumbing.
(G) Standards and methods prescribed in local plumbing
regulations shall not be less than those prescribed in Chapters
3781. and 3791. of the Revised Code and the rules adopted
pursuant
to those chapters.
(H) Notwithstanding any other provision of this section,
the
division shall make a plumbing inspection of any
building or
other
place that there is reason to believe is in
a condition to
be a menace to the public health.
Sec. 3703.03. In the administration of sections 3703.01 to
3703.09 3703.08 of the
Revised Code, the division of industrial
compliance labor
shall enforce rules
governing plumbing adopted
by the board of building
standards
under authority of sections
3781.10 and 3781.11 of the Revised Code, and
register those
persons engaged in or at the plumbing business.
Plans and specifications for all plumbing to be installed in
or for buildings
coming within such sections shall be submitted to
and approved by the
division before the contract for plumbing is
let.
Sec. 3703.04. The
superintendent of industrial compliance
labor shall appoint such
number of plumbing
inspectors as is
required. The inspectors shall be practical
plumbers with
at least
seven years' experience, and skilled and well-trained in matters
pertaining to sanitary regulations concerning plumbing work.
Sec. 3703.05. Plumbing inspectors employed by the division
of
industrial compliance labor assigned to the enforcement of
sections 3703.01 to 3703.09 3703.08 of the
Revised Code may,
between sunrise and sunset, enter any building where there
is good
and sufficient reason to believe that the sanitary condition of
the premises endangers the public
health, for the purpose of
making
an inspection to ascertain the condition of
the premises.
Sec. 3703.06. When any building is found to be in a sanitary
condition or
when changes which are ordered, under authority of
this chapter, in the
plumbing,
drainage, or
ventilation have been
made, and after a thorough inspection and approval by
the
superintendent of industrial compliance labor,
the superintendent
shall issue
a certificate, which shall be
posted in a conspicuous
place for the benefit of the public at
large. Upon notification by
the superintendent, the
certificate shall
be revoked
for any
violation of those sections.
Sec. 3703.07. No plumbing work shall be done in any
building
or place coming within the jurisdiction of the
division of
industrial compliance labor, except in cases of repairs or leaks
in
existing plumbing, until a permit has been issued by the
division.
Before granting such permit, an application shall be made
by
the owner of the property or by the person, firm, or
corporation
which is to do the work. The application shall be
made on a form
prepared by the division for the purpose, and
each application
shall be accompanied by a fee of twenty-seven
dollars, and an
additional fee of seven dollars for each trap,
vented fixture,
appliance, or device. Each application also shall
be accompanied
by a plan approval fee of eighteen dollars
for work containing one
through twenty fixtures; thirty-six
dollars for work containing
twenty-one through forty fixtures;
and fifty-four dollars for work
containing forty-one or more
fixtures.
Whenever a reinspection is made necessary by the failure of
the applicant or plumbing contractor to have the work ready for
inspection when so reported, or by reason of faulty or improper
installation, the person shall pay a fee of forty-five dollars
for
each reinspection.
All fees collected pursuant to this section shall be paid
into the state
treasury to the credit of the industrial compliance
labor operating fund created in
section 121.084 of the Revised
Code.
The superintendent of industrial compliance labor, by rule
adopted in accordance with Chapter 119. of the Revised Code, may
increase the fees required by this section and may establish fees
to pay the costs of the division to fulfill its duties established
by this chapter, including, but not limited to, fees for
administering a program for continuing education for, and
certifying and recertifying plumbing inspectors. The fees shall
bear some reasonable relationship to the cost of administering and
enforcing the provisions of this chapter.
Sec. 3703.08. Any owner, agent, or manager of a building in
which an
inspection is made by the division of
industrial
compliance labor, a board of health of a health district, or a
certified
department of building inspection of a municipal
corporation or a
county shall
have the entire system of drainage
and ventilation
repaired, as the
division, board of health, or
department of
building inspection directs by its order. After due
notice to
repair that work is given, the
owner, agent, or manager
shall
notify the public
authority that issued the order when the
work is
ready
for its inspection. No person shall fail to have
the work
ready for
inspection at the time specified in the
notice.
Sec. 3703.10. All prosecutions and proceedings by the
division of
industrial compliance labor for the violation of
sections 3703.01 to 3703.09 3703.08
of the Revised Code, or for
the
violation of any of the orders or rules of the division under
those sections, shall be instituted
by the superintendent of
industrial compliance labor. All fines or judgments collected by
the
division shall be paid into the state treasury to the credit
of the
industrial compliance labor operating fund created by
section 121.084 of the Revised
Code.
The superintendent, the board of health of a general or city
health district, or
any person charged with enforcing the rules of
the division adopted under sections 3703.01 to 3703.09 3703.08 of
the Revised Code may petition the
court of common pleas for
injunctive or other appropriate relief requiring any
person
violating a rule adopted or order issued by the superintendent
under those sections to comply with the rule or order. The court
of common pleas of the
county in which the offense is alleged to
be occurring
may grant injunctive or
other appropriate relief.
The superintendent may do all of the following:
(A) Deny an applicant certification as a plumbing inspector;
(B) Suspend or revoke the certification of a plumbing
inspector;
(C) Examine any certified plumbing inspector under oath;
(D) Examine the records and books of any certified plumbing
inspector if the superintendent finds the material to be examined
relevant to a determination described in division (A), (B), or (C)
of this section.
Sec. 3703.21. (A) Within ninety days after the effective
date of this section September 16, 2004, the superintendent of the
division of industrial compliance labor shall appoint a backflow
advisory board consisting of not more than ten members, who shall
serve at the pleasure of the superintendent. The superintendent
shall appoint a representative from the plumbing section of the
division of industrial compliance labor, three representatives
recommended by the plumbing administrator of the division of
industrial compliance labor, a representative of the drinking
water program of the Ohio environmental protection agency, three
representatives recommended by the director of environmental
protection, and not more than two members who are not employed by
the plumbing or water industry.
The board shall advise the superintendent on matters
pertaining to the training and certification of backflow
technicians.
(B) The superintendent shall adopt rules in accordance with
Chapter 119. of the Revised Code to provide for the certification
of backflow technicians. The rules shall establish all of the
following requirements, specifications, and procedures:
(1) Requirements and procedures for the initial certification
of backflow technicians, including eligibility criteria and
application requirements and fees;
(2) Specifications concerning and procedures for taking
examinations required for certification as a backflow technician,
including eligibility criteria to take the examination and
application requirements and fees for taking the examination;
(3) Specifications concerning and procedures for renewing a
certification as a backflow technician, including eligibility
criteria, application requirements, and fees for renewal;
(4) Specifications concerning and procedures for both of the
following:
(a) Approval of training agencies authorized to teach
required courses to candidates for certification as backflow
technicians or continuing education courses to certified backflow
technicians;
(b) Renewal of the approval described in division (B)(4)(a)
of this section.
(5) Education requirements that candidates for initial
certification as backflow technicians must satisfy and continuing
education requirements that certified backflow technicians must
satisfy;
(6) Grounds and procedures for denying, suspending, or
revoking certification, or denying the renewal of certification,
as a backflow technician;
(7) Procedures for issuing administrative orders for the
remedy of any violation of this section or any rule adopted
pursuant to division (B) of this section, including, but not
limited to, procedures for assessing a civil penalty authorized
under division (D) of this section;
(8) Any provision the superintendent determines is necessary
to administer or enforce this section.
(C) No individual shall engage in the installation, testing,
or repair of any isolation backflow prevention device unless that
individual possesses a valid certification as a backflow
technician. This division does not apply with respect to the
installation, testing, or repair of any containment backflow
prevention device.
(D) Whoever violates division (C) of this section or any rule
adopted pursuant to division (B) of this section shall pay a civil
penalty of not more than five thousand dollars for each day that
the violation continues. The superintendent may, by order, assess
a civil penalty under this division, or may request the attorney
general to bring a civil action to impose the civil penalty in the
court of common pleas of the county in which the violation
occurred or where the violator resides.
(E) Any action taken under a rule adopted pursuant to
division (B)(6) of this section is subject to the appeal process
of Chapter 119. of the Revised Code. An administrative order
issued pursuant to rules adopted under division (B)(7) of this
section and an appeal to that type of administrative order shall
be executed in accordance with Chapter 119. of the Revised Code.
(F) As used in this section:
(1) "Isolation backflow prevention device" means a device for
the prevention of the backflow of liquids, solids, or gases that
is regulated by the building code adopted pursuant to section
3781.10 of the Revised Code and rules adopted pursuant to this
section.
(2) "Containment backflow prevention device" means a device
for the prevention of the backflow of liquids, solids, or gases
that is installed by the supplier of, or as a requirement of, any
public water system as defined in division (A) of section 6109.01
of the Revised Code.
Sec. 3703.99. Whoever violates sections 3703.01 to 3703.09
3703.08 of the Revised
Code, or any rule the
division of
industrial compliance labor is
required to enforce under such
sections, shall be fined not less than ten nor
more than one
hundred dollars or imprisoned for not less than ten nor more
than
ninety days, or both. No person shall be imprisoned under this
section
for the first offense, and the prosecution always shall be
as for
a first
offense unless the affidavit upon which the
prosecution is instituted contains
the allegation that the offense
is a second or repeated offense.
Sec. 3704.14. (A) The director of environmental protection
shall continue to implement an enhanced motor vehicle inspection
and maintenance program for a period of two years beginning on
January 1, 2006, and ending on December 31, 2007, in counties in
which a motor vehicle inspection and maintenance program is
federally mandated. The program shall be substantially similar to
the enhanced program implemented in those counties under a
contract that is scheduled to expire on December 31, 2005. The (1)
If the director of environmental protection determines that
implementation of a motor vehicle inspection and maintenance
program is necessary for the state to effectively comply with the
federal Clean Air Act after June 30, 2009, the director may
provide for the implementation of the program in those counties in
this state in which such a program is federally mandated. Upon
making such a determination, the director of environmental
protection may request the director of administrative services to
extend the terms of the contract that was entered into under the
authority of Section 7 of Am. Sub. H.B. 24 of the 127th general
assembly. Upon receiving the request, the director of
administrative services shall extend the contract, beginning on
July 1, 2009, in accordance with this section. The contract shall
be extended for a period of up to six months with the contractor
who conducted the motor vehicle inspection and maintenance program
under that contract.
(2) Prior to the expiration of the contract extension that is
authorized by division (A)(1) of this section, the director of
environmental protection may request the director of
administrative services to enter into a contract with a vendor to
operate a motor vehicle inspection and maintenance program in each
county in this state in which such a program is federally mandated
through June 30, 2011, with an option for the state to renew the
contract through June 30, 2012. The contract shall ensure that the
motor vehicle inspection and maintenance program achieve at least
the same ozone precursor reductions as achieved by the program
operated under the authority of the contract that was extended
under division (A)(1) of this section. The director of
administrative services shall select a vendor through a
competitive selection process in compliance with Chapter 125. of
the Revised Code.
(3) A motor vehicle inspection and maintenance program
operated under this section shall comply with division (B) of this
section. The director of environmental protection shall administer
the motor vehicle inspection and maintenance program operated
under this section.
(B) The motor vehicle inspection and
maintenance program
authorized by this section, at a minimum,
shall do all of the
following:
(1) Comply with the federal Clean Air Act;
(2) Provide for the extension of a contract for a period of
two years, beginning on January 1, 2006, and ending on December
31, 2007, with the contractor who conducted the enhanced motor
vehicle inspection and maintenance program in those federally
mandated counties pursuant to a contract entered into under former
section 3704.14 of the Revised Code as that section existed prior
to its repeal and reenactment by Am. Sub. H.B. 66 of the 126th
General Assembly;
(3) Provide for the issuance of inspection certificates;
(4)(3) Provide for a new car exemption for motor vehicles
four years old or newer and provide that a new motor vehicle is
exempt for four years regardless of whether legal title to the
motor vehicle is transferred during that period.
(B)(C) The director shall not implement a motor vehicle
inspection and maintenance program in any county other than a
county in which a motor vehicle inspection and maintenance program
is federally mandated.
(C)(D) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code that the director determines are
necessary to implement this section. The director may continue to
implement and enforce rules pertaining to the enhanced motor
vehicle inspection and maintenance program previously implemented
under former section 3704.14 of the Revised Code as that section
existed prior to its repeal and reenactment by Am. Sub. H.B. 66 of
the 126th general assembly, provided that the rules do not
conflict with this section.
(D)(E) There is hereby created in the state treasury the
motor vehicle inspection and maintenance auto emissions test fund,
which shall consist of money received by the director from any
fees for inspections that are established in rules adopted, cash
transfers, state and local grants, and other contributions that
are levied or received for the purpose of funding the program
established under this section. The director shall use money in
the fund solely for the implementation, supervision,
administration, operation, and enforcement of the enhanced motor
vehicle inspection and maintenance program established under this
section. Money in the fund shall not be used for either of the
following:
(1) To pay for the inspection costs incurred by a motor
vehicle dealer so that the dealer may provide inspection
certificates to an individual purchasing a motor vehicle from the
dealer when that individual resides in a county that is subject to
the motor vehicle inspection and maintenance program;
(2) To provide payment for more than one free passing
emissions inspection or a total of three emissions inspections for
a motor vehicle in any three-hundred-sixty-five day period. The
owner or lessee of a motor vehicle is responsible for inspection
fees that are related to emissions inspections beyond one free
passing emissions inspection or three total emissions inspections
in any three-hundred-sixty-five day period. Inspection fees that
are charged by a contractor conducting emissions inspections under
a motor vehicle inspection and maintenance program shall be
approved by the director of environmental protection.
(E)(F) The enhanced motor vehicle inspection and maintenance
program established under this section expires on December 31,
2007, upon the termination of all contracts entered into under
this section and shall not be continued implemented beyond that
the final date on which termination occurs unless otherwise
federally mandated.
Sec. 3705.24. (A)(1) The public health council shall, in
accordance with section 111.15 of the Revised Code, adopt rules
prescribing fees for the following items or services provided by
the state
office of vital statistics:
(a) Except as provided in division (A)(4) of this section:
(i) A certified copy of a vital record or a certification of
birth;
(ii) A search by the office of vital statistics of its files
and records pursuant to a request for information, regardless of
whether a copy of a record is provided;
(iii) A copy of a record provided pursuant to a request;
(b) Replacement of a birth certificate following an adoption,
legitimation, paternity determination or acknowledgement, or court
order;
(c) Filing of a delayed registration of a vital record;
(d) Amendment of a vital record that is requested later than
one year after the filing date of the vital record;
(e) Any other documents or services for which the public
health council considers the charging of a fee appropriate.
(2) Fees prescribed under division (A)(1)(a) of this section
shall not be less than seven twelve dollars.
(3) Fees prescribed under division (A)(1) of this section
shall be collected in addition to any fees required by sections
3109.14 and 3705.242 of the Revised Code.
(4) Fees prescribed under division (A) of this section shall
not apply to certifications issued under division (H) of this
section or copies provided under section 3705.241 of the Revised
Code.
(B) In addition to the fees prescribed under division (A) of
this section or section 3709.09 of the Revised Code, the office of
vital statistics or the board of health of a city or general
health district shall charge a five-dollar fee for each certified
copy of a vital record and each certification of birth. This fee
shall be deposited in the general operations fund created under
section 3701.83 of the Revised Code and be used to
support the
operations, the modernization, and the automation of
the vital
records program in this state. A board of
health shall forward
all fees collected under this division to the
department of
health not later than thirty days after the end of
each calendar
quarter.
(C) Except as otherwise provided in division (H) of
this
section, and except as provided in section 3705.241
of the Revised
Code, fees collected by the director of health under
sections
3705.01 to 3705.29 of the Revised Code shall be paid
into the
state treasury to the credit of the general operations fund
created by section 3701.83 of the Revised Code.
Except as
provided in division (B) or (I) of this section, money generated
by the
fees shall be used only for administration and
enforcement
of this
chapter and the rules adopted under it.
Amounts
submitted to the
department of health for copies of vital records
or services in
excess of the
fees imposed by this section shall
be dealt with as
follows:
(1) An overpayment of two dollars or less shall be
retained
by the department and deposited in the state treasury to the
credit of the general operations fund created by section 3701.83
of the
Revised Code.
(2) An overpayment in excess of two dollars shall be
returned
to the person who made the overpayment.
(D) If a local registrar is a salaried employee of a city
or
a general health district, any fees the local registrar
receives
pursuant to section 3705.23 of the Revised Code shall be paid into
the general fund of the city or the health fund of the general
health
district.
Each local registrar of vital statistics, or each health
district where the local registrar is a salaried employee of the
district, shall be entitled to a fee for each birth, fetal death,
death, or military service certificate properly and completely
made out and registered with the local registrar or district and
correctly copied and
forwarded to the office of vital statistics
in accordance with
the population of the primary registration
district at the last
federal census. The fee for each birth, fetal
death, death, or
military service certificate shall be:
(1) In primary registration districts of over two hundred
fifty thousand, twenty cents;
(2) In primary registration districts of over one hundred
twenty-five thousand and less than two hundred fifty thousand,
sixty cents;
(3) In primary registration districts of over fifty
thousand
and less than one hundred twenty-five thousand, eighty
cents;
(4) In primary registration districts of less than fifty
thousand, one dollar.
(E) The director of health shall annually certify to the
county treasurers of the several counties the number of birth,
fetal death, death, and military service certificates registered
from their respective counties with the names of the local
registrars and the amounts due each registrar and health district
at the rates fixed in this section. Such amounts shall be paid
by
the treasurer of the county in which the registration
districts
are located. No fees shall be charged or collected by
registrars
except as provided by this chapter and section 3109.14
of the
Revised Code.
(F) A probate judge shall be paid a fee of fifteen cents
for
each certified abstract of marriage prepared and forwarded by
the
probate judge to the department of health pursuant to section
3705.21 of
the Revised Code. The fee shall be in addition to the
fee paid
for a marriage license and shall be paid by the
applicants for
the license.
(G) The clerk of a court of common pleas shall be paid a
fee
of one dollar for each certificate of divorce, dissolution,
and
annulment of marriage prepared and forwarded by the clerk to the
department pursuant to section 3705.21 of the Revised Code. The
fee for the certified abstract of divorce, dissolution, or
annulment of marriage shall be added to the court costs allowed
in
these cases.
(H) The fee for an heirloom certification of birth issued
pursuant to
division (B)(2) of section 3705.23 of the Revised
Code
shall be an amount prescribed by rule by the
director of health
plus any fee required by section 3109.14 of the
Revised Code. In
setting the amount of the fee, the director shall
establish a
surcharge in addition to an amount necessary to offset the expense
of processing heirloom certifications of birth. The fee prescribed
by the director of health
pursuant to this division shall be
deposited
into
the state treasury to the credit of the heirloom
certification of birth fund
which is hereby created. Money
credited to the fund shall be used by the
office of vital
statistics to offset the expense of processing heirloom
certifications of birth. However, the money collected for the
surcharge,
subject to the approval of the controlling board, shall
be used for the
purposes specified by the family and children
first council pursuant to
section 121.37 of the Revised Code.
(I) Four dollars of each fee collected by the director of
health for an item or service described in division (A)(1)(a) of
this section shall be transferred to the office of vital
statistics.
Sec. 3706.04. The Ohio air quality development authority
may:
(A) Adopt bylaws for the regulation of its affairs and the
conduct of its business;
(B) Adopt an official seal;
(C) Maintain a principal office and suboffices at such
places
within the state as it designates;
(D) Sue and plead in its own name; be sued and impleaded
in
its own name with respect to its contracts or torts of its
members, employees, or agents acting within the scope of their
employment, or to enforce its obligations and covenants made
under
sections 3706.05, 3706.07, and 3706.12 of the Revised Code.
Any
such actions against the authority shall be brought in the
court
of common pleas of the county in which the principal office
of the
authority is located, or in the court of common pleas of
the
county in which the cause of action arose, provided such
county is
located within this state, and all summonses,
exceptions, and
notices of every kind shall be served on the
authority by leaving
a copy thereof at the principal office with
the person in charge
thereof or with the secretary-treasurer of
the authority.
(E) Make loans and grants to governmental agencies for the
acquisition or construction of air quality projects by any such
governmental agency and adopt rules and procedures for making
such
loans and grants;
(F) Acquire, construct, reconstruct, enlarge, improve,
furnish, equip, maintain, repair, operate, lease or rent to, or
contract for operation by, a person or governmental agency, air
quality projects, and establish rules for the use of such
projects;
(G) Make available the use or services of any air quality
project to one or more persons, one or more governmental
agencies,
or any combination thereof;
(H) Issue air quality revenue bonds and notes and air
quality
revenue refunding bonds of the state, payable solely from
revenues
as provided in section 3706.05 of the Revised Code,
unless the
bonds be refunded by refunding bonds, for the purpose
of paying
any part of the cost of one or more air quality
projects or parts
thereof;
(I) Acquire by gift or purchase, hold, and dispose of real
and personal property in the exercise of the powers of the
authority and the performance of its duties under this chapter;
(J) Acquire, in the name of the state, by purchase or
otherwise, on such terms and in such manner as the authority
finds
proper, or by the exercise of the right of condemnation in
the
manner provided by section 3706.17 of the Revised Code, such
public or private lands, including public parks, playgrounds, or
reservations, or parts thereof or rights therein, rights-of-way,
property, rights, easements, and interests as it finds necessary
for carrying out this chapter, but excluding the acquisition by
the exercise of the right of condemnation of any air quality
facility owned by any person or governmental agency; and
compensation shall be paid for public or private lands so taken;
(K) Make and enter into all contracts and agreements and
execute all instruments necessary or incidental to the
performance
of its duties and the execution of its powers under
this chapter.
(1) When the cost under any such contract or agreement,
other
than compensation for personal services, involves an
expenditure
of more than two thousand dollars, the authority
shall make a
written contract with the lowest responsive and
responsible
bidder, in accordance with section 9.312 of the
Revised Code,
after advertisement for not less than two
consecutive weeks in a
newspaper of general circulation in
Franklin county, and in such
other publications as the authority
determines, which notice shall
state the general character of the
work and the general character
of the materials to be furnished,
the place where plans and
specifications therefor may be
examined, and the time and place of
receiving bids; provided,
that a contract or lease for the
operation of an air quality
project constructed and owned by the
authority or an agreement
for cooperation in the acquisition or
construction of an air
quality project pursuant to section 3706.12
of the Revised Code
or any contract for the construction of an air
quality project
that is to be leased by the authority to, and
operated by,
persons who are not governmental agencies and the
cost of such
project is to be amortized exclusively from rentals
or other
charges paid to the authority by persons who are not
governmental
agencies is not subject to the foregoing requirements
and the
authority may enter into such contract, lease, or
agreement
pursuant to negotiation and upon such terms and
conditions and
for such period as it finds to be reasonable and
proper in the
circumstances and in the best interests of proper
operation or of
efficient acquisition or construction of such
project.
(2) Each bid for a contract for the construction,
demolition,
alteration, repair, or reconstruction of an
improvement shall
contain the full name of every person
interested in it and meet
the requirements of section 153.54 of
the Revised Code.
(3) Each bid for a contract except as provided in division
(K)(2) of this section shall contain the full name of every
person
interested in it and shall be accompanied by a sufficient
bond or
certified check on a solvent bank that if the bid is
accepted a
contract will be entered into and the performance
thereof secured.
(4) The authority may reject any and all bids.
(5) A bond with good and sufficient surety, approved by
the
authority, shall be required of every contractor awarded a
contract except as provided in division (K)(2) of this section,
in
an amount equal to at least fifty per cent of the contract
price,
conditioned upon the faithful performance of the contract.
(L) Employ managers, superintendents, and other employees
and
retain or contract with consulting engineers, financial
consultants, accounting experts, architects, attorneys, and such
other consultants and independent contractors as are necessary in
its judgment to carry out this chapter, and fix the compensation
thereof. All expenses thereof shall be payable solely from the
proceeds of air quality revenue bonds or notes issued under this
chapter, from revenues, or from funds appropriated for such
purpose by the general assembly.
(M) Receive and accept from any federal agency, subject to
the approval of the governor, grants for or in aid of the
construction of any air quality project or for research and
development with respect to air quality facilities, and receive
and accept aid or contributions from any source of money,
property, labor, or other things of value, to be held, used, and
applied only for the purposes for which such grants and
contributions are made;
(N) Engage in research and development with respect to air
quality facilities;
(O) Purchase fire and extended coverage and liability
insurance for any air quality project and for the principal
office
and suboffices of the authority, insurance protecting the
authority and its officers and employees against liability for
damage to property or injury to or death of persons arising from
its operations, and any other insurance the authority may agree
to
provide under any resolution authorizing its air quality
revenue
bonds or in any trust agreement securing the same;
(P) Charge, alter, and collect rentals and other charges
for
the use or services of any air quality project as provided in
section 3706.13 of the Revised Code;
(Q) Develop energy initiatives, projects, and policy for the
state in accordance with section 3706.35 of the Revised Code;
(R) Provide coverage for its employees under Chapters
145.,
4123., and 4141. of the Revised Code;
(R)(S) Do all acts necessary or proper to carry out the
powers expressly granted in this chapter.
Any instrument by which real property is acquired pursuant to
this section
shall identify the agency of the state that has the
use and benefit of the
real property as specified in section
5301.012 of the Revised Code.
Sec. 3706.35. The Ohio air quality development authority
shall establish the energy strategy development program for the
purpose of developing energy initiatives, projects, and policy for
the state. Issues addressed by such initiatives, projects, and
policy shall not be limited to those governed by this chapter.
There is hereby created in the state treasury the energy
strategy development fund. The fund shall consist of money
credited to it and money obtained for advanced energy projects
from federal or private grants, loans, or other sources. Money in
the fund shall be used to carry out the purposes of the program.
Interest earned on the money in the fund shall be credited to the
general revenue fund.
Sec. 3709.09. (A) The board of health of a city or
general
health district may, by rule, establish a uniform system
of fees
to pay the costs of any services provided by the board.
The fee for issuance of a certified copy of a vital record or
a certification of birth shall not be less than the fee prescribed
for the same service under division (A)(1) of section 3705.24 of
the Revised Code and shall include the fees required by division
(B) of section 3705.24 and section 3109.14 of the Revised Code.
Fees for services provided by the board for purposes
specified in
sections 3701.344, 3711.10, 3718.06, 3729.07,
3730.03, 3733.04,
3733.25, and
3749.04 of the Revised Code shall
be established in accordance
with rules adopted under division (B)
of this section. The
district advisory council, in the case of a
general health
district, and the legislative authority of the
city, in the case
of a city health district, may disapprove any
fee established by
the board of health under this division, and
any such fee, as
disapproved, shall not be charged by the board of
health.
(B) The public health
council shall adopt rules under section
111.15 of the Revised
Code that establish fee categories and
a
uniform methodologies methodology for
use in calculating the costs
of services
provided for purposes
specified in sections 3701.344,
3711.10,
3718.06, 3729.07, 3730.03,
3733.04, 3733.25, and 3749.04
of the
Revised Code. In adopting the rules,
the public health
council
shall consider recommendations it
receives from advisory
boards
established either by statute or
the director of health
for
entities subject to the fees.
(C) At least thirty days prior to establishing a Except when
a board of health establishes a fee by adopting a rule as an
emergency measure, the board of health shall hold a public hearing
regarding each proposed fee for a
service provided by the board
for a purpose specified in section
3701.344, 3711.10, 3718.06,
3729.07, 3730.03, 3733.04,
3733.25,
or
3749.04 of the
Revised
Code, a board of health shall
notify
any
entity that would be
affected by the proposed fee of
the
amount of
the proposed fee.
If a public hearing is held, at least twenty days prior to the
public hearing the board shall give written notice of the hearing
to each entity affected by the proposed fee. The notice shall be
mailed to the last known address of each entity and shall specify
the date, time, and place of the hearing and the amount of the
proposed fee.
(D) If a fee established under this section is not received
by the end of the last day on which it is due, the board of health
shall assess a penalty. The amount of the penalty shall be equal
to the greater of the following amounts:
(1) Twenty-five per cent of the fee;
(2) Ten per cent of the fee multiplied by the number of weeks
that have elapsed since the payment was due.
(E) All rules adopted by a board of health under this section
shall be adopted, recorded, and certified as are ordinances of
municipal corporations and the record thereof shall be given in
all courts the same effect as is given such ordinances, but the
advertisements of such rules shall be by publication in one
newspaper of general circulation within the health district.
Publication shall be made once a week for two consecutive weeks
and such rules shall take effect and be in force ten days from the
date of the first publication.
Sec. 3709.092. (A) A board of health of a city or general
health district shall transmit to the director of health all fees
or additional amounts that the public health council requires to
be collected under sections 3701.344, 3718.06, 3729.07, 3733.04,
3733.25, and 3749.04 of the Revised Code. The fees and amounts
shall be transmitted according to the following schedule:
(1) For fees and amounts received by the board on or after
the first day of January but not later than the thirty-first day
of March, transmit the fees and amounts not later than the
fifteenth day of May;
(2) For fees and amounts received by the board on or after
the first day of April but not later than the thirtieth day of
June, transmit the fees and amounts not later than the fifteenth
day of August;
(3) For fees and amounts received by the board on or after
the first day of July but not later than the thirtieth day of
September, transmit the fees and amounts not later than the
fifteenth day of November;
(4) For fees and amounts received by the board on or after
the first day of October but not later than the thirty-first day
of December, transmit the fees and amounts not later than the
fifteenth day of February of the following year.
(B) The director shall deposit the fees and amounts received
under this section into the state treasury to the credit of the
general operations fund created in section 3701.83 of the Revised
Code. Each amount shall be used solely for the purpose for which
it was collected.
Sec. 3710.01. As used in this chapter:
(A) "Asbestos" means the asbestiform varieties of
chrysotile
or serpentine, amosite or cummingtonitegrunerite,
crocidolite or
riebeckite, actinolite, tremolite, and
anthophylite.
(B) "Asbestos hazard abatement activity" means any
activity
involving the removal, renovation, enclosure, repair, or
encapsulation, or operation and maintenance of reasonably related
friable asbestos-containing
materials in an amount greater than
fifty three linear feet or fifty three
square feet. "Asbestos
hazard abatement activity" also includes
any such activity
involving such asbestos-containing materials in
an amount of fifty
linear or fifty square feet or less if, when
combined with any
other reasonably related activity in terms of
time and location of
the activity, the total amount is in an
amount greater than fifty
linear or fifty square feet.
(C) "Asbestos hazard abatement contractor" means a
business
entity or public entity that engages in or intends to
engage in
asbestos hazard abatement activities projects and that employs
or
supervises one or more asbestos hazard abatement specialists
for
asbestos hazard abatement activities. "Asbestos hazard
abatement
contractor" does not mean an employee of an asbestos
hazard
abatement contractor, a general contractor who
subcontracts to an
asbestos hazard abatement contractor an
asbestos hazard abatement
activity project, or any individual who engages
in an asbestos
hazard abatement activity project in his the individual's
own
home.
(D) "Asbestos hazard abatement project" means one or more
asbestos hazard abatement activities that are the sum total of
which is in an amount greater than fifty linear feet or fifty
square feet of friable asbestos-containing materials and that is
conducted by one
asbestos hazard abatement contractor and that are
reasonably
related to each other. "Asbestos hazard abatement
project" also includes any such activity involving such friable
asbestos-containing materials in an amount of fifty linear feet or
fifty square feet or less if, when combined with any other
reasonably related activity in terms of time or location of the
activity, the total amount is in an amount greater than fifty
linear feet or fifty square feet.
(E) "Asbestos hazard abatement specialist" means a person
with responsibility for the oversight or supervision of asbestos
hazard abatement activities, including asbestos hazard abatement
project managers, hazard abatement project supervisors and
foremen, and employees of school districts or other governmental
or public entities who coordinate or directly supervise or
oversee
asbestos hazard abatement activities performed by school
district,
governmental, or other public employees in school
district,
governmental, or other public buildings.
(F) "Asbestos hazard evaluation specialist" means a person
responsible for the inspection, identification, detection, and
assessment of
asbestos-containing materials or suspect
asbestos-containing materials, the determination of appropriate
response actions, or the preparation of asbestos management plans
for the purpose of protecting the public health from the hazards
associated with exposure to asbestos, including the performance
of
air and bulk sampling. This category of specialists includes
inspectors,
management planners, health professionals, industrial
hygienists,
private consultants, or other individuals involved in
asbestos
risk identification or assessment or regulatory
activities.
(G) "Business entity" means a partnership, firm,
association,
corporation, sole proprietorship, or other business
concern.
(H) "Public entity" means the state or any of its
political
subdivisions or any agency or instrumentality of
either.
(I) "License" means a document issued by the department of
health to a business entity or public entity affirming that the
entity has met the requirements set forth in this chapter to
engage in asbestos hazard abatement activities projects as an
asbestos
hazard abatement contractor.
(1) A document issued by the department to an individual
affirming that the individual has successfully completed the
training and other requirements set forth in this chapter to
qualify as an asbestos hazard abatement specialist, an asbestos
hazard evaluation specialist, an asbestos hazard abatement
worker,
an asbestos hazard abatement project designer, an
asbestos hazard
abatement air-monitoring technician, an approved
asbestos hazard
training provider, or other category of asbestos
hazard specialist
that the public health council establishes by
rule; or
(2) A document issued by a training institution in
accordance
with rules adopted by the public health council
affirming that an
individual has successfully completed the
instruction required in
all categories as provided in sections
3710.07 and 3710.10 of the
Revised Code.
(K) "Person" means any individual, business entity,
governmental body, or other public or private entity.
(L) "Encapsulate" means to coat, bind, or resurface
asbestos-containing materials on walls,
ceilings, pipes, or other
structures to prevent friable asbestos
from becoming airborne.
(M) "Friable asbestos-containing material" means any
material
that contains more than one per cent asbestos by weight as
determined using the methods specified in 40 C.F.R. Part 763,
Subpart E, Appendix E, Section 1, "Polarized Light Microscopy,"
and that can be crumbled, pulverized, or reduced to powder, when
dry, by hand pressure. "Friable asbestos-containing material"
includes previously non-friable material after that material
becomes damaged to the extent that, when dry, it may be crumbled,
pulverized, or reduced to powder by hand pressure.
(N) "Enclosure" means the permanent confinement of friable
asbestos-containing materials with an airtight barrier in an area
not used as an air plenum.
(O) "Renovation" means the removal or stripping of friable
asbestos-containing materials used on any pipe, duct, boiler,
tank, reactor, turbine, furnace, or load supporting member.
(P) "Asbestos hazard abatement worker" means the person
responsible in a nonsupervisory capacity for the performance of
an
asbestos hazard abatement activity.
(Q) "Asbestos hazard abatement project designer" means the
person responsible for the oversight of an asbestos hazard
abatement activity or the determination of the workscope, work
sequence, or performance standards for an asbestos hazard
abatement activity, including preparation of specifications,
plans, and contract documents.
(R) "Director" means the director of health or his the
director's
authorized representative.
(S) "Clearance air sampling" means an air sampling
performed
after the completion of any asbestos hazard abatement
activity
project and prior to the reoccupation of the contained work area
by the public and conducted for the purpose of protecting the
public from the health hazards associated with exposure to
friable
asbestos-containing material.
(T) "Asbestos hazard abatement air-monitoring technician"
means the person who is responsible for environmental monitoring
or work area clearance air sampling, including air monitoring
performed to determine completion of response actions under the
rules set forth in 40 C.F.R. 763 Subpart E, adopted by the United
States environmental protection agency pursuant to the "Asbestos
Hazard Emergency Response Act of 1986," Pub. L. 99-519, 100 Stat.
2970. "Asbestos hazard abatement air-monitoring technician" does
not mean an industrial hygienist or industrial hygienist in
training, certified by the American board of industrial hygiene.
Sec. 3710.04. (A) To qualify for an asbestos hazard
abatement contractor's license, a business entity or public
entity
shall meet the requirements of this section.
(B) Each employee or agent of the business entity or
public
entity applying for a license who will come in contact
with
asbestos or will be responsible for an asbestos hazard
abatement
project activity shall do both of the following:
(1) Be familiar with all applicable state and federal
standards for asbestos hazard abatement projects;
(2) Have successfully completed the course of instruction
on
asbestos hazard abatement activities, for their particular
certification, approved by the department of health pursuant to
section 3710.10 of the Revised Code, have passed an examination
approved by the department, and demonstrate to the department
that
he the employee or agent is capable of complying with all
applicable standards of
this state, the United States
environmental protection agency,
and the United States
occupational safety and health
administration.
(C) A business entity or public entity applying for an
asbestos hazard abatement contractor's license shall, in addition
to the other requirements of this section, provide at least one
asbestos hazard abatement specialist, certified pursuant to this
chapter and the rules of the public health council adopted
pursuant thereto, for each asbestos hazard abatement project, and
demonstrate to the satisfaction of the department that he all of
the following apply to the
applicant:
(1) Has The applicant has access to at least one asbestos
disposal site
approved by the Ohio environmental protection agency
that is
sufficient for the deposit of all asbestos waste that he
the
applicant will
generate during the term of the license;
(2) Is The applicant is sufficiently qualified to safely
remove asbestos,
demonstrated by reliability as an asbestos hazard
abatement
contractor, possesses a work program that prevents the
contamination or recontamination of the environment and protects
the public health from the hazards of exposure to asbestos,
possesses evidence of certification of each individual employee
or
agent who will be responsible for others who may come in
contact
with friable asbestos-containing materials, possesses
evidence of
training of workers required by section 3710.07 of
the Revised
Code, and has prior successful experience in asbestos
hazard
abatement projects or equivalent qualifications as
determined by
rule by the public health council;
(3) Possesses The applicant possesses a worker protection
program consistent with
requirements established by the public
health council if the
contractor is a public entity, and a worker
protection program
consistent with the requirements of the United
States
occupational safety and health administration if the
contractor
is a business entity;
(4) Is The applicant is registered as a business entity with
the secretary
of state.
(D) No applicant for licensure as an asbestos hazard
abatement contractor, in order to meet the requirements of this
chapter, shall list an employee of another contractor.
(E) The business entity or public entity shall meet any
other
standards that the public health council, by rule, sets.
(F) Nothing in this chapter or the rules adopted pursuant
thereto relating to asbestos hazard abatement project designers
shall be interpreted as authorizing or permitting an individual
who is certified as an asbestos hazard abatement project designer
to perform the services of a registered architect or professional
engineer unless that person is registered under Chapter 4703. or
4733. of the Revised Code to perform such services.
Sec. 3710.05. (A) Except as otherwise provided in this
chapter, no person shall engage in any asbestos hazard abatement
activities in this state unless licensed or certified pursuant to
this chapter.
(B) To apply for licensure as an asbestos hazard abatement
contractor or certification as an asbestos hazard abatement
specialist, an asbestos hazard evaluation specialist, an asbestos
hazard abatement project designer, or an asbestos hazard
abatement
air-monitoring technician, a person shall do all of the
following:
(1) Submit a completed application to the department of
health, on a form provided by the department;
(2) Pay the requisite fee as provided in division (D) of
this
section;
(3) Submit any other information the public health council
by
rule requires.
(C) The application form for a business entity or public
entity applying for an asbestos hazard abatement contractor's
license shall include all of the following:
(1) A description of the protective clothing and
respirators
that the public entity will use to comply with rules
adopted by
the public health council and that the business entity
will use to
comply with requirements of the United States
occupational safety
and health administration;
(2) A description of procedures the business entity or
public
entity will use for the selection, utilization, handling,
removal,
and disposal of clothing to prevent contamination or
recontamination of the environment and to protect the public
health from the hazards associated with exposure to asbestos;
(3) The name and address of each asbestos disposal site
that
the business entity or public entity might use during the
year;
(4) A description of the site decontamination procedures
that
the business entity or public entity will use;
(5) A description of the asbestos hazard abatement
procedures
that the business entity or public entity will use;
(6) A description of the procedures that the business
entity
or public entity will use for handling waste containing
asbestos;
(7) A description of the air-monitoring procedures that
the
business entity or public entity will use to prevent
contamination
or recontamination of the environment and to
protect the public
health from the hazards of exposure to
asbestos;
(8) A description of the final clean-up procedures that
the
business entity or public entity will use;
(9) A list of all partners, owners, and officers of the
business entity along with their social security numbers;
(10) The federal tax identification number of the business
entity or the public entity.
(D) The fees to be charged to each public entity and
business
entity and their employees and agents for licensure,
certification, approval, and renewal of licenses, certifications,
and approvals granted under this chapter, subject to division
(A)(4) of section 3710.02 of the Revised Code, are as follows:
(1) Seven hundred fifty dollars for asbestos hazard abatement
contractors;
(2) Two hundred dollars for asbestos hazard
abatement project
designers;
(3) Fifty dollars for asbestos hazard abatement
workers;
(4) Two hundred dollars for asbestos hazard
abatement
specialists;
(5) Two hundred dollars for asbestos hazard
evaluation
specialists; and
(6) Nine hundred dollars for approval or renewal of
asbestos
hazard training providers.
(E) Notwithstanding division (A) of this section, no
business
entity which engages in asbestos hazard abatement
activities
projects solely at its own place of business is required to be
licensed as an asbestos hazard abatement contractor provided that
the business entity is required to and does comply with all
applicable standards of the United States environmental
protection
agency and the United States occupational safety and
health
administration and provided further that all persons
employed by
the business entity on the activity project meet the
requirements
of this chapter.
Sec. 3710.051. No person asbestos hazard abatement
contractor shall enter into an agreement to
perform any aspect of
an asbestos hazard abatement project unless
the agreement is
written and contains at least all of the
following:
(A) A requirement that all persons working on the project
are
licensed or certified by the department of health as required
by
this chapter;
(B) A requirement that all project clearance levels and
sampling be in accordance with the public health council rules;
(C) A requirement that all clearance air-monitoring be
conducted by asbestos hazard abatement air-monitoring technicians
or asbestos hazard evaluation specialists certified by the
department.
Sec. 3710.06. (A) Within fifteen business days after
receiving an application, the department of health shall
acknowledge receipt of the application and notify the applicant
of
any deficiency in the application. Within sixty calendar days
after receiving a completed application, including all additional
information requested by the department, the department shall
issue a license or certificate or deny the application. The
department shall issue only one license or certificate that is in
effect at one time to a business entity and its principal
officers
and a public entity and its principal officers.
(B)(1) The department shall deny an application if it
determines that the applicant has not demonstrated the ability to
comply fully with all applicable federal and state requirements
and all requirements, procedures, and standards established by
the
public health council in this chapter.
(2) The department shall deny any application for an
asbestos
hazard abatement contractor's license if the applicant
or an
officer or employee of the applicant has been convicted of
a
felony or found liable in a civil proceeding under any state or
federal law designed to protect the
environment.
(3) The department shall send all denials of an
application
by certified mail to the applicant. If the
department receives a
timely request for a hearing from the
applicant, as provided in
division (D) of section 3710.13 of the
Revised Code, the
department shall hold a hearing in accordance
with Chapter 119. of
the Revised Code.
(C) In an emergency that results from a sudden, unexpected
event that is not a planned asbestos hazard abatement project,
the
department may waive the requirements for a license or
certificate. For the purposes of this division, "emergency"
includes operations necessitated by nonroutine failures of
equipment or by actions of fire and emergency medical personnel
pursuant to duties within their official capacities. Any person
who performs an asbestos hazard abatement activity project under
emergency conditions shall notify the director within three days
after performance thereof.
(D) Each license or certificate issued under this chapter
expires one year after the date of issue, but each licensee or
certificate holder may apply to the department for the extension
of his the holder's license or certificate under the standard
renewal
procedures of Chapter 4745. of the Revised Code.
To qualify for renewal of a license or certificate issued
under this chapter, each licensee or certificate holder shall
send
the appropriate renewal fee set forth in division (D) of
section
3710.05 of the Revised Code or as adopted by rule by the
public
health council pursuant to division (A)(4) of section
3710.02 of
the Revised Code.
Certificate holders also shall successfully complete an
annual renewal course approved by the department pursuant to
section 3710.10 of the Revised Code.
(E) The department may charge a fee in addition to those
specified in division (D) of section 3710.05 of the Revised Code
or in rule of the public health council pursuant to division
(A)(4) of section 3710.02 of the Revised Code if the licensee or
certificate holder applies for renewal after the expiration
thereof or requests a reissuance of any license or certificate,
provided that no such fee shall exceed the original fees by more
than fifty per cent.
Sec. 3710.07. (A) Prior to engaging in any asbestos
hazard
abatement project, an asbestos hazard abatement contractor
shall
do all of the following:
(1) Prepare a written respiratory protection program as
defined by the public health council pursuant to rule, and make
the program available to the department of health, and workers at
the job site if the contractor is a public entity or prepare a
written respiratory protection program, consistent with 29 C.F.R.
1910.134 and make the program available to the department, and
workers at the job site if the contractor is a business entity;
(2) Ensure that each worker who will be involved in any
asbestos hazard abatement project has been examined within the
preceding year and has been declared by a physician to be
physically capable of working while wearing a respirator;
(3) Ensure that each of the contractor's employees or
agents
who will
come in contact with asbestos-containing materials or
will be
responsible for an asbestos hazard abatement project
receives the
appropriate certification or licensure required by
this chapter
and completes both of the following training courses:
(a) An initial course approved by the department pursuant
to
section 3710.10 of the Revised Code, completed before engaging
in
any asbestos hazard abatement project activity; and
(b) An annual review course approved by the department
pursuant to section 3710.10 of the Revised Code.
(B) After obtaining or renewing a license, an asbestos
hazard
abatement contractor shall notify the department, on a
form
approved by the director of health, at least ten days before
beginning each asbestos hazard abatement project conducted during
the term of the contractor's license.
(C) In addition to any other fee imposed under this
chapter,
an asbestos hazard abatement contractor shall pay, at
the time of
providing notice under division (B) of this section,
the
department a fee of sixty-five dollars for each asbestos
hazard
abatement project conducted.
Sec. 3710.08. (A) An asbestos hazard abatement contractor
engaging in any asbestos hazard abatement project shall, during
the course of the project:
(1) Conduct each project in a manner that is in compliance
with the requirements the director of environmental protection
adopts pursuant to section 3704.03 of the Revised Code and the
asbestos requirements of the United States occupational safety
and
health administration set forth in 29 C.F.R. 1926.58 1926.1101;
(2) Comply with all applicable rules adopted by the public
health council pursuant to section 3710.02 of the Revised Code.
(B) An asbestos hazard abatement contractor that is a
public
entity shall:
(1) Provide workers with protective clothing and equipment
and ensure that the workers involved in any asbestos hazard
abatement project use the items properly. Protective clothing
and
equipment shall include:
(a) Respirators approved by the national institute of
occupational safety and health. These respirators shall be fit
tested in accordance with requirements of the United States
occupational safety and health administration set forth in 29
C.F.R. 1926.58(h) 1926.1101(h). At the request of an employee, the
asbestos
hazard abatement contractor shall provide the employee
with a
powered air purifying respirator, in which case, the
testing
requirements of division (B)(1)(a) of this section do not
apply.
(b) Items required by the public health council by rule as
provided in division (A)(7) of section 3710.02 of the Revised
Code.
(2) Comply with all applicable standards of conduct and
requirements adopted by the public health council and the
director
of health pursuant to section 3710.02 of the Revised
Code.
(C) An asbestos hazard abatement specialist engaging in
any
asbestos hazard abatement project activity shall, during the
course of
the project activity do all of the following:
(1) Conduct each project activity in a manner that will meet
decontamination procedures, project containment procedures, and
asbestos fiber dispersal methods as provided in division (A)(6)
of
section 3710.02 of the Revised Code;
(2) Ensure that workers utilize, handle, remove, and
dispose
of the disposable clothing provided by abatement
contractors in a
manner that will prevent contamination or
recontamination of the
environment and protect the public health
from the hazards of
exposure to asbestos;
(3) Ensure that workers utilize protective clothing and
equipment and comply with the applicable health and safety
standards set forth in division (A) of this section 3710.08 of the
Revised Code;
(4) Ensure that there is no smoking, eating, or drinking
in
the work area;
(5) Comply with all applicable standards of conduct and
requirements adopted by the public health council and director of
health pursuant to section 3710.02 of the Revised Code.
(D) An asbestos hazard evaluation specialist engaged in
the
identification, detection, and assessment of
asbestos-containing
materials, the determination of appropriate
response actions, or
other activities associated with an
abatement project or the
preparation of management plans, shall
comply with the applicable
standards of conduct and requirements
adopted by the public health
council and the director of health
pursuant to section 3710.02 of
the Revised Code.
(E) Every asbestos hazard abatement worker shall comply
with
all applicable standards adopted by the public health
council
pursuant to section 3710.02 of the Revised Code.
(F) The department may, on a case-by-case basis, approve
an
alternative to the worker protection requirements of divisions
(A), (B), and (C) of this section for an asbestos hazard
abatement
project conducted by a public entity, provided that the
asbestos
hazard abatement contractor submits the alternative
procedure to
the department in writing and demonstrates to the
satisfaction of
the department that the proposed alternative
procedure provides
equivalent worker protection.
Sec. 3710.12. Subject to the hearing provisions of this
chapter, the department of health may deny, suspend, or revoke
any
license or certificate, or renewal thereof, if the licensee
or
certificate holder:
(A) Fraudulently or deceptively obtains or attempts to
obtain
a license or certificate;
(B) Fails at any time to meet the qualifications for a
license or certificate;
(C) Is violating or threatening to violate any provisions
of
one of the following:
(1) This chapter or the rules of the public health council
or
director of health adopted pursuant thereto;
(2) The "National Emission Standard for Hazardous Air
Pollutants" regulations of the United States environmental
protection agency as the regulations pertain to asbestos; or
(3) The regulations of the United States occupational
safety
and health administration as the regulations pertain to
asbestos;
(4) The regulations set forth in 40 C.F.R. Part 763 that were
adopted by the United States environmental protection agency
pursuant to Title II of the "Toxic Substances Control Act," Pub.
L. No. 94-469, 90 Stat. 2003, as amended by the "Asbestos Hazard
Emergency Response Act of 1986," Pub. L. No. 99-519, 100 Stat.
2970.
Sec. 3710.13. (A) Except as otherwise provided in Chapter
119. of the Revised Code or this section, before the department
of
health takes any action under section 3710.12 of the Revised
Code,
it shall give the licensee or certificate holder against
whom
action is contemplated an opportunity for a hearing.
Except as otherwise provided in this section, the
department
shall give notice and hold the hearing in accordance
with Chapter
119. of the Revised Code.
(B) The department, without notice or hearing and in
accordance with the rules of the public health council, may issue
an order requiring any action necessary to meet a public health
emergency involving asbestos. Any person to whom an order is
directed shall immediately comply with the order. Upon
application
to the director of health, the person shall be
afforded a hearing
as soon as possible, but no more than twenty
days after receipt of
the application by the director.
(C) If the director determines, pursuant to division (B)
of
this section, that a public health emergency exists, he the
director may
order, without a hearing, the denial, suspension, or
revocation
of any license or certificate issued under this chapter
of the
parties involved, provided that an opportunity for a
hearing is
provided to the affected party as soon as reasonably
possible.
(D) All proceedings under this chapter are subject to
Chapter
119. of the Revised Code, except that:
(1) Upon the request of a licensee or certificate holder,
the
location of an adjudicatory hearing is the county seat of the
county in which the licensee or certificate holder conducts
business.
(2) The director shall notify, by certified mail or
personal
delivery, a licensee or certificate holder that he the
licensee or
certificate holder is
entitled to a hearing if he the licensee or
certificate holder
requests it, in writing, within ten business
days of the time that he the licensee or certificate holder
receives the notice. If the licensee or
certificate holder
requests such a hearing, the director shall
set the hearing date
no later than ten business days after the director
receives the
request.
(3) The director shall not apply for or receive a
postponement or continuation of an adjudication hearing. If a
licensee or certificate holder requests a postponement or
continuation of an adjudication hearing, the director only shall
grant the request if the licensee or certificate holder
demonstrates extreme hardship in complying with the hearing date.
If the director grants a postponement or continuation on the
grounds of extreme hardship, the director shall include in the
record of the case, the nature and cause of the extreme hardship.
(4) In lieu of an adjudicatory hearing required by this
chapter, a licensee or certificate holder, by no later than the
date set for a hearing pursuant to division (A)(3)(2) of this
section, may by written request to the director, request that the
matter be resolved by the licensee or certificate holder
submitting documents, papers, and other written evidence to the
director to support his the licensee's or certificate holder's
claim.
(5) If the director appoints a referee or an examiner to
conduct a hearing, all of the following apply:
(a) The examiner or referee shall serve, by certified mail
and within three business days of the conclusion of the hearing,
a
copy of the written adjudication report and his the referee's or
examiner's
recommendations, on the director and the affected
licensee or
certificate holder or the licensee's or certificate
holder's
attorney or other representative of record.
(b) The licensee or certificate holder, within three
business
days of receipt of the report under division (D)(5)(a)
of this
section, may file with the director written objections to
the
report and recommendations.
(c) The director shall consider any objections received
under
division (D)(5)(b) of this section prior to approving,
modifying,
or disapproving the report and recommendations.
Within six
business days of receiving the report under division
(D)(5)(a) of
this section, the director shall serve his the
director's order,
by
certified mail or personal delivery, on the affected licensee
or certificate holder or
the licensee's or certificate holder's
attorney or other
representative of record.
(6) If the director conducts an adjudicatory hearing under
this chapter, he the director shall serve his the
director's
decision, by certified mail or personal delivery and
within three
business days of the conclusion of the hearing, on
the affected
licensee or certificate holder or the licensee's or
certificate
holder's attorney or other representative of record.
(7) If no hearing is held, the director shall issue an
order,
by certified mail or personal delivery and within three business
days of the
last date possible for a hearing, based upon the
record available
to him the director, to the affected licensee or
certificate
holder or the
licensee's or certificate holder's
attorney or other
representative of record.
(8) A licensee or certificate holder shall file a notice
of
appeal to an adverse adjudication decision within fifteen days
after receipt of the director's order.
Sec. 3710.141. The director of health may issue an order
requiring any action necessary to meet a public health emergency
involving asbestos. Any unlicensed or uncertified person to whom
an order is directed shall comply immediately with the order. If
immediate action to comply with the order and correct the
emergency is not taken, the attorney general at the request of the
director may commence a civil action for civil penalties and
injunctions in accordance with section 3710.14 of the Revised
Code.
Sec. 3712.03. (A) In accordance with Chapter 119. of the
Revised Code, the public health council shall adopt, and may
amend
and rescind, rules:
(1) Providing for the licensing of persons or public
agencies
providing hospice care programs within this state by the
department of health and for the suspension and revocation of
licenses;
(2) Establishing a license fee and license renewal fee not
to, neither of which shall, except as provided in division (B) of
this section, exceed three six hundred dollars. The fees shall
cover the
three-year period during which an existing license is
valid as
provided in division (B) of section 3712.04 of the
Revised Code.
(3) Establishing an inspection fee not to exceed, except as
provided in division (B) of this section, one thousand seven
hundred fifty dollars;
(4) Establishing requirements for hospice care program
facilities and services;
(5) Providing for a waiver of the requirement for the
provision of physical, occupational, or speech or language
therapy
contained in division (A)(2) of section 3712.01 of the
Revised
Code when the requirement would create a hardship because
such
therapy is not readily available in the geographic area
served by
the provider of a hospice care program;
(6) Providing for the granting of licenses to provide
hospice
care programs to persons and public agencies that are
accredited
or certified to provide such programs by an entity
whose standards
for accreditation or certification equal or
exceed those provided
for licensure under this chapter and rules
adopted under it; and
(7) Establishing interpretive guidelines for each rule.
(B) Subject to the approval of the controlling board, the
public health council may establish fees in excess of the maximum
amounts
provided by sections 3712.01 and 3712.03 to 3712.06 of the
Revised Code specified in this section,
provided that the fees do
not exceed those amounts by greater
than fifty per cent.
(C) The department of health shall:
(1) Grant, suspend, and revoke licenses for hospice care
programs in accordance with this chapter and rules adopted under
it;
(2) Make such inspections as are necessary to determine
whether hospice care program facilities and services meet the
requirements of this chapter and rules adopted under it; and
(3) Implement and enforce this chapter and rules adopted
under it.
Sec. 3713.01. As used in sections 3713.01 to
3713.10 of the
Revised Code:
(A) "Person"
has the same meaning as used in division (C) of
section 1.59 of the Revised Code and also means
any limited
company, limited liability partnership, joint stock company, or
other association.
(B) "Bedding" means any upholstered furniture, any
mattress,
upholstered spring, comforter, bolster,
pad, cushion,
pillow,
mattress protector, quilt, and any other
upholstered
article, to
be used for
sleeping, resting, or
reclining purposes,
and any
glider, hammock, or other
substantially similar article
that is
wholly or partly
upholstered.
(C)
"Secondhand" means any article, or
material, or portion
thereof of
which
prior use
has been made in any manner
whatsoever.
(D) "Remade, repaired, or renovated articles
not for sale"
means
any article
that is remade,
repaired, or renovated for and
is
returned to the owner for
the owner's own use.
(E) "Sale," "sell," or "sold" shall, in the corresponding
tense, mean sell,
offer to sell, or deliver or consign in sale, or
possess with intent to sell,
or deliver in sale.
(F) "Upholstered furniture" means any article of
furniture
wholly or partly
stuffed or filled with material and
that is used
or intended for use for
sitting, resting, or
reclining purposes.
(G) "Stuffed toy" means any article intended for use
as a
plaything
or for an educational or
recreational purpose that is
wholly or partially stuffed with
material.
(H) "Tag" or "label" means any material prescribed by the
superintendent of industrial compliance labor to be attached to an
article that contains information required under this
chapter.
Sec. 3713.02. (A) Except as provided in section 3713.05 of
the Revised Code, no person shall import, manufacture, renovate,
wholesale,
or reupholster stuffed toys or articles of bedding in
this state
without first registering to do so with the
superintendent of
industrial compliance labor in accordance with
section
3713.05 of the
Revised Code.
(B) No person shall manufacture, offer for sale, sell,
deliver, or possess for the purpose of manufacturing, selling, or
delivering, an article of bedding or a stuffed toy that is not
labeled in accordance with section 3713.08 of the Revised Code.
(C) No person shall manufacture, offer for sale, sell,
deliver, or possess for the purpose of manufacturing, selling, or
delivering, an article of bedding or a stuffed toy that is falsely
labeled.
(D) No person shall sell or offer for sale any secondhand
article of bedding or any secondhand stuffed toy that has not been
sanitized in accordance with section 3713.08 of the Revised Code.
(E) The possession of any article of bedding or stuffed toy
in the course of business by a person required to obtain
registration under this chapter, or by that person's agent or
servant shall be prima-facie evidence of the person's intent to
sell the article of bedding or stuffed toy.
Sec. 3713.03. The superintendent of industrial compliance
labor in
the department of commerce shall administer and enforce
this
chapter.
Sec. 3713.04.
(A) In accordance
with Chapter 119. of the
Revised Code, the superintendent of
industrial compliance labor
shall:
(1) Adopt rules pertaining to the definition, name, and
description of materials necessary to carry out this chapter;
(2) Determine the testing standards, fees, and charges to
be
paid for making any test or analysis required pursuant to
section
3713.08 of the Revised Code.
(B) In accordance with Chapter 119. of the Revised Code, the
superintendent may adopt rules regarding the following:
(1) Establishing an initial application fee or an annual
registration renewal fee not more than fifty per cent higher than
the
fees set forth in section 4713.05 of the Revised Code;
(2) Establishing standards, on a reciprocal basis, for the
acceptance of labels and laboratory analyses from other states
where the labeling requirements and laboratory analysis standards
are substantially equal to the requirements of this state,
provided the other state extends similar reciprocity to labels and
laboratory analysis conducted under this chapter;
(3) Any other rules necessary to administer and carry out
this chapter.
(C) The superintendent may do any of the following:
(1) Issue administrative orders, conduct hearings, and take
all actions necessary under the authority of Chapter 119. of the
Revised Code for the administration of this chapter. The
authority
granted under this division shall include the authority
to
suspend, revoke, or deny registration under this chapter.
(2) Establish and maintain facilities within the department
of commerce to make tests and analysis of materials used in the
manufacture of bedding and stuffed toys. The superintendent also
may designate established laboratories in various sections of the
state that are qualified to make these tests. If the
superintendent exercises this authority, the superintendent shall
adopt rules to determine the fees and charges to be paid for
making the tests or analyses authorized under this section.
(3) Exercise such other powers and duties as are necessary
to
carry out the purpose and intent of this chapter.
Sec. 3713.05. (A) Applications to register to import,
manufacture, renovate, wholesale, make, or reupholster stuffed
toys or bedding in
this state shall be made in writing on forms
provided by the
superintendent of industrial compliance labor. The
application shall be
accompanied by a registration fee of fifty
dollars per person
unless the applicant engages only in
renovation, in which case the
registration fee shall be
thirty-five dollars.
(B) Upon receipt of the application and the appropriate fee,
the superintendent shall register the applicant and assign a
registration number to the registrant.
(C) Notwithstanding section 3713.02 of the Revised Code and
division (A) of this section, the following are exempt from
registration:
(1) An organization described in section 501(c)(3) of the
"Internal Revenue Code of 1986," and exempt from income tax under
section 501(a) of that code and that is operated exclusively to
provide recreation or social services;
(2) A person who is not regularly engaged in the business of
manufacturing, making, wholesaling, or importing stuffed toys but
who manufactures or makes stuffed toys as a leisure pursuit and
who
sells one hundred or fewer stuffed toys within one calendar
year;
(3) A person who is not regularly engaged in the business of
manufacturing, making, wholesaling, or importing quilts,
comforters, pillows, or cushions, but who manufactures or makes
these items as a leisure pursuit and who sells five or fewer
quilts, ten or fewer comforters, or twenty or fewer pillows or
cushions within one calendar year.
(D) Notwithstanding division (C)(2) or (3) of this section,
a
person exempt under that division must attach a label to each
stuffed toy that contains all of the following information:
(1) The person's name and address;
(2) A statement that the person is not registered by the
state of Ohio;
(3) A statement that the contents of the product have not
been inspected.
Sec. 3713.06. (A) Any person required to register under
division (A) of section 3713.02 of the Revised Code who imports
bedding or stuffed
toys into this state for retail sale or use in
this state and any
person required to register under division (A)
of section 3713.02 of the Revised Code who manufactures bedding or
stuffed toys in this state for
retail sale or use in this state
shall submit a report to the
superintendent of industrial
compliance labor, in a form and manner
prescribed by the
superintendent.
The form shall be submitted
once
every six months
and shall show
the total number of items of
bedding or stuffed
toys imported into
this state or manufactured
in this state. Each
report shall be
accompanied by a fee of four
cents for each item
of bedding or
stuffed toy imported into this
state or manufactured
in this
state.
(B) Every importer, manufacturer, or wholesaler of stuffed
toys or articles of bedding, and every mobile home and
recreational vehicle dealer, conversion van dealer, secondhand
dealer, and auction house shall retain records, designated by the
superintendent in rule, for the time period established in rule.
(C) Every importer, manufacturer, or wholesaler of stuffed
toys or articles of bedding, and every mobile home and
recreational vehicle dealer, conversion van dealer, secondhand
dealer, and auction house shall make sufficient investigation of
its records to ensure that the information reported to the
superintendent under division (A) of this section is accurate.
Sec. 3713.07. (A) Registration obtained under this chapter
expires annually on the last day of the month in the month that
the registration was obtained. The superintendent of industrial
compliance labor shall renew the registration in accordance with
Chapter
4745. of the Revised Code.
(B) Failure on the part of any registrant to renew
registration prior to its expiration, when notified as required in
this section, shall not deprive the person of the right to renewal
within the ninety days that follow expiration, but the fee to be
paid for renewal after its expiration shall be one hundred dollars
plus the standard registration fee for the registrant.
(C) If a registrant fails to renew registration within ninety
days of the date that it expired, the former registrant shall
comply with the registration requirements under section 3713.05 of
the Revised Code to obtain valid registration.
Sec. 3713.08. (A) All persons required to register under
division (A) of section 3713.02 of the Revised Code manufacturing,
making, or
wholesaling bedding or stuffed toys, or both, that are
sold or
offered for sale shall have the material content of their
products
tested and analyzed at an established laboratory
designated by the
superintendent of industrial compliance labor
before
the bedding or
stuffed toys are sold or offered for sale.
(B) Every stuffed toy or item of bedding sold or offered for
sale shall have a label affixed to it that reports the contents of
the stuffed toy or bedding material in conformity with
requirements established by the superintendent, a registration
number, and any other identifying information as required by the
superintendent.
(C) The seller of any secondhand articles of bedding or
stuffed toys shall sanitize all items in accordance with rules
established by the superintendent prior to the sale of or the
offering for sale of any secondhand articles.
(D) This section does not apply to any of the following:
(1) Persons who meet the qualifications of division (C)(2)
or
(3) of section 3713.05 of the Revised Code;
(2) The sale of furniture more than fifty years old;
(3) The sale of furniture from the home of the owner
directly
to the purchaser.
Sec. 3713.09. (A) The superintendent of industrial
compliance
labor may appoint inspectors and periodically inspect and
investigate any establishment where bedding or stuffed toys are
manufactured, made, remade, renovated, repaired, sanitized, sold,
or offered for sale, or where previously used material is
processed for use in the manufacture of bedding or stuffed toys.
(1) Each inspector shall make a written report to the
superintendent of each examination and inspection complete with
the inspector's findings and recommendations. Inspectors
may
place
"off sale" any article of bedding or stuffed toy offered
for
sale,
or found in the possession of any person with the intent
to
sell,
in violation of section 3713.02 of the Revised Code.
Inspectors
shall
perform other duties related to inspection and
examination
as
prescribed by the superintendent.
(2) When articles are placed "off sale" under division (A)(1)
of this section, they shall be tagged, and the tag shall not be
removed except by an authorized representative of the division of
industrial compliance labor after the violator demonstrates to the
satisfaction of the superintendent proof of compliance with the
requirements of section 3713.08 of the Revised Code.
(B)(1) When an inspector has cause to believe that any
bedding or stuffed toy is not tagged or labeled in accordance with
section 3713.08 of the Revised Code, the inspector may open any
seam of the bedding or
stuffed toy in question to examine the
material used or contained
within it and take a reasonable amount
of the material for testing
and analysis and, if necessary,
examine any and all purchase
records in order to determine the
contents or the kind of material
used in the bedding or stuffed
toy in question. An inspector
may seize and hold evidence of any
article of bedding, stuffed
toy, or material manufactured, made,
possessed, renovated, remade,
or repaired, sold, or offered for
sale contrary to this chapter.
(2) Immediately after seizing articles believed to be in
violation of this chapter, the inspector immediately shall
report
the seizure to the superintendent. The superintendent
shall hold
a
hearing in accordance with Chapter 119. of the
Revised Code or
make a ruling in the matter. If the
superintendent finds that the
article of bedding, stuffed toy, or
material is not in violation
of this chapter, the superintendent
shall order the item or items
returned to the owner. If the
superintendent finds a violation of
this chapter, the superintendent may do
either of the following:
(a) Return the articles to the owner for proper treatment,
tagging or labeling, or other action as ordered by the
superintendent, subject to the requirement that the articles be
reinspected at cost to the owner, prior to being sold or offered
for sale;
(b) Report the violation to the appropriate prosecuting
attorney or city law director.
(C) The superintendent, at reasonable times and upon
reasonable notice, may examine or cause to be examined the records
of any importer, manufacturer, or wholesaler of stuffed toys or
articles of bedding, mobile home and recreational vehicle dealer,
conversion van dealer, secondhand dealer, or auction house to
determine compliance with this chapter. The superintendent may
enter into contracts, pursuant to procedures prescribed by the
superintendent, with persons to examine these records to determine
compliance with this chapter. These persons may collect and remit
to the superintendent any amounts due under this chapter.
(D) Records audited pursuant to division (C) of this section
are confidential and shall not be disclosed except as required by
section 149.43 of the Revised Code, or as the superintendent finds
necessary for the proper administration of this chapter.
(E) In the case of any investigation or examination, or both,
that requires investigation or examination outside of this state
of any importer, manufacturer, or wholesaler of stuffed toys or
articles of bedding, or of any mobile home or recreational vehicle
dealer, conversion van dealer, secondhand dealer, or auction
house, the superintendent may require the investigated or examined
person to pay the actual expense of the investigation or
examination. The superintendent shall provide an itemized
statement of actual expenses to the investigated or examined
person.
(F) Whenever the superintendent has reason to believe, from
the superintendent's own information, upon complaint, or
otherwise, that any person has engaged in, is engaging in, or is
about to engage in any practice prohibited by this chapter, or
when the superintendent has reason to believe that it is necessary
for public health and safety, the superintendent may do any of the
following:
(1) Investigate violations of this chapter, and for that
purpose, may subpoena witnesses in connection with the
investigation. The superintendent may make application to the
appropriate court of common pleas for an order enjoining the
violation of this chapter, and upon a showing by the
superintendent that any registrant or person acting in a manner
that requires registration has violated or is about to violate
this chapter, an injunction, restraining order, or other order as
may be appropriate shall be granted by the court.
(2) Compel by subpoena the attendance of witnesses to testify
in relation to any matter over which the superintendent has
jurisdiction and that is the subject of inquiry and investigation
by the superintendent, and require the production of any book,
paper, or document pertaining to the matter. In case any person
fails to file any statement or report, obey any subpoena, give
testimony, or produce any books, records, or papers as required by
a subpoena, the court of common pleas of any county in the state,
upon application made to it by the superintendent, shall compel
obedience by attachment proceedings for contempt.
(3) Suspend or revoke the registration of any importer,
manufacturer, or wholesaler of stuffed toys or articles of
bedding, mobile home or recreational vehicle dealer, conversion
van dealer, secondhand dealer, or auction house;
(4) Submit evidence of the violation or violations to any
city prosecutor, city director of law, or prosecuting attorney
with authority to prosecute. If the city prosecutor, city
director
of law, or prosecuting attorney with authority to
prosecute fails
to prosecute, the superintendent shall submit the
evidence to the
attorney general who may proceed with the
prosecution.
Sec. 3713.10.
All money collected under this chapter shall
be
deposited into the state treasury to the credit of the
industrial compliance labor operating fund created under section
121.084
of the Revised Code.
Sec. 3714.07. (A)(1) For the purpose of assisting boards of
health
and the environmental protection agency in administering
and enforcing this
chapter and rules adopted under it, there is
hereby levied on the disposal of
construction and demolition
debris at a construction and demolition debris facility that is
licensed under this chapter or at a solid waste facility that is
licensed under Chapter 3734. of the Revised Code a
fee of thirty
cents per cubic yard or
sixty cents per
ton,
as
applicable.
(2) The owner or operator of a construction and demolition
debris facility or a solid waste facility shall
determine
if cubic
yards or tons will be used as the unit of
measurement. In
estimating the fee based on cubic yards, the owner or
operator
shall
utilize either
the maximum cubic yard capacity of the
container, or the
hauling volume of the
vehicle, that transports
the construction
and demolition debris to the facility or the
cubic yards actually logged for disposal by the owner or operator
in accordance with rules adopted under section 3714.02 of the
Revised Code. If basing the fee on
tonnage, the owner or operator
shall use certified scales to
determine the tonnage of
construction and demolition debris that
is transported to the
facility for disposal.
(3) The owner or operator of a construction and demolition
debris
facility
or a solid waste facility shall collect the fee
levied under division (A) of this section as a
trustee for the
health
district having jurisdiction over the
facility, if that
district is on the
approved list under section
3714.09 of the
Revised Code, or
for the state. The owner or
operator shall
prepare and file with the
appropriate board of
health or the
director of environmental protection
monthly returns
indicating
the total volume or weight, as applicable, of construction and
demolition
debris
received for disposal at the facility and the
total amount of
money
required to be collected on the construction
and demolition
debris disposed of
during that month. Not later
than thirty days
after the last day of the month to which the
return applies, the
owner or
operator shall mail to the board of
health or the
director the return for that
month together with the
money
required to be collected on the construction
and demolition
debris
disposed of during that month or may submit the return and
money electronically in a manner approved by the director. The
owner or
operator may request,
in writing, an extension of not
more than thirty days
after the
last day of the month to which the
return applies. A request for
extension may be denied. If the
owner or operator submits the
money late, the owner or operator
shall pay a penalty of
ten per cent
of the amount of the money due
for each
month that it is late.
(4) Of the money that is collected from a construction and
demolition debris facility or a solid waste facility on a per
cubic yard or per ton basis
under
this section, a board of health
shall transmit three cents per
cubic
yard or six cents per ton, as
applicable, to the director
not
later than forty-five days after
the receipt of the money.
The money retained by a board of health
under this
section shall
be paid into a special fund, which is
hereby created in each
health district, and used solely to
administer and enforce this
chapter and rules adopted under it.
The director shall transmit all money received from the
boards of health of health districts under this section and all
money from the disposal fee collected by the director under this
section to
the treasurer of state to be credited to the
construction and
demolition debris facility oversight fund, which
is hereby
created in the state treasury. The
fund shall be
administered by the
director, and money credited to the fund
shall
be used
exclusively for the administration and enforcement
of this
chapter and rules adopted under it.
(B) The board of health of
a health district or the director
may enter into an agreement with the owner
or
operator of a
construction and demolition debris facility
or a solid waste
facility for
the quarterly
payment of the money collected from the
disposal
fee. The board
of health shall notify the director of any
such agreement.
Not
later than forty-five days after receipt of
the quarterly payment,
the board of health shall transmit the
amount established in division (A)(4) of this section to the
director. The
money
retained by the board of health shall be
deposited in the
special
fund of the district as required under
that division. Upon receipt of the money from a board of
health,
the
director shall transmit the money to the treasurer
of state to
be credited to the construction and demolition debris
facility
oversight fund.
(C) If a construction and demolition debris facility or a
solid waste facility is
located
within
the territorial boundaries
of a municipal
corporation or the
unincorporated area of a
township, the
municipal corporation or township
may appropriate up
to four
cents
per cubic yard or up to eight cents
per ton of the
disposal
fee
required to be paid by the facility under division
(A)
of this
section for the same purposes that a municipal
corporation or
township may levy a fee under division (C) of
section
3734.57 of
the Revised Code.
The legislative authority of the municipal corporation or
township may appropriate the money from the fee by
enacting an
ordinance or adopting a resolution establishing the amount
of the
fee to be
appropriated. Upon doing so, the
legislative authority
shall mail
a certified copy of the
ordinance or resolution to the
board of
health of the health
district in which the construction
and
demolition debris
facility or the solid waste facility is
located or, if the facility is
located in a health
district that
is not on the approved list
under section
3714.09 of the Revised
Code, to the director. Upon
receipt of the copy of the ordinance
or resolution and not later
than forty-five days after receipt of
money collected from the
fee,
the board or the director, as
applicable, shall
transmit to
the treasurer or other appropriate
officer of the municipal
corporation or clerk of the township that
portion of the money
collected from the disposal fee by the owner
or operator of the
facility that is
required by the ordinance or
resolution to be paid to
that
municipal corporation or township.
Money received by the treasurer or other appropriate officer
of
a municipal corporation under this division shall be paid into
the general fund of the municipal corporation. Money received
by
the clerk of a township under this division shall be paid
into the
general fund of the township. The treasurer or
other officer of
the municipal corporation or the clerk of the
township, as
appropriate, shall maintain separate records of the
money
received
under this division.
The legislative authority of a municipal corporation or
township may cease collecting money under this division by
repealing the ordinance or resolution that was enacted or adopted
under
this division.
The director shall adopt rules in accordance with Chapter
119. of the Revised Code establishing requirements for prorating
the amount of the fee that may be appropriated under this division
by a municipal corporation or township in which only a portion of
a construction and demolition debris facility is located within
the territorial boundaries of the municipal corporation or
township.
(D) The board of county commissioners of a county in which a
construction and demolition debris facility or a solid waste
facility is located may appropriate up to three cents per cubic
yard or up to six cents per ton of the disposal fee required to be
paid by the facility under division (A) of this section for the
same purposes that a solid waste management district may levy a
fee under division (B) of section 3734.57 of the Revised Code.
The board of county commissioners may appropriate the money
from the fee by adopting a resolution establishing the amount of
the fee to be appropriated. Upon doing so, the board of county
commissioners shall mail a certified copy of the resolution to the
board of health of the health district in which the construction
and demolition debris facility or the solid waste facility is
located or, if the facility is located in a health district that
is not on the approved list under section 3714.09 of the Revised
Code, to the director. Upon receipt of the copy of the resolution
and not later than forty-five days after receipt of money
collected from the fee, the board of health or the director, as
applicable, shall transmit to the treasurer of the county that
portion of the money collected from the disposal fee by the owner
or operator of the facility that is required by the resolution to
be paid to that county.
Money received by a county treasurer under this division
shall be paid into the general fund of the county. The county
treasurer shall maintain separate records of the money received
under this division.
A board of county commissioners may cease collecting money
under this division by repealing the resolution that was adopted
under this division.
(E)(1) This section does not apply to the disposal of
construction and demolition debris at a solid waste facility that
is licensed under Chapter 3734. of the Revised Code if there is no
construction and demolition debris facility licensed under this
chapter within thirty-five miles of the solid waste facility as
determined by a facility's property boundaries.
(2) This section does not apply to the disposal of
construction and demolition debris at a solid waste facility that
is licensed under Chapter 3734. of the Revised Code if the owner
or operator of the facility chooses to collect fees on the
disposal of the construction and demolition debris that are
identical to the fees that are collected under Chapters 343. and
3734. of the Revised Code on the disposal of solid wastes at that
facility.
(3) This section does not apply to the disposal of source
separated materials that are exclusively composed of reinforced or
nonreinforced concrete, asphalt, clay tile, building or paving
brick, or building or paving stone at a construction and
demolition debris facility that is licensed under this chapter
when either of the following applies:
(a) The materials are placed within the limits of
construction and demolition debris placement at the facility as
specified in the license issued to the facility under section
3714.06 of the Revised Code, are not placed within the unloading
zone of the facility, and are used as a fire prevention measure in
accordance with rules adopted by the director under section
3714.02 of the Revised Code.
(b) The materials are not placed within the unloading zone of
the facility or within the limits of construction and demolition
debris placement at the facility as specified in the license
issued to the facility under section 3714.06 of the Revised Code,
but are used as fill material, either alone or in conjunction with
clean soil, sand, gravel, or other clean aggregates, in legitimate
fill operations for construction purposes at the facility or to
bring the facility up to a consistent grade.
Sec. 3714.073. (A) In addition to the fee levied under
division (A)(1) of section 3714.07 of the Revised Code, beginning
July 1, 2005 2009, there is hereby levied on the disposal of
construction and demolition debris at a construction and
demolition debris facility that is licensed under this chapter or
at a solid waste facility that is licensed under Chapter 3734. of
the Revised Code the following fees:
(1) A fee of twelve one dollar and one-half twenty-five cents
per cubic yard or twenty-five two dollars and fifty cents per ton,
as applicable, the proceeds of which shall be deposited in the
state treasury to the credit of the soil and water conservation
district assistance fund created in section 1515.14 of the Revised
Code;
(2) A fee of thirty-seven and one-half cents per cubic yard
or seventy-five cents per ton, as applicable, the proceeds of
which shall be deposited in the state treasury to the credit of
the recycling and litter prevention fund created in section
1502.02 of the Revised Code;
(3) A fee of twenty-two and one-half cents per cubic yard or
forty-five cents per ton, as applicable, the proceeds of which
shall be deposited in the state treasury to the credit of the
environmental protection fund created in section 3745.015 of the
Revised Code.
(B) The owner or operator of a construction and demolition
debris facility or a solid waste facility, as a trustee of the
state, shall collect the fees levied under this section and remit
the money from the fees in the manner that is established in
divisions (A)(2) and (3) of section 3714.07 of the Revised Code
for the fee that is levied under division (A)(1) of that section
and may enter into an agreement for the quarterly payment of the
fees in the manner established in division (B) of that section for
the quarterly payment of the fee that is levied under division
(A)(1) of that section.
(C) The money that is collected from a construction and
demolition debris facility or a solid waste facility and remitted
to a board of health or the director of environmental protection,
as applicable, pursuant to this section shall be transmitted by
the board or director to the treasurer of state not later than
forty-five days after the receipt of the money to be credited to
the soil and water conservation district assistance fund or, the
recycling and litter prevention fund, or the environmental
protection fund, as applicable.
(D) This section does not apply to the disposal of
construction and demolition debris at a solid waste facility that
is licensed under Chapter 3734. of the Revised Code if the owner
or operator of the facility chooses to collect fees on the
disposal of the construction and demolition debris that are
identical to the fees that are collected under Chapters 343. and
3734. of the Revised Code on the disposal of solid wastes at that
facility.
(E) This section does not apply to the disposal of source
separated materials that are exclusively composed of reinforced or
nonreinforced concrete, asphalt, clay tile, building or paving
brick, or building or paving stone at a construction and
demolition debris facility that is licensed under this chapter
when either of the following applies:
(1) The materials are placed within the limits of
construction and demolition debris placement at the facility as
specified in the license issued to the facility under section
3714.06 of the Revised Code, are not placed within the unloading
zone of the facility, and are used as a fire prevention measure in
accordance with rules adopted by the director under section
3714.02 of the Revised Code.
(2) The materials are not placed within the unloading zone of
the facility or within the limits of construction and demolition
debris placement at the facility as specified in the license
issued to the facility under section 3714.06 of the Revised Code,
but are used as fill material, either alone or in conjunction with
clean soil, sand, gravel, or other clean aggregates, in legitimate
fill operations for construction purposes at the facility or to
bring the facility up to a consistent grade.
Sec. 3717.07.
(A) For purposes of establishing a licensing
fee under
sections 3717.25 and 3717.45 of the Revised Code, all of
the
following apply:
(1) The director of
agriculture and the public health council
shall adopt
rules establishing a
uniform methodologies methodology
for use
in calculating
the costs of licensing retail food
establishments in the
categories specified by the
director and.
(2) The public health council shall adopt rules establishing
a uniform methodology for use in calculating the costs of
licensing
food service operations in the
categories specified by
the
council. In
(3) In adopting the rules, the
director of agriculture and
the public health council shall
consider any recommendations
received from advisory boards or
other entities representing the
interests of retail food
establishments and food service
operations.
(B) The rules shall include provisions that do all of the
following:
(1) Provide for calculations to be made according to fiscal
years rather than licensing periods;
(2) Limit the direct costs that may be attributed to the
use
of sanitarians by establishing appropriate statewide averages
that
may not be exceeded;
(3) Limit the indirect costs that may be included in the
calculation of fees to an amount that does not exceed thirty per
cent of the cost of the licensing program;
(4) Provide for a proportionate reduction in the fees to be
charged if a licensor included anticipated costs in the
immediately preceding calculation of licensing fees and the total
amount of the anticipated costs was not incurred;
(5) Provide for a proportionate reduction in the fees to be
charged if it is discovered through an audit by the auditor of
state or through any other means that the licensor has charged or
is charging a licensing fee that exceeds the amount that should
have been charged;
(6) Provide for a twenty per cent reduction in the fees to
be
charged when the reduction is imposed as a penalty under
division
(C) of section 3717.071 of the Revised Code;
(7)
With regard to any fees charged for licensing vending
machine
locations, the rules shall prohibit a licensor from
increasing fees
by a percentage of increase over the previous
year's fee that
exceeds the percentage of increase in the consumer
price index for
all urban consumers (United States city average,
all items),
prepared by the United States department of labor,
bureau of
labor
statistics, for the immediately preceding calendar
year.
Sec. 3717.23. (A) Each person or
government entity seeking
a
retail food establishment license
or the renewal of a license
shall apply to the appropriate
licensor on a form provided by the
licensor. A licensor shall
use a form prescribed and furnished to
the licensor by the
director of agriculture or a form prescribed
by the licensor
that has been approved by the director. The
applicant shall include with
the application all information
necessary for the licensor to process the application, as
requested by the
licensor.
An application for a retail food establishment license, other
than an application for a mobile retail food establishment
license, shall be submitted
to the licensor for the
health
district in which
the retail food establishment is located.
An
application for a mobile retail food establishment license shall
be submitted to the licensor for the health district in which the
applicant's business headquarters are located, or, if the
headquarters are located outside this state, to the licensor for
the district where the applicant will first operate in this state.
(B) The licensor shall
review all applications received.
The
licensor shall issue a
license for a new retail food
establishment
when the applicant
submits a complete application
and the licensor
determines that
the applicant meets all other
requirements of
this
chapter and the rules adopted
under it for
receiving the license.
The licensor shall issue a renewed
license
on receipt
of a
complete renewal application.
The licensor shall issue licenses for retail food
establishments on forms
prescribed and furnished by the director
of agriculture.
If the license is for a mobile retail food
establishment, the licensor shall post the establishment's layout,
equipment, and items to be sold on the back of the license.
A mobile retail food establishment license issued by one
licensor shall be recognized by all other licensors in this state.
(C)(1) A retail food establishment license expires at the
end
of
the licensing period for which the license is issued,
except as
follows:
(a) A license
issued to a new retail food establishment
after
the first day of
December does not expire until the end of
the
licensing period next
succeeding issuance of the license.
(b) A temporary retail food establishment license expires at
the
end of the period for which it is issued.
(2) All retail food
establishment licenses remain valid
until
scheduled to expire unless earlier suspended or
revoked
under
section 3717.29 or 3717.30 of the
Revised Code.
(D) A retail food establishment license may be renewed,
except
that a temporary retail food establishment license is not
renewable. A person
or government entity seeking license renewal
shall submit
an application for renewal to the licensor not later
than the first day of
March, except in the case of a
mobile or
seasonal retail food establishment,
when the renewal application
shall be submitted before commencing operation in
a new licensing
period. A licensor may renew a
license prior to the first day of
March
or the first day of operation in a new licensing period, but
not before the first
day of February immediately
preceding the
licensing period for which the license is being
renewed.
If a person or government entity does not file a renewal
application
with the licensor postmarked on or before the first
day of
March or, in the case of a
mobile or seasonal retail food
establishment, the
first day of operation in a new licensing
period, the licensor shall
assess a penalty if the licensor
charges a license renewal fee. The amount of the
penalty shall be
the lesser of fifty dollars or greater of twenty-five per
cent of
the renewal fee charged for
renewing the license, if the licensor
charges renewal fees or ten per cent of the renewal fee multiplied
by the number of weeks that have elapsed since payment of the fee
was due.
If an
applicant is subject to a penalty,
the licensor
shall not renew
the license until the applicant pays
the penalty.
(E)(1) A licensor may
issue not more than ten temporary
retail food establishment licenses per
licensing period to the
same
person or government entity to operate at different events
within the
licensor's jurisdiction. For each
particular event, a
licensor may issue only one temporary retail food establishment
license to the
same person or government entity.
(2) A licensor may issue a temporary retail food
establishment
license to operate for more than five consecutive
days
if both of the following apply:
(a) The establishment will be operated at an event organized
by
a county agricultural society or independent agricultural
society
organized under Chapter 1711. of the Revised Code.
(b) The person who will receive the license is a resident of
the
county or one of the counties for which the agricultural
society was
organized.
(3) A person may be granted only one temporary retail food
establishment license per licensing period pursuant to division
(E)(2) of this section.
(F) The licensor may
place restrictions or conditions on a
retail food establishment
license, based on the equipment or
facilities of the establishment, limiting
the types of food that
may be stored, processed, prepared, manufactured,
or otherwise
held or handled for retail sale.
Limitations pertaining to a
mobile retail food establishment shall be posted on the back of
the license.
(G) The person or government entity holding a license for a
retail food establishment shall
display the license for that
retail food establishment at all
times at the licensed location.
(H) With the assistance of the department of
agriculture,
the
licensor, to the extent practicable, shall computerize the
process
for licensing retail food establishments.
Sec. 3717.25. (A) A
licensor may charge fees for issuing
and
renewing retail food
establishment licenses. Any licensing
fee
charged shall be used solely for
the administration and
enforcement of the
provisions of this chapter
and the rules
adopted under it applicable to retail food
establishments.
Any licensing fee charged under this section shall be based
on
the licensor's costs of
regulating retail food
establishments,
as
determined according to the uniform
methodologies methodology
established
under
section 3717.07 of the Revised
Code. If the
licensor is a
board
of health, a fee may be
disapproved by the
district advisory
council in the case of a
general health district
or the
legislative authority of the city
in the case of a city
health
district. A disapproved fee shall
not be charged by the
board of
health.
At least thirty days
prior to establishing Except when a
licensing fee is established as an emergency measure,
the licensor
shall hold a
public hearing regarding the proposed
fee. At If a
public hearing is held, at least thirty twenty days
prior to the
public hearing, the
licensor shall give written
notice of the
hearing to each person
or government entity holding a retail
food
establishment license
that may be affected by
the proposed fee.
The notice shall be
mailed to the last known
address of the
licensee and shall specify
the date, time, and
place of the
hearing and the amount of the
proposed fee. On
request, the
licensor shall provide the
completed uniform
methodology used in
the calculation of the
licensor's costs and
the proposed fee.
(B) In addition to
licensing fees, a licensor may charge
fees
for any of the
following:
(1) Review of facility layout and equipment specifications
pertaining to
retail food
establishments, other than mobile and
temporary retail food establishments;
(2) Any necessary collection and bacteriological
examination
of samples from retail food establishments or similar services
specified in rules adopted under this chapter by the director of
agriculture;
(3) Attendance at a course of study offered by the licensor
in food
protection as it pertains to retail food establishments,
if the course is
approved under section 3717.09 of the Revised
Code.
(C)(1) The director
may determine by rule an amount to be
collected from
applicants for retail food establishment licenses
for use by the
director in administering and enforcing the
provisions of this chapter and the
rules adopted under it
applicable to retail food establishments. Licensors
shall collect
the amount
prior to issuing an applicant's new or renewed license.
If a
licensing fee is charged under this section, the licensor
shall
collect the amount at the same time the fee is collected.
Licensors are not required to provide notice or hold public
hearings regarding amounts to be collected under this division.
Not later than sixty days after the last day of the month
in
which a license is issued, the
(2) A licensor shall certify the
amount
collected under this
division (C)(1) of this section and
transmit the amount to
the
treasurer of state. All according to
the following schedule:
(a) For amounts received by the licensor on or after the
first day of January but not later than the thirty-first day of
March, transmit the amounts not later than the fifteenth day of
May;
(b) For amounts received by the licensor on or after the
first day of April but not later than the thirtieth day of June,
transmit the amounts not later than the fifteenth day of August;
(c) For amounts received by the licensor on or after the
first day of July but not later than the thirtieth day of
September, transmit the amounts not later than the fifteenth day
of November;
(d) For amounts received by the licensor on or after the
first day of October but not later than the thirty-first day of
December, transmit the amounts not later than the fifteenth day of
February of the following year.
(3) All
amounts received shall be deposited into
the food
safety fund created in
section
915.24 of the Revised
Code. The
director shall use the amounts solely for the
administration and
enforcement of the provisions of this chapter
and the rules
adopted under
it applicable to retail food
establishments.
(4) When adopting rules regarding the amounts collected under
this division, the director shall make available during the rule
making process the current and projected expenses of
administering
and enforcing the provisions of this chapter and the rules
adopted
under it applicable to retail food establishments and the total of
all amounts
that have been deposited
in the food safety fund
pursuant to this division (C)(3) of this section.
Sec. 3717.43. (A) Each person or government entity
requesting a food
service operation license or the renewal of a
license shall apply
to the appropriate licensor on a form provided
by the licensor.
Licensors shall use a form prescribed and
furnished to the
licensor by the director of health or a form
prescribed by the
licensor that has been approved by the director.
The applicant shall
include with the application all information
necessary for the licensor to
process the application, as
requested by the licensor.
An application for
a food service operation
license, other
than
an application for
a mobile
or catering food service
operation
license,
shall be
submitted to the licensor for the
health district in
which the
food service operation is located.
An
application for
a
mobile food service operation
license shall
be
submitted to the
licensor for the health district in which the
applicant's
business headquarters are located, or, if the
headquarters are
located outside this state, to the licensor for
the district
where the applicant will first operate in this state.
An application for
a catering food service operation
license
shall
be submitted to the licensor for the
district where the
applicant's base of operation is located.
(B) The licensor shall review all applications
received.
The
licensor shall issue a license for a new food service
operation
when the applicant submits a complete application and
the licensor
determines that the applicant meets all other
requirements of
this
chapter and the rules adopted under it for
receiving the license.
The
licensor shall issue
a renewed license
on receipt of a
complete renewal application.
The licensor shall issue
licenses for food service operations
on forms prescribed and furnished
by the director of health. If
the license is for a mobile food
service operation, the licensor
shall post the operation's
layout, equipment, and menu on the back
of the license.
A mobile or catering food service operation license issued by
one licensor
shall be recognized by all other licensors in this
state.
(C)(1) A food service operation license expires at the end
of
the
licensing period for which the license is issued, except as
follows:
(a) A license issued to a new food service operation after
the
first day of December shall not expire until the end of the
licensing period next succeeding issuance of the license.
(b) A
temporary food service
operation license expires at
the
end of the period for which it is issued.
(2) All food service operation licenses remain valid
until
they are scheduled to expire unless earlier suspended or
revoked
under section 3717.49 of the Revised Code.
(D) A food service operation license may be renewed, except
that a
temporary food service operation license is not renewable.
A person or government entity seeking license renewal
shall submit
an application for renewal
to the licensor not later
than the
first day of March, except
that in the case of a mobile
or
seasonal food service
operation
the renewal application shall be
submitted
before commencing operation in a new licensing period.
A
licensor
may renew a license prior to the first day of March or
the first
day of operation in a new licensing period, but not
before the
first day of February immediately preceding the
licensing period
for which the license is being renewed.
If a renewal application is not filed with the licensor or
postmarked on or before the first day of March or, in the case of
a mobile or seasonal food service operation, the first day of
operation in a new licensing period, the licensor shall assess a
penalty if the licensor charges a license renewal fee. The amount
of the penalty shall be the lesser of fifty
dollars or greater of
twenty-five per cent of the renewal fee charged for renewing
licenses, if the licensor charges renewal fees or ten per cent of
the renewal fee multiplied by the number of weeks that have
elapsed since payment of the fee was due. If an applicant
is
subject to a penalty, the licensor shall not renew the license
until the applicant pays the penalty.
(E)(1) A licensor may issue
not more than ten temporary food
service operation licenses per licensing period
to the same
person
or
government entity to operate at different events within the
licensor's
jurisdiction. For each
particular event, a licensor
may
issue only one temporary food service
operation license to the
same person or government entity.
(2) A licensor may issue a temporary food service
operation
license to operate for more than five consecutive days if
both of
the following apply:
(a) The operation will be operated at an event organized
by
a
county agricultural society or independent agricultural
society
organized under Chapter 1711. of the Revised Code;
(b) The person who will receive the license is a resident
of
the county or one of the counties for which the agricultural
society was organized.
(3) A person may be granted only one temporary food
service
operation license per licensing period pursuant to
division (E)(2)
of this section.
(F) The licensor may place restrictions or conditions on a
food service operation license limiting the types of food that
may
be prepared or served by the food service operation
based on the
equipment
or facilities of the food service operation.
Limitations
pertaining to a mobile or catering food service
operation shall
be
posted on the back of the license.
(G) The person or government entity holding a license
for a
food service operation shall display the license for that food
service operation at all times at the licensed location. A
person
or government entity holding a catering food
service operation
license shall
also maintain a copy of the license at each catered
event.
(H) With the assistance of the department of health, the
licensor, to the extent practicable, shall computerize the process
for
licensing
food service operations.
Sec. 3717.45. (A) A licensor may charge fees for issuing
and
renewing food service operation licenses. Any licensing fee
charged shall be used solely for the
administration and
enforcement of the provisions of this chapter and
the rules
adopted under it applicable to food service operations.
Any licensing fee charged under this section shall be based
on the licensor's costs of regulating food service operations, as
determined according to the uniform methodologies methodology
established under
section 3717.07 of the Revised Code. If the
licensor is a board
of health, a fee may be disapproved by the
district advisory council in the
case of a general health
district
or the legislative authority of the city in the case of a city
health
district. A disapproved
fee shall not be charged by the
board of health.
At least thirty days prior to establishing Except when a
licensing
fee is established as an emergency measure, the licensor
shall hold a public hearing regarding the
proposed fee. At If a
public hearing is held, at least thirty twenty days prior to the
public hearing,
the licensor shall give written notice of the
hearing to each
person or government entity holding a food service
operation license that may be affected by the proposed fee. The
notice
shall be mailed to the last known address of the licensee
and
shall specify the date, time, and place of the hearing and the
amount of the proposed fee. On request, the licensor shall
provide
the completed uniform methodology used in the calculation
of the
licensor's costs and the proposed fee.
(B) In addition to licensing fees, a licensor may charge
fees
for the following:
(1) Review of facility layout and equipment specifications
pertaining
to food service operations, other than
mobile and
temporary food service operations,
or similar reviews conducted
for vending machine locations;
(2) Any necessary collection and bacteriological
examination
of samples from food service operations, or
similar services
specified in rules adopted under this chapter by the public
health
council;
(3) Attendance at a course of study offered
by the licensor
in food protection as it pertains to food service
operations, if
the course is approved under section
3717.09 of the Revised Code.
(C)(1) The public health council may determine by rule an
amount to be collected from applicants for food service operation
licenses for use by the director of health in administering and
enforcing the provisions of this chapter and the rules adopted
under it
applicable to food service operations. Licensors
shall
collect the amount prior to issuing an applicant's new or
renewed
license. If a licensing fee is charged under this
section, the
licensor shall collect the amount at the same time
the fee is
collected. Licensors are not required to provide
notice or hold
public hearings regarding amounts to be collected under
this
division.
Not later than sixty days after the last day of the month
in
which a license is issued, the
(2) A licensor shall certify the
amount collected under this
division (C)(1) of this section and
transmit the amount to
the
treasurer of state. All according to
the following schedule:
(a) For amounts received by the licensor on or after the
first day of January but not later than the thirty-first day of
March, transmit the amounts not later than the fifteenth day of
May;
(b) For amounts received by the licensor on or after the
first day of April but not later than the thirtieth day of June,
transmit the amounts not later than the fifteenth day of August;
(c) For amounts received by the licensor on or after the
first day of July but not later than the thirtieth day of
September, transmit the amounts not later than the fifteenth day
of November;
(d) For amounts received by the licensor on or after the
first day of October but not later than the thirty-first day of
December, transmit the amounts not later than the fifteenth day of
February of the following year.
(3) All amounts received shall be deposited
into the general
operations fund created in section
3701.83 of the Revised Code.
The director
shall use the amounts solely for the
administration
and enforcement of the provisions of this chapter and
the rules
adopted under it applicable to food service operations.
(4) The director may submit recommendations to the public
health council regarding the amounts collected under this
division. When making recommendations, the director shall submit
a
report stating the current and projected expenses of
administering
and enforcing the provisions of this chapter and the
rules adopted
under it applicable to food service operations and the total of
all
amounts that have been deposited in
the general operations
fund pursuant to this division (C)(3) of this section. The
director may include in the report any recommendations for
modifying the department's administration and enforcement of the
provisions
of this chapter and the rules adopted under it
applicable to food service
operations.
Sec. 3718.06. (A)(1) A board of health shall establish fees
in accordance with section 3709.09 of the Revised Code for the
purpose of carrying out its duties under this chapter and rules
adopted under it, including a fee for an installation permit
issued by the board. All fees so established and collected by the
board shall be deposited in a special fund of the district to be
used exclusively by the board in carrying out those duties.
(2) In accordance with Chapter 119. of the Revised Code, the
public health council may establish by rule a fee to be collected
from applicants for installation permits issued under rules
adopted under this chapter. The director of health shall use the
proceeds from that fee for administering and enforcing this
chapter and the rules adopted under it by the council. A board of
health shall collect and transmit the fee at the same time that it
collects the
fee established by it under division (A)(1) of this
section for
installation permits.
Not later than sixty days after the last day of the month in
which an installation permit is issued, a board shall certify the
amount collected under division (A)(2) of this section and
transmit the amount to the treasurer of state. All money so
received shall be deposited in the state treasury to the credit of
the general operations fund created in section
3701.83 of the
Revised Code to the director pursuant to section 3709.092 of the
Revised Code. The director shall use the money so credited solely
for the administration and enforcement of this chapter and the
rules adopted under it by the public health council.
(B) The director may submit recommendations to the council
regarding the amount of the fee collected under division (A)(2) of
this section for installation permits. When making the
recommendations, the director shall submit a report stating the
current and projected expenses of administering and enforcing this
chapter and the rules adopted under it by the council and the
total of all money that has been deposited to the credit of the
general operations fund under division (A)(2) of
this section. The
director may include in the report any
recommendations for
modifying the requirements established under
this chapter and the
rules adopted under it by the council.
Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09
and
3721.99 of the Revised Code:
(1)(a) "Home" means an institution, residence, or facility
that provides, for
a period of more than twenty-four hours,
whether for a
consideration or not, accommodations to three or
more unrelated
individuals who are dependent upon the services of
others, including a nursing
home, residential care facility, home
for the aging, and
a veterans'
home
operated under
Chapter 5907.
of the Revised Code.
(b) "Home" also means both of the following:
(i) Any facility that a person, as defined in section
3702.51
of the Revised Code, proposes for certification as a
skilled
nursing
facility or nursing facility under Title XVIII or
XIX of
the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.
301,
as
amended, and for which a certificate of need, other than a
certificate to recategorize hospital beds as described in section
3702.522 of
the Revised Code or division (R)(7)(d) of the version
of section 3702.51 of
the Revised Code in effect immediately prior
to April 20, 1995, has been
granted to the person under sections
3702.51 to 3702.62 of the
Revised Code after August 5, 1989;
(ii) A county home or district home that is or has been
licensed
as a residential care facility.
(c) "Home" does not mean any of the following:
(i) Except as provided in division (A)(1)(b) of this
section,
a public hospital or hospital as defined in section
3701.01 or
5122.01 of the Revised Code;
(ii) A residential facility for mentally ill persons as
defined under section 5119.22 of the Revised Code;
(iii) A residential facility as defined in section 5123.19
of
the Revised Code;
(iv) A community alternative home as defined in section
3724.01 of the Revised Code;
(v) An adult care facility as defined in section 3722.01
of
the Revised Code;
(vi)(v) An alcohol or drug addiction program as defined in
section 3793.01 of the Revised Code;
(vii)(vi) A facility licensed to provide methadone treatment
under section 3793.11 of the Revised Code;
(viii)(vii) A facility providing services under contract with
the
department of mental retardation and developmental
disabilities
under section 5123.18 of the Revised Code;
(ix)(viii) A facility operated by a hospice care program
licensed
under section 3712.04 of the Revised Code that is used
exclusively
for care of hospice patients;
(x)(ix) A facility, infirmary, or
other entity that is
operated
by a religious order, provides care
exclusively to
members of
religious orders who take vows of
celibacy and live by
virtue of
their vows within the orders as if
related, and does not
participate in the medicare program
established under Title XVIII
of the "Social Security Act" or the
medical assistance program
established under Chapter 5111. of the
Revised Code and Title XIX
of the "Social Security Act," if on
January 1, 1994, the facility,
infirmary, or entity was providing
care exclusively to members of
the religious order;
(xi)(x) A county home or district home that has never been
licensed
as a residential care facility.
(2) "Unrelated individual" means one who is not related to
the owner or operator of a home or to the spouse of the
owner or
operator as a parent, grandparent, child, grandchild, brother,
sister, niece, nephew, aunt, uncle, or as the child of an aunt or
uncle.
(3) "Mental impairment" does not mean mental illness as
defined in section 5122.01 of the Revised Code or mental
retardation as defined in section 5123.01 of the Revised Code.
(4) "Skilled nursing care" means procedures that require
technical skills and knowledge beyond those the untrained person
possesses and that are commonly employed in providing for the
physical, mental, and emotional needs of the ill or otherwise
incapacitated. "Skilled nursing care" includes, but is not
limited
to, the following:
(a) Irrigations, catheterizations, application of
dressings,
and supervision of special diets;
(b) Objective observation of changes in the patient's
condition as a means of analyzing and determining the nursing
care
required and the need for further medical diagnosis and
treatment;
(c) Special procedures contributing to rehabilitation;
(d) Administration of medication by any method ordered by
a
physician, such as hypodermically, rectally, or orally,
including
observation of the patient after receipt of the
medication;
(e) Carrying out other treatments prescribed by the
physician
that involve a similar level of complexity and skill in
administration.
(5)(a) "Personal care services" means services including,
but
not limited to, the following:
(i) Assisting residents with activities of daily living;
(ii) Assisting residents with self-administration of
medication, in accordance with rules adopted under section
3721.04
of the Revised Code;
(iii) Preparing special diets, other than complex
therapeutic
diets, for residents pursuant to the instructions of
a
physician
or a licensed dietitian, in accordance with rules
adopted under
section 3721.04 of the Revised Code.
(b) "Personal care services" does not include "skilled
nursing care" as defined in division (A)(4) of this section. A
facility need not provide more than one of the services listed in
division (A)(5)(a) of this section to be considered to be
providing personal care services.
(6) "Nursing home" means a home used for the reception and
care of individuals who by reason of illness or physical or
mental
impairment require skilled nursing care and of individuals
who
require personal care services but not skilled nursing care.
A
nursing home is licensed to provide personal care services and
skilled nursing care.
(7) "Residential care facility" means a home that provides
either of the
following:
(a) Accommodations for seventeen or more unrelated
individuals and supervision and personal care services for three
or more of those individuals who are dependent on the services of
others by reason of age or physical or mental impairment;
(b) Accommodations for three or more unrelated
individuals,
supervision and personal care services for at least
three of those
individuals who are dependent on the services of
others by reason
of age or physical or mental impairment, and, to at least one
of
those individuals, any of the skilled nursing care authorized by
section
3721.011 of the Revised Code.
(8) "Home for the aging" means a home that provides services
as a
residential care facility and a nursing home, except that the
home provides
its services only to individuals who are dependent
on the services of others
by reason of both age and physical or
mental impairment.
The part or unit of a home for the aging that provides
services only as a residential care facility is licensed as a
residential care
facility. The part or unit that may provide
skilled nursing care beyond the
extent authorized by section
3721.011 of the Revised Code is licensed as a
nursing home.
(9) "County home" and "district home" mean a county home or
district home operated under Chapter 5155. of the Revised
Code.
(B) The public health council may further classify homes.
For
the purposes of this chapter, any residence, institution,
hotel,
congregate housing project, or similar facility that meets
the
definition of a home under this section is such a home
regardless
of how
the facility holds itself out to the public.
(C) For purposes of this chapter, personal care services
or
skilled nursing care shall be considered to be provided by a
facility if they are provided by a person employed by or
associated with the facility or by another person pursuant to an
agreement to which neither the resident who receives the services
nor the resident's sponsor is a party.
(D) Nothing in division (A)(4) of this section shall be
construed to permit skilled nursing care to be imposed on an
individual who does not require skilled nursing care.
Nothing in division (A)(5) of this section shall be
construed
to permit personal care services to be imposed on an
individual
who is capable of performing the activity in question
without
assistance.
(E) Division (A)(1)(c)(x)(ix) of this section does not
prohibit
a facility, infirmary, or other entity described in that
division
from seeking licensure under
sections 3721.01 to 3721.09
of the
Revised Code or certification
under Title XVIII or XIX of
the
"Social Security Act." However,
such a facility, infirmary, or
entity that applies for licensure
or certification must meet the
requirements of those sections or
titles and the rules adopted
under them and
obtain a certificate of need from the director of
health under
section 3702.52 of the Revised Code.
(F) Nothing in this chapter, or rules adopted pursuant to
it,
shall be construed as authorizing the supervision,
regulation,
or
control of the spiritual care or treatment of
residents or
patients in any home who rely upon treatment by
prayer or
spiritual means in accordance with the creed or tenets
of any
recognized church or religious denomination.
Sec. 3721.02. (A) The director of health shall license homes
and establish procedures to be followed in inspecting and
licensing homes. The director may inspect a home at any time.
Each
home shall be inspected by the director at least once prior
to the
issuance of a license and at least once every fifteen
months
thereafter. The state fire marshal or a township,
municipal, or
other legally constituted fire department approved
by the marshal
shall also inspect a home prior to issuance of a
license, at least
once every fifteen months thereafter, and at
any
other time
requested by the director. A home does not have
to be
inspected
prior to issuance of a license by the director,
state
fire
marshal, or a fire department if ownership of the home
is
assigned
or transferred to a different person and the home was
licensed
under this chapter immediately prior to the assignment
or
transfer. The director may enter at any time, for the
purposes of
investigation, any institution, residence, facility,
or other
structure
that has been reported to the director or
that the
director has reasonable cause to believe is operating as
a nursing
home, residential care facility, or
home for the aging without a
valid
license required by section 3721.05 of the Revised Code
or,
in the case of a county home or district home, is operating
despite the
revocation of its residential care facility license.
The director may
delegate the director's
authority
and duties
under this chapter to any division, bureau, agency, or official
of
the department of health.
(B) A single facility may be licensed both as a nursing home
pursuant to this chapter and as an adult care facility pursuant
to
Chapter 3722. of the Revised Code if the director determines
that
the part or unit to be licensed as a nursing home can be
maintained separate and discrete from the part or unit to be
licensed as an adult care facility.
(C) In determining the number of residents in a home for the
purpose of licensing, the director shall consider all the
individuals for whom the home provides accommodations as one
group
unless one of the following is the case:
(1) The home is a home for the aging, in which case all
the
individuals in the part or unit licensed as a nursing home
shall
be considered as one group, and all the individuals in the
part or
unit licensed as a rest home shall be considered as
another group.
(2) The home is both a nursing home and an adult care
facility. In that case, all the individuals in the part or unit
licensed as a nursing home shall be considered as one group, and
all the individuals in the part or unit licensed as an adult care
facility shall be considered as another group.
(3) The home maintains, in addition to a nursing home or
residential care facility, a separate and discrete part
or unit
that provides accommodations to individuals who do not require or
receive skilled nursing care and do not receive personal care
services
from the home, in which case the individuals in the
separate and
discrete part or unit shall not be considered in
determining the
number of residents in the home if the separate
and discrete part
or unit is in compliance with the Ohio basic
building code
established by the board of building standards under
Chapters
3781. and 3791. of the Revised Code and the home permits
the
director, on request, to inspect the separate and discrete
part
or unit and speak with the individuals residing there, if
they
consent, to determine whether the separate and discrete part
or
unit meets the requirements of this division.
(D)(1) The director of health shall charge an the following
application fee
and
an annual renewal licensing and inspection fee
of one hundred
seventy dollars for each fifty persons or part
thereof of a home's
licensed capacity:
(a) For state fiscal year 2010, two hundred twenty dollars;
(b) For state fiscal year 2011, two hundred seventy dollars;
(c) For each state fiscal year thereafter, three hundred
twenty dollars. All
(2) All fees collected by the director for the
issuance or
renewal of licenses shall be deposited into the state
treasury to
the credit of the general operations fund created in
section
3701.83 of the Revised Code for use only in administering
and
enforcing this chapter and rules adopted under it.
(E)(1) Except as otherwise provided in this section, the
results of an inspection or investigation of a home
that is
conducted under this section, including any statement of
deficiencies and all findings and deficiencies cited in the
statement on the basis of the inspection or investigation, shall
be used solely to determine the home's compliance with this
chapter or another chapter of the Revised Code in any action or
proceeding other than an action commenced
under division (I) of
section 3721.17 of the Revised Code. Those
results of an
inspection or investigation, that
statement of
deficiencies, and
the findings and deficiencies cited
in that
statement shall not be
used in any court or in any action
or
proceeding that is pending
in any court and are not admissible
in
evidence in any action or
proceeding unless that action or
proceeding is an appeal of an
action by the department of health
under this chapter or is an
action by any department or agency of
the state to enforce this
chapter or another chapter of the Revised Code.
(2) Nothing in division (E)(1) of this section prohibits the
results of an inspection or investigation conducted under this
section from being used in a criminal investigation or
prosecution.
Sec. 3721.071. The buildings in which a home is housed
shall
be equipped with both an automatic fire extinguishing
system and
fire alarm system. Such systems shall conform to
standards set
forth in the regulations of the board of building
standards and
the state fire marshal.
The time for compliance with the requirements imposed by
this
section shall be January 1, 1975, except that the date for
compliance with the automatic fire extinguishing requirements is
extended to January 1, 1976, provided the buildings of the home
are otherwise in compliance with fire safety laws and regulations
and:
(A) The home within thirty days after August 4, 1975,
files
a
written plan with the state fire marshal's office that:
(1) Outlines the interim safety procedures which shall be
carried out to reduce the possibility of a fire;
(2) Provides evidence that the home has entered into an
agreement for a fire safety inspection to be conducted not less
than monthly by a qualified independent safety engineer
consultant
or a township, municipal, or other legally constituted
fire
department, or by a township or municipal fire prevention
officer;
(3) Provides verification that the home has entered into a
valid contract for the installation of an automatic fire
extinguishing system or fire alarm system, or both, as required
to
comply with this section;
(4) Includes a statement regarding the expected date for
the
completion of the fire extinguishing system or fire alarm
system,
or both.
(B) Inspections by a qualified independent safety engineer
consultant or a township, municipal, or other legally constituted
fire department, or by a township or municipal fire prevention
officer are initiated no later than sixty days after August 4,
1975, and are conducted no less than monthly thereafter, and
reports of the consultant, fire department, or fire prevention
officer identifying existing hazards and recommended corrective
actions are submitted to the state fire marshal, the division of
industrial
compliance labor in the department of
commerce, and
the
department of health.
It is the express intent of the general assembly that the
department of job and family services shall terminate
payments
under Title
XIX of the
"Social Security Act," 49 Stat. 620 (1935),
42 U.S.C.
301, as amended, to those homes which do not comply with
the
requirements of this section for the submission of a written
fire
safety plan and the deadline for entering into contracts for
the
installation of systems.
Sec. 3721.23. (A) The director of health shall receive,
review, and investigate allegations of abuse or neglect of a
resident or misappropriation of the property of a resident by any
individual used by a long-term care facility or residential care
facility to provide services
to residents.
(B) The director shall make findings regarding alleged
abuse,
neglect, or misappropriation of property after doing both
of the
following:
(1) Investigating the allegation and determining that
there
is a reasonable basis for it;
(2) Giving notice to the individual named in the
allegation
and affording the individual a reasonable opportunity
for a
hearing.
Notice to the person named in an allegation shall be given
and the hearing shall be conducted pursuant to rules adopted by
the director under section 3721.26 of the Revised Code. For
purposes of conducting a hearing under this section, the director
may issue subpoenas compelling attendance of witnesses or
production of documents. The subpoenas shall be served in the
same
manner as subpoenas and subpoenas duces tecum issued for a
trial
of a civil action in a court of common pleas. If a person
who is
served a subpoena fails to attend a hearing or to produce
documents, or refuses to be sworn or to answer any questions, the
director may
apply to the common pleas court of the
county in
which the person resides, or the county in which the
long-term
care facility or residential care facility is located, for a
contempt order, as in
the case of a failure of a person who is
served a subpoena issued
by the court to attend or to produce
documents or a refusal of
such person to testify.
(C)(1) If the director finds that an individual used by a
long-term care facility or residential care
facility has
neglected
or abused a
resident or misappropriated property of a resident,
the director shall
notify the individual, the facility using the
individual, and the attorney general, county
prosecutor, or other
appropriate law enforcement official.
The director also shall do
the following:
(a) If the individual is used by a long-term care facility as
a
nurse aide, the director
shall, in accordance with section
3721.32 of the Revised Code,
include in the nurse aide registry
established under that section
a statement detailing the findings
pertaining to the individual.
(b) If the individual is a licensed health professional used
by
a long-term care facility or residential care facility to
provide services
to residents, the director shall notify the
appropriate professional licensing authority
established under
Title XLVII of the Revised Code.
(c) If the individual is used by a long-term care facility
and is
neither a nurse aide nor a licensed health professional, or
is used by a
residential care facility and is not a licensed
health professional, the
director shall, in
accordance with
section 3721.32 of the Revised Code, include
in the nurse aide
registry a
statement detailing the findings pertaining to the
individual.
(2) A nurse aide or other individual about whom a statement
is
required by this division to be included in the nurse aide
registry may provide the director with a statement disputing the
director's findings and explaining the circumstances of the
allegation. The statement shall be included in the nurse aide
registry with the director's findings.
(D)(1) If the director finds that alleged neglect or abuse
of
a resident or misappropriation of property of a resident
cannot be
substantiated, the director shall notify the individual
and
expunge all files and records of the investigation and the
hearing
by doing all of the following:
(a) Removing and destroying the files and records,
originals
and copies, and deleting all index references;
(b) Reporting to the individual the nature and extent of
any
information about the individual transmitted to any other
person
or government entity by the director of health;
(c) Otherwise ensuring that any examination of files and
records in question show no record whatever with respect to the
individual.
(2)(a) If, in accordance with division (C)(1)(a) or (c) of
this
section, the director includes in the nurse aide registry a
statement of a finding of neglect, the individual found to have
neglected a resident may, not earlier than one year after the date
of the finding, petition the director to rescind the finding and
remove the statement and any accompanying information from the
nurse aide registry. The director shall consider the petition. If,
in the judgment of the director, the neglect was a singular
occurrence and the employment and personal history of the
individual does not evidence abuse or any other incident of
neglect of residents, the director shall notify the individual and
remove the statement and any accompanying information from the
nurse aide registry. The director shall expunge all files and
records of the
investigation and the hearing, except the petition
for rescission of the finding of neglect and the director's notice
that the rescission has been approved.
(b) A petition for rescission of a finding of neglect and the
director's notice that the rescission has been approved are not
public records for the purposes of section 149.43 of the Revised
Code.
(3) When files and records have been expunged under
division
(D)(1) or (2) of this section, all rights and privileges are
restored, and the individual, the director, and any other person
or government entity may properly reply to an inquiry that no
such
record exists as to the matter expunged.
Sec. 3721.51. The department of job and family services
shall do all of the following:
(A) Subject to division (C) of this section and for the
purposes specified in
sections 3721.56 and 3721.561 of the
Revised
Code, determine an annual
franchise
permit fee on each
nursing
home in an amount equal to
six eleven dollars and twenty-five
cents,
multiplied by the product
of the
following:
(1) The number of beds licensed as nursing home beds, plus
any other beds certified as skilled nursing facility beds under
Title XVIII or nursing facility beds under Title XIX on the
first
day of May of the calendar year in which the fee is
determined
pursuant to division (A) of section 3721.53 of the
Revised Code;
(2) The number of days in the fiscal year beginning
on the
first day of July of the calendar year in which the fee is
determined pursuant to division (A) of section 3721.53 of the
Revised Code.
(B) Subject to division (C) of this section and for the
purposes specified in
sections 3721.56 and 3721.561 of the
Revised
Code, determine an annual
franchise
permit fee on each
hospital in
an amount equal to
six eleven dollars and twenty-five cents,
multiplied
by the product of the
following:
(1) The number of beds registered pursuant to section
3701.07
of the Revised Code as skilled nursing facility beds or
long-term
care beds, plus any other beds licensed as nursing home
beds under
section 3721.02 or 3721.09 of the Revised Code, on
the first day
of May
of
the calendar year in which the fee is determined
pursuant to
division (A) of section 3721.53 of the Revised Code;
(2) The number of days in the fiscal year beginning
on the
first day of July of the calendar year in which the fee is
determined pursuant to division (A) of section 3721.53 of the
Revised Code.
(C) If the United States
centers for medicare and medicaid
services
determines that the
franchise permit fee established by
sections
3721.50
to
3721.58 of the Revised Code is an
impermissible health care
related tax under section 1903(w) of
the
"Social Security Act," 49
Stat. 620 (1935), 42 U.S.C.
1396b(w), as
amended, take
all
necessary actions to
cease implementation of
sections 3721.50 to 3721.58 of the Revised Code
in
accordance with
rules
adopted under section 3721.58 of the
Revised
Code.
Sec. 3721.56.
There is hereby created in the state treasury
the home- and community-based services for the aged fund. Sixteen
Nine and nine hundredths per cent of
all
payments and
penalties
paid by nursing
homes and
hospitals
under
sections
3721.53 and
3721.54 of the
Revised Code
shall be deposited
into the fund.
The departments of job and
family
services
and
aging
shall use
the moneys in the fund to
fund the
following
in
accordance with
rules adopted under section
3721.58
of the
Revised
Code:
(A) The medicaid program established under
Chapter
5111. of
the Revised Code, including the PASSPORT program established under
section 173.40
of
the Revised Code;
(B) The residential state supplement program
established
under section 173.35 of the Revised Code.
Sec. 3722.01. (A) As used in this chapter:
(1)
"Owner" means the person who owns the business of and
who
ultimately controls the operation of an adult care facility
and to
whom the manager, if different from the owner, is
responsible.
(2)
"Manager" means the person responsible for the daily
operation of an adult care facility. The manager and the owner
of
a facility may be the same person.
(3)
"Adult" means an individual eighteen years of age or
older.
(4)
"Unrelated" means that an adult resident is not
related
to the owner or manager of an adult care facility or to
the
owner's or manager's spouse as a parent, grandparent,
child,
stepchild,
grandchild, brother, sister, niece, nephew, aunt, or
uncle, or as
the child of an aunt or uncle.
(5)
"Skilled nursing care" means skilled nursing care as
defined in section 3721.01 of the Revised Code.
(6)(a)
"Personal care services" means services including,
but
not limited to, the following:
(i) Assisting residents Assistance with activities of daily
living;
(ii) Assisting residents Assistance with self-administration
of
medication, in accordance with rules adopted by the public
health
council pursuant to this chapter;
(iii) Preparing Preparation of special diets, other than
complex
therapeutic diets, for residents pursuant to the
instructions of
a
physician or a licensed dietitian, in accordance
with rules
adopted by the public health council pursuant to this
chapter.
(b)
"Personal care services" does not include
"skilled
nursing care" as defined in section 3721.01 of the Revised Code.
A
facility need not provide more than one of the services listed
in
division (A)(6)(a) of this section for the facility to be
considered to be
providing personal care services.
(7)
"Adult family home" means a residence or facility that
provides accommodations and supervision to three to five unrelated
adults and
supervision and personal care services to, at least
three of those
adults whom require personal care services.
(8)
"Adult group home" means a residence or facility that
provides accommodations and supervision to six to sixteen
unrelated adults and
provides supervision and personal care
services to, at least three
of the unrelated adults whom require
personal care services.
(9)
"Adult care facility" means an adult family home or an
adult group home. For the purposes of this chapter, any
residence,
facility, institution, hotel, congregate housing
project, or
similar facility that provides accommodations and
supervision to
three to sixteen unrelated adults, at least three
of whom are
provided require personal care services, is an adult care
facility
regardless of how the facility holds itself out to the
public.
"Adult care facility" does not include:
(a) A facility operated by a hospice care program licensed
under section 3712.04 of the Revised Code that is used
exclusively
for care of hospice patients;
(b) A nursing home, residential care facility, or home
for
the aging as
defined in section 3721.01 of the Revised Code;
(c) A community alternative home as defined in section
3724.01 of the Revised Code;
(d) An alcohol and drug addiction program as defined in
section 3793.01 of the Revised Code;
(e)(d) A residential facility for the mentally ill licensed
by
the department of mental health under section 5119.22 of the
Revised Code;
(f)(e) A facility licensed to provide methadone treatment
under
section 3793.11 of the Revised Code;
(g)(f) A residential facility licensed under section 5123.19
of
the Revised Code or otherwise regulated by the department of
mental retardation and developmental disabilities;
(h)(g) Any residence, institution, hotel, congregate housing
project, or similar facility that provides personal care services
to fewer than three residents or that provides, for any number of
residents, only housing, housekeeping, laundry, meal preparation,
social or recreational activities, maintenance, security,
transportation, and similar services that are not personal care
services or skilled nursing care;
(i)(h) Any facility that receives funding for operating costs
from the department of development under any program established
to provide emergency shelter housing or transitional housing for
the homeless;
(j)(i) A terminal care facility for the homeless that has
entered into an agreement with a hospice care program under
section 3712.07 of the Revised Code;
(k)(j) A facility approved by the veterans administration
under
section 104(a) of the
"Veterans Health Care Amendments of
1983,"
97 Stat. 993, 38 U.S.C.A. 630, as amended, and used
exclusively
for the placement and care of veterans;
(l) Until January 1, 1994, the portion of a facility in
which
care is provided exclusively to members of a religious
order
if
the facility is owned by or part of a nonprofit
institution of
higher education authorized to award degrees by
the Ohio board of
regents under Chapter 1713. of the Revised
Code.
(10)
"Residents' rights advocate" means:
(a) An employee or representative of any state or local
government entity that has a responsibility for residents of
adult
care facilities and has registered with the department of
health
under section 3701.07 of the Revised Code;
(b) An employee or representative, other than a manager or
employee of an adult care facility or nursing home, of any
private
nonprofit corporation or association that qualifies for
tax-exempt
status under section 501(a) of the
"Internal Revenue
Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended,
that has
registered with the department of health under section
3701.07 of
the Revised Code, and whose purposes include educating
and
counseling residents, assisting residents in resolving
problems
and complaints concerning their care and treatment, and
assisting
them in securing adequate services.
(11)
"Sponsor" means an adult relative, friend, or
guardian
of a resident of an adult care facility who has an
interest in or
responsibility for the resident's welfare.
(12)
"Ombudsperson" means a
"representative of the
office
of
the state long-term care ombudsperson program" as
defined in
section 173.14 of the Revised Code.
(13)
"Mental health agency" means a
community mental health
agency, as
defined in section
5119.22 of the Revised Code, under
contract with a board of alcohol, drug addiction, and
mental
health services pursuant to division (A)(8)(a)
of section
340.03
of the Revised Code.
(B) For purposes of this chapter, personal care services
or
skilled nursing care shall be considered to be provided by a
facility if they are provided by a person employed by or
associated with the facility or by another person pursuant to an
agreement to which neither the resident who receives the services
nor the resident's sponsor is a party.
(C) Nothing in division (A)(6) of this section shall be
construed to permit personal care services to be imposed upon a
resident who is capable of performing the activity in question
without assistance.
Sec. 3722.011. (A) All medication taken by residents of an
adult care facility shall be self-administered, except that
medication may be administered to a resident by a home health
agency, hospice care program, nursing home staff, mental
health
agency, or board of alcohol, drug addiction, and mental health
services under as part of the skilled nursing care provided in
accordance with
division (B) of section 3722.16 of the Revised
Code. Members of
the staff of an adult care facility shall not
administer
medication to residents. No person shall be admitted to
or
retained by an adult care facility unless the person is capable
of taking self-administering the person's own medication and
biologicals, as
determined in
writing by the person's personal a
physician, except that a person
may be admitted to or retained by
such a facility if the
person's
medication is administered by a
home health agency, hospice care
program, nursing home staff,
mental health
agency, or board of alcohol, drug addiction, and
mental health services
under as part of the skilled nursing care
provided in accordance with division (B) of section
3722.16 of
the Revised Code. Members
(B) Members of the staff of an adult
care facility shall not
administer medication to residents but may do any of the
following:
(A) Remind a resident when to take medication and watch to
ensure that the resident follows the directions on the container;
(B) Assist a resident in the self-administration of
medication by taking the medication from the locked area where it
is stored, in accordance with rules adopted by the public health
council pursuant to this chapter, and handing it to the resident.
If the resident is physically unable to open the container, a
staff member may open the container for the resident.
(C) Assist a physically impaired but mentally alert
resident,
such as a resident with arthritis, cerebral palsy, or
Parkinson's
disease, in removing oral or topical medication from
containers
and in consuming or applying the medication, upon
request by or
with the consent of the resident. If a resident is
physically
unable to place a dose of medicine to the
resident's mouth
without
spilling it, a staff member may place the dose in a
container and
place the container to the mouth of the resident.
Sec. 3722.02. A person seeking a license to operate an
adult
care facility shall submit to the director of health an
application on a form prescribed by the director and the
following:
(A) In the case of an adult group home seeking licensure
as
an adult care facility, evidence that the home has been
inspected
and approved by a local certified building department
or by the
division of industrial compliance labor in the department of
commerce as
meeting the
applicable requirements of sections
3781.06 to
3781.18
and 3791.04 of the Revised Code and
any rules
adopted
under those
sections and evidence that the home
has been
inspected by the
state fire marshal or fire prevention
officer of
a municipal,
township, or other legally constituted
fire
department approved
by
the state fire marshal and found to be
in
compliance with
rules
adopted under section 3737.83 of the
Revised Code regarding
fire
prevention and safety in adult group
homes;
(B) Valid approvals of the facility's water and sewage
systems issued by the responsible governmental entity, if
applicable;
(C) A statement of ownership containing the following
information:
(1) If the owner is an individual, the owner's name,
address,
telephone number, business address, business telephone
number,
and
occupation. If the owner is an association,
corporation, or
partnership, the business activity, address, and
telephone number
of the entity and the name of every person who
has an ownership
interest of five per cent or more in the entity.
(2) If the owner does not own the building or if the owner
owns
only part of the building in which the facility is housed,
the
name of each person who has an ownership interest of five per
cent or more in the building;
(3) The address of any adult care facility and any
facility
described in divisions (A)(9)(a) to (h)(j) of section
3722.01 of
the
Revised Code in which the owner has an ownership
interest of
five
per cent or more;
(4) The identity of the manager of the adult care
facility,
if different from the owner;
(5) The name and address of any adult care facility and
any
facility described in divisions (A)(9)(a) to (h)(j) of section
3722.01 of the Revised Code with which either the owner or
manager
has been affiliated through ownership or employment in
the five
years prior to the date of the application;
(6) The names and addresses of three persons not employed
by
or associated in business with the owner who will provide
information about the character, reputation, and competence of
the
owner and the manager and the financial responsibility of the
owner;
(7) Information about any arrest of the owner or manager
for,
or adjudication or conviction of, a criminal offense related
to
the provision of care in an adult care facility or any
facility
described in divisions (A)(9)(a) to (h)(j) of section
3722.01 of
the
Revised Code or the ability to operate a facility;
(8) Any other information the director may require
regarding
the owner's ability to operate the facility.
(D) If the facility is an adult group home, a balance
sheet
showing the assets and liabilities of the owner and a
statement
projecting revenues and expenses for the first twelve
months of
the facility's operation;
(E) Proof of insurance in an amount and type determined in
rules adopted by the public health council pursuant to this
chapter to be adequate; A statement containing the following
information regarding admissions to the facility:
(1) The intended bed capacity of the facility;
(2) Whether the facility will admit persons referred by or
receiving services from a board of alcohol, drug addiction, and
mental health services board or a mental health agency;
(3) If the facility will admit persons referred by or
receiving services from a board of alcohol, drug addiction, and
mental health services board or a mental health agency, the total
number of beds anticipated to be occupied as a result of those
admissions.
(F) A nonrefundable license application fee in an amount
established in rules adopted by the public health council
pursuant
to this chapter.
Sec. 3722.021. In determining the number of residents in a
facility for the purpose of licensure under this chapter, the
director of health shall consider all the individuals for whom
the
facility provides accommodations as one group unless either
of the
following is the case:
(A) The In addition to being an adult care facility, the
facility is both a nursing home licensed under
Chapter 3721. of
the Revised Code and an adult care facility, a residential
facility licensed under that chapter, or both. In
that case, all
the individuals in the part or unit licensed as a
nursing home,
residential care facility, or both, shall be considered as one
group and all the
individuals in the part or unit licensed as an
adult care
facility shall be considered as another group.
(B) The facility maintains, in addition to an adult care
facility, a separate and discrete part or unit that provides
accommodations to individuals who do not receive supervision or
personal care services from the adult care facility, in which
case
the individuals in the separate and discrete part or unit
shall
not be considered in determining the number of residents in
the
adult care facility if the separate and discrete part or unit
is
in compliance with the Ohio basic building code established by
the
board of building standards under Chapters 3781. and 3791. of
the
Revised Code and the adult care facility, to the extent of
its
authority, permits the director, on request, to inspect the
separate and discrete part or unit and speak with the individuals
residing there, if they consent, to determine whether the
separate
and discrete part or unit meets the requirements of this
division.
Sec. 3722.022. A person may not apply for a license to
operate an adult care facility if the person is or has been the
owner or manager of an adult care facility for which a license to
operate was revoked or for which renewal of a license was refused
for any reason other than nonpayment of the license renewal fee,
unless both of the following conditions are met:
(A) A period of not less than two years has elapsed since the
date the director of health issued the order revoking or refusing
to renew the facility's license.
(B) The director's revocation or refusal to renew the license
was not based on an act or omission at the facility that violated
a resident's right to be free from abuse, neglect, or
exploitation.
Sec. 3722.04. (A)(1) The director of health shall
inspect,
license, and regulate adult care facilities. Except as
otherwise
provided in division (D) of this section, the director
shall issue
a license to an adult care facility that meets the
requirements of
section 3722.02 of the Revised Code and that the
director
determines to be in substantial compliance with the
rules adopted
by the public health council pursuant to this
chapter. The
director shall consider the past record of the
owner and manager
and any individuals who are principal
participants in an entity
that is the owner or manager in
operating facilities providing
care to adults. The director may,
in accordance with Chapter 119.
of the Revised Code, deny a
license if the past record indicates
that the owner or manager is
not suitable to own or manage an
adult care facility.
The license shall contain the name and address of the
facility for which it was issued, the date of expiration of the
license, and the maximum number of residents that may be
accommodated by the facility. A license for an adult care
facility
shall be valid for a period of two years after the date
of
issuance. No single facility may be licensed to operate as
more
than one adult care facility.
(2) Notwithstanding division (A)(1) of this section and
sections 3722.02 and 3722.041 of the Revised Code, the director
may issue a temporary license if the requirements of divisions
(C), (D), and (F) of section 3722.02 of the Revised Code have
been
met. A temporary license shall be valid for a period of
ninety
days and, except as otherwise provided in division (A)(3)
of
section 3722.05 of the Revised Code, may be renewed, without
payment of an additional application fee, for an additional
ninety
days.
(B) The director shall renew a license for a two-year
period
if the facility continues to be in compliance with the
requirements of this chapter and in substantial compliance with
the rules adopted under this chapter. The owner shall submit a
nonrefundable license renewal application fee in an amount
established in rules adopted by the public health council
pursuant
to this chapter. Before the license of an adult group
home is
renewed, if any alterations have been made to the
buildings, a
certificate of occupancy for the facility shall have
been issued
by the division of industrial compliance labor in the department
of
commerce or a
local
certified building department. The facility
shall have water and
sewage system approvals, if required by law,
and, in the case of
an adult group home, documentation of
continued compliance with
the rules adopted by the state fire
marshal under division (F) of
section 3737.83 of the Revised Code.
(C) The (1) During each licensure period, the director shall
make at least one unannounced
inspection of an adult care facility
during each licensure period
in addition to inspecting the
facility to determine whether a
license should be issued or
renewed, and may make additional
unannounced inspections as the
director considers necessary.
Other
inspections may be made at any
time that the director
considers
appropriate. The
The director shall determine whether an inspection is to be
conducted as an announced or unannounced inspection. In the case
of an unannounced inspection, the director shall take all
reasonable
actions to
avoid giving notice of an the inspection by
the manner in
which the
inspection is scheduled or performed. Not
Not later than
sixty days
after the date of an inspection of
a facility, the
director shall
send a report of the inspection to
the ombudsperson
in
whose region
the facility is located. The
(2) The state fire marshal
or fire
prevention officer of a
municipal, township, or other
legally
constituted fire department
approved by the state fire
marshal
shall inspect an adult group
home seeking a license or
renewal
under this chapter as an adult
care facility prior to
issuance of
a license or renewal, at least
once annually
thereafter, and at
any other time at the request of
the director,
to determine
compliance with the rules adopted under
division (F)
of section
3737.83 of the Revised Code.
(D) The director may waive any of the licensing
requirements
having to do with fire and safety requirements or
building
standards established by rule adopted by the public
health council
pursuant to this chapter upon written request of
the facility.
The
director may grant a waiver if the
director determines
that
the
strict application of the licensing requirement would
cause
undue
hardship to the facility and that granting the waiver
would
not
jeopardize the health or safety of any resident. The
director
may
provide a facility with an informal hearing
concerning the
denial
of a waiver request, but the facility shall
not be entitled
to a
hearing under Chapter 119. of the Revised
Code unless the
director
takes an action that requires a hearing
to be held under
section
3722.05 of the Revised Code.
(E)(1) Not later than thirty days after each of the
following, the owner of an adult care facility shall submit an
inspection
fee of twenty dollars for each bed for which the
facility
is
licensed:
(a) Issuance or renewal of a license, other than a temporary
license;
(b) The unannounced inspection required by division (C)(1) of
this section that is in addition to the inspection conducted to
determine whether a license should be issued or renewed;
(c) If, during an inspection conducted in addition to the two
inspections required by division (C)(1) of this section, the
facility was found to be in violation of this chapter or the rules
adopted under it, receipt by the facility of the report of that
investigation.
(2) The director may revoke the license of any adult
care
facility that fails to submit the fee within the thirty-day
period.
(3) All inspection fees received by the director, all civil
penalties assessed under section 3722.08 of the Revised Code, all
fines imposed under section 3722.99 of the Revised Code, and all
license application and renewal application fees received under
division (F) of section 3722.02 of the Revised Code or under
division (B) of this section shall be deposited into the general
operations fund created in section 3701.83 of the Revised Code
and
shall be used only to pay the costs of administering and
enforcing
the requirements of this chapter and rules adopted
under it.
(F)(1) An owner shall inform the director in writing of
any
changes in the information contained in the statement of
ownership
made pursuant to division (C) of section 3722.02 of the
Revised
Code or in the identity of the manager, not later than
ten days
after the change occurs.
(2) An owner who sells or transfers an adult care facility
shall be responsible and liable for the following:
(a) Any civil penalties imposed against the facility under
section 3722.08 of the Revised Code for violations that occur
before the date of transfer of ownership or during any period in
which the seller or the seller's agent operates the
facility;
(b) Any outstanding liability to the state, unless the
buyer
or transferee has agreed, as a condition of the sale or
transfer,
to accept the outstanding liabilities and to guarantee
their
payment, except that if the buyer or transferee fails to
meet
these obligations the seller or transferor shall remain
responsible for the outstanding liability.
(G) The director shall annually publish a list of licensed
adult care facilities, facilities whose for which licenses have
been
revoked
or not renewed, facilities for which license renewal
has been refused, any facilities under an order suspending
admissions pursuant to section 3722.07 of the Revised Code, and
any facilities that have been assessed a civil penalty pursuant
to
section 3722.08 of the Revised Code. The director shall
furnish
information concerning the status of licensure of any
facility to
any person upon request. The director shall annually
send a copy
of the list to the department of job and family services, to
the
department of mental health, and to the department of aging.
Sec. 3722.041. (A) Sections 3781.06 to 3781.18 and 3791.04
of the Revised Code do not apply to an
adult
family home for which
application is made to the director
of
health for licensure as an
adult care facility under this
chapter.
Adult family homes shall
not be required to submit
evidence to the
director of health that
the home has been
inspected by a local
certified building
department or the division of
industrial
compliance labor in the
department of commerce or by the state fire
marshal or a fire
prevention
officer under section 3722.02 of the
Revised Code, but
shall be
inspected by
the director of health to
determine
compliance with this section. An
inspection made under
this
section may be made at the same time as an
inspection made
under
section 3722.04 of the Revised Code.
(B) The director shall not license or renew the license of
an
adult family home unless it meets the fire protection
standards
established by rules adopted by the public health
council pursuant
to this chapter.
Sec. 3722.05. (A)(1) If an adult care facility fails to
comply with any requirement of this chapter or with any rule
adopted pursuant to this chapter, the director of health may do
any one or all of the following:
(a)(A) In accordance with Chapter 119. of the Revised Code,
deny, revoke, or refuse to renew the license of the facility;
(b)(B) Give the facility an opportunity to correct the
violation, in accordance with section 3722.06 of the Revised
Code;
(c)(C) Issue an order suspending the admission of residents
to the facility, in accordance with section 3722.07 of the
Revised
Code;
(d)(D) Impose a civil penalty in accordance with section
3722.08 of the Revised Code;
(e)(E) Petition the court of common pleas for injunctive
relief in accordance with section 3722.09 of the Revised Code.
(2) The director may refuse to renew the temporary license
of
any adult care facility for failure to make reasonable
progress
toward compliance with the requirements for licensure
under
section 3722.02 of the Revised Code and rules adopted by
the
public health council pursuant to this chapter. The director
may
revoke a temporary license upon a finding that the facility
jeopardizes the health or safety of any of its residents.
Proceedings initiated to deny, revoke, or refuse to renew a
temporary license are not subject to Chapter 119. of the Revised
Code.
(3) The director may renew a temporary license for the
duration of proceedings under Chapter 119. of the Revised Code
regarding the denial of a permanent license if he determines that
the continued operation of the facility will not jeopardize the
health or safety of the residents.
Sec. 3722.06. Except as otherwise provided in sections
3722.07 to 3722.09 of the Revised Code and except in cases of
violations that jeopardize the health and safety of any of the
residents, if the director determines that a licensed adult care
facility is
in violation of this chapter or of rules adopted
pursuant to this
chapter, he the director shall give the facility
an opportunity
to correct the
violation. The director shall notify
the facility of the
violation, prescribe the steps necessary to
correct the
condition, and specify a reasonable time for making
the
corrections. Notice of the violation and the prescribed
corrections shall be in writing and shall include a citation to
the statute or rule violated. The director shall state the
action
that he the director will take if the corrections are not
made
within
the specified period of time.
The facility shall submit to the director a plan of
correction stating the actions that will be taken to correct the
violation. The director shall conduct an inspection to determine
whether the facility has corrected the violation in accordance
with the plan of correction.
If the director determines that the facility has failed to
correct the violation in accordance with the plan of correction,
the director may impose a penalty under section 3722.08 of the
Revised Code. If the director subsequently determines that the
license of
the facility should be revoked or should not be renewed
because
the facility has failed to correct the violation within
the time
specified or because the violation jeopardizes the health
or
safety of any of the residents, the director shall revoke or
refuse to renew the license in accordance with Chapter 119. of
the
Revised Code.
Sec. 3722.08. (A) If the director of health determines
that
an adult care facility is in violation of this chapter or
rules
adopted under it,
the director may impose a civil penalty on the
owner of the facility,
pursuant
to rules adopted by the public
health council under this
chapter,
on the owner of the facility.
The director shall
determine the
classification and amount of the
penalty by
considering the
following factors:
(1) The gravity of the violation, the severity of the
actual
or potential harm, and the extent to which the provisions
of this
chapter or rules adopted under it were violated;
(2) Actions taken by the owner or manager to correct the
violation;
(3) The number, if any, of previous violations by the
adult
care facility.
(B) The director shall give written notice of the order
imposing a civil penalty to the adult care facility by certified
mail, return receipt requested, or shall provide for delivery of
the notice in person. The notice shall specify the
classification
of the violation as determined by rules adopted by
the public
health council pursuant to this chapter, the amount of
the penalty
and the rate of interest, the action that is required
to be taken
to correct the violation, the time within which it is
to be
corrected as specified in division (C) of this section, and
the
procedures for the facility to follow to request a conference
on
the order imposing a civil penalty. If the facility requests
a
conference in a letter mailed or delivered not later than two
working days after it has received the notice, the director shall
hold a conference with representatives of the facility concerning
the civil penalty. The conference shall be held not later than
seven days after the director receives the request. The
conference
shall be conducted as prescribed in division (C) of
section
3722.07 of the Revised Code. If the director issues an
order
upholding the civil penalty, the facility may request an
adjudication hearing pursuant to Chapter 119. of the Revised Code,
but the order of the director shall be in effect during
proceedings instituted pursuant to that chapter until a final
adjudication is made.
(C) The director shall order that the condition or
practice
constituting a class I violation be abated or eliminated
within
twenty-four hours or any longer period
that the director
considers
reasonable. The notice for a class II or a class III
violation
shall specify a time within which the violation is
required to be
corrected.
(D) If the facility does not request a conference or if,
after a conference, it fails to take action to correct a
violation
in the time prescribed by the director, the director shall issue
an order upholding the
penalty, plus interest at the rate
specified in
section 1343.03
of
the Revised Code for each day
beyond the date
set for payment
of
the penalty. The director may
waive the
interest payment for
the
period prior to the conference
if
the
director concludes that
the
conference was necessitated by
a
legitimate dispute.
(E) The director may cancel or reduce the penalty for a
class
I violation if the facility corrects the violation within
the time
specified in the notice unless, except that the director shall
impose the
penalty even though the facility has corrected the
violation if a
resident suffers
physical harm because of the
violation or unless
the facility has
been cited previously for
the same violation, in
which case the
director shall impose the
penalty even though the
facility has
corrected the violation. The
director shall may
cancel the penalty
for a class II or class III
violation if the
facility corrects
the
violation within the time
specified in the
notice unless and the
facility has not been
cited previously for
the same violation. Each
day of a violation
of any class, after
the date the director sets
for abatement or
elimination,
constitutes a separate and
additional violation.
(F) If an adult care facility fails to pay a penalty
imposed
under this section, the director may commence a civil
action to
collect the penalty. The license of an adult care
facility that
has failed to pay a penalty imposed under this
section shall not
be renewed until the penalty has been paid.
(G) If a penalty is imposed under this section, a fine
shall
not be imposed under section 3722.99 of the Revised Code
for the
same violation.
(H) Notwithstanding any other division of this section,
the
director shall not impose a penalty for a class I violation
if all
of the following apply:
(1) A resident has not suffered physical harm because of
the
violation;
(2) The violation has been corrected and is no longer
occurring;
(3) The violation is discovered by an inspector authorized
to
inspect an adult care facility pursuant to this chapter by
an
examination of the records of the facility.
Sec. 3722.09. (A) If the director of health determines that
the operation of an
adult care facility jeopardizes the health or
safety of any of the residents
of the facility or if the director
determines that an adult care facility is
operating without a
license, the director may petition the court of common
pleas in
the county in which the facility is located for appropriate
injunctive relief against the facility. The If injunctive relief
is granted against a facility for operating without a license and
the facility continues to operate without a license, the director
shall refer the case to the attorney general for further action.
(B) The court petitioned under division (A) of this section
shall grant injunctive
relief upon a showing that the operation of
the facility jeopardizes the
health or safety of any of the
residents of the facility or that the facility
is operating
without a license. When the court grants injunctive relief in the
case of a facility operating without a license, the court shall
issue, at a minimum, an order enjoining the facility from
admitting new residents to the facility and an order requiring the
facility to assist resident rights advocates with the safe and
orderly relocation of the facility's residents.
Sec. 3722.10. (A) The public health council shall have
the
exclusive authority to adopt, and the council shall adopt, rules
in accordance with
Chapter 119. of
the Revised Code governing the
licensing and operation of adult
care facilities. The rules shall
be adopted in accordance with Chapter 119. of the Revised Code and
shall specify all of the following:
(1) Procedures for the issuance, renewal, and revocation
of
licenses and temporary licenses, for the granting and denial
of
waivers, and for the issuance and termination of orders of
suspension of admission pursuant to section 3722.07 of the
Revised
Code;
(2) The qualifications required for owners, managers, and
employees of adult care facilities, including character,
training,
education, experience, and financial resources and the
number of
staff members required in a facility;
(3) Adequate space, equipment, safety, and sanitation
standards for the premises of adult care facilities, and fire
protection standards for adult family homes as required by
section
3722.041 of the Revised Code;
(4) The personal, social, dietary, and recreational
services
to be provided to each resident of adult care
facilities;
(5) Rights of residents of adult care facilities, in
addition
to the rights enumerated under section 3722.12 of the
Revised
Code, and procedures to protect and enforce the rights of
these
residents;
(6) Provisions for keeping records of residents and for
maintaining the confidentiality of the records as required by
division (B) of section 3722.12 of the Revised Code. The
provisions for maintaining the confidentiality of records shall,
at the minimum, meet the requirements for maintaining the
confidentiality of records under Title XIX of the "Social
Security
Act," 49 Stat. 620, 42 U.S.C. 301, as amended, and
regulations
promulgated thereunder.
(7) Measures to be taken by adult care facilities relative
to
residents' medication, including policies and procedures
concerning medication, storage of medication in a locked area,
and
disposal of medication and assistance with
self-administration of
medication, if the facility provides
assistance;
(8) Requirements for initial and periodic health
assessments
of prospective and current adult care facility
residents by
physicians or other health professionals to ensure
that they do
not require a level of care beyond that which is
provided by the
adult care facility, including assessment of
their capacity to
self-administer the medications prescribed for
them;
(9) Requirements relating to preparation of special diets;
(10) The amount of the fees for new and renewal license
applications made pursuant to sections 3722.02 and 3722.04 of the
Revised Code;
(11) Measures to be taken by any employee of the state or
any
political subdivision of the state authorized by this chapter
to
enter an adult care facility to inspect the facility or for
any
other purpose, to ensure that the employee respects the
privacy
and dignity of residents of the facility, cooperates with
residents of the facility and behaves in a congenial manner
toward
them, and protects the rights of residents;
(12)
How an owner or manager of an adult
care facility is to
comply with section 3722.18 of the Revised Code. The At a minimum,
the rules shall do at
least both of the following:
(a) Establish establish the procedures an owner or manager is
to follow
under division (A)(2) of section 3722.18 of the Revised
Code regarding referrals to
the facility of prospective residents
with mental illness or severe mental
disability and effective
arrangements for ongoing mental health services for
such
prospective residents. The procedures may provide for any of the
following:
(i)(a) That the owner or manager sign written agreements with
the
mental health agencies and boards of alcohol, drug addiction,
and mental
health services that refer such prospective residents
to the facility. Each
agreement shall cover all such prospective
residents referred by the agency or
board with which the owner or
manager enters into the agreement.
(ii)(b) That the owner or manager and the mental health
agencies and
boards of alcohol, drug addiction, and mental health
services that refer such
prospective residents to the facility
develop and sign a plan
for services for each such prospective
resident;
(iii)(c) Any other process regarding referrals and effective
arrangements for ongoing mental health services.
(b) Specify the date an owner or manager must begin to follow
the
procedures established by division (A)(12)(a) of this
section.
(13)
Any other rules necessary for the administration and
enforcement of this chapter.
(B) After consulting with relevant constituencies, the
director of mental health shall prepare and submit to the director
of health
recommendations for the content of rules to be adopted
under
division (A)(12) of this section. The public health council
shall adopt the
rules required by division (A)(12) of this section
no later than
July 1, 2000.
(C) The director of health shall advise adult care
facilities
regarding compliance with the requirements of this
chapter and
with the rules adopted pursuant to this chapter.
(D) Any duty or responsibility imposed upon the director
of
health by this chapter may be carried out by an employee of
the
department of health.
(E) Employees of the department of health may enter, for
the
purposes of investigation, any institution, residence,
facility,
or other structure which has been reported to the
department as,
or that the department has reasonable cause to
believe is,
operating as an adult care facility without a valid
license.
Sec. 3722.13. (A) Each adult care facility shall
establish a
written residents' rights policy containing the text
of sections
3722.12 and 3722.14 of the Revised Code and rules
adopted by the
public health council pursuant to this chapter, a
discussion of
the rights and responsibilities of residents under
that section,
and the text of any additional rule for residents
promulgated by
the facility. At the time of admission the
manager shall give a
copy of the residents' rights policy to the
resident and his the
resident's sponsor, if any, and explain the
contents of the
policy
to them. The facility shall establish procedures for
facilitating
the residents' exercise of their rights.
(B) Each adult care facility shall post prominently within
the facility a copy of the residents' rights listed in division
(B) of section 3722.12 of the Revised Code and any additional
residents' rights established by rules adopted by the public
health council pursuant to this chapter, and the addresses and
telephone numbers of the state long-term care facilities
ombudsman
ombudsperson and the regional ombudsman
ombudsperson for the area
in which the
facility is located, and of the central and district
offices of the telephone number maintained by
the department of
health for accepting complaints.
Sec. 3722.14. (A)(1) Except as provided in division
(A)(2)
of this section, an adult care facility may transfer or
discharge
a resident, in the absence of a request from the
resident, only
for the following reasons:
(a) Charges for the resident's accommodations and services
have not been paid within thirty days after the date on which
they
became due;
(b) The mental, emotional, or physical condition of the
resident requires a level of care that the facility is unable to
provide;
(c) The health, safety, or welfare of the resident or of
another resident requires a transfer or discharge;
(d) The facility's license has been revoked or renewal has
been denied pursuant to this chapter;
(e) The owner closes the facility;
(f) The resident is relocated as the result of a court's
order issued under section 3722.09 of the Revised Code as part of
the injunctive relief granted against a facility that is operating
without a license.
(2) An adult family home may transfer or discharge a
resident
if transfer or discharge is required for the health,
safety, or
welfare of an individual who resides in the home but
is not a
resident for whom supervision or personal services are
provided.
(B)(1) The facility shall give a resident thirty days advance
notice, in writing, of a proposed transfer or discharge, except
that if the transfer or discharge is for a reason given in
divisions (A)(1)(b) to (f) or (A)(2) to (5) of this
section and an
emergency
exists, the notice need not be given thirty days in
advance. The
resident may request and the director of health shall
conduct a
hearing if the transfer or discharge is based upon
division
(A)(1), (2), or (3) of this
section. The public health
council shall adopt rules governing the procedure for conducting
such a hearing. The facility shall state in the written notice
the
reasons for the proposed transfer or discharge. If the
resident is
entitled to a hearing as specified in division (B)(2) of this
section, the written notice shall
outline the procedure for the
resident to follow in requesting a
hearing.
(2) A resident may request a hearing if a proposed transfer
or discharge is based on reason given in division (A)(1)(a) to (c)
or (A)(2) of this section. If the resident seeks a hearing, he the
resident shall submit a
request
to the director not later than ten
days after receiving the
written notice. The director shall hold
the hearing not later
than ten days after receiving the request. A
representative of
the director shall preside over the hearing and
shall issue a
written recommendation of action to be taken by the
director not
later than three days after the hearing. The director
shall
issue an order regarding the transfer or discharge not later
than
two days after receipt of the recommendation. The order may
prohibit or place conditions on the discharge or transfer. In
the
case of a transfer, the order may require that the transfer
be to
an institution or facility specified by the director. The
hearing
is not subject to section 121.22 of the Revised Code. The public
health council shall adopt rules governing any additional
procedures necessary for conducting the hearing.
(C)(1) The owner of an adult care facility who is closing
the
facility shall inform the director of health in writing at
least
thirty days prior to the proposed date of closing. At the
same
time, the owner or manager shall inform each resident, his the
resident's
guardian, his the resident's sponsor, or any
organization or
agency acting on
behalf of the resident, of the
closing of the facility and the
date of the closing.
(2) Immediately upon receiving notice that a facility is
to
be closed, the director shall monitor the transfer of
residents to
other facilities and ensure that residents' rights
are protected.
The director shall notify the ombudsman
ombudsperson in the
region
in which the facility is located of the closing.
(3) All charges shall be prorated as of the date on which
the
facility closes. If payments have been made in advance, the
payments for services not rendered shall be refunded to the
resident or the resident's guardian not later than seven days
after the closing of the facility.
(4) Immediately upon the closing of a facility, the owner
shall surrender the license to the director, and the license
shall
be canceled.
Sec. 3722.15. (A) The following may enter an adult care
facility at any time:
(1) Employees designated by the director of
health;
(2) Employees designated by the director of aging;
(3) Employees
designated by the attorney general;
(4) Employees designated by a
county department of job and
family services to implement
sections 5101.60
to 5101.71 of the
Revised Code;
(5) Persons employed pursuant to
division (M) of section
173.01 of the Revised Code in the
long-term care facilities
ombudsperson program;
(6) Employees of the department of mental health designated
by the
director of mental health;
(7) Employees of a mental health agency,
if under either of
the following circumstances:
(a) When the agency
has a
client residing in the facility;
(b) When the agency is acting as an agent of a board of
alcohol, drug addiction, or mental health services other than the
board with which it is under contract.
(8) Employees of a board of alcohol, drug addiction, and
mental
health services, when under any of the following
circumstances:
(a) When authorized by section 340.05 of the
Revised
Code or
if
an individual;
(b) When a resident of the facility is receiving mental
health services
provided by
the
that board or another board of
alcohol, drug addiction, and mental
health services pursuant to
division (A)(8)(b) of section
340.03
of the Revised Code or;
(c) When a resident of the facility is receiving services
from a
mental health agency under
contract with the that board
resides in the
facility or another board of alcohol, drug
addiction, and mental health services.
These The
employees specified in divisions (A)(1) to (8) of
this section shall be afforded
access to all records of
the
facility, including records
pertaining to residents, and may
copy
the records. Neither these
employees nor the director of
health
shall release, without
consent, any information obtained
from the
records of an adult
care facility that reasonably would
tend to
identify a specific
resident of the facility, except as
ordered by
a court of
competent jurisdiction.
(B) The following persons may enter any adult care
facility
during reasonable hours:
(1) A resident's sponsor;
(2) Residents' rights advocates;
(3) A resident's attorney;
(4) A minister, priest, rabbi, or other person ministering
to
a resident's religious needs;
(5) A physician or other person providing health care
services to a resident;
(6) Employees authorized by county departments of job and
family
services and local boards of health or health departments
to
enter adult care facilities;
(7) A prospective resident and prospective resident's
sponsor.
(C) The manager of an adult care facility may require a
person seeking to enter the facility to present identification
sufficient to identify the person as an authorized person
under
this section.
Sec. 3722.16. (A) No person shall:
(1) Operate an adult care facility unless the facility is
validly licensed by the director of health under section 3722.04
of the Revised Code;
(2) Admit to an adult care facility more residents than
the
number authorized in the facility's license;
(3) Admit a resident to an adult care facility after the
director has issued an order pursuant to section 3722.07 of the
Revised Code suspending admissions to the facility. Violation of
division (A)(3) of this section is cause for revocation of the
facility's license.
(4) Interfere with any authorized inspection of an adult
care
facility conducted pursuant to section 3722.02 or 3722.04 of
the
Revised Code;
(5) Admit to an adult care facility a resident requiring
publicly funded mental health services without first notifying the
board of alcohol, drug addiction, and mental health services
serving the alcohol, drug addiction, and mental health service
district in which the facility is located;
(6) Violate any of the provisions of this chapter or any
of
the rules adopted pursuant to it.
(B) No adult care facility shall provide, or admit or
retain
any resident in need of, skilled nursing care unless all of
the
following conditions are the case met:
(1) The care will be provided on a part-time, intermittent
basis for not more than a total of one hundred twenty days in any
twelve-month period.
(2) The care will be provided by one or more of the
following:
(a) A home health agency certified under Title XVIII of
the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,
as
amended:;
(b) A hospice care program licensed under Chapter 3712. of
the Revised Code;
(c) A nursing home licensed under Chapter 3721. of the
Revised Code and owned and operated by the same person and
located
on the same site as the adult care facility;
(d) A mental health agency or, pursuant to division
(A)(8)(b)
of section 340.03 of the Revised Code, a board of
alcohol, drug
addiction,
and mental health services.
(2)(3) Each individual employed by, under contract with, or
otherwise used by any of the entities specified in division (B)(2)
of this section to perform the skilled nursing care is authorized
under the laws of this state to perform the care by being
appropriately licensed, as specified in rules adopted under
division (G) of this section.
(4) The staff of the home health agency, hospice care
program, nursing home, mental health agency, or board of
alcohol,
drug addiction, and mental health services one or more entities
providing the skilled nursing care does not train the adult care
facility
staff to provide
the skilled nursing care;
(3)(5) The individual to whom the skilled nursing care is
provided is suffering from a short-term illness;
(4)(6) If the skilled nursing care is to be provided by the
nursing staff of a nursing home, all of the following are the
case:
(a) The adult care facility evaluates the individual
receiving the skilled nursing care at least once every seven days
to determine whether the individual should be transferred to
a
nursing home;
(b) The adult care facility meets at all times staffing
requirements established by rules adopted under section 3722.10
of
the Revised Code;
(c) The nursing home does not include the cost of
providing
skilled nursing care to the adult care facility
residents in a
cost report filed under section 5111.26 of the
Revised Code;
(d) The nursing home meets at all times the nursing home
licensure staffing ratios established by rules adopted under
section 3721.04 of the Revised Code;
(e) The nursing home staff providing skilled nursing care
to
adult care facility residents are registered nurses or
licensed
practical nurses licensed under Chapter 4723. of the
Revised Code
and meet the personnel qualifications for nursing
home staff
established by rules adopted under section 3721.04 of
the Revised
Code;
(f) The skilled nursing care is provided in accordance
with
rules established for nursing homes under section 3721.04 of
the
Revised Code;
(g) The nursing home meets the skilled nursing care needs
of
the adult care facility residents;
(h) Using the nursing home's nursing staff does not
prevent
the nursing home or adult care facility from meeting the
needs of
the nursing home and adult care facility residents in a
quality
and timely manner.
(7) No adult care facility staff shall provide skilled
nursing care.
Notwithstanding section 3721.01 of the Revised Code, an
adult
care facility in which residents receive skilled nursing
care as
described in division (B) of this section is not a
nursing home.
No adult care facility shall provide skilled
nursing care.
(C) A home health agency or hospice care program that
provides skilled nursing care pursuant to division (B) of this
section may not be associated with the adult care facility unless
the facility is part of a home for the aged as defined in section
5701.13 of the Revised Code or the adult care facility is owned
and operated by the same person and located on the same site as a
nursing home licensed under Chapter 3721. of the Revised Code
that
is associated with the home health agency or hospice care
program.
In addition, the following requirements shall be met:
(1) The adult care facility shall evaluate the individual
receiving the skilled nursing care not less than once every seven
days to determine whether the individual should be
transferred to
a nursing
home;
(2) If the costs of providing the skilled nursing care are
included in a cost report filed pursuant to section 5111.26 of
the
Revised Code by the nursing home that is part of the same
home for
the aged, the home health agency or hospice care program
shall not
seek reimbursement for the care under the medical
assistance
program established under Chapter 5111. of the Revised
Code.
(D)(1) No person knowingly shall place or recommend
placement
of any person in an adult care facility that is
operating without
a license.
(2)(E) No employee of a unit of local or state government,
board of
alcohol, drug addiction, and mental
health
services,
mental health agency, or
PASSPORT administrative agency shall
place or recommend placement of any person in an adult care
facility if the employee knows that either of the following:
(1) That the facility cannot meet the
needs of the potential
resident;
(2) That placement of the resident would cause the facility
to exceed its licensed capacity.
(3) No person who has reason to believe that an adult care
facility is operating without a license shall fail to report this
information to the director of health.
(E)(F) In accordance with Chapter 119. of the Revised Code,
the
public health council shall adopt rules that define for
purposes of division (B) of this section that do all of the
following:
(1) Define a
short-term
illness for purposes of division
(B)(3)(5) of this
section and
specify;
(2) Specify, consistent with rules pertaining to home
health
care
adopted by the director of job and family
services under the
medical assistance program established under Chapter 5111. of the
Revised Code and Title XIX of the "Social Security Act," 49
Stat.
620 (1935), 42 U.S.C. 301, as amended, what constitutes a
part-time, intermittent basis for purposes of division (B)(1) of
this section;
(3) Specify what constitutes being appropriately licensed for
purposes of division (B)(3) of this section.
Sec. 3722.17. (A) Any person who believes that an adult
care
facility is in violation of this chapter or of any of the
rules
promulgated pursuant to it may report the information to
the
director of health. The director shall investigate each
report
made under this section or section 3722.16 of the Revised
Code and
shall inform the facility of the results of the
investigation.
When investigating a report made pursuant to section
340.05 of the
Revised Code, the director shall consult with the board of
alcohol, drug
addiction, and mental health services that made the
report. The
director shall keep a record of the
investigation and
the action taken as a result of the
investigation.
The director shall not reveal, without consent, the
identity
of a person who makes a report under this section or
division
(D)(3)(F) of section 3722.16 of the Revised Code, the
identity of
a specific resident or residents referred to in such
a report, or
any other information that could reasonably be
expected to reveal
the identity of the person making the report
or the resident or
residents referred to in the report, except
that the director may
provide this information to a government
agency responsible for
enforcing laws applying to adult care
facilities.
(B) Any person who believes that a resident's rights under
sections 3722.12 to 3722.15 of the Revised Code have been
violated
may report the information to the state or regional
long-term care
facilities ombudsperson or to the
director of health. If the
person believes that the resident has mental
illness or severe
mental disability and is suffering abuse or neglect, the
person
may report the information to the board of alcohol, drug
addiction, and
mental health services serving the alcohol, drug
addiction, and mental health
service district in which the adult
care facility is located or a mental
health agency under contract
with the board in addition to or instead of the
ombudsperson or
director.
(C) Any person who makes a report pursuant to division (A)
or
(B) of this section or division (D)(3)(F) of section 3722.16 of
the Revised Code or any person who participates in an
administrative or judicial proceeding resulting from such a
report
is immune from any civil liability or criminal liability,
other
than perjury, that might otherwise be incurred or imposed
as a
result of these actions, unless the person has acted in bad
faith
or with malicious purpose.
Sec. 3722.18. Before an adult care facility admits a
prospective resident
who the owner or manager of the facility
knows has been assessed as having a
mental illness or severe
mental disability, the owner or manager shall do is subject to
both of the
following in accordance with rules adopted under
division (A)(12) of
section 3722.10 of the Revised Code:
(A) If the prospective resident is referred to the facility
by a
mental health agency or board of alcohol, drug addiction, and
mental health
services, do the following:
(1) Except in an emergency and only until the date an owner
or manager of
an adult care facility must begin to follow
procedures under division
(A)(2) of this section, enter into an
affiliation agreement with the
agency or board. An affiliation
agreement with the agency is subject to the
board's approval. An
affiliation agreement must be consistent with the
residential
portion of the board's community mental health plan submitted to
the department of mental health under section 340.03 of the
Revised Code.
(2) Beginning on the date specified in rules adopted under
division
(A)(12) of section 3722.10 of the Revised Code, the owner
or manager shall follow procedures established
in those rules
adopted under division (A)(12) of section 3722.10 of the Revised
Code regarding referrals and effective arrangements for ongoing
mental health services.
(B) If the prospective resident is not referred to the
facility
by a mental health agency or board of alcohol, drug
addiction, and mental
health services, document that the owner or
manager has offered shall offer to assist the
prospective resident
in obtaining appropriate mental health services and document the
offer of assistance in accordance with rules adopted under
division (A)(12) of section 3722.10 of the Revised Code.
Sec. 3722.99. Whoever violates division (A) or (B)(1) of
section 3722.16 of the
Revised Code shall be fined five hundred
two thousand dollars for a first offense; for each
subsequent
offense, such person shall be fined one five thousand dollars.
Whoever violates division (C) of section 3722.12 or division
(A)(2), (3), (4), (5) or (6), (B), (C), (D), (E), or (F) of
section
3722.16 of the Revised Code shall be
fined one five
hundred
dollars for a first offense; for each subsequent offense,
such
person shall be fined five hundred one thousand dollars.
Sec. 3727.02. (A) No person and no political subdivision,
agency, or
instrumentality of this state shall operate a hospital
unless it is certified
under Title XVIII of the "Social Security
Act," 49 Stat. 620 (1935), 42
U.S.C. 301, as amended, or is
accredited by the joint commission
or the American osteopathic
association a national accrediting organization approved by the
centers for medicare and medicaid services and the director of
health.
(B) No person and no political subdivision, agency, or
instrumentality of
this state shall hold out as a hospital any
health facility that is not
certified or accredited as required in
division (A) of this section.
Sec. 3727.05 3727.04. The director of health may petition
the court of common pleas
of the county in which a hospital is
located for an order enjoining any person
or any political
subdivision, agency, or instrumentality of this state from
violating section 3727.02 of the Revised Code. Irrespective of any
other
remedy the director may have in law or equity, the court may
grant the order
upon a showing that the respondent named in the
petition is violating section
3727.02 of the Revised Code.
Sec. 3701.71 3727.05. To comply with the Social Security Act
Amendments of 1950,
known as Public Law 734-81st Congress, the
Ohio The department of health is hereby
designated as the state
authority responsible for establishing and maintaining
shall
establish, maintain, and enforce minimum standards for voluntary
and governmental hospitals and in for units
providing medical and
nursing care in city and county institutions.
Sec. 3701.72 3727.051. Subject to the provisions of sections
119.01 to 119.13
inclusive, of the Revised Code, the The Ohio
department of health shall have the
power to may adopt reasonable
rules and regulations to establish and maintain such
minimum
standards implement section 3727.05 of the Revised Code. The rules
shall be adopted under Chapter 119. of the Revised Code.
Sec. 3727.052. All prosecutions and proceedings by the
department of health for a violation of the minimum standards
established under section 3727.05 of the Revised Code, a violation
of any of the rules adopted under section 3727.051 of
the
Revised
Code, or a violation of
any order issued by the department to
enforce those standards or rules shall be instituted
by the
director of
health. All fines or judgments
the
department
collects shall be
paid into the state treasury to the
credit of
the general revenue
fund.
The director may petition the court of common pleas for
injunctive or other appropriate relief requiring any person
committing the alleged violation to comply with the applicable
standard, rule, or
order. The court of common pleas of the county
in which the
offense is alleged to be occurring may grant such
injunctive or
other appropriate relief as the equities of the case
require.
Sec. 3727.04 3727.053. In addition to any other inspections
authorized by law, the
director of health may inspect any hospital
if there are substantial
allegations or evidence of a significant
deficiency or deficiencies that
would, if found to be present,
adversely affect the health or safety of its
patients and may make
such other inspections as are necessary to enforce this
chapter.
Sec. 3729.07. The licensor of a recreational vehicle park,
recreation camp, or combined park-camp
may charge a fee for an
annual license to operate such a park,
camp, or park-camp. In the
case of a temporary park-camp, the
licensor may charge a fee for a
license to operate the temporary
park-camp for the period
specified in division (A) of section
3729.05 of the Revised Code.
The fees for both types of licenses
shall be determined in
accordance with section 3709.09 of the
Revised Code and shall
include the cost of licensing and all
inspections.
Except for the fee for a temporary park-camp license, the
fee
also shall include any additional amount determined by rule
of the
public health council, which shall be collected and
transmitted by
the board of health to the treasurer of state to
be credited to
the general operations fund created in section
3701.83 of the
Revised Code director of health pursuant to section 3709.092 of
the Revised Code and used only for the purpose of
administering
and enforcing this chapter and rules adopted under it. The
portion
of any fee retained by the board of health shall be paid
into a
special fund and used only for the purpose of
administering and
enforcing this chapter and rules adopted under it.
Sec. 3733.04. The licensor of a manufactured home park
may
charge a fee for an annual license to operate such a park. The fee
for
a license shall be determined in accordance with section
3709.09 of the
Revised Code and shall include the cost of
licensing and all
inspections.
The fee also shall include any additional amount determined
by rule
of the public health council, which shall be collected and
transmitted by the board of health to the treasurer of state to
be
credited to the general operations fund created in section
3701.83
of the Revised Code director of health pursuant to section
3709.092 of the Revised Code and used only for the purpose of
administering and enforcing sections 3733.01 to 3733.08 of the
Revised Code and the rules adopted under those sections. The
portion of any fee retained by the board of health shall be paid
into a special fund and used only for the purpose of
administering
and enforcing sections 3733.01 to 3733.08 of the
Revised Code and
the rules adopted thereunder.
Sec. 3733.25. Any fee for the license required by section
3733.24 of the Revised Code shall be determined in accordance
with
section 3709.09 of the Revised Code. The license fee shall
include
any additional amount determined by rule of the public
health
council, which shall be collected and transmitted by the
board of
health district to the director of health for deposit in the
state
treasury to the credit of the general operations fund
created in
section 3701.83 of the Revised Code pursuant to section 3709.092
of the Revised Code and shall be used
by the director to
administer and enforce sections 3733.21 to
3733.30 of the Revised
Code and rules adopted thereunder. The
portion of any fee retained
by the health district shall be paid
into a special fund which is
hereby created in each health
district and shall be used only by
the board for the purpose of
administering and enforcing sections
3733.21 to 3733.30 of the
Revised Code and the rules adopted
thereunder. The health
district may charge additional reasonable
fees for the collection
and bacteriological examination of any
necessary water samples
taken from a marina.
Sec. 3733.43. (A) Except as otherwise provided in this
division, prior to the fifteenth day of April in each year, every
person who intends to operate an agricultural labor camp shall
make application to the licensor for a license to operate such
camp, effective for the calendar year in which it is issued. The
licensor may accept an application on or after the fifteenth day
of April. The license fees specified in this division shall be
submitted to the licensor with the application for a license. No
agricultural labor camp shall be operated in this state without a
license. Any person operating an agricultural labor camp without
a
current and valid agricultural labor camp license is not
excepted
from compliance with sections 3733.41 to 3733.49 of the
Revised
Code by holding a valid and current hotel license. Each
person
proposing to open an agricultural labor camp shall submit
with the
application for a license any plans required by any rule
adopted
under section 3733.42 of the Revised Code. The For any license
issued on or after July 1, 2009, the annual
license fee is
seventy-five one hundred fifty dollars, unless the application for
a
license is made on or after the fifteenth day of April in any
given year, in which
case the annual license fee is one hundred
sixty-six dollars. An For any license issued on or after July 1,
2009, an additional fee
of ten twenty dollars per housing unit per
year shall be assessed to
defray the costs of enforcing sections
3733.41 to 3733.49 of the
Revised Code, unless the application for
a license is made on or
after the fifteenth day of April in any
given year, in which case an additional fee
of fifteen forty-two
dollars and fifty cents per housing unit shall be assessed. All
fees
collected under this division shall be deposited in the state
treasury to the credit of the general operations fund created in
section 3701.83 of the Revised Code and shall be used for the
administration and enforcement of sections 3733.41 to 3733.49 of
the Revised Code and rules adopted thereunder.
(B) Any license under this section may be denied,
suspended,
or revoked by the licensor for violation of sections
3733.41 to
3733.49 of the Revised Code or the rules adopted
thereunder.
Unless there is an immediate serious public health
hazard, no
denial, suspension, or revocation of a license shall
be made
effective until the person operating the agricultural
labor camp
has been given notice in writing of the specific
violations and a
reasonable time to make corrections. When the
licensor determines
that an immediate serious public health
hazard exists, the
licensor shall issue an order denying or
suspending the
license
without a prior hearing.
(C) All proceedings under this section are subject to
Chapter
119. of the Revised Code except as provided in section
3733.431 of
the Revised Code.
(D) Every occupant of an agricultural labor camp shall
keep
that part of the dwelling unit, and premises thereof, that
the
occupant occupies and controls in a clean and sanitary
condition.
Sec. 3734.28. All Except as otherwise provided in section
3734.282 of the Revised Code, moneys collected under sections
3734.122,
3734.13,
3734.20,
3734.22, 3734.24, and 3734.26 of the
Revised
Code and natural resource damages
collected by the state
under the
"Comprehensive Environmental Response,
Compensation, and
Liability
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as
amended, shall
be
paid into
the state treasury to the credit of
the hazardous
waste clean-up fund, which
is hereby created. In
addition, any moneys recovered for costs paid from the fund for
activities described in division divisions (A)(1) and (2) of
section 3745.12 of the Revised Code shall be credited to the fund.
The environmental
protection agency shall use the moneys
in the
fund for the
purposes set forth in division (D) of section
3734.122, sections
3734.19, 3734.20, 3734.21, 3734.23,
3734.25,
3734.26,
and
3734.27, and, through October 15, 2005,
divisions
(A)(1) and (2)
of
section 3745.12, and
Chapter 3746. of the
Revised
Code,
including
any related enforcement expenses. In
addition, the
agency
shall
use the moneys in the fund to pay the
state's
long-term operation
and
maintenance costs or matching
share for
actions taken under
the
"Comprehensive Environmental
Response,
Compensation, and
Liability Act of 1980," as
amended. If
those
moneys are
reimbursed by grants or other moneys from the
United
States or any
other person, the moneys shall be
placed in
the fund
and not in
the general revenue fund.
The director of environmental protection may enter into
contracts and grant agreements with federal, state, or local
government agencies, nonprofit organizations, and colleges and
universities for the purpose of carrying out the responsibilities
of the environmental protection agency for which money may be
expended from the fund.
Sec. 3734.281. Notwithstanding any provision of law to the
contrary, any moneys set aside by the state for the cleanup and
remediation of the Ashtabula river; any Except as otherwise
provided in section 3734.282 of the Revised Code, moneys collected
from
judgements for the state or settlements made by with the
director of environmental
protection, including those
associated
with bankruptcies, related
to
actions brought under Chapter 3714.
and section 3734.13,
3734.20,
3734.22, 6111.03, or
6111.04 of the
Revised Code; and any
moneys received under the
"Comprehensive
Environmental Response,
Compensation, and
Liability Act of 1980,"
94 Stat.
2767, 42 U.S.C.
9602 9601 et seq., as amended, may be
paid into the state
treasury
to the credit of the environmental
protection remediation fund,
which
is hereby created. The
environmental protection agency shall
use the moneys
in the fund
only for the purpose of remediating
conditions at a hazardous
waste facility, a solid waste facility,
a construction and
demolition debris facility licensed under
Chapter 3714. of the
Revised Code, or another location at which
the director has reason
to believe there is a substantial threat
to public health or
safety or the environment. Remediation may
include the direct and
indirect costs associated with the
overseeing, supervising,
performing, verifying, or reviewing of
remediation activities by
agency employees. All investment
earnings of the fund shall be
credited to the fund.
The director of environmental protection may enter into
contracts and grant agreements with federal, state, or local
government agencies, nonprofit organizations, and colleges and
universities for the purpose of carrying out the responsibilities
of the environmental protection agency for which money may be
expended from the fund.
Sec. 3734.282. All money collected by the state for natural
resources damages under the "Comprehensive Environmental Response,
Compensation, and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.
9601 et seq., as amended, the "Oil Pollution Act of 1990," 104
Stat. 484, 33 U.S.C. 2701 et seq., as amended, the "Clean Water
Act," 86 Stat. 862, 33 U.S.C. 1321, as amended, or any other
applicable federal or state law shall be paid into the state
treasury to the credit of the natural resource damages fund, which
is hereby created. The director of environmental protection shall
use money in the fund only in accordance with the purposes of and
the limitations on natural resources damages set forth in the
"Comprehensive Environmental Response, Compensation, and Liability
Act of 1980," as amended, the "Oil Pollution Act of 1990," as
amended, the "Clean Water Act," as amended, or another applicable
federal or state law. All investment earnings of the fund shall be
credited to the fund.
The director of environmental protection may enter into
contracts
and grant agreements with federal, state, or local
government
agencies, nonprofit organizations, and colleges and
universities
for the purpose of carrying out the director's
responsibilities
for which money may be expended from the fund.
Sec. 3734.57. (A) The following fees are hereby
levied on
the transfer or
disposal of
solid wastes in this state:
(1) One dollar per ton on and after July 1, 2003, through
June 30, 2010 2012, one-half of the proceeds of which shall be
deposited in the state treasury to the credit of the hazardous
waste facility management fund created in section 3734.18 of the
Revised Code and one-half of the proceeds of which shall be
deposited in the state treasury to the credit of the hazardous
waste clean-up fund created in section 3734.28 of the Revised
Code;
(2) An additional one dollar per ton on
and after
July 1,
2003, through June 30,
2010 2012, the proceeds of which shall be
deposited in the state treasury to the credit of the solid waste
fund, which is hereby created. The environmental protection agency
shall use money in the solid waste fund to pay the costs of
administering and enforcing the laws pertaining to solid wastes,
infectious wastes, and construction and demolition debris,
including, without limitation, ground water evaluations related to
solid wastes, infectious wastes, and construction and demolition
debris, under this chapter and Chapter 3714. of the Revised Code
and any rules adopted under them, providing compliance assistance
to small businesses, and paying a share of the administrative
costs of the environmental protection agency pursuant to section
3745.014 of the Revised Code.
(3) An additional one dollar two dollars and fifty cents per
ton on and
after July 1, 2005 2009, through June 30, 2010 2012,
the proceeds of
which
shall be deposited in the state treasury
to the credit of
the
environmental protection fund created in
section 3745.015 of
the
Revised Code;
(4) An additional twenty-five cents per ton on and after July
1, 2009, through June 30, 2012, the proceeds of which shall be
deposited in the state treasury to the credit of the soil and
water conservation district assistance fund created in section
1515.14 of the Revised Code.
In the case of solid wastes that are taken to a solid waste
transfer facility located in this state prior to being transported
for disposal at a solid waste disposal facility located in this
state or outside of this state, the fees levied under this
division shall be collected by the owner or operator of the
transfer facility as a trustee for the state. The amount of fees
required to be collected under this division at such a transfer
facility shall equal the total tonnage of solid wastes received at
the facility multiplied by the fees levied under this division. In
the case of solid wastes that are not taken to a solid waste
transfer facility located in this state prior to being transported
to a solid waste disposal facility, the fees shall be collected by
the owner or operator of the solid waste disposal facility as a
trustee for the state. The amount of fees required to be collected
under this division at such a disposal facility shall equal the
total tonnage of solid wastes received at the facility that was
not previously taken to a solid waste transfer facility located in
this state multiplied by the fees levied under this division. Fees
levied under this division do not apply to materials separated
from a mixed waste stream for recycling by a generator or
materials removed from the solid waste stream through recycling,
as "recycling" is defined in rules adopted under section 3734.02
of the Revised Code.
The owner or operator of a solid waste transfer facility or
disposal facility, as applicable, shall prepare and file with the
director of
environmental protection each month a return
indicating the total
tonnage of solid wastes received at the
facility during that month and the total amount of the fees
required to be collected under this
division during that month. In
addition, the owner or operator of a solid waste disposal facility
shall indicate on the return the total tonnage of solid wastes
received from transfer facilities located in this state during
that month for which the fees were required to be collected by the
transfer facilities. The monthly returns shall be filed on a form
prescribed by the director. Not later than thirty days after the
last day of the
month to which a return applies, the owner or
operator shall
mail to the director the return for that month
together with the
fees required to be collected under this
division during that month as indicated on the return or may
submit the return and fees electronically in a manner approved by
the director. If the
return is filed and the amount of the fees
due is paid in a timely
manner as required in this division, the
owner or operator may
retain a discount of three-fourths of one
per cent of the total
amount of the fees that are required to be
paid as indicated on
the return.
The
owner or operator may request an extension of not more
than
thirty
days for filing the return and remitting the fees,
provided that
the owner or operator has submitted such a
request
in writing to
the
director together with a detailed description of
why the
extension is requested, the director has received the
request not
later than the day on which the return is required to
be filed,
and the director has approved the request. If the fees
are not
remitted within thirty days after the last day of the
month to which the return applies or are not remitted by the last
day of an extension approved by the director, the owner or
operator shall not retain the three-fourths of one per cent
discount and shall pay an
additional ten per cent of the amount of
the fees for each
month
that they are late. For purposes of
calculating the late fee, the first month in which fees are late
begins on the first day after the deadline has passed for timely
submitting the return and fees, and one additional month shall be
counted every thirty days thereafter.
The owner or operator of a solid waste facility may request a
refund or credit of fees levied under this division and remitted
to the director that have not been paid to the owner or operator.
Such a request shall be made only if the fees have not been
collected by the owner or operator, have become a debt that has
become worthless or uncollectable for a period of six months or
more, and may be claimed as a deduction, including a deduction
claimed if the owner or operator keeps accounts on an accrual
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26
U.S.C. 166, as amended, and regulations adopted under it. Prior to
making a request for a refund or credit, an owner or operator
shall make reasonable efforts to collect the applicable fees. A
request for a refund or credit shall not include any costs
resulting from those efforts to collect unpaid fees.
A request for a refund or credit of fees shall be made in
writing, on a form prescribed by the director, and shall be
supported by evidence that may be required in rules adopted by the
director under this chapter. After reviewing the request, and if
the request and evidence submitted with the request indicate that
a refund or credit is warranted, the director shall grant a refund
to the owner or operator or shall permit a credit to be taken by
the owner or operator on a subsequent monthly return submitted by
the owner or operator. The amount of a refund or credit shall not
exceed an amount that is equal to ninety days' worth of fees owed
to an owner or operator by a particular debtor of the owner or
operator. A refund or credit shall not be granted by the director
to an owner or operator more than once in any twelve-month period
for fees owed to the owner or operator by a particular debtor.
If, after receiving a refund or credit from the director, an
owner or operator receives payment of all or part of the fees, the
owner or operator shall remit the fees with the next monthly
return submitted to the director together with a written
explanation of the reason for the submittal.
For purposes of computing the fees levied under this division
or division (B) of this section, any solid waste transfer or
disposal facility that does not use scales as a means of
determining gate receipts shall use a conversion factor of three
cubic yards per ton of solid waste or one cubic yard per ton for
baled waste, as applicable.
The fees levied under this division and divisions (B) and
(C)
of this section are in addition to all other applicable fees
and
taxes and shall be paid by the customer or a political subdivision
to the owner or operator of a solid
waste
transfer or disposal
facility notwithstanding the existence of any provision in a
contract that the customer or a political subdivision may have
with the owner or operator or with a transporter of waste to the
facility that would not require or allow such payment.
(B) For the purposes specified in division (G) of this
section, the solid
waste management policy committee of a county
or joint solid waste
management district may levy fees upon the
following
activities:
(1) The disposal at a solid waste disposal facility
located
in the district of solid wastes generated within the
district;
(2) The disposal at a solid waste disposal facility within
the district of solid wastes generated outside the boundaries of
the district, but inside this state;
(3) The disposal at a solid waste disposal facility within
the district of solid wastes generated outside the boundaries of
this state.
The solid waste management plan of
the county or joint
district approved under section 3734.521 or
3734.55 of the Revised
Code and any amendments to it, or the
resolution adopted under
this division, as appropriate, shall
establish the rates of the
fees levied under divisions (B)(1),
(2), and (3) of this section,
if any, and shall specify whether
the fees are levied on the basis
of tons or cubic yards as the
unit of measurement. A solid waste
management
district that levies fees under
this division on the
basis of cubic yards shall do so in accordance with division (A)
of this section.
The fee levied under division
(B)(1) of this section shall be
not less than one dollar per ton
nor more than two dollars per
ton, the fee levied under division
(B)(2) of this section shall be
not less than two dollars per ton
nor more than four dollars per
ton, and the fee levied under
division (B)(3) of this section
shall be not more than the fee
levied under division (B)(1) of
this section.
Prior to the approval of the solid waste management plan of
a
district under section 3734.55 of the Revised Code, the solid
waste management policy committee of a district may levy fees
under this division by adopting a resolution establishing the
proposed amount of the fees. Upon adopting the resolution, the
committee shall deliver a copy of the resolution to the board of
county commissioners of each county forming the district and to
the legislative authority of each municipal corporation and
township under the jurisdiction of the district and shall prepare
and publish the resolution and a notice of the time and location
where a public hearing on the fees will be held. Upon adopting
the
resolution, the committee shall deliver written notice of the
adoption of the resolution; of the amount of the proposed fees;
and of the date, time, and location of the public hearing to the
director and to the fifty industrial, commercial, or
institutional
generators of solid wastes within the district that
generate the
largest quantities of solid wastes, as determined by
the
committee, and to their local trade associations. The
committee
shall make good faith efforts to identify those
generators within
the district and their local trade
associations, but the
nonprovision of notice under this division
to a particular
generator or local trade association does not
invalidate the
proceedings under this division. The publication
shall occur at
least thirty days before the hearing. After the
hearing, the
committee may make such revisions to the proposed
fees as it
considers appropriate and thereafter, by resolution,
shall adopt
the revised fee schedule. Upon adopting the revised
fee schedule,
the committee shall deliver a copy of the
resolution doing so to
the board of county commissioners of each
county forming the
district and to the legislative authority of
each municipal
corporation and township under the jurisdiction of
the district.
Within sixty days after the delivery of a copy of
the resolution
adopting the proposed revised fees by the policy
committee, each
such board and legislative authority, by
ordinance or resolution,
shall approve or disapprove the revised
fees and deliver a copy of
the ordinance or resolution to the
committee. If any such board
or
legislative authority fails to
adopt and deliver to the policy
committee an ordinance or
resolution approving or disapproving the
revised fees within
sixty days after the policy committee
delivered its resolution
adopting the proposed revised fees, it
shall be conclusively
presumed that the board or legislative
authority has approved the
proposed revised fees. The committee
shall determine if the resolution has been ratified in the same
manner in which it determines if a draft solid waste management
plan has been ratified under division (B) of section 3734.55 of
the Revised Code.
The committee may amend the schedule of fees levied
pursuant
to a resolution adopted and
ratified under
this division by
adopting a resolution
establishing the proposed
amount of the
amended fees. The
committee may repeal the fees
levied pursuant to
such a
resolution by
adopting a resolution
proposing to repeal
them. Upon adopting
such a resolution, the
committee shall proceed
to obtain
ratification of the resolution
in accordance with this
division.
Not later than fourteen days after declaring the new fees to
be ratified or the fees to be repealed under this division, the
committee
shall notify by certified mail the owner or operator of
each
solid
waste disposal facility that is required to collect the
fees of
the ratification and the amount of the fees or of the
repeal of the fees. Collection
of any
fees
shall
commence or
collection of repealed fees shall cease on the first day of the
second month following the
month
in which notification is sent to
the owner or operator.
Fees levied under this division also may be established,
amended, or repealed by a solid waste management policy committee
through the adoption of a new district solid waste management
plan, the adoption of an amended plan, or the amendment of the
plan or amended plan in accordance with sections 3734.55 and
3734.56 of the Revised Code or the adoption or amendment of a
district plan in connection with a change in district composition
under section 3734.521 of the Revised Code.
Not later than fourteen days after the director issues an
order approving a district's solid waste management plan, amended
plan, or amendment to a plan or amended plan that
establishes,
amends, or repeals a schedule of fees levied by the district,
the
committee shall notify by certified mail the
owner or operator of
each solid waste disposal facility that is
required to collect the
fees of the approval of the plan or
amended plan, or the amendment
to the plan, as appropriate, and
the amount of the fees, if any.
In the case of an
initial
or amended plan approved under section
3734.521 of the
Revised
Code in connection with a change in
district composition,
other
than one involving the withdrawal of a
county from a joint
district, the committee, within fourteen days
after the change takes effect pursuant to division (G) of that
section, shall notify by certified mail the owner or operator of
each solid waste disposal facility that is required to collect
the
fees that the change has taken effect and of the amount of
the
fees, if any. Collection of any fees shall commence or collection
of repealed fees shall cease on the first
day of the
second month
following the month in which notification
is sent to
the owner or
operator.
If, in the case of a change in district composition
involving
the withdrawal of a county from a joint district, the
director
completes the actions required under division (G)(1) or
(3) of
section 3734.521 of the Revised Code, as appropriate,
forty-five
days or more before the beginning of a calendar year,
the policy
committee of each of the districts resulting from the
change that
obtained the director's approval of an initial or
amended plan in
connection with the change, within fourteen days
after the
director's completion of the required actions, shall
notify by
certified mail the owner or operator of each solid
waste disposal
facility that is required to collect the
district's fees that the
change is to take effect on the first
day of January immediately
following the issuance of the notice
and of the amount of the fees
or amended fees levied under
divisions (B)(1) to (3) of this
section pursuant to the
district's initial or amended plan as so
approved or, if
appropriate, the repeal of the district's
fees by
that
initial or amended plan. Collection of any fees set
forth in
such a plan or amended plan shall commence on the first
day of
January immediately following the issuance of the notice.
If
such
an initial or amended plan repeals a schedule of fees,
collection
of the fees shall cease on that first day of January.
If, in the case of a change in district composition
involving
the withdrawal of a county from a joint district, the
director
completes the actions required under division (G)(1) or
(3) of
section 3734.521 of the Revised Code, as appropriate, less
than
forty-five days before the beginning of a calendar year, the
director, on behalf of each of the districts resulting from the
change that obtained the director's approval of an initial or
amended plan in connection with the change proceedings, shall
notify by certified mail the owner or operator of each solid
waste
disposal facility that is required to collect the
district's fees
that the change is to take effect on the first
day of January
immediately following the mailing of the notice
and of the amount
of the fees or amended fees levied under
divisions (B)(1) to (3)
of this section pursuant to the
district's initial or amended plan
as so approved or, if
appropriate, the repeal of the
district's
fees by that
initial or amended plan. Collection of
any fees set
forth in
such a plan or amended plan shall commence
on the first
day of
the second month following the month in which
notification
is
sent to the owner or operator. If such an initial
or amended
plan repeals a schedule of fees, collection of the
fees shall
cease on the first day of the second month following
the month in
which notification is sent to the owner or operator.
If the schedule of fees that a solid waste management
district is levying under divisions (B)(1) to (3) of this section
is amended or repealed, the fees in effect immediately prior to
the amendment or repeal shall continue to be collected until
collection of the amended fees commences or collection of the
repealed fees ceases, as applicable, as specified in this
division. In the case of a change in district composition, money
so received from the collection of
the fees of the former
districts shall be divided among the
resulting districts in
accordance with division (B) of section
343.012 of the Revised
Code and the agreements entered into under
division (B) of section
343.01 of the Revised Code to establish
the former and resulting
districts and any amendments to those
agreements.
For the purposes of the provisions of division (B) of this
section establishing the times when newly established or amended
fees levied by a district are required to commence and the
collection of fees that have been amended or repealed is
required
to cease,
"fees" or
"schedule of fees" includes, in
addition to
fees levied under divisions (B)(1) to (3) of this
section, those
levied under section 3734.573 or 3734.574 of the
Revised Code.
(C) For the purposes of defraying the added costs to a
municipal corporation or township of maintaining roads and other
public facilities and of providing emergency and other public
services, and compensating a municipal corporation or township
for
reductions in real property tax revenues due to reductions in
real
property valuations resulting from the location and
operation of a
solid waste disposal facility within the municipal
corporation or
township, a municipal corporation or township in
which such a
solid waste disposal facility is located may levy a
fee of not
more than twenty-five cents per ton on the disposal of
solid
wastes at a solid waste disposal facility located within
the
boundaries of the municipal corporation or township
regardless of
where the wastes were generated.
The legislative authority of a municipal corporation or
township may levy fees under this division by enacting an
ordinance or adopting a resolution establishing the amount of the
fees. Upon so doing the legislative authority shall mail a
certified copy of the ordinance or resolution to the board of
county commissioners or directors of the county or joint solid
waste management district in which the municipal corporation or
township is located or, if a regional solid waste management
authority has been formed under section 343.011 of the Revised
Code, to the board of trustees of that regional authority, the
owner or operator of each solid waste disposal facility in the
municipal corporation or township that is required to collect the
fee by the ordinance or resolution, and the director of
environmental protection. Although the fees levied under this
division are levied on the basis of tons as the unit of
measurement, the legislative authority, in its ordinance or
resolution levying the fees under this division, may direct that
the fees be levied on the basis of cubic yards as the unit of
measurement based upon a conversion factor of three cubic yards
per ton generally or one cubic yard per ton for baled wastes.
Not later than five days after enacting an ordinance or
adopting a resolution under this division, the legislative
authority shall so notify by certified mail the owner or operator
of each solid waste disposal facility that is required to collect
the fee. Collection of any fee levied on or after March 24,
1992,
shall commence on the first day of the second month
following the
month in which notification is sent to the owner or
operator.
(D)(1) The fees levied under divisions (A), (B), and (C) of
this
section do not apply to the
disposal of solid wastes that:
(a) Are disposed of at a facility owned by the generator
of
the wastes when the solid waste facility exclusively disposes
of
solid wastes generated at one or more premises owned by the
generator regardless of whether the facility is located on a
premises where the wastes are generated;
(b) Are disposed of at facilities that exclusively dispose
of
wastes that are generated from the combustion of coal, or from
the
combustion of primarily coal in combination with scrap tires,
that
is not combined in any way with garbage at one or more
premises
owned by the generator.
(2) Except as provided in section 3734.571 of the Revised
Code, any fees levied under division (B)(1) of this section apply
to solid wastes originating outside the boundaries of a county or
joint district that are covered by an agreement for the joint use
of solid waste facilities entered into under section 343.02 of
the
Revised Code by the board of county commissioners or board of
directors of the county or joint district where the wastes are
generated and disposed of.
(3) When solid wastes, other than solid wastes that
consist
of scrap tires, are burned in a disposal facility that is
an
incinerator or energy recovery facility, the fees levied under
divisions (A), (B), and (C) of this section
shall be levied upon
the disposal of the fly ash and bottom ash
remaining after burning
of the solid wastes and shall be
collected by the owner or
operator of the sanitary landfill where
the ash is disposed of.
(4) When solid wastes are delivered to a solid waste
transfer
facility, the fees levied under divisions (B) and
(C) of this
section shall be levied upon
the disposal of solid
wastes
transported off the premises of the
transfer facility for
disposal
and shall be collected by the
owner or operator of the
solid waste
disposal facility where the
wastes are disposed of.
(5) The fees levied under divisions (A), (B), and (C) of
this
section do not apply to sewage sludge that is generated by a
waste
water treatment facility holding a national pollutant
discharge
elimination system permit and that is disposed of
through
incineration, land application, or composting or at
another
resource recovery or disposal facility that is not a
landfill.
(6) The fees levied under divisions (A), (B), and (C) of
this
section do not apply to solid wastes delivered to a solid
waste
composting facility for processing. When any unprocessed
solid
waste or compost product is transported off the premises of
a
composting facility and disposed of at a landfill, the fees
levied
under divisions (A), (B), and (C) of this section shall be
collected by the owner or operator of the landfill where the
unprocessed waste or compost product is disposed of.
(7) When solid wastes that consist of scrap tires are
processed at a scrap tire recovery facility, the fees levied
under
divisions (A), (B), and (C) of this
section shall be levied upon
the disposal of the fly ash and
bottom ash or other solid wastes
remaining after the processing
of the scrap tires and shall be
collected by the owner or
operator of the solid waste disposal
facility where the ash or
other solid wastes are disposed of.
(8) The director of environmental protection may issue an
order exempting from the fees levied under this section solid
wastes, including, but not limited to, scrap tires, that are
generated, transferred, or disposed of as a result of a contract
providing for the expenditure of public funds entered into by the
administrator or regional administrator of the United States
environmental protection agency, the director of environmental
protection, or the director of administrative services on behalf
of the director of environmental protection for the purpose of
remediating conditions at a hazardous waste facility, solid waste
facility, or other location at which the administrator or regional
administrator or the director of environmental protection has
reason to believe that there is a substantial threat to public
health or safety or the environment or that the conditions are
causing or contributing to air or water pollution or soil
contamination. An order issued by the director of environmental
protection under division (D)(8) of this section shall include a
determination that the amount of the fees not received by a solid
waste management district as a result of the order will not
adversely impact the implementation and financing of the
district's approved solid waste management plan and any approved
amendments to the plan. Such an order is a final action of the
director of environmental protection.
(E) The fees levied under divisions (B) and (C)
of this
section shall be collected by the owner or operator of
the solid
waste disposal facility where the wastes are disposed
of as a
trustee for the county or joint district and municipal
corporation
or township where the wastes are disposed of. Moneys
from the
fees
levied under division (B) of this
section shall be forwarded
to
the board of county commissioners
or board of directors of the
district in accordance with rules
adopted under division (H) of
this section. Moneys from the fees
levied under division (C) of
this section shall be forwarded to
the treasurer or such other
officer of the municipal corporation
as, by virtue of the charter,
has the duties of the treasurer or
to the fiscal officer of the
township,
as appropriate, in accordance with
those rules.
(F) Moneys received by the treasurer or other officer
of the
municipal corporation under division (E) of this section
shall be
paid into the general fund of the municipal corporation.
Moneys
received by the fiscal officer of the township under that division
shall be paid into the general fund of the township. The
treasurer
or other officer of the municipal corporation or
the township
fiscal officer, as appropriate, shall maintain separate records of
the
moneys received from the fees levied under division (C) of
this
section.
(G) Moneys received by the board of county commissioners
or
board of directors under division (E) of this section or
section
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised
Code
shall be paid to the county treasurer, or other official
acting in
a similar capacity under a county charter, in a county
district or
to the county treasurer or other official designated
by the board
of directors in a joint district and kept in a
separate and
distinct fund to the credit of the district. If a
regional solid
waste management authority has been formed under
section 343.011
of the Revised Code, moneys received by the board
of trustees of
that regional authority under division (E) of this
section shall
be kept by the board in a separate and distinct
fund to the credit
of the district. Moneys in the special fund
of the county or
joint
district arising from the fees levied
under division (B) of
this
section and the fee levied
under division (A) of section
3734.573
of the Revised Code shall
be expended by the board of
county
commissioners or directors of
the district in accordance
with the
district's solid waste
management plan or amended plan
approved
under section 3734.521,
3734.55, or 3734.56 of the
Revised Code
exclusively for the
following purposes:
(1) Preparation of the solid waste management plan of the
district under section 3734.54 of the Revised Code, monitoring
implementation of the plan, and conducting the periodic review
and
amendment of the plan required by section 3734.56 of the
Revised
Code by the solid waste management policy committee;
(2) Implementation of the approved solid waste management
plan or amended plan of the district, including, without
limitation, the development and implementation of solid waste
recycling or reduction programs;
(3) Providing financial assistance to boards of health
within
the district, if solid waste facilities are located within
the
district, for enforcement of this chapter and rules, orders,
and
terms and conditions of
permits, licenses, and variances
adopted
or issued under it,
other than the hazardous waste
provisions of
this chapter and
rules adopted and orders and terms
and conditions
of permits issued under
those
provisions;
(4) Providing financial assistance to each county within
the
district to defray the added costs of maintaining roads and
other
public facilities and of providing emergency and other
public
services resulting from the location and operation of a
solid
waste facility within the county under the district's
approved
solid waste management plan or amended plan;
(5) Pursuant to contracts entered into with boards of
health
within the district, if solid waste facilities contained
in the
district's approved plan or amended plan are located
within the
district, for paying the costs incurred by those
boards of health
for collecting and analyzing samples from public
or private water
wells on lands adjacent to those facilities;
(6) Developing and implementing a program for the
inspection
of solid wastes generated outside the boundaries of
this state
that are disposed of at solid waste facilities
included in the
district's approved solid waste management plan
or amended plan;
(7) Providing financial assistance to boards of health
within
the district for the enforcement of section 3734.03 of the
Revised
Code or to local law enforcement agencies having
jurisdiction
within the district for enforcing anti-littering
laws
and
ordinances;
(8) Providing financial assistance to boards of health of
health districts within the district that are on the approved
list
under section 3734.08 of the Revised Code to defray the
costs to
the health districts for the participation of their
employees
responsible for enforcement of the solid waste
provisions of this
chapter and rules adopted and orders and terms
and conditions of
permits, licenses, and variances issued under
those provisions in
the training and certification program as
required by rules
adopted under division (L) of section 3734.02
of the Revised Code;
(9) Providing financial assistance to individual municipal
corporations and townships within the district to defray their
added costs of maintaining roads and other public facilities and
of providing emergency and other public services resulting from
the location and operation within their boundaries of a
composting, energy or resource recovery, incineration, or
recycling facility that either is owned by the district or is
furnishing solid waste management facility or recycling services
to the district pursuant to a contract or agreement with the
board
of county commissioners or directors of the district;
(10) Payment of any expenses that are agreed to, awarded, or
ordered to be
paid under section 3734.35 of the Revised Code and
of any administrative
costs incurred pursuant to that section. In
the case of a joint solid waste
management district, if the board
of county commissioners of one of the
counties in the district is
negotiating on behalf of affected communities, as
defined in that
section, in that county, the board shall obtain the approval
of
the board of directors of the district in order to expend moneys
for
administrative costs incurred.
Prior to the approval of the district's solid waste
management plan under section 3734.55 of the Revised Code, moneys
in the special fund of the district arising from the fees
shall
be
expended for those purposes in the manner prescribed by
the
solid
waste management policy committee by resolution.
Notwithstanding division (G)(6) of this section
as it existed
prior to October 29, 1993, or any provision in a district's
solid
waste
management plan
prepared in accordance with division
(B)(2)(e) of section 3734.53
of the Revised Code as it existed
prior to that date, any moneys
arising from the fees levied under
division (B)(3) of this
section prior to January 1, 1994, may be
expended for any of the
purposes authorized in divisions (G)(1) to
(10) of this
section.
(H) The director shall adopt
rules in accordance with
Chapter
119. of the Revised Code
prescribing procedures for
collecting and
forwarding the fees
levied under divisions (B) and
(C) of this
section to the boards
of county commissioners or
directors of
county or joint solid
waste management districts and
to the
treasurers or other
officers of municipal corporations and the
fiscal officers of townships.
The rules also shall prescribe the
dates for forwarding the fees
to the boards and officials and may
prescribe any other
requirements the director considers necessary
or appropriate to
implement and administer divisions (A), (B), and
(C) of this
section.
Sec. 3734.82. (A) The annual fee for a scrap tire
recovery
facility license issued under section 3734.81 of the
Revised Code
shall be in accordance with the following schedule:
|
Daily Design |
|
Annual |
|
Input Capacity |
|
License
|
|
(Tons) |
|
Fee |
|
1 or less |
|
$ 100 |
|
|
2 to 25 |
|
500 |
|
|
26 to 50 |
|
1,000 |
|
|
51 to 100 |
|
1,500 |
|
|
101 to 200 |
|
2,500 |
|
|
201 to 500 |
|
3,500 |
|
|
501 or more |
|
5,500 |
|
For the purpose of determining the applicable license fee
under this division, the daily design input capacity shall be the
quantity of scrap tires the facility is designed to process daily
as set forth in the registration certificate or permit for the
facility, and any modifications to the permit, if applicable,
issued under section 3734.78 of the Revised Code.
(B) The annual fee for a scrap tire monocell or monofill
facility license shall be in accordance with the following
schedule:
|
Authorized Maximum |
|
Annual |
|
Daily Waste Receipt |
|
License
|
|
(Tons) |
|
Fee |
|
100 or less |
|
$ 5,000 |
|
101 to 200 |
|
12,500 |
|
201 to 500 |
|
30,000 |
|
501 or more |
|
60,000 |
For the purpose of determining the applicable license fee
under this division, the authorized maximum daily waste receipt
shall be the maximum amount of scrap tires the facility is
authorized to receive daily that is established in the permit for
the facility, and any modification to that permit, issued under
section 3734.77 of the Revised Code.
(C)(1) Except as otherwise provided in division (C)(2) of
this section, the annual fee for a scrap tire storage facility
license shall equal one thousand dollars times the number of
acres
on which scrap tires are to be stored at the facility
during the
license year, as set forth on the application for the
annual
license, except that the total annual license fee for any
such
facility shall not exceed three thousand dollars.
(2) The annual fee for a scrap tire storage facility
license
for a storage facility that is owned or operated by a
motor
vehicle salvage dealer licensed under Chapter 4738. of the
Revised
Code is one hundred dollars.
(D)(1) Except as otherwise provided in division (D)(2) of
this section, the annual fee for a scrap tire collection facility
license is two hundred dollars.
(2) The annual fee for a scrap tire collection facility
license for a collection facility that is owned or operated by a
motor vehicle salvage dealer licensed under Chapter 4738. of the
Revised Code is fifty dollars.
(E) Except as otherwise provided in divisions (C)(2) and
(D)(2) of this section, the same fees apply to private operators
and to the state and its political subdivisions and shall be paid
within thirty days after the issuance of a license. The fees
include the cost of licensing, all inspections, and other costs
associated with the administration of the scrap tire provisions
of
this chapter and rules adopted under them. Each license shall
specify that it is conditioned upon payment of the applicable fee
to the board of health or the director of environmental
protection, as
appropriate, within
thirty days after the issuance
of the license.
(F) The board of health shall retain fifteen thousand
dollars
of each license fee collected by the board under division
(B) of
this section, or the entire amount of any such fee that is
less
than fifteen thousand dollars, and the entire amount of each
license fee collected by the board under divisions (A), (C), and
(D) of this section. The moneys retained shall be paid into a
special fund, which is hereby created in each health district,
and
used solely to administer and enforce the scrap tire
provisions of
this chapter and rules adopted under them. The
remainder, if any,
of each license fee collected by the board
under division (B) of
this section shall be transmitted to the
director within
forty-five days after
receipt of the fee.
(G) The director shall transmit the moneys received by the
director from license fees collected under division (B) of this
section to
the treasurer of state to be credited to the scrap tire
management fund, which is hereby created in the state treasury.
The fund shall consist of all federal moneys received by the
environmental protection agency for the scrap tire management
program; all grants, gifts, and contributions made to the
director
for that program; and all other moneys that may be
provided by law
for that program. The director shall use moneys
in the fund as
follows:
(1) Expend not more than seven hundred fifty thousand
dollars
during each fiscal year amounts determined necessary by the
director to implement, administer,
and
enforce the
scrap tire
provisions of this chapter and rules
adopted under
them;
(2)
During each fiscal year, request the director of budget
and
management
to, and the director of budget and management
shall,
transfer one million dollars to the scrap tire
grant fund
created
in section
1502.12 of the
Revised Code
for the
purposes
specified
in that section; supporting market development
activities for scrap tires and synthetic rubber from tire
manufacturing processes and tire recycling processes. In addition,
during a fiscal year, the director of environmental protection may
request the director of budget and management to, and the director
of budget and management shall, transfer up to an additional five
hundred thousand dollars to the scrap tire grant fund for scrap
tire amnesty events and scrap tire cleanup events.
(3) Expend not more than three million dollars per year
during fiscal years 2002 and 2003 to conduct removal actions under
section 3734.85 of the Revised Code and to make grants to boards
of health under section 3734.042 of the Revised Code. However,
more than three million dollars may be expended in fiscal years
2002 and 2003 for the purposes of division (G)(3) of this section
if more moneys are collected from the fee levied under division
(A)(2) of section 3734.901 of the Revised Code. During each
subsequent fiscal year the director shall expend not more than
four million five hundred thousand dollars to conduct removal
actions under section 3734.85 of the Revised Code and to make
grants to boards of health under section 3734.042 of the Revised
Code. However, more than four million five hundred thousand
dollars may be expended in a fiscal year for the purposes of
division (G)(3) of this section if more moneys are collected from
the fee levied under division (A)(2) of section 3734.901 of the
Revised Code. The director shall request the approval of the
controlling
board prior to the use of the moneys to conduct
removal actions
under section 3734.85 of the Revised Code. The
request shall be
accompanied by a plan describing the removal
actions to be
conducted during the fiscal year and an estimate of
the costs of
conducting them. The controlling board shall approve
the plan
only if it finds that the proposed removal actions are in
accordance with the priorities set forth in division (B) of
section 3734.85 of the Revised Code and that the costs of
conducting them are reasonable. Controlling board approval is not
required for grants made to boards of health under section
3734.042 of the Revised Code.
(H) If, during a fiscal year, more than seven million
dollars
are credited to the scrap tire management fund, the
director, at
the conclusion of the fiscal year, shall request the
director of
budget and management to, and the director of budget
and
management shall, transfer one-half of those excess moneys to
the
scrap tire grant fund. The director shall expend
the
remaining
excess moneys in the scrap tire management fund to
conduct removal
actions under section 3734.85 of the Revised Code
in accordance
with the procedures established under division (I)
of this
section.
(I) After the actions in divisions (G)(1) to
(3) and
(H)
of
this section are completed during each
prior fiscal year, the
director
may expend up to the balance remaining from prior
fiscal
years in the scrap tire management fund to conduct removal actions
under section 3734.85 of the Revised Code. Prior to using any
moneys in the
fund for that
purpose in a fiscal year, the director
shall request the approval of the
controlling board for that use
of the moneys. The request shall be
accompanied by a plan
describing the removal actions to be conducted during
the fiscal
year and an estimate of the costs of conducting them. The
controlling board shall approve the plan only if the board finds
that the
proposed removal actions are in accordance with the
priorities set forth in
division (B) of section 3734.85 of the
Revised Code and that the costs of
conducting
them are reasonable
After the expenditures and transfers are made under divisions
(G)(1) and (2) of
this section, expend the balance of the money
in the scrap tire
management fund remaining in each fiscal year
to conduct removal
actions under section 3734.85 of the Revised
Code and to provide
grants to boards of health under section
3734.042 of the Revised
Code.
Sec. 3734.901. (A)(1) For the purpose of providing revenue
to
defray the cost of administering and enforcing the scrap tire
provisions of this chapter, rules adopted under those provisions,
and terms and conditions of orders, variances, and licenses
issued
under those provisions; to abate accumulations of scrap
tires; to
make grants to promote research regarding alternative
methods of
recycling scrap tires and supporting market development activities
for scrap tires and synthetic rubber from tire manufacturing
processes and tire recycling processes and to support scrap tire
amnesty and cleanup events; to make loans to promote the
recycling
or
recovery of energy from scrap tires; and to defray
the costs of
administering and enforcing sections 3734.90 to
3734.9014 of the
Revised Code, a fee of
fifty cents per tire is
hereby
levied on
the sale of tires. The proceeds of the fee shall be deposited in
the state treasury to the credit of the scrap tire management fund
created in section 3734.82 of the Revised Code. The fee is levied
from the
first day
of the
calendar month that begins next after
thirty
days from
October 29,
1993, through June 30, 2011.
(2) Beginning on
September 5, 2001, and
ending on June 30,
2011, there is hereby levied an additional fee
of fifty cents
per
tire on the sale of tires the proceeds of which
shall be
deposited
in the state treasury to the credit of the scrap tire management
fund created in
section
3734.82 of the Revised Code and be used
exclusively for
the
purposes specified in division (G)(3) of that
section.
(3) Beginning on July 1, 2009, there is hereby levied an
additional fee of two dollars and thirty cents per tire on the
sale of tires the proceeds of which shall be deposited in the
state treasury to the credit of the auto emissions test fund
created in section 3704.14 of the Revised Code.
(B) Only one sale of the same article shall be used in
computing the amount of the fee due.
Sec. 3734.9010. Two per cent of all amounts paid to the
treasurer of state
pursuant to sections 3734.90 to 3734.9014 of
the Revised Code shall be
certified directly to the credit of the
tire fee administrative fund, which is
hereby created in the state
treasury, for appropriation to the department of
taxation for use
in administering those sections. The Except as provided in
division (A)(3) of section 3734.901 of the Revised Code, the
remainder of the
amounts paid to the treasurer of state shall be
deposited to the credit of the
scrap tire management fund created
and credited
in accordance with section 3734.82 3734.901 of the
Revised Code.
Sec. 3737.71. Each insurance company doing business in
this
state shall pay to the state in installments, at the time of
making the payments required by section 5729.05 of the Revised
Code, in addition to the taxes required to be paid by it,
three-fourths of one per cent on the gross premium receipts
derived from fire insurance and that portion of the premium
reasonably allocable to insurance against the hazard of fire
included in other coverages except life and sickness and accident
insurance, after deducting return premiums paid and
considerations
received for reinsurances as shown by the annual
statement of such
company made pursuant to sections 3929.30,
3931.06, and 5729.02 of
the Revised Code. The money received
shall be paid into the state
treasury to the credit of the state
fire marshal's fund, which is
hereby created. The fund shall be
used for the maintenance and
administration of the office of the
fire marshal and
the Ohio fire
academy established by section
3737.33 of the Revised Code.
If the
director of commerce certifies
to the director of budget and
management
that the cash balance in
the state fire marshal's fund
is in
excess of the amount needed to
pay ongoing operating
expenses, the
director of commerce, with the approval of the
director of budget and management, may use the excess
amount to
acquire by
purchase, lease, or otherwise, real property
or
interests in real
property to be used for the benefit of the
office of the state
fire marshal, or to construct, acquire,
enlarge, equip, furnish,
or improve the fire marshal's office
facilities or the
facilities
of the Ohio fire academy. The
state
fire marshal's fund
shall be
assessed a proportionate share
of
the
administrative
costs of the
department of commerce in
accordance
with procedures
prescribed by
the director of commerce
and
approved by the
director of budget
and management. Such
assessment shall be paid
from the state fire
marshal's fund to
the
division of
administration fund.
Notwithstanding any other provision in this section, if the
director of budget and management determines at any time that the
money in the state fire marshal's fund exceeds the amount
necessary to defray ongoing operating expenses in a fiscal year,
the director may transfer the excess to the general revenue fund
.
Sec. 3743.04. (A) The license of a manufacturer of
fireworks
is effective for one year beginning on the first day of
December.
The state fire marshal shall issue
or renew a license only on
that
date
and at no other time. If a manufacturer of fireworks
wishes
to
continue manufacturing fireworks at the designated
fireworks
plant
after its then effective license expires, it shall
apply
no
later
than the first day of October
for a new license
pursuant to
section 3743.02 of the Revised
Code. The state fire marshal
shall
send a
written notice of the
expiration of its license to a
licensed
manufacturer at least
three
months before the
expiration
date.
(B) If, during the effective period of its licensure, a
licensed manufacturer of fireworks wishes to construct, locate,
or
relocate any buildings or other structures on the premises of
its
fireworks plant, to make any structural change or renovation
in
any building or other structure on the premises of its
fireworks
plant, or to change the nature of its manufacturing of
fireworks
so as to include the processing of fireworks, the
manufacturer
shall notify the state fire marshal in writing. The state fire
marshal may
require a licensed manufacturer also to submit
documentation,
including, but not limited to, plans covering the
proposed
construction, location, relocation, structural change or
renovation, or change in manufacturing of fireworks, if
the state
fire
marshal determines the documentation is necessary for
evaluation
purposes
in light of the proposed construction,
location,
relocation,
structural change or renovation, or change
in
manufacturing of
fireworks.
Upon receipt of the notification and additional
documentation
required by the state fire marshal, the state fire marshal
shall
inspect the
premises of the fireworks plant to determine if
the
proposed
construction, location, relocation, structural
change or
renovation, or change in manufacturing of fireworks
conforms to
sections 3743.02 to 3743.08 of the Revised Code and
the rules
adopted by the state fire marshal pursuant to section 3743.05
of
the
Revised Code. The state fire marshal shall issue a written
authorization
to the manufacturer for the construction, location,
relocation,
structural change or renovation, or change in
manufacturing of
fireworks if
the state fire marshal determines,
upon
the inspection
and
a review of submitted documentation, that
the
construction,
location, relocation, structural change or
renovation, or change
in manufacturing of fireworks conforms to
those sections and
rules. Upon authorizing a change in
manufacturing of fireworks
to
include the processing of
fireworks,
the state fire marshal shall
make
notations on the
manufacturer's
license and in the list of
licensed manufacturers
in accordance
with section 3743.03 of the
Revised Code.
On or before June 1, 1998, a licensed manufacturer shall
install, in every licensed building in which fireworks
are
manufactured, stored, or displayed and to which the public has
access,
interlinked fire detection, smoke exhaust, and smoke
evacuation systems that are approved by the superintendent of the
division of
industrial compliance labor,
and shall comply with
floor
plans showing occupancy load limits and internal
circulation
and
egress patterns that are approved by the state fire
marshal
and
superintendent, and that are submitted under seal as
required
by
section 3791.04 of the Revised Code. Notwithstanding section
3743.59 of the Revised Code, the
construction and safety
requirements established in this division are not subject to any
variance,
waiver, or exclusion.
(C) The license of a manufacturer of fireworks authorizes
the
manufacturer to engage only in the following activities:
(1) The manufacturing of fireworks on the premises of the
fireworks plant as described in the application for licensure or
in the notification submitted under division (B) of this section,
except that a licensed manufacturer shall not engage in the
processing of fireworks unless authorized to do so by its
license.
(2) To possess for sale at wholesale and sell at wholesale
the fireworks manufactured by the manufacturer, to persons who
are
licensed wholesalers of fireworks, to out-of-state residents
in
accordance with section 3743.44 of the Revised Code, to
residents
of this state in accordance with section 3743.45 of the
Revised
Code, or to persons located in another state provided the
fireworks are shipped directly out of this state to them by the
manufacturer. A person who is licensed as a manufacturer of
fireworks on
June 14,
1988,
also
may possess for sale and sell
pursuant to division
(C)(2) of
this section fireworks other than
those
the person
manufactures. The
possession for sale shall be
on
the premises of
the fireworks
plant described in the
application
for licensure or
in the
notification submitted under
division (B)
of this section,
and
the sale shall be from
the
inside of a
licensed
building and from no other structure or
device outside a
licensed
building.
At no time shall a licensed
manufacturer sell
any class
of fireworks outside a
licensed
building.
(3) Possess for sale at retail and sell at retail the
fireworks manufactured by the manufacturer, other than
1.4G
fireworks as designated by the state fire marshal in
rules adopted
pursuant to division (A) of section 3743.05 of the Revised Code,
to licensed exhibitors in accordance with sections 3743.50 to
3743.55 of the Revised Code, and possess for sale at retail and
sell at retail the fireworks manufactured by the manufacturer,
including
1.4G fireworks, to out-of-state
residents
in
accordance
with section 3743.44 of the Revised Code, to
residents
of this
state in accordance with section 3743.45 of the
Revised
Code, or
to persons located in another state provided the
fireworks are
shipped directly out of this state to them by the
manufacturer. A
person who is licensed as a manufacturer of
fireworks on
June 14,
1988,
may also possess for sale and sell pursuant to division
(C)(3) of
this section fireworks other than those
the person
manufactures. The
possession for sale shall be on the premises of
the fireworks
plant described in the application for licensure or
in the
notification submitted under division (B) of this section,
and
the sale shall be from
the inside of a licensed
building and
from no other structure or device outside a licensed
building.
At
no time shall a licensed manufacturer sell any class
of fireworks
outside a
licensed building.
A licensed manufacturer of fireworks shall sell under
division (C)
of this section only fireworks that meet the
standards set by the consumer
product safety commission or by the
American fireworks
standard laboratories or that have received an
EX number from the
United States department of transportation.
(D) The license of a manufacturer of fireworks shall be
protected under glass and posted in a conspicuous place on the
premises of the fireworks plant. Except as otherwise provided in
this division, the license is not transferable or assignable. A
license may be transferred to another person for the same
fireworks plant for which the license was issued if the assets of
the plant are transferred to that person by inheritance or by a
sale approved by the state fire marshal. The license is subject to
revocation in accordance with section 3743.08 of the Revised
Code.
(E)
The state fire marshal shall not place the license of a
manufacturer of fireworks in a temporarily inactive status while
the holder of
the license is
attempting to qualify to retain the
license.
(F) Each licensed
manufacturer of fireworks that possesses
fireworks for sale and
sells fireworks under division
(C) of
section 3743.04 of the Revised
Code, or a designee of the
manufacturer, whose identity is provided to the state fire marshal
by
the manufacturer, annually shall attend a continuing education
program.
The state fire marshal shall develop
the program and the
state fire
marshal or
a person or public agency approved by the
state
fire marshal
shall
conduct it. A licensed manufacturer or
the manufacturer's
designee
who attends a program as required
under this division,
within one
year after attending the program,
shall conduct
in-service
training as approved by the state fire
marshal for other
employees of
the licensed
manufacturer
regarding the information
obtained in
the program.
A
licensed
manufacturer shall provide
the state fire
marshal with
notice
of
the date, time, and place of all
in-service
training. For any
program conducted under this
division, the state fire
marshal
shall, in accordance with rules
adopted by the state fire
marshal under Chapter 119. of the Revised
Code, establish the
subjects to be taught, the length of classes,
the standards for
approval, and time periods for notification by
the licensee to
the
state fire marshal of any in-service
training.
(G) A licensed
manufacturer shall maintain comprehensive
general liability
insurance coverage in the amount and type
specified under
division (B)(2) of section
3743.02 of the Revised
Code at all times. Each policy
of insurance required under this
division shall contain a
provision requiring the insurer to give
not less than fifteen
days' prior written notice to the state fire
marshal before
termination, lapse, or cancellation of the policy,
or any change
in the policy that reduces the coverage below the
minimum
required under this division. Prior to canceling or
reducing
the amount of coverage of any comprehensive general
liability
insurance coverage required under this division, a
licensed
manufacturer shall secure supplemental insurance in an
amount
and type that satisfies the requirements of this division
so
that no lapse in coverage occurs at any time. A licensed
manufacturer who secures supplemental insurance shall file
evidence of the supplemental insurance with the state fire marshal
prior
to canceling or reducing the amount of coverage of any
comprehensive general liability insurance coverage required
under
this division.
(H) The state fire marshal shall adopt rules for the
expansion or
contraction of a licensed premises and for approval
of such
expansions or contractions. The boundaries of a licensed
premises,
including any geographic expansion or contraction of
those
boundaries, shall be approved by the state fire marshal in
accordance
with rules the state fire marshal adopts. If the
licensed premises
consists of more than one parcel of real
estate, those parcels
shall be contiguous unless an exception is
allowed pursuant to
division (I) of this section.
(I)(1) A licensed manufacturer may expand its licensed
premises within this state to include not more than two storage
locations that are located upon one or more real estate parcels
that are noncontiguous to the licensed premises as that licensed
premises exists on the date a licensee submits an application as
described below, if all of the following apply:
(a) The licensee submits an application to the state fire
marshal
and an application fee of one hundred dollars per storage
location
for which the licensee is requesting approval.
(b) The identity of the holder of the license remains the
same at the storage location.
(c) The storage location has received a valid certificate of
zoning compliance as applicable and a valid certificate of
occupancy for each building or structure at the storage location
issued by the authority having jurisdiction to issue the
certificate for the storage location, and those certificates
permit the distribution and storage of fireworks regulated under
this chapter at the storage location and in the buildings or
structures. The storage location shall be in compliance with all
other applicable federal, state, and local laws and regulations.
(d) Every building or structure located upon the storage
location is separated from occupied residential and nonresidential
buildings or structures, railroads, highways, or any other
buildings or structures on the licensed premises in accordance
with the distances specified in the rules adopted by the state
fire
marshal pursuant to section 3743.05 of the Revised Code.
(e) Neither the licensee nor any person holding, owning, or
controlling a five per cent or greater beneficial or equity
interest in the licensee has been convicted of or pleaded guilty
to a felony under the laws of this state, any other state, or the
United States, after
September 29, 2005.
(f) The state fire marshal approves the application for
expansion.
(2) The state fire marshal shall approve an application for
expansion requested under division (I)(1) of this section if the
state
fire marshal receives the application fee and proof that
the
requirements of divisions (I)(1)(b) to (e) of this section
are
satisfied. The storage location shall be considered part of
the
original licensed premises and shall use the same distinct
number
assigned to the original licensed premises with any
additional
designations as the state fire marshal deems necessary
in accordance
with section 3743.03 of the Revised Code.
(J)(1) A licensee who obtains approval for the use of a
storage location in accordance with division (I) of this section
shall use the storage location exclusively for the following
activities, in accordance with division (C) of this section:
(a) The packaging, assembling, or storing of fireworks, which
shall only occur in buildings or structures approved
for such
hazardous uses by the building code official having
jurisdiction
for the storage location or, for 1.4G fireworks,
in containers or
trailers approved for such hazardous uses by the state
fire
marshal if
such containers or trailers are not subject to
regulation by the
building code adopted in accordance with
Chapter
3781. of the
Revised Code. All such storage shall be in
accordance
with the
rules adopted by the state fire marshal
under division (G) of
section
3743.05 of the Revised Code for
the packaging, assembling,
and
storage of fireworks.
(b) Distributing fireworks to other parcels of real estate
located on the manufacturer's licensed premises, to licensed
wholesalers or other licensed manufacturers in this state or to
similarly licensed persons located in another state or country;
(c) Distributing fireworks to a licensed exhibitor of
fireworks pursuant to a properly issued permit in accordance with
section 3743.54 of the Revised Code.
(2) A licensed manufacturer shall not engage in any sales
activity, including the retail sale of fireworks otherwise
permitted under division (C)(2) or (C)(3) of this section, or
pursuant to section 3743.44 or 3743.45 of the Revised Code, at the
storage location approved under this section.
(3) A storage location may not be relocated for a minimum
period of five years after the storage location is approved by the
state
fire marshal in accordance with division (I) of this
section.
(K) The licensee shall prohibit public access to the storage
location. The state fire marshal shall adopt rules to describe the
acceptable measures a manufacturer shall use to prohibit access to
the storage site.
Sec. 3743.25. (A)(1) Except as described in division (A)(2)
of this section, all retail sales of 1.4G fireworks by a licensed
manufacturer or wholesaler shall only occur from an approved
retail sales showroom on a licensed premises or from a
representative sample showroom as described in this section on a
licensed premises. For the purposes of this section, a retail sale
includes the transfer of the possession of the 1.4G fireworks from
the licensed manufacturer or wholesaler to the purchaser of the
fireworks.
(2) Sales of 1.4G fireworks to a licensed exhibitor for a
properly permitted exhibition shall occur in accordance with the
provisions of the Revised Code and rules adopted by the state fire
marshal under Chapter 119. of the Revised Code. Such rules shall
specify, at a minimum, that the licensed exhibitor holds a license
under section 3743.51 of the Revised Code, that the exhibitor
possesses a valid exhibition permit issued in accordance with
section 3743.54 of the Revised Code, and that the fireworks
shipped are to be used at the specifically permitted exhibition.
(B) All wholesale sales of fireworks by a licensed
manufacturer or wholesaler shall only occur from a licensed
premises to persons who intend to resell the fireworks purchased
at wholesale. A wholesale sale by a licensed manufacturer or
wholesaler may occur as follows:
(1) The direct sale and shipment of fireworks to a person
outside of this state;
(2) From an approved retail sales showroom as described in
this section;
(3) From a representative sample showroom as described in
this section;
(4) By delivery of wholesale fireworks to a purchaser at a
licensed premises outside of a structure or building on that
premises. All other portions of the wholesale sales transaction
may occur at any location on a licensed premises.
(5) Any other method as described in rules adopted by the
state fire marshal under Chapter 119. of the Revised Code.
(C) A licensed manufacturer or wholesaler shall only sell
1.4G fireworks from a
representative sample showroom or a retail
sales showroom. Each
licensed premises shall only contain one
sales structure.
A representative sample showroom shall consist of a structure
constructed and maintained in accordance with the nonresidential
building code adopted under Chapter 3781. of the Revised Code and
the fire code adopted under section 3737.82 of the Revised Code
for a use and occupancy group that permits mercantile sales. A
representative sample showroom shall not contain any pyrotechnics,
pyrotechnic materials, fireworks, explosives, explosive materials,
or any similar hazardous materials or substances. A representative
sample showroom shall be used only for the public viewing of
fireworks product representations, including paper materials,
packaging materials, catalogs, photographs, or other similar
product depictions. The delivery of product to a purchaser of
fireworks at a licensed premises that has a representative sample
structure shall not occur inside any structure on a licensed
premises. Such product delivery shall occur on the licensed
premises in a manner prescribed by rules adopted by the state fire
marshal pursuant to Chapter 119. of the Revised Code.
If a manufacturer or wholesaler elects to conduct sales from
a retail sales showroom, the showroom
structures, to which the
public
may have any access and in which employees are required to
work, on all
licensed
premises, shall comply with
the following
safety requirements:
(1) A fireworks showroom that is constructed or upon which
expansion is
undertaken on and
after
June 30, 1997, shall be
equipped with interlinked fire
detection, fire
suppression,
smoke
exhaust, and smoke evacuation
systems that are
approved by the
superintendent of the division of
industrial
compliance labor in
the
department of commerce.
(2) A fireworks showroom that first begins to operate on or
after
June 30, 1997, and to
which the public
has access for
retail
purposes shall not exceed
five thousand
square feet in
floor area.
(3) A newly constructed or an existing fireworks
showroom
structure that
exists on the
effective date of this
amendment
September 23, 2008,
but that, on or
after
the effective date of
this
amendment September 23, 2008,
is
altered
or added
to in a
manner requiring
the submission of
plans,
drawings,
specifications, or data
pursuant to section
3791.04 of
the
Revised
Code, shall comply
with
a graphic floor
plan layout
that
is approved by the state fire
marshal
and
superintendent of
the
division of industrial
compliance
showing
width of
aisles,
parallel arrangement of
aisles to exits,
number
of exits per
wall,
maximum occupancy load,
evacuation plan
for
occupants,
height of
storage or
display of
merchandise, and
other
information as may be
required by the state
fire
marshal and
superintendent.
(4)
A fireworks showroom structure that exists on June 30,
1997, shall be in
compliance on or
after June 30, 1997, with
floor
plans showing
occupancy load limits and
internal
circulation and
egress
patterns
that are approved by the state
fire
marshal and
superintendent of
industrial compliance, and
that
are
submitted
under seal as
required by section 3791.04 of
the
Revised
Code.
(D) The safety requirements established in
division (C)
of
this section are not subject to any variance, waiver,
or
exclusion
pursuant to this chapter or any applicable building
code.
Sec. 3745.015. There is hereby created in the state treasury
the environmental protection fund consisting of money credited to
the fund under division (A)(3) of section 3714.073 and division
(A)(3) of section 3734.57 of the Revised Code. The environmental
protection agency shall use money in the fund to pay the agency's
costs associated with administering and enforcing, or otherwise
conducting activities under, this chapter and Chapters 3704.,
3734., 3746., 3747., 3748., 3750., 3751., 3752., 3753., 5709.,
6101., 6103., 6105., 6109., 6111., 6112., 6113., 6115., 6117., and
6119. and sections 122.65 and 1521.19 of the Revised Code.
Sec. 3745.11. (A) Applicants for and holders of permits,
licenses, variances, plan approvals, and certifications issued by
the director of environmental protection pursuant to Chapters
3704., 3734., 6109., and 6111. of the Revised Code shall pay a
fee
to the environmental protection agency for each such issuance
and
each application for an issuance as provided by this section.
No
fee shall be charged for any issuance for which no application
has
been submitted to the director.
(B) Each person who is issued a permit to install prior to
July 1, 2003, pursuant to rules adopted under division (F) of
section 3704.03
of
the Revised Code shall pay the fees specified
in the following
schedules:
(1) Fuel-burning equipment (boilers)
| Input capacity (maximum) |
|
|
| (million British thermal units per hour) |
|
Permit to install |
| Greater than 0, but less than 10 |
|
$ 200 |
| 10 or more, but less than 100 |
|
400 |
| 100 or more, but less than 300 |
|
800 |
| 300 or more, but less than 500 |
|
1500 |
| 500 or more, but less than 1000 |
|
2500 |
| 1000 or more, but less than 5000 |
|
4000 |
| 5000 or more |
|
6000 |
Units burning exclusively natural gas, number two fuel oil,
or both shall be assessed a fee that is one-half of the applicable
amount established in division (F)(1) of this section.
| Input capacity (pounds per hour) |
|
Permit to install |
| 0 to 100 |
|
$ 100 |
| 101 to 500 |
|
400 |
| 501 to 2000 |
|
750 |
| 2001 to 20,000 |
|
1000 |
| more than 20,000 |
|
2500 |
| Process weight rate (pounds per hour) |
|
Permit to install |
| 0 to 1000 |
|
$ 200 |
| 1001 to 5000 |
|
400 |
| 5001 to 10,000 |
|
600 |
| 10,001 to 50,000 |
|
800 |
| more than 50,000 |
|
1000 |
In any process where process weight rate cannot be
ascertained, the minimum
fee shall be assessed.
(b) Notwithstanding division (B)(3)(a) of this section, any
person issued a permit to install pursuant to rules adopted under
division (F) of section 3704.03 of the Revised Code shall pay the
fees established in division (B)(3)(c) of this section for a
process used in any of the following industries, as identified by
the applicable four-digit standard industrial classification code
according to the Standard Industrial Classification Manual
published by the United States office of management and budget in
the executive office of the president, 1972, as revised:
1211 Bituminous coal and lignite mining;
1213 Bituminous coal and lignite mining services;
1422 Crushed and broken limestone;
1427 Crushed and broken stone, not elsewhere classified;
1442 Construction sand and gravel;
3281 Cut stone and stone products;
3295 Minerals and earth, ground or otherwise treated.
(c) The fees established in the following schedule apply to
the issuance of a permit to install pursuant to rules adopted
under division (F) of section 3704.03 of the Revised Code for a
process listed in division (B)(3)(b) of this section:
| Process weight rate (pounds per hour) |
Permit to install |
| 0 to 1000 |
$ 200 |
| 10,001 to 50,000 |
300 |
| 50,001 to 100,000 |
400 |
| 100,001 to 200,000 |
500 |
| 200,001 to 400,000 |
600 |
| 400,001 or more |
700 |
| Gallons (maximum useful capacity) |
|
Permit to install |
|
0 to 20,000 |
|
$ 100 |
| 20,001 to 40,000 |
|
150 |
| 40,001 to 100,000 |
|
200 |
| 100,001 to 250,000 |
|
250 |
| 250,001 to 500,000 |
|
350 |
| 500,001 to 1,000,000 |
|
500 |
| 1,000,001 or greater |
|
750 |
(5) Gasoline/fuel dispensing facilities
| For each gasoline/fuel dispensing |
|
Permit to install |
| facility |
|
$ 100 |
(6) Dry cleaning facilities
| For each dry cleaning facility |
|
Permit to install |
| (includes all units at the facility) |
|
$ 100 |
| For each source covered |
|
Permit to install |
| by registration status |
|
$ 75 |
(C)(1) Except as otherwise provided in division (C)(2) of
this section, beginning July 1, 1994, each person who owns or
operates an air contaminant source and who is required to apply
for and obtain a Title V permit under section 3704.036 of the
Revised Code shall pay the fees set forth in division (C)(1) of
this section. For the purposes of that division, total emissions
of air contaminants may be calculated using engineering
calculations, emissions factors, material balance calculations,
or
performance testing procedures, as authorized by the director.
The following fees shall be assessed on the total actual
emissions from a source in tons per year of the regulated
pollutants particulate matter, sulfur dioxide, nitrogen oxides,
organic compounds, and lead:
(a) Fifteen dollars per ton on the total actual emissions
of
each such regulated pollutant during the period July through
December 1993, to be collected no sooner than July 1, 1994;
(b) Twenty dollars per ton on the total actual emissions
of
each such regulated pollutant during calendar year 1994, to be
collected no sooner than April 15, 1995;
(c) Twenty-five dollars per ton on the total actual
emissions
of each such regulated pollutant in calendar year 1995,
and each
subsequent calendar year, to be collected no sooner than
the
fifteenth day of April of the year next succeeding the
calendar
year in which the emissions occurred.
The fees levied under division (C)(1) of this section do
not
apply to that portion of the emissions of a regulated
pollutant at
a facility that exceed four thousand tons during a
calendar year.
(2) The fees assessed under division (C)(1) of this
section
are for the purpose of providing funding for the Title V
permit
program.
(3) The fees assessed under division (C)(1) of this
section
do not apply to emissions from any electric generating
unit
designated as a Phase I unit under Title IV of the federal
Clean
Air Act prior to calendar year 2000. Those fees shall be
assessed
on the emissions from such a generating unit commencing
in
calendar year 2001 based upon the total actual emissions from
the
generating unit during calendar year 2000
and shall continue to be
assessed each subsequent calendar year based on the total actual
emissions from the generating unit during the preceding calendar
year.
(4) The director shall issue invoices to owners or
operators
of air contaminant sources who are required to pay a
fee assessed
under division (C) or (D) of this section. Any such
invoice shall
be issued no sooner than the applicable date when
the fee first
may be collected in a year under the applicable
division, shall
identify the nature and amount of the fee
assessed, and shall
indicate that the fee is required to be paid
within thirty days
after the issuance of the invoice.
(D)(1) Except as provided in division
(D)(3) of this
section,
from January 1, 1994, through December 31, 2003, each person
who
owns or
operates an air contaminant source; who is required to
apply for
a
permit to operate pursuant to rules adopted under
division (G),
or
a variance pursuant to division (H), of section
3704.03 of the
Revised Code; and who is not required to apply for
and obtain a
Title V permit under section 3704.036 of the Revised
Code shall
pay a single fee based upon the sum of the actual
annual
emissions
from the facility of the regulated pollutants
particulate matter,
sulfur dioxide, nitrogen oxides,
organic
compounds, and lead in
accordance with the following
schedule:
|
Total tons per year |
|
|
|
|
of regulated pollutants |
|
Annual fee
|
|
|
emitted |
|
per facility |
|
|
More than 0, but less than 50 |
|
$ 75 |
|
|
50 or more, but less than 100 |
|
300 |
|
|
100 or more |
|
700 |
|
(2) Except as provided in division (D)(3) of this section,
beginning January 1, 2004, each person who owns or operates an air
contaminant source; who is required to apply for a permit to
operate pursuant to rules adopted under division (G), or a
variance pursuant to division (H), of section 3704.03 of the
Revised Code; and who is not required to apply for and obtain a
Title V permit under section 3704.03 of the Revised Code shall pay
a single fee based upon the sum of the actual annual emissions
from the facility of the regulated pollutants particulate matter,
sulfur dioxide, nitrogen oxides, organic compounds, and lead in
accordance with the following schedule:
|
Total tons per year |
|
|
|
|
of regulated pollutants |
|
Annual fee
|
|
|
emitted |
|
per facility |
|
|
More than 0, but less than 10 |
|
$ 100 |
|
|
10 or more, but less than 50 |
|
200 |
|
|
50 or more, but less than 100 |
|
300 |
|
|
100 or more |
|
700 |
|
(3)(a) As used in division (D) of this section,
"synthetic
minor facility" means a facility for which one or
more permits to
install or permits to operate have been issued for the air
contaminant sources at the facility that include terms and
conditions that lower the facility's potential to emit air
contaminants below the major source thresholds established in
rules adopted under section 3704.036 of the Revised Code.
(b) Beginning January 1, 2000, through June 30,
2010 2012,
each
person who owns or operates a
synthetic minor facility shall
pay
an annual fee based on the sum
of the actual annual emissions
from
the facility of particulate
matter, sulfur dioxide, nitrogen
dioxide, organic compounds, and
lead in accordance with the
following schedule:
|
Combined total tons |
|
|
|
per year of all regulated |
|
Annual fee |
|
pollutants emitted |
|
per facility |
|
Less than 10 |
|
$ 170 |
|
10 or more, but less than 20 |
|
340 |
|
20 or more, but less than 30 |
|
670 |
|
30 or more, but less than 40 |
|
1,010 |
|
40 or more, but less than 50 |
|
1,340 |
|
50 or more, but less than 60 |
|
1,680 |
|
60 or more, but less than 70 |
|
2,010 |
|
70 or more, but less than 80 |
|
2,350 |
|
80 or more, but less than 90 |
|
2,680 |
|
90 or more, but less than 100 |
|
3,020 |
|
100 or more |
|
3,350 |
(4) The fees assessed under division (D)(1)
of this section
shall be collected
annually no sooner than the fifteenth day of
April, commencing in 1995.
The fees assessed under division
(D)(2) of this section shall be collected annually no sooner than
the fifteenth day of April, commencing in 2005. The fees assessed
under division
(D)(3) of this section shall be
collected no sooner
than the
fifteenth day of April, commencing
in 2000. The fees
assessed
under
division (D) of
this section in a calendar year
shall be
based upon the sum of the
actual emissions of those
regulated
pollutants during the
preceding calendar year. For the
purpose of
division (D) of this
section, emissions of air
contaminants may be
calculated using
engineering calculations,
emission factors,
material balance
calculations, or performance
testing procedures,
as authorized by
the director. The director,
by rule, may
require
persons who are
required to pay the fees
assessed under
division
(D) of this
section to pay those fees
biennially rather than
annually.
(E)(1) Consistent with the need to cover the reasonable
costs
of the Title V permit program, the director annually shall
increase the fees prescribed in division (C)(1) of this section
by
the percentage, if any, by which the consumer price index for
the
most recent calendar year ending before the beginning of a
year
exceeds the consumer price index for calendar year 1989.
Upon
calculating an increase in fees authorized by division (E)(1) of
this
section, the director shall compile revised fee schedules for
the purposes
of division (C)(1) of this section and shall make the
revised schedules
available to persons required to pay the fees
assessed under that division
and to the public.
(2) For the purposes of division (E)(1) of this section:
(a) The consumer price index for any year is the average
of
the consumer price index for all urban consumers published by
the
United States department of labor as of the close of the
twelve-month period ending on the thirty-first day of August of
that year.
(b) If the 1989 consumer price index is revised, the
director
shall use the revision of the consumer price index that
is most
consistent with that for calendar year 1989.
(F) Each person who is issued a permit to install pursuant
to
rules adopted under division (F) of section 3704.03 of the
Revised
Code on or after July 1, 2003, shall pay the fees
specified in the
following schedules:
(1) Fuel-burning equipment (boilers, furnaces, or process
heaters used in the process of burning fuel for the primary
purpose of producing heat or power by indirect heat transfer)
| Input capacity (maximum) |
|
| (million British thermal units per hour) |
Permit to install |
| Greater than 0, but less than 10 |
$ 200 |
| 10 or more, but less than 100 |
400 |
| 100 or more, but less than 300 |
1000 |
| 300 or more, but less than 500 |
2250 |
| 500 or more, but less than 1000 |
3750 |
| 1000 or more, but less than 5000 |
6000 |
| 5000 or more |
9000 |
Units burning exclusively natural gas, number two fuel oil,
or both shall be assessed a fee that is one-half the applicable
amount shown in division (F)(1) of this section.
(2) Combustion turbines and stationary internal combustion
engines designed to generate electricity
| Generating capacity (mega watts) |
Permit to install |
| 0 or more, but less than 10 |
$ 25 |
| 10 or more, but less than 25 |
150 |
| 25 or more, but less than 50 |
300 |
| 50 or more, but less than 100 |
500 |
| 100 or more, but less than 250 |
1000 |
| 250 or more |
2000 |
| Input capacity (pounds per hour) |
Permit to install |
| 0 to 100 |
$ 100 |
| 101 to 500 |
500 |
| 501 to 2000 |
1000 |
| 2001 to 20,000 |
1500 |
| more than 20,000 |
3750 |
| Process weight rate (pounds per hour) |
Permit to install |
| 0 to 1000 |
$ 200 |
| 1001 to 5000 |
500 |
| 5001 to 10,000 |
750 |
| 10,001 to 50,000 |
1000 |
| more than 50,000 |
1250 |
In any process where process weight rate cannot be
ascertained, the minimum fee shall be assessed. A boiler, furnace,
combustion turbine, stationary internal combustion engine, or
process heater designed to provide direct heat or power to a
process not designed to generate electricity shall be assessed a
fee established in division (F)(4)(a) of this section. A
combustion turbine or stationary internal combustion engine
designed to generate electricity shall be assessed a fee
established in division (F)(2) of this section.
(b) Notwithstanding division (F)(4)(a) of this section,
any
person issued a permit to install pursuant to rules adopted
under
division (F) of section 3704.03 of the Revised Code shall
pay the
fees set forth in division (F)(4)(c) of this section for
a process
used in any of the following industries, as identified
by the
applicable two-digit, three-digit, or four-digit standard
industrial classification
code
according to the Standard
Industrial Classification Manual
published by the United States
office of management and budget in
the executive office of the
president, 1987, as revised:
Major group 10, metal mining;
Major group 12, coal mining;
Major group 14, mining and quarrying of nonmetallic minerals;
Industry group 204, grain mill products;
2873 Nitrogen fertilizers;
2874 Phosphatic fertilizers;
3281 Cut stone and stone products;
3295 Minerals and earth, ground or otherwise treated;
4221 Grain elevators (storage only);
5159 Farm related raw materials;
5261 Retail nurseries and lawn and garden supply stores.
(c) The fees set forth in the following schedule apply to
the
issuance of a permit to install pursuant to rules adopted
under
division (F) of section 3704.03 of the Revised Code for a
process
identified in division (F)(4)(b) of this section:
|
Process weight rate (pounds per hour) |
|
Permit to install |
|
|
0 to 10,000 |
|
$ 200 |
|
|
10,001 to 50,000 |
|
400 |
|
|
50,001 to 100,000 |
|
500 |
|
|
100,001 to 200,000 |
|
600 |
|
|
200,001 to 400,000 |
|
750 |
|
|
400,001 or more |
|
900 |
|
|
Gallons (maximum useful capacity) |
|
Permit to install |
|
|
0 to 20,000 |
|
$ 100 |
|
|
20,001 to 40,000 |
|
150 |
|
|
40,001 to 100,000 |
|
250 |
|
|
100,001 to 500,000 |
|
400 |
|
|
500,001 or greater |
|
750 |
|
(6) Gasoline/fuel dispensing facilities
| For each gasoline/fuel
|
|
|
|
| dispensing facility (includes all |
|
Permit to install |
|
| units at the facility) |
|
$ 100 |
|
(7) Dry cleaning facilities
| For each dry cleaning
|
|
|
|
| facility (includes all units |
|
Permit to install |
|
| at the facility) |
|
$ 100 |
|
| For each source covered |
|
Permit to install |
|
| by registration status |
|
$ 75 |
|
(G) An owner or operator who is responsible for an
asbestos
demolition or renovation project pursuant to rules
adopted under
section 3704.03 of the Revised Code shall pay the
fees set forth
in the following schedule:
|
Action |
|
Fee |
|
|
Each notification |
|
$75 |
|
|
Asbestos removal |
|
$3/unit |
|
|
Asbestos cleanup |
|
$4/cubic yard |
|
For purposes of this division,
"unit" means any combination of
linear feet or square feet equal to fifty.
(H) A person who is issued an extension of time for a
permit
to install an air contaminant source pursuant to rules
adopted
under division (F) of section 3704.03 of the Revised Code
shall
pay a fee equal to one-half the fee originally assessed for
the
permit to install under this section, except that the fee for
such
an extension shall not exceed two hundred dollars.
(I) A person who is issued a modification to a permit to
install an air contaminant source pursuant to rules adopted under
section 3704.03 of the Revised Code shall pay a fee equal to
one-half of the fee that would be assessed under this section to
obtain a permit to install the source. The fee assessed by this
division only applies to modifications that are initiated by the
owner or operator of the source and shall not exceed two thousand
dollars.
(J) Notwithstanding division (B) or (F) of this section, a
person who applies for or obtains a permit to install pursuant to
rules adopted under division (F) of section 3704.03 of the
Revised
Code after the date actual construction of the source
began shall
pay a fee for the permit to install that is equal to
twice the fee
that otherwise would be assessed under the
applicable division
unless the applicant received authorization
to begin construction
under division (W) of section 3704.03 of
the Revised Code. This
division only applies to sources for
which actual construction of
the source begins on or after July
1, 1993. The imposition or
payment of the fee established in
this division does not preclude
the director from taking any
administrative or judicial
enforcement action under this chapter,
Chapter 3704., 3714.,
3734., or 6111. of the Revised Code, or a
rule adopted under any
of them, in connection with a violation of
rules adopted under
division (F) of section 3704.03 of the
Revised Code.
As used in this division,
"actual construction of the
source"
means the initiation of physical on-site construction
activities
in connection with improvements to the source that are
permanent
in nature, including, without limitation, the
installation of
building supports and foundations and the laying
of underground
pipework.
(K) Fifty cents per ton of each fee assessed under
division
(C) of this section on actual emissions from a source
and received
by the environmental protection agency pursuant to
that division
shall be deposited into the state treasury to the
credit of the
small business assistance fund created in section
3706.19 of the
Revised Code. The remainder of the moneys
received by the
division
pursuant to that division and moneys
received by the
agency
pursuant to divisions (D), (F), (G), (H),
(I), and (J) of
this
section shall be deposited in the state
treasury to the
credit of
the clean air fund created in section
3704.035 of the
Revised
Code.
(L)(1)(a) Except as otherwise provided in division
(L)(1)(b)
or (c) of this section, a person issued a water
discharge permit
or renewal of a water discharge permit pursuant
to Chapter 6111.
of the Revised Code shall pay a fee based on
each point source to
which the issuance is applicable in
accordance with the following
schedule:
|
Design flow discharge (gallons per day) |
|
Fee |
|
|
0 to 1000 |
|
$ 0 |
|
|
1,001 to 5000 |
|
100 |
|
|
5,001 to 50,000 |
|
200 |
|
|
50,001 to 100,000 |
|
300 |
|
|
100,001 to 300,000 |
|
525 |
|
|
over 300,000 |
|
750 |
|
(b) Notwithstanding the fee schedule specified in division
(L)(1)(a) of this section, the fee for a water discharge permit
that is applicable to coal mining operations regulated under
Chapter 1513. of the Revised Code shall be two hundred fifty
dollars per mine.
(c) Notwithstanding the fee schedule specified in division
(L)(1)(a) of this section, the fee for a water discharge permit
for a public discharger identified by I in the third character of
the permittee's NPDES permit number shall not exceed seven
hundred
fifty dollars.
(2) A person applying for a plan approval for a wastewater
treatment works pursuant to section 6111.44, 6111.45, or 6111.46
of the Revised Code shall pay a fee of one hundred dollars plus
sixty-five one-hundredths of one per cent of the estimated
project
cost through June 30,
2010 2012, and one hundred
dollars plus
two-tenths of one per cent of the estimated project cost on and
after July 1,
2010 2012, except that the total fee shall not
exceed
fifteen thousand dollars through June 30,
2010 2012,
and
five
thousand
dollars on and after July 1,
2010 2012. The fee
shall be paid at the
time the application is submitted.
(3) A person issued a modification of a water discharge
permit shall pay a fee equal to one-half the fee that otherwise
would be charged for a water discharge permit, except that the
fee
for the modification shall not exceed four hundred dollars.
(4) A person who has entered into an agreement with the
director under section 6111.14 of the Revised Code shall pay an
administrative service fee for each plan submitted under that
section for approval that shall not exceed the minimum amount
necessary to pay
administrative costs directly attributable to
processing plan approvals. The
director annually shall calculate
the fee and shall
notify all persons who have entered into
agreements under that
section, or who have applied for agreements,
of the amount of
the fee.
(5)(a)(i) Not later than January 30,
2008 2010, and
January
30,
2009 2011, a person holding an NPDES
discharge permit issued
pursuant
to Chapter 6111. of the Revised Code with an
average
daily
discharge flow of five thousand gallons or more shall pay a
nonrefundable annual discharge fee. Any person who fails to pay
the fee at that time shall pay an additional amount that equals
ten per cent of the required annual discharge fee.
(ii) The billing year for the annual discharge fee
established in division (L)(5)(a)(i)
of this section shall consist
of a
twelve-month period beginning on the first day of
January of
the year preceding
the date when the annual discharge fee is due.
In the case of
an existing source that permanently ceases to
discharge during a
billing year, the director shall reduce the
annual discharge
fee, including the surcharge applicable to
certain industrial
facilities pursuant to division (L)(5)(c) of
this
section, by one-twelfth for each full month during
the
billing year that the source was not discharging, but only
if the
person holding the NPDES discharge permit for the source
notifies
the director in writing, not later than the first day of
October
of the billing year, of
the circumstances causing the cessation of
discharge.
(iii) The annual discharge fee established in
division
(L)(5)(a)(i) of this
section, except for the surcharge applicable
to certain
industrial facilities pursuant to division
(L)(5)(c) of
this section, shall be based upon the
average daily discharge flow
in gallons per day calculated using first day of
May through
thirty-first day of
October flow data for the period two years
prior to the date on
which the fee is due. In the case of NPDES
discharge
permits for new sources, the fee shall
be calculated
using the average daily design flow of the
facility until actual
average daily discharge flow values are available for
the time
period specified in division
(L)(5)(a)(iii) of this section. The
annual
discharge fee may be prorated for a new source as described
in division
(L)(5)(a)(ii) of this section.
(b) An NPDES permit holder that is a public discharger
shall
pay the fee specified in the following schedule:
| Average daily |
|
|
|
Fee due by |
| discharge flow |
|
|
|
January 30,
|
|
|
|
|
2008 2010, and
|
|
|
|
|
January 30, 2009 2011 |
| 5,000 to 49,999 |
|
|
$ 200 |
|
| 50,000 to 100,000 |
|
|
500 |
|
| 100,001 to 250,000 |
|
|
1,050 |
|
| 250,001 to 1,000,000 |
|
|
2,600 |
|
| 1,000,001 to 5,000,000 |
|
|
5,200 |
|
| 5,000,001 to 10,000,000 |
|
|
10,350 |
|
| 10,000,001 to 20,000,000 |
|
|
15,550 |
|
| 20,000,001 to 50,000,000 |
|
|
25,900 |
|
| 50,000,001 to 100,000,000 |
|
|
41,400 |
|
| 100,000,001 or more |
|
|
62,100 |
|
Public dischargers owning or operating two or more publicly
owned
treatment works serving the same political subdivision, as
"treatment
works" is defined in section 6111.01 of the Revised
Code, and that
serve
exclusively political subdivisions having a
population of fewer than one
hundred thousand shall pay an annual
discharge fee
under division (L)(5)(b) of this section that is
based on the combined average daily discharge flow of the
treatment works.
(c) An NPDES permit
holder that is an industrial
discharger,
other than a coal mining operator identified by
P in
the third
character of the permittee's NPDES permit
number, shall
pay the
fee specified in the following schedule:
| Average daily |
|
|
|
Fee due by |
| discharge flow |
|
|
|
January 30,
|
|
|
|
|
2008 2010, and
|
|
|
|
|
January 30, 2009 2011 |
| 5,000 to 49,999 |
|
|
$ 250 |
|
| 50,000 to 250,000 |
|
|
1,200 |
|
| 250,001 to 1,000,000 |
|
|
2,950 |
|
| 1,000,001 to 5,000,000 |
|
|
5,850 |
|
| 5,000,001 to 10,000,000 |
|
|
8,800 |
|
| 10,000,001 to 20,000,000 |
|
|
11,700 |
|
| 20,000,001 to 100,000,000 |
|
|
14,050 |
|
| 100,000,001 to 250,000,000 |
|
|
16,400 |
|
| 250,000,001 or more |
|
|
18,700 |
|
In addition to the fee specified in the above schedule, an
NPDES permit holder that is an industrial
discharger classified as
a
major discharger during all or part of the annual discharge fee
billing
year specified in division (L)(5)(a)(ii) of
this section
shall pay a nonrefundable annual surcharge of
seven thousand five
hundred
dollars not later than
January 30,
2008 2010, and not
later
than
January 30, 2009 2011. Any person who fails to pay the
surcharge
at
that time shall pay an
additional amount that equals
ten per
cent
of the amount of the surcharge.
(d) Notwithstanding divisions (L)(5)(b) and (c) of this
section, a public discharger identified by I in the third
character of the permittee's NPDES permit number and an
industrial
discharger identified by I, J, L, V, W, X, Y, or Z in
the third
character of the permittee's NPDES permit
number shall pay a
nonrefundable annual discharge fee of one hundred eighty
dollars
not later than
January 30,
2008 2010, and not later than January
30,
2009 2011. Any person who fails to pay the fee at that
time
shall pay
an additional amount that equals ten per cent of
the
required fee.
(6)
Each person obtaining a national pollutant discharge
elimination system general or individual permit for municipal
storm water discharge shall pay a nonrefundable storm water
discharge fee of one hundred dollars per square mile of area
permitted. The fee shall not exceed ten thousand dollars and
shall
be payable on or before January 30, 2004, and the thirtieth
day of
January of each year thereafter. Any person who fails to
pay the
fee on the date specified in division (L)(6) of this
section shall
pay an additional amount per year equal to ten per
cent of the
annual fee that is unpaid.
(7) The director shall transmit all moneys collected under
division (L) of this section to the treasurer of state for
deposit
into the state treasury to the credit of the surface
water
protection fund created in section 6111.038 of the Revised
Code.
(8) As used in division (L) of this section:
(a)
"NPDES" means the federally approved national
pollutant
discharge elimination system program for issuing,
modifying,
revoking, reissuing, terminating, monitoring, and
enforcing
permits and imposing and enforcing pretreatment
requirements under
Chapter 6111. of the Revised Code and rules
adopted under it.
(b)
"Public discharger" means any holder of an NPDES
permit
identified by P in the second character of the NPDES
permit number
assigned by the director.
(c)
"Industrial discharger" means any holder of an
NPDES
permit identified by I in the second character of the
NPDES
permit
number assigned by the director.
(d)
"Major discharger" means any holder of an NPDES
permit
classified as major by the regional administrator of the United
States environmental protection agency in conjunction with the
director.
(M) Through June 30,
2010 2012, a person applying for a
license
or
license renewal to operate a public water system under
section
6109.21 of the Revised Code shall pay the appropriate fee
established under this division at the time of application to the
director. Any person who fails to pay the fee at that time shall
pay an additional amount that equals ten per cent of the required
fee. The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water protection fund created in section 6109.30 of the Revised
Code.
Except as provided in division (M)(4) of this section, fees
required under this division shall be calculated and
paid in
accordance with the following schedule:
(1) For the initial license required under division (A)(1)
of
section 6109.21 of the Revised Code for any public water
system
that is a community water system as defined in section
6109.01 of
the Revised Code, and for each license renewal
required for such a
system prior to January 31,
2010 2012, the
fee is:
| Number of service connections |
Fee amount |
|
|
Not more than 49 |
$ 112 |
|
|
50 to 99 |
176 |
|
| Number of service connections |
|
Average cost per connection |
|
|
100 to 2,499 |
|
$ 1.92 |
|
|
2,500 to 4,999 |
|
1.48 |
|
|
5,000 to 7,499 |
|
1.42 |
|
|
7,500 to 9,999 |
|
1.34 |
|
|
10,000 to 14,999 |
|
1.16 |
|
|
15,000 to 24,999 |
|
1.10 |
|
|
25,000 to 49,999 |
|
1.04 |
|
|
50,000 to 99,999 |
|
.92 |
|
|
100,000 to 149,999 |
|
.86 |
|
|
150,000 to 199,999 |
|
.80 |
|
|
200,000 or more |
|
.76 |
|
A public water system may determine how it will pay the
total
amount of the fee calculated under division (M)(1) of this
section, including the assessment of additional user fees that
may
be assessed on a volumetric basis.
As used in division (M)(1) of this section,
"service
connection" means the number of active or inactive pipes,
goosenecks, pigtails, and any other fittings connecting a water
main to any building outlet.
(2) For the initial license required under division (A)(2)
of
section 6109.21 of the Revised Code for any public water
system
that is not a community water system and serves a
nontransient
population, and for each license renewal required
for such a
system prior to January 31,
2010 2012, the fee is:
|
Population served |
|
Fee amount |
|
|
Fewer than 150 |
|
$ 112 |
|
|
150 to 299 |
|
176 |
|
|
300 to 749 |
|
384 |
|
|
750 to 1,499 |
|
628 |
|
|
1,500 to 2,999 |
|
1,268 |
|
|
3,000 to 7,499 |
|
2,816 |
|
|
7,500 to 14,999 |
|
5,510 |
|
|
15,000 to 22,499 |
|
9,048 |
|
|
22,500 to 29,999 |
|
12,430 |
|
|
30,000 or more |
|
16,820 |
|
As used in division (M)(2) of this section,
"population
served" means the total number of individuals receiving water
from
the water supply during a twenty-four-hour period for at
least
sixty days during any calendar year. In the absence of a
specific
population count, that number shall be calculated at the
rate of
three individuals per service connection.
(3) For the initial license required under division (A)(3)
of
section 6109.21 of the Revised Code for any public water
system
that is not a community water system and serves a
transient
population, and for each license renewal required for such a
system prior to January 31,
2010 2012, the fee is:
| Number of wells supplying system |
|
Fee amount |
|
|
1 |
|
$112 |
|
|
2 |
|
112 |
|
|
3 |
|
176 |
|
|
4 |
|
278 |
|
|
5 |
|
568 |
|
|
System designated as using a |
|
|
|
|
surface water source |
|
792 |
|
As used in division (M)(3) of this section,
"number of
wells
supplying system" means those wells that are physically
connected
to the plumbing system serving the public water system.
(4) A public water system designated as using a surface water
source shall pay a fee of seven hundred ninety-two dollars or the
amount calculated under division (M)(1) or (2) of this section,
whichever is greater.
(N)(1) A person applying for a plan approval for a public
water supply system under section 6109.07 of the Revised Code
shall pay a fee of one hundred fifty dollars plus thirty-five
hundredths of one per
cent of the estimated project cost, except
that the total fee
shall not exceed twenty thousand dollars
through June 30,
2010 2012,
and fifteen thousand dollars on and
after
July 1,
2010 2012.
The fee
shall be paid at the time the
application
is submitted.
(2) A person who has entered into an agreement with the
director under
division (A)(2) of section 6109.07 of the Revised
Code shall pay an
administrative service fee for each plan
submitted under that section for
approval that shall not exceed
the minimum amount necessary to pay
administrative costs directly
attributable to processing plan approvals. The
director annually
shall calculate the fee and shall notify all persons that
have
entered into agreements under that division, or who have applied
for
agreements, of the amount of the fee.
(3) Through June 30,
2010 2012, the following fee, on a per
survey
basis, shall be charged any person for services rendered by
the
state in the evaluation of laboratories and laboratory
personnel
for compliance with accepted analytical techniques and
procedures
established pursuant to Chapter 6109. of the Revised
Code for
determining the qualitative characteristics of water:
|
microbiological |
|
|
|
|
|
MMO-MUG |
|
$2,000 |
|
|
|
MF |
|
2,100 |
|
|
|
MMO-MUG and MF |
|
2,550 |
|
|
organic chemical |
|
5,400 |
|
|
trace metals |
|
5,400 |
|
|
standard chemistry |
|
2,800 |
|
|
limited chemistry |
|
1,550 |
|
On and after July 1,
2010 2012, the following fee, on a per
survey
basis, shall be charged any such person:
|
microbiological |
|
$ 1,650 |
|
|
organic chemicals |
|
3,500 |
|
|
trace metals |
|
3,500 |
|
|
standard chemistry |
|
1,800 |
|
|
limited chemistry |
|
1,000 |
|
The fee for those services shall be paid at the time the request
for the survey is made. Through June 30,
2010 2012, an
individual
laboratory shall not be assessed a fee under this division more
than once in any three-year period unless the person requests the
addition of analytical methods or analysts, in which case the
person shall pay eighteen hundred dollars for each additional
survey requested.
As used in division (N)(3) of this section:
(a) "MF" means microfiltration.
(b) "MMO" means minimal medium ONPG.
(c) "MUG" means 4-methylumbelliferyl-beta-D-glucuronide.
(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.
The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water protection fund created in section 6109.30 of the Revised
Code.
(O) Any person applying to the director for examination for
certification as an operator of a water supply system or
wastewater system under Chapter 6109. or 6111. of the Revised
Code, at the time the application is submitted, shall pay an
application fee of forty-five dollars through November 30,
2010
2012,
and twenty-five dollars on and after December 1, 2010 2012.
Upon
approval from the director that the applicant is eligible to
take
the examination therefor, the applicant shall pay a fee in
accordance with the following schedule through November 30,
2010
2012:
|
Class A operator |
|
$35 |
|
|
Class I operator |
|
60 |
|
|
Class II operator |
|
75 |
|
|
Class III operator |
|
85 |
|
|
Class IV operator |
|
100 |
|
On and after December 1,
2010 2012, the applicant shall pay a
fee
in
accordance with the following schedule:
|
Class A operator |
|
$25 |
|
|
Class I operator |
|
$45 |
|
|
Class II operator |
|
55 |
|
|
Class III operator |
|
65 |
|
|
Class IV operator |
|
75 |
|
A person shall pay a biennial certification renewal fee for
each applicable class of certification in accordance with the
following schedule:
|
Class A operator |
|
$25 |
|
|
Class I operator |
|
35 |
|
|
Class II operator |
|
45 |
|
|
Class III operator |
|
55 |
|
|
Class IV operator |
|
65 |
|
If a certification renewal fee is received by the director
more than thirty days, but not more than one year after the
expiration date of the certification, the person shall pay a
certification renewal fee in accordance with the following
schedule:
|
Class A operator |
|
$45 |
|
|
Class I operator |
|
55 |
|
|
Class II operator |
|
65 |
|
|
Class III operator |
|
75 |
|
|
Class IV operator |
|
85 |
|
A person who requests a replacement certificate shall pay a
fee of twenty-five dollars at the time the request is made.
The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water
protection fund created in section 6109.30 of the Revised
Code.
(P) Any person submitting an
application for an industrial
water pollution control certificate
under section 6111.31 of the
Revised Code, as that section existed before its repeal by H.B. 95
of the 125th general assembly, shall pay a
nonrefundable fee of
five hundred dollars at the time the
application is submitted. The
director shall transmit all moneys
collected under this division
to the treasurer of state for
deposit into the surface water
protection fund created in section
6111.038 of the Revised Code. A
person paying a certificate fee
under this division shall not pay
an application fee under
division (S)(1) of this section. On and
after June 26, 2003, persons shall file such applications and pay
the fee as required under sections 5709.20 to 5709.27 of the
Revised Code, and proceeds from the fee shall be credited as
provided in section 5709.212 of the Revised Code.
(Q) Except as otherwise provided in division (R) of this
section, a person issued a permit by the director for a new solid
waste disposal facility other than an incineration or composting
facility, a new infectious waste treatment facility other than an
incineration facility, or a modification of such an existing
facility that includes an increase in the total disposal or
treatment capacity of the facility pursuant to Chapter 3734. of
the Revised Code shall pay a fee of ten dollars per thousand
cubic
yards of disposal or treatment capacity, or one thousand
dollars,
whichever is greater, except that the total fee for any
such
permit shall not exceed eighty thousand dollars. A person
issued
a
modification of a permit for a solid waste disposal
facility or
an
infectious waste treatment facility that does not
involve an
increase in the total disposal or treatment capacity
of the
facility shall pay a fee of one thousand dollars. A
person issued
a permit to install a new, or modify an existing,
solid waste
transfer facility under that chapter shall pay a fee
of two
thousand five hundred dollars. A person issued a permit
to
install
a new or to modify an existing solid waste
incineration or
composting facility, or an existing infectious
waste treatment
facility using incineration as its principal
method of treatment,
under that chapter shall pay a fee of one
thousand dollars. The
increases in the permit fees under this
division resulting from
the amendments made by Amended Substitute
House Bill 592 of the
117th general assembly do not apply to any
person who submitted an
application for a permit to install a
new, or modify an existing,
solid waste disposal facility under
that chapter prior to
September 1, 1987; any such person shall
pay the permit fee
established in this division as it existed
prior to June 24, 1988.
In addition to the applicable permit fee
under this division, a
person issued a permit to install or
modify a solid waste facility
or an infectious waste treatment
facility under that chapter who
fails to pay the permit fee to
the director in compliance with
division (V) of this section
shall pay an additional ten per cent
of the amount of the fee for
each week that the permit fee is
late.
Permit and late payment fees paid to the director under
this
division shall be credited to the general revenue fund.
(R)(1) A person issued a registration certificate for a
scrap
tire collection facility under section 3734.75 of the
Revised Code
shall pay a fee of two hundred dollars, except that
if the
facility is owned or operated by a motor vehicle salvage
dealer
licensed under Chapter 4738. of the Revised Code, the
person shall
pay a fee of twenty-five dollars.
(2) A person issued a registration certificate for a new
scrap tire storage facility under section 3734.76 of the Revised
Code shall pay a fee of three hundred dollars, except that if the
facility is owned or operated by a motor vehicle salvage dealer
licensed under Chapter 4738. of the Revised Code, the person
shall
pay a fee of twenty-five dollars.
(3) A person issued a permit for a scrap tire storage
facility under section 3734.76 of the Revised Code shall pay a
fee
of one thousand dollars, except that if the facility is owned
or
operated by a motor vehicle salvage dealer licensed under
Chapter
4738. of the Revised Code, the person shall pay a fee of
fifty
dollars.
(4) A person issued a permit for a scrap tire monocell or
monofill facility under section 3734.77 of the Revised Code shall
pay a fee of ten dollars per thousand cubic yards of disposal
capacity or one thousand dollars, whichever is greater, except
that the total fee for any such permit shall not exceed eighty
thousand dollars.
(5) A person issued a registration certificate for a scrap
tire recovery facility under section 3734.78 of the Revised Code
shall pay a fee of one hundred dollars.
(6) A person issued a permit for a scrap tire recovery
facility under section 3734.78 of the Revised Code shall pay a
fee
of one thousand dollars.
(7) In addition to the applicable registration certificate
or
permit fee under divisions (R)(1) to (6) of this section, a
person
issued a registration certificate or permit for any such
scrap
tire facility who fails to pay the registration certificate
or
permit fee to the director in compliance with division (V) of
this
section shall pay an additional ten per cent of the amount
of
the
fee for each week that the fee is late.
(8) The registration certificate, permit, and late payment
fees paid to the director under divisions (R)(1) to (7) of this
section shall be credited to the scrap tire management fund
created in section 3734.82 of the Revised Code.
(S)(1) Except as provided by divisions (L), (M), (N), (O),
(P), and (S)(2) of this section, division (A)(2) of section
3734.05 of the Revised Code, section 3734.79 of the Revised Code,
and rules adopted under division (T)(1) of this section, any
person applying for a registration certificate under section
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,
variance, or plan approval under Chapter 3734. of the Revised
Code
shall pay a nonrefundable fee of fifteen dollars at the time
the
application is submitted.
Except as otherwise provided, any person applying for a
permit, variance, or plan approval under Chapter 6109. or 6111.
of
the Revised Code shall pay a nonrefundable fee of one hundred
dollars at the time the application is submitted through June 30,
2010, and a nonrefundable fee of fifteen dollars at the
time
the
application is submitted on and after July 1,
2010.
Through June
30,
2010, any person
applying for a national
pollutant
discharge
elimination system permit
under Chapter 6111.
of the Revised Code
shall pay a
nonrefundable fee of two hundred
dollars at the time
of application for
the permit. On and after
July 1,
2010,
such a
person shall pay a nonrefundable fee of
fifteen dollars at the
time of application.
In addition to the application fee established under division
(S)(1) of this section, any person applying for a national
pollutant discharge elimination system general storm water
construction permit shall pay a nonrefundable fee of twenty
dollars per acre for each acre that is permitted above five acres
at the time the application is submitted. However, the per
acreage
fee shall not exceed three hundred dollars. In addition,
any
person applying for a national pollutant discharge elimination
system general storm water industrial permit shall pay a
nonrefundable fee of one hundred fifty dollars at the time the
application is submitted.
The director shall transmit all moneys collected under
division (S)(1) of this
section pursuant to Chapter 6109. of the
Revised Code to the
treasurer of state for deposit into the
drinking water protection
fund created in section 6109.30 of the
Revised Code.
The director shall transmit all moneys collected under
division (S)(1) of this
section pursuant to Chapter 6111. of the
Revised Code to the
treasurer of state for deposit into the
surface water protection
fund created in section 6111.038 of the
Revised Code.
If a registration certificate is issued under section
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of
the application fee paid shall be deducted from the amount of the
registration certificate fee due under division (R)(1), (2), or
(5) of this section, as applicable.
If a person submits an electronic application for a
registration certificate, permit, variance, or plan approval for
which an application fee is established under division (S)(1) of
this section, the person shall pay the applicable application fee
as expeditiously as possible after the submission of the
electronic application. An application for a registration
certificate, permit, variance, or plan approval for which an
application fee is established under division (S)(1) of this
section shall not be reviewed or processed until the applicable
application fee, and any other fees established under this
division, are paid.
(2) Division (S)(1) of this section does not apply to an
application for a registration certificate for a scrap tire
collection or storage facility submitted under section 3734.75 or
3734.76 of the Revised Code, as applicable, if the owner or
operator of the facility or proposed facility is a motor vehicle
salvage dealer licensed under Chapter 4738. of the Revised Code.
(T) The director may adopt, amend, and rescind rules in
accordance with Chapter 119. of the Revised Code that do all of
the following:
(1) Prescribe fees to be paid by applicants for and
holders
of any license, permit, variance, plan approval, or
certification
required or authorized by Chapter 3704., 3734.,
6109., or 6111. of
the Revised Code that are not specifically
established in this
section. The fees shall be designed to
defray the cost of
processing, issuing, revoking, modifying,
denying, and enforcing
the licenses, permits, variances, plan
approvals, and
certifications.
The director shall transmit all moneys collected under
rules
adopted under division (T)(1) of this section pursuant to
Chapter
6109. of the Revised Code to the treasurer of state for
deposit
into the drinking water protection fund created in
section 6109.30
of the Revised Code.
The director shall transmit all moneys collected under
rules
adopted under division (T)(1) of this section pursuant to
Chapter
6111. of the Revised Code to the treasurer of state for
deposit
into the surface water protection fund created in section
6111.038
of the Revised Code.
(2) Exempt the state and political subdivisions thereof,
including education facilities or medical facilities owned by the
state or a political subdivision, or any person exempted from
taxation by section 5709.07 or 5709.12 of the Revised Code, from
any fee required by this section;
(3) Provide for the waiver of any fee, or any part
thereof,
otherwise required by this section whenever the director
determines that the imposition of the fee would constitute an
unreasonable cost of doing business for any applicant, class of
applicants, or other person subject to the fee;
(4) Prescribe measures that the director considers
necessary
to carry out this section.
(U) When the director reasonably demonstrates that the
direct
cost to the state associated with the issuance of a permit
to
install, license, variance, plan approval, or certification
exceeds the fee for the issuance or review specified by this
section, the director may condition the issuance or review on the
payment by the person receiving the issuance or review of, in
addition to the fee specified by this section, the amount, or any
portion thereof, in excess of the fee specified under this
section. The director shall not so condition issuances for which
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this
section.
(V) Except as provided in divisions (L), (M), and (P) of
this
section or unless otherwise prescribed by a rule of the
director
adopted pursuant to Chapter 119. of the Revised Code,
all
fees
required by this section are payable within thirty days
after
the
issuance of an invoice for the fee by the director or
the
effective date of the issuance of the license, permit,
variance,
plan approval, or certification. If payment is late,
the person
responsible for payment of the fee shall pay an
additional ten per
cent of the amount due for each month that it
is late.
(W) As used in this section,
"fuel-burning equipment,"
"fuel-burning equipment input capacity,"
"incinerator,"
"incinerator input capacity,"
"process,"
"process weight rate,"
"storage tank,"
"gasoline dispensing facility,"
"dry cleaning
facility,"
"design flow discharge," and
"new source treatment
works" have the meanings ascribed to those terms by applicable
rules or standards adopted by the director under Chapter 3704. or
6111. of the Revised Code.
(X) As used in divisions (B), (C), (D), (E), (F), (H),
(I),
and (J) of this section, and in any other provision of this
section pertaining to fees paid pursuant to Chapter 3704. of the
Revised Code:
(1)
"Facility,"
"federal Clean Air Act,"
"person,"
and
"Title
V permit" have the same meanings as in section 3704.01
of
the
Revised Code.
(2)
"Title V permit program" means the following
activities
as necessary to meet the requirements of Title V of
the federal
Clean Air Act and 40 C.F.R. part 70, including at
least:
(a) Preparing and adopting, if applicable, generally
applicable rules or guidance regarding the permit program or its
implementation or enforcement;
(b) Reviewing and acting on any application for a Title V
permit, permit revision, or permit renewal, including the
development of an applicable requirement as part of the
processing
of a permit, permit revision, or permit renewal;
(c) Administering the permit program, including the
supporting and tracking of permit applications, compliance
certification, and related data entry;
(d) Determining which sources are subject to the program
and
implementing and enforcing the terms of any Title V permit,
not
including any court actions or other formal enforcement
actions;
(e) Emission and ambient monitoring;
(f) Modeling, analyses, or demonstrations;
(g) Preparing inventories and tracking emissions;
(h) Providing direct and indirect support to small
business
stationary sources to determine and meet their
obligations under
the federal Clean Air Act pursuant to the small
business
stationary source technical and environmental compliance
assistance program required by section 507 of that act and
established in sections 3704.18, 3704.19, and 3706.19 of the
Revised Code.
(Y)(1) Except as provided in divisions
(Y)(2),
(3), and
(4)
of this section, each
sewage sludge facility shall pay a
nonrefundable annual sludge
fee equal to three dollars and fifty
cents per dry ton of sewage
sludge, including the dry tons of
sewage sludge in materials derived from
sewage sludge, that the
sewage sludge facility treats or disposes of in
this state. The
annual volume of sewage sludge treated or
disposed of by a sewage
sludge facility shall be calculated
using the first day of January
through the thirty-first day of
December of the calendar year
preceding the date on which payment of the fee is due.
(2)(a) Except as provided in division
(Y)(2)(d) of this
section, each sewage sludge facility
shall pay a minimum annual
sewage sludge fee of one hundred dollars.
(b) The annual sludge fee required to
be paid by a sewage
sludge facility that treats or disposes of
exceptional quality
sludge in this state shall be thirty-five
per cent less per dry
ton of exceptional quality sludge than the
fee assessed under
division
(Y)(1) of this section, subject
to the following
exceptions:
(i) Except as provided in division
(Y)(2)(d) of this
section,
a sewage sludge facility that
treats or disposes of
exceptional
quality
sludge shall pay a minimum annual sewage
sludge fee of one
hundred
dollars.
(ii) A sewage sludge facility that
treats or disposes of
exceptional quality sludge shall not be
required to pay the annual
sludge fee for treatment or disposal
in this state of exceptional
quality sludge generated outside of
this state and contained in
bags or other containers not greater
than one hundred pounds in
capacity.
A thirty-five per cent reduction for exceptional quality
sludge applies to
the
maximum annual fees established under
division (Y)(3) of this
section.
(c) A sewage sludge facility that
transfers sewage sludge
to
another sewage
sludge facility in this state for further treatment
prior to
disposal in this state shall not be required to pay the
annual
sludge fee for the tons of sewage sludge that have been
transferred. In such a case, the sewage
sludge facility that
disposes of the sewage sludge shall pay the
annual sludge fee.
However, the facility transferring the sewage sludge shall
pay the
one-hundred-dollar minimum fee required under division
(Y)(2)(a)
of this section.
In the case of a sewage sludge facility that treats sewage
sludge in this state and transfers it out of this state to
another
entity for disposal, the sewage sludge facility in this
state
shall be required to pay the annual sludge fee for the
tons of
sewage sludge that have been transferred.
(d) A sewage sludge facility that generates sewage sludge
resulting from an average daily discharge flow of less than five
thousand
gallons per day
is not subject to the fees
assessed under
division (Y) of this section.
(3) No sewage sludge facility required to pay the annual
sludge fee shall be required to pay more than the maximum annual
fee for each disposal method that the sewage sludge facility
uses.
The maximum annual fee does not include the additional
amount that
may be charged under division
(Y)(5) of this section for late
payment of the annual sludge fee. The maximum annual fee for
the
following methods of disposal of sewage sludge is as
follows:
(a) Incineration: five thousand
dollars;
(b) Preexisting land reclamation project or disposal in a
landfill: five
thousand dollars;
(c) Land application, land
reclamation, surface disposal, or
any other disposal method not
specified in division
(Y)(3)(a)
or
(b) of this section: twenty thousand
dollars.
(4)(a) In the case of an entity that
generates sewage sludge
or a sewage sludge facility that treats
sewage sludge and
transfers the sewage sludge to an incineration
facility for
disposal, the incineration facility, and not the
entity generating
the sewage sludge or the sewage sludge
facility treating the
sewage sludge, shall pay the annual sludge
fee for the tons of
sewage sludge that are transferred. However, the entity
or
facility generating or treating the sewage sludge shall pay the
one-hundred-dollar minimum fee required under division
(Y)(2)(a)
of this section.
(b) In the case of an entity that
generates sewage sludge
and
transfers the sewage sludge to a landfill for
disposal or to a
sewage sludge facility for land reclamation or surface
disposal,
the entity generating the sewage sludge,
and not the
landfill or
sewage sludge facility, shall pay the annual sludge fee for the
tons of sewage
sludge that are transferred.
(5) Not later than the first day of April
of the calendar
year following
March
17,
2000, and each first day of
April
thereafter, the director shall
issue invoices to persons who are
required to pay the annual
sludge fee. The invoice shall
identify
the nature and amount of
the annual sludge fee assessed
and state
the first day of May as
the deadline
for receipt by the director
of objections regarding
the amount of the fee and
the first day of
July as the deadline
for payment of
the fee.
Not later than the first day of May
following receipt of an
invoice, a person required to pay the
annual sludge fee may submit
objections to the director
concerning the accuracy of information
regarding the number of
dry tons of sewage sludge used to
calculate the amount of the
annual sludge fee or regarding whether
the sewage sludge
qualifies for the exceptional quality sludge
discount established in
division
(Y)(2)(b)
of this section. The
director may consider the objections and
adjust the amount of the
fee to ensure that it is accurate.
If the director does not adjust the amount of the annual
sludge fee in response to a person's objections, the person may
appeal the director's determination in accordance with
Chapter
119. of the
Revised
Code.
Not later than the first day of June,
the director shall
notify the objecting person regarding whether
the director has
found the objections to be valid and the
reasons for the finding.
If the director finds the objections
to be valid and adjusts the
amount of the annual sludge fee
accordingly, the director shall
issue with the notification a
new invoice to the person
identifying the amount of the annual
sludge fee assessed and
stating the
first day of July as the deadline for
payment.
Not later than the first day of July,
any person who is
required to do so shall pay the annual sludge fee.
Any person who
is required to pay the fee, but who fails to
do so on or before
that date shall pay an additional amount that
equals ten per cent
of the required annual sludge fee.
(6) The director shall transmit all moneys collected
under
division (Y) of this
section to the treasurer of state for deposit
into the surface
water protection fund created in section 6111.038
of the
Revised
Code. The moneys shall be used
to defray the costs
of administering and enforcing provisions in
Chapter 6111. of the
Revised
Code and rules adopted under it
that govern the use,
storage, treatment, or disposal of sewage
sludge.
(7) Beginning in fiscal year 2001, and every two years
thereafter, the
director shall review the total amount of moneys
generated by the annual
sludge
fees to determine if that amount
exceeded six hundred thousand dollars in
either
of the two
preceding fiscal years. If the total amount of moneys in the fund
exceeded six hundred thousand dollars in either fiscal year, the
director,
after review of the fee structure and consultation with
affected persons,
shall
issue an order reducing the amount of the
fees levied under division
(Y) of this section so that the
estimated amount of moneys resulting
from the fees will not exceed
six hundred thousand dollars in any fiscal year.
If, upon review of the fees under division (Y)(7) of this
section
and after the fees have been reduced, the director
determines that the total
amount of moneys collected and
accumulated is less than six hundred thousand
dollars, the
director, after review of the fee structure and consultation with
affected persons, may issue an order increasing the amount of the
fees levied
under division (Y) of this section so that the
estimated amount of
moneys resulting from the fees will be
approximately six hundred thousand
dollars. Fees shall never be
increased to an amount exceeding the amount
specified in division
(Y)(7) of this section.
Notwithstanding section 119.06 of the Revised Code, the
director may issue an order under
division (Y)(7) of this section
without the necessity to hold an
adjudicatory hearing in
connection with the order. The issuance of an order
under this
division is not an act or action for purposes of section 3745.04
of the Revised Code.
(8) As used in division
(Y) of this section:
(a)
"Sewage sludge facility" means an
entity that performs
treatment on or is responsible for the
disposal of sewage sludge.
(b)
"Sewage sludge" means a solid,
semi-solid, or liquid
residue generated during the treatment of
domestic sewage in a
treatment works as defined in section
6111.01 of the Revised
Code.
"Sewage sludge"
includes, but is not limited to, scum or solids
removed in
primary, secondary, or advanced wastewater treatment
processes.
"Sewage sludge" does
not include ash generated during
the firing of sewage sludge in
a sewage sludge incinerator, grit
and screenings generated
during preliminary treatment of domestic
sewage in a treatment
works, animal manure, residue generated
during treatment of animal
manure, or domestic septage.
(c)
"Exceptional quality sludge"
means sewage sludge that
meets all of the following
qualifications:
(i) Satisfies the class
A pathogen standards in 40
C.F.R.
503.32(a);
(ii) Satisfies one of the vector
attraction reduction
requirements in 40
C.F.R.
503.33(b)(1) to
(b)(8);
(iii) Does not exceed the ceiling
concentration limitations
for metals listed in table one of 40
C.F.R.
503.13;
(iv) Does not exceed the
concentration limitations for
metals
listed in table three of 40
C.F.R.
503.13.
(d)
"Treatment" means the preparation
of sewage sludge for
final use or disposal and includes, but is
not limited to,
thickening, stabilization, and dewatering of
sewage sludge.
(e)
"Disposal" means the final use of
sewage sludge,
including, but not limited to, land application,
land reclamation,
surface disposal, or disposal in a landfill or
an incinerator.
(f)
"Land application" means the
spraying or spreading of
sewage sludge onto the land surface,
the injection of sewage
sludge below the land surface, or the
incorporation of sewage
sludge into the soil for the purposes of
conditioning the soil or
fertilizing crops or vegetation grown
in the soil.
(g)
"Land reclamation" means the
returning of disturbed land
to productive use.
(h)
"Surface disposal" means the
placement of sludge on an
area of land for disposal,
including, but not limited to,
monofills, surface impoundments,
lagoons, waste piles, or
dedicated disposal sites.
(i)
"Incinerator" means an entity
that disposes of sewage
sludge through the combustion of organic
matter and inorganic
matter in sewage sludge by high
temperatures in an enclosed
device.
(j)
"Incineration facility" includes
all incinerators owned
or operated by the same entity and
located on a contiguous tract
of land. Areas of land are
considered to be contiguous even if
they are separated by a
public road or highway.
(k)
"Annual sludge fee" means the fee
assessed under
division
(Y)(1)
of this section.
(l)
"Landfill" means a sanitary landfill facility, as
defined
in
rules adopted under section 3734.02 of the Revised
Code,
that
is
licensed under section 3734.05 of the Revised Code.
(m)
"Preexisting land reclamation project" means a
property-specific land reclamation project that has been in
continuous
operation for not less than five years
pursuant to
approval of the activity by the director and includes
the
implementation of a community outreach program concerning the
activity.
Sec. 3748.01. As used in this chapter:
(A) "Byproduct material" means either
of the following:
(1) Any radioactive material, except special nuclear
material, yielded in or made radioactive by exposure to radiation
incident to the process of producing or utilizing special nuclear
material;
(2) The tailings or wastes produced by the extraction
or
concentration of uranium or thorium from any ore processed
primarily for
its source material content.
(B) "Certified radiation expert"
means an individual who has
complied with all of the following:
(1) Applied to the director of health for certification as a
radiation expert under section 3748.12 of the Revised
Code;
(2) Met minimum education and experience requirements
established in rules adopted under division (C) of
section 3748.04
of the Revised Code;
(3) Been granted a certificate as a radiation expert by
the
director under section 3748.12 of the Revised
Code.
(C) "Closure" or "site
closure" refers to a facility for the
disposal of low-level
radioactive waste or a byproduct material
site, as "byproduct
material" is defined in division (A)(2) of
this section, and
means all activities performed at a licensed
operation, such as stabilization and contouring, to ensure that
the site where the operation occurred is in a stable condition so
that only minor custodial care, surveillance, and monitoring are
necessary at the site following the termination of the licensed
operation.
(D) "Decommissioning" means to safely
remove any licensed
operation from service and reduce
residual radioactivity to a
level that permits release of the
licensee's property for
unrestricted use. With regard to a facility for the
disposal of
low-level radioactive
waste or a byproduct material site, as
"byproduct material" is defined in
division (A)(2) of this
section, "decommissioning" does not include
the reduction
of
residual radioactivity to a level that permits release of the
facility for unrestricted use.
(E) "Director of health" includes a
designee or authorized
representative of the director.
(F) "Disposal," with regard to
low-level radioactive waste,
means the permanent isolation of
that waste in accordance with
requirements established by the
United States nuclear regulatory
commission or
the licensing agreement state.
(G) "Disposal site" means that portion of a facility that is
used for the disposal of low-level radioactive waste and that
consists of disposal units and a buffer zone. "Disposal unit"
means a discrete portion of such a facility into which low-level
radioactive waste is placed for disposal.
(H)(1) Except as provided in division
(H)(2) of this section,
"facility" means the
state, any political subdivision, person,
public or private
institution, or group, or any unit of one of
those entities, but
does not include the federal government or any
of its agencies.
(2) For the purposes of the disposal of low-level
radioactive
waste, "facility" has the same meaning as
in section 3747.01 of
the Revised Code.
(I) "Handle" means receive, possess,
use, store, transfer,
install, service, or dispose of sources of radiation
unless
possession is solely for the purpose of transportation.
(J) "Handler" means a facility that
handles sources of
radiation unless possession is solely for the
purpose of
transportation.
(K) "Inspection" means an official
review, examination, or
observation, including, without
limitation, tests, surveys, and
monitoring, that is used to
determine compliance with rules,
orders, requirements, and
conditions of the department of health
and that is conducted by
the director of health.
(L) "Low-level radioactive waste" has
the same meaning as in
section 3747.01 of the Revised
Code with regard to the disposal of
low-level radioactive waste.
In regard to regulatory control at
locations other than a disposal facility,
"low-level radioactive
waste" has the same meaning as in 42 U.S.C.A.
2021b.
(M) "Quality assurance program" means
a program providing for
verification by written procedures such
as testing, auditing, and
inspection to ensure that deficiencies,
deviations, defective
equipment, or unsafe practices, or a
combination thereof, relating
to the use, disposal, management,
or manufacture of radiation
sources are identified, promptly corrected, and
reported to the
appropriate regulatory authorities.
(N) "Radiation" means ionizing and nonionizing
radiation.
(1) "Ionizing radiation" means gamma rays and X-rays,
alpha
and beta particles, high-speed electrons, neutrons,
protons, and
other nuclear particles, but does not include sound or
radio waves
or
visible, infrared, or ultraviolet light.
(2) "Nonionizing radiation" means any electromagnetic
radiation, other than ionizing electromagnetic radiation,
or any
sonic, ultrasonic, or infrasonic wave.
(O) "Radioactive material" means any
solid, liquid, or
gaseous material that emits ionizing radiation
spontaneously.
"Radioactive material"
includes
accelerator-produced and naturally
occurring materials and byproduct, source,
and special
nuclear
material.
(P) "Radiation-generating equipment" means
any
manufactured
product or device, or component of such a
product or device, or
any machine or system that
during operation can generate or
emit
radiation, except those that emit radiation only
from radioactive
material. "Radiation-generating
equipment" does not include either
of the following:
(2) Microwave ovens, including food service microwave
ovens
used for commercial and industrial uses, television
receivers,
electric lamps, and other household appliances and
products that
generate very low levels of radiation.
(Q) "Source material" means uranium,
thorium, or any
combination thereof in any physical or chemical
form, or any ores
that contain by weight at least one-twentieth
of one per cent of
uranium, thorium, or any combination thereof.
"Source material"
does not include special nuclear material.
(R) "Source of radiation" means radioactive material or
radiation-generating equipment.
(S) "Special nuclear material" means either of the following:
(1) Plutonium, uranium 233, uranium enriched in the
isotope
233 or in the isotope 235, and any other material that
the United
States nuclear regulatory
commission determines to be special
nuclear material, but does
not include source material pursuant to
section 51 of the
"Atomic
Energy
Act of 1954," 68 Stat. 919, 42
U.S.C.A.
2071."
(2) Except for any source material, any material
artificially
enriched by any of the materials identified in
division (S)(1) of
this
section.
(T) "Storage" means the retention of
radioactive materials,
including low-level radioactive waste,
prior to disposal in a
manner that allows for surveillance,
control, and subsequent
retrieval.
(U) "Medical practitioner" means a person who is authorized
pursuant to Chapter 4715. of the Revised Code to practice
dentistry; pursuant to Chapter 4731. of the Revised Code to
practice medicine and surgery, osteopathic medicine and surgery,
or podiatric medicine and surgery; or pursuant to Chapter 4734. of
the Revised Code to practice chiropractic.
(V) "Medical-practitioner group" means a corporation,
partnership, or other business entity, other than a hospital as
defined in section 3727.01 of the Revised Code, consisting of
medical practitioners.
Sec. 3748.04. The public health council, in accordance
with
Chapter 119. of the Revised Code, shall
adopt and may amend or
rescind rules doing all of the following:
(A) Listing types of radioactive material for which licensure
by its
handler is required and types of radiation-generating
equipment for
which registration by its handler is required, and
establishing requirements governing them. Rules adopted under
division
(A) of this section shall be compatible with applicable
federal
regulations and shall establish all of the following,
without limitation:
(1) Requirements governing both of the following:
(a) The licensing and inspection of handlers of
radioactive
material. Standards established in rules adopted
under division
(A)(1)(a) of this section regarding
byproduct material or any
activity that results in the production
of that material, to the
extent practicable, shall be equivalent
to or more stringent than
applicable standards established by the
United States nuclear
regulatory commission.
(b) The registration and inspection of handlers of
radiation-generating equipment. Standards established in rules
adopted under division (A)(1)(b) of this
section, to the extent
practicable, shall be equivalent to
applicable standards
established by the food and drug
administration in the United
States department of
health and human services.
(2) Identification of and requirements governing
possession
and use of specifically licensed and generally
licensed quantities
of radioactive material as either sealed
sources or unsealed
sources;
(3) A procedure for the issuance of and the frequency
of
renewal of the licenses of handlers of radioactive material,
other
than a license for a facility for the disposal of low-level
radioactive waste, and of the certificates of registration of
handlers of radiation-generating equipment;
(4) Procedures for suspending and revoking the licenses
of
handlers of radioactive material and the certificates of
registration of handlers of radiation-generating equipment;
(5) Criteria to be used by the director of health in
amending
the license of a handler of radioactive material or the
certificate of registration of a handler of radiation-generating
equipment subsequent to its issuance;
(6) Criteria for achieving and maintaining compliance
with
this chapter and rules adopted under it by licensees and
registrants;
(7) Criteria governing environmental monitoring of
licensed
and registered activities to assess compliance with this
chapter
and rules adopted under it;
(8) Except as otherwise provided in division (A)(8)
of this
section, fees Fees for the both of the following:
(a) The licensing of handlers of radioactive
material, other
than a facility facilities for the disposal of low-level
radioactive waste, and the of radioactive material;
(b) The registration of handlers, other than facilities that
are, or are operated by, medical practitioners or
medical-practitioner groups, of
radiation-generating equipment and
a.
(9) A fee schedule for their
both of the following that
includes fees for reviews, conducted during an inspection, of
shielding plans or the adequacy of shielding:
(a) The inspection of handlers of radioactive material;
(b) The inspection of handlers, other than facilities that
are, or are operated by, medical practitioners or
medical-practitioner groups, of radiation-generating equipment.
Rules adopted under division (A)(8) of
this section
shall not
revise any fees established in section 3748.07 or
3748.13 of the
Revised Code to
be paid by any handler of
radiation-generating
equipment that is a medical
practitioner or a
corporation,
partnership, or other business entity consisting of
medical
practitioners,
other than a hospital as defined in section
3727.01 of the Revised Code.
As used in division (A)(8) of this section, "medical
practitioner"
means a person who is authorized to practice
dentistry pursuant to
Chapter 4715. of the Revised Code; medicine
and surgery, osteopathic medicine
and surgery, or podiatry
pursuant to Chapter 4731. of the Revised Code; or
chiropractic
pursuant to Chapter 4734. of the Revised Code.
(B)(1) Identifying sources of radiation, circumstances of
possession, use, or disposal of sources of radiation, and levels
of radiation that constitute an unreasonable or unnecessary risk
to human health or the environment;
(2) Establishing requirements for the achievement and
maintenance of compliance with standards for the receipt,
possession, use, storage, installation, transfer, servicing, and
disposal of sources of radiation to prevent levels of radiation
that constitute an unreasonable or unnecessary risk to human
health or the environment;
(3) Requiring the maintenance of records on the
receipt, use,
storage, transfer, and disposal of radioactive
material and on the
radiological safety aspects of the use and
maintenance of
radiation-generating equipment.
In adopting rules under divisions (A) and (B) of this
section, the council shall use standards
no less stringent than
the "suggested state regulations for control of
radiation"
prepared by the
conference of radiation control program directors,
inc., and regulations
adopted by the United States nuclear
regulatory commission, the United
States environmental
protection
agency, and the United States department of health and
human
services and shall consider reports of the national council on
radiation protection
and measurement and the relevant standards of
the American
national standards institute.
(C) Establishing fees, procedures, and
requirements for
certification as a radiation expert, including all of the
following, without limitation:
(1) Minimum training and experience requirements;
(2) Procedures for applying for certification;
(3) Procedures for review of applications and issuance of
certificates;
(4) Procedures for suspending and revoking certification.
(D) Establishing a schedule for inspection of sources of
radiation and their shielding and surroundings;
(E) Establishing the responsibilities of a
radiation expert;
(F) Establishing criteria for quality
assurance programs for
licensees of radioactive material and
registrants of
radiation-generating equipment;
(G) Establishing fees to be paid by any
facility that, on
September 8, 1995, holds a
license from the United States nuclear
regulatory
commission in order to provide moneys necessary for the
transfer of
licensing and other regulatory authority from the
commission to
the state pursuant to section 3748.03 of the Revised
Code. Rules adopted under this division shall stipulate
that fees
so established do not apply to any functions dealing
specifically
with a facility for the disposal of low-level
radioactive waste.
Fees collected under this division shall be deposited
into the
state treasury to the credit of the general operations fund
created
in section 3701.83 of the Revised Code. The fees shall be
used solely to
administer and enforce this chapter and rules
adopted under it.
(H) Establishing fees to be collected annually
from
generators of low-level radioactive waste, which shall be
based
upon the volume and radioactivity of the waste generated and the
costs
of administering low-level radioactive waste management
activities under this
chapter and rules adopted under it. All fees
collected under this division
shall be
deposited into the state
treasury to the credit of the general operations fund
created in
section 3701.83 of the Revised Code. The fees shall be used solely
to administer
and enforce this chapter and rules adopted under it.
Any fee required under
this division that has not been paid within
ninety days after the invoice date
shall be assessed at two times
the original invoiced fee. Any fee that has
not been paid within
one hundred eighty days after the invoice date shall be
assessed
at five times the original invoiced fee.
(I) Establishing requirements governing
closure,
decontamination, decommissioning, reclamation, and
long-term
surveillance and care of a facility licensed under this
chapter
and rules adopted under it. Rules adopted under division
(I) of
this section shall include, without limitation,
all of the
following:
(1) Standards and procedures to ensure that a licensee
prepares a decommissioning funding plan that provides an adequate
financial guaranty to permit the completion of all requirements
governing the closure, decontamination, decommissioning, and
reclamation of sites, structures, and equipment used in
conjunction with a licensed activity;
(2) For licensed activities where radioactive material
that
will require surveillance or care is likely to remain at the
site
after the licensed activities cease, as indicated in the
application for the license submitted under section 3748.07 of
the
Revised Code, standards and procedures to
ensure that the licensee
prepares an additional decommissioning
funding plan for long-term
surveillance and care, before
termination of the license, that
provides an additional adequate
financial guaranty as necessary to
provide for that surveillance
and care;
(3) For the purposes of the decommissioning funding
plans
required in rules adopted under divisions (I)(1)
and (2) of this
section, the types of acceptable financial
guaranties, which shall
include bonds issued by fidelity or
surety companies authorized to
do business in the state,
certificates of deposit, deposits of
government securities,
irrevocable letters or lines of credit,
trust funds, escrow
accounts, or other similar types of
arrangements, but shall not
include any arrangement that
constitutes self-insurance;
(4) A requirement that the decommissioning funding
plans
required in rules adopted under divisions (I)(1) and (2) of
this
section contain financial guaranties in amounts sufficient
to
ensure compliance with any standards established by the
United
States nuclear regulatory commission, or
by the state if it has
become an agreement state pursuant to
section 3748.03 of the
Revised Code, pertaining
to closure, decontamination,
decommissioning, reclamation, and
long-term surveillance and care
of licensed activities and sites
of licensees.
Standards established in rules adopted under division
(I) of
this section regarding any activity that resulted
in the
production of byproduct material, as defined in division
(A)(2) of
section 3748.01 of the Revised Code, to the extent practicable,
shall be equivalent to or more stringent than
standards
established by the United States
nuclear regulatory commission for
sites at which ores were
processed primarily for their source
material content and at
which byproduct material, as defined in
division (A)(2) of section
3748.01 of the Revised Code, is
deposited.
(J) Establishing criteria governing inspections
of a facility
for the disposal of low-level radioactive waste,
including,
without limitation, the establishment of a resident
inspector
program at such a facility;
(K) Establishing requirements and procedures
governing the
filing of complaints under section 3748.16 of the
Revised Code,
including, without limitation,
those governing intervention in a
hearing held under division
(B)(3) of that section.
Sec. 3748.07. (A) Every facility that proposes to
handle
radioactive material or radiation-generating equipment for which
licensure or registration, respectively, by its
handler is
required shall apply in writing to the director of health on
forms
prescribed and provided by the director for licensure or
registration. Terms and conditions of licenses and certificates
of
registration may be amended in accordance with rules adopted under
section
3748.04 of the Revised Code or orders issued by the
director
pursuant to section 3748.05 of the Revised Code.
(B) Until rules are adopted under section 3748.04 of the
Revised Code (1) Except as provided in division (B)(2) of this
section, an application for a license, registration certificate,
or renewal of either shall be accompanied by the appropriate fee
specified in rules adopted under section 3748.04 of the Revised
Code.
(2) In the case of an applicant that is, or is operated by, a
medical practitioner or medical-practitioner group and proposes to
handle radiation-generating equipment, an application for a
certificate of
registration
shall be accompanied by a biennial
registration fee of two
hundred
eighteen sixty-two dollars and,
in the case of a renewal application, a biennial renewal fee in
the same amount. On and after the effective date
of those rules,
an applicant for a license, registration certificate, or
renewal
of either shall pay the appropriate fee established in those
rules.
(C) All fees collected under this section shall be deposited
in
the state treasury to the credit of the general operations fund
created in section 3701.83 of the Revised Code. The fees
shall be
used solely to administer and enforce this chapter and rules
adopted
under it.
(D) Any fee required under this section that has not been
paid
within ninety
days after the invoice date shall be assessed
at two
times the original
invoiced fee. Any fee that has not been
paid
within one hundred eighty days
after
the invoice date shall
be
assessed at five times the original invoiced
fee.
(C)(E) The director shall grant a license or registration to
any
applicant who has paid the required fee and is in compliance
with
this
chapter and
rules adopted under it.
Until rules are adopted under section 3748.04 of the
Revised
Code, certificates of registration shall be
effective for two
years from the
date of issuance. On and after the effective date
of
those rules
(F) Except as provided in division (B)(2) of this
section,
licenses and certificates of registration
shall be
effective for
the applicable period established in those
rules
adopted under
section 3748.04 of the Revised Code. Licenses
and
certificates
of
registration shall be renewed in accordance
with
the
standard
renewal procedure established in Chapter 4745.
rules
adopted under
section 3748.04 of the
Revised Code.
Sec. 3748.12. The director of health shall certify
radiation
experts pursuant to rules adopted under division (C)
of section
3748.04 of the Revised Code. The director shall
issue a
certificate to each person certified under this section. An
individual certified by the director is qualified to develop,
provide
periodic review of, and conduct audits
of the quality
assurance program for sources of radiation for which
such a
program is required under division (A) of section 3748.13 of the
Revised Code.
The public health council shall establish an application
fee
for applying for certification and a biennial certification
renewal fee
in rules adopted under division
(C) of section 3748.04
of the Revised Code.
Until those rules are adopted, the
application fee for
initial certification shall be fifty dollars
plus an additional twenty-five dollars for each type of
radiation-generating equipment listed in division (B) of section
3748.13 of the Revised Code for which application is being made.
The certification
renewal fee shall
be one hundred fifteen
dollars. A certificate issued under
this section shall expire two
years after the date of its
issuance. To maintain certification, a
radiation expert
shall
apply to the director for renewal of
certification in accordance
with the standard renewal procedures
established in Chapter
4745. of the
Revised Code. The
certification renewal fee is not
required for initial
certification, but shall be paid for every
renewal of
certification. Fees collected under this section
shall be
deposited into the state treasury to the credit of the
general
operations fund created in section 3701.83 of
the Revised Code.
The fees shall be used solely to administer
and enforce this
chapter and rules adopted under it. Any
fee required under this
section that has not been paid within ninety days
after the
invoice date shall be assessed at two times the original invoiced
fee. Any fee that has not been paid within one hundred eighty days
after the
invoice date shall be assessed at five times the
original invoiced fee.
Sec. 3748.13. (A) The director of health shall inspect
sources of
radiation for which licensure or registration by the
handler is
required, and the sources'
shielding and surroundings,
according to the schedule established in
rules adopted under
division (D) of section
3748.04 of the Revised Code. In accordance
with rules
adopted under that section 3748.04 of the Revised Code,
the director shall inspect
all
records and
operating procedures
of handlers that install
or service sources of
radiation and all
sources of
radiation for which
licensure of radioactive material
or
registration of
radiation-generating equipment by the
handler
is
required. The
director may make other
inspections upon
receiving
complaints or
other evidence of a violation of this
chapter or
rules adopted under
it.
The director shall require any hospital
registered under
division (A) of
section 3701.07 of the Revised Code to develop and
maintain a
quality assurance program for all sources of
radiation-generating equipment.
A certified radiation expert
shall conduct oversight and maintenance of the
program and shall
file a report of audits of the program with the director on
forms
prescribed by the director. The audit reports shall become
part of
the inspection record.
(B) Until rules are adopted under division (A)(8) of
section
3748.04 of the Revised Code (1) Except as provided in division
(B)(2) of this section, a facility shall pay inspection
fees for
radioactive material and radiation-generating equipment according
to the
following schedule and categories
established in rules
adopted under division (A)(9) of section
3748.04 of the Revised
Code.
(2) A facility that is, or is operated by, a medical
practitioner or medical-practitioner group shall pay inspection
fees for radiation-generating equipment according to the following
schedule and categories:
|
First dental x-ray tube |
|
$ 129.00 155.00 |
|
Each additional dental x-ray tube at the same location |
|
$ 64.00 77.00 |
|
First medical x-ray tube |
|
$ 256.00 307.00 |
|
Each additional medical x-ray tube at the same location |
|
$ 136.00 163.00 |
|
Each unit of ionizing radiation-generating equipment capable of
operating at or above 250 kilovoltage peak |
|
$ 508.00 610.00 |
|
First nonionizing radiation-generating equipment of any kind |
|
$ 256.00 307.00 |
|
Each additional nonionizing radiation-generating
equipment of any kind at the same location |
|
$ 136.00 163.00 |
|
Assembler-maintainer inspection consisting of an inspection of records
and operating procedures of handlers that install sources of radiation |
|
$ 317.00 380.00 |
Until rules are adopted under division (A)(8) of section
3748.04 of the Revised Code, the fee for an inspection to
determine whether violations
cited in a previous inspection have
been corrected is fifty per
cent of the fee applicable under the
schedule in this division.
Until those rules are adopted
(C)(1)
Except as provided in division (C)(2) of this section,
the fee
for the inspection of
a facility that proposes to handle
radioactive material or radiation-generating equipment and is not
licensed or
registered,
and for which no license or registration
application is
pending at the time of inspection, is three four
hundred
ninety-five seventy-four dollars plus the applicable fee
specified in rules adopted under division (A)(9) of section
3748.04 of the Revised Code.
(2) For a facility that is, or is operated by, a medical
practitioner or medical-practitioner group and proposes to handle
radiation-generating equipment, the fee for an inspection if the
facility is not licensed or registered, and no license or
registration is pending at the time of inspection, is four hundred
seventy-four dollars plus the fee applicable under the
schedule in
this division (B)(2) of this section.
(D)(1) Except as provided in division (D)(2) of this section,
for a facility that handles radioactive material or
radiation-generating equipment, the fee for an inspection to
determine whether violations cited in a previous inspection have
been corrected is the amount specified in rules adopted under
division (A)(9) of section 3748.04 of the Revised Code.
(2) For a facility that is, or is operated by, a medical
practitioner or medical-practitioner group and handles
radiation-generating equipment, the fee for an inspection to
determine whether violations cited in a previous inspection have
been corrected is fifty per cent of the applicable fee under the
schedule in division (B)(2) of this section.
(E) The director may conduct a review of
shielding plans or
the
adequacy of shielding on the request of a
licensee or
registrant
or an applicant for licensure or
registration or
during an
inspection when the director
considers a review to be
necessary.
Until rules
are adopted under
division (A)(8) of
section 3748.04 of the
Revised Code
(1) Except as provided in division (E)(2) of this section,
the fee for the review is six the applicable amount specified in
rules adopted under division (A)(9) of section 3748.04 of the
Revised Code.
(2) For a facility that is, or is operated by, a medical
practitioner or medical-practitioner group and handles or proposes
to handle radiation-generating equipment, the fee for the review
is seven hundred thirty-five sixty-two
dollars for each
room
where a source of radiation is used and is
in addition to any
other fee
applicable under the schedule in this
division (B)(2)
of this section.
(F) All fees shall be paid to the department of health no
later
than
thirty days after the invoice for the fee is mailed.
Fees
shall
be deposited in the general operations fund created in
section
3701.83 of the Revised Code. The fees shall be used solely
to administer
and enforce this chapter and rules adopted under it.
(G) Any fee required under this section that has not been
paid
within ninety days after the invoice date shall be assessed
at two
times the
original invoiced fee. Any fee that has not been
paid
within one hundred
eighty days after the invoice date shall
be
assessed at five times the
original invoiced fee.
(C)(H) If the director determines that a board of
health of a
city or general health district is qualified to
conduct
inspections of radiation-generating equipment, the
director may
delegate to the board, by contract, the
authority to conduct such
inspections. In making a
determination of the qualifications of a
board of health to conduct those
inspections, the director shall
evaluate the credentials of the
individuals who are to conduct the
inspections of
radiation-generating equipment and the radiation
detection and measuring equipment available to them for that
purpose. If a contract is entered into, the board shall have the
same authority to make inspections of radiation-generating
equipment as
the director has under this chapter and rules adopted
under it. The
contract shall stipulate that only individuals
approved by the
director as qualified shall be permitted to
inspect radiation-generating
equipment under the contract's
provisions. The contract shall
provide for such compensation for
services as is agreed to by the
director and the board of health
of the contracting health
district. The director may reevaluate
the credentials of the
inspection personnel and their radiation
detecting and measuring
equipment as often as the director
considers necessary and may terminate
any contract with the board
of health of any health district
that, in the director's opinion,
is not satisfactorily
performing the terms of the contract.
(D)(I) The director may enter at all reasonable times upon
any
public
or private property to determine compliance with this
chapter and rules
adopted under it.
Sec. 3749.04. (A) No person shall operate or maintain a
public swimming pool, public spa, or special-use pool without a
license issued by the licensor having jurisdiction.
(B) Every person who intends to operate or maintain an
existing public swimming pool, public spa, or special-use pool
shall, during the month of April of each year, apply to the
licensor having jurisdiction for a license to operate the pool or
spa. Any person proposing to operate or maintain a new or
otherwise unlicensed public swimming pool, public spa, or
special-use pool shall apply to the licensor having jurisdiction
at least thirty days prior to the intended start of operation of
the pool or spa. Within thirty days of receipt of an application
for licensure of a public swimming pool, public spa, or
special-use pool, the licensor shall process the application and
either issue a license or otherwise respond to the applicant
regarding the application.
(C) Each license issued shall be effective from the date
of
issuance until the last day of May of the following year.
(D) Each licensor administering and enforcing sections
3749.01 to 3749.09 of the Revised Code and the rules adopted
thereunder may establish licensing and inspection fees in
accordance with section 3709.09 of the Revised Code, which shall
not exceed the cost of licensing and inspecting public swimming
pools, public spas, and special-use pools.
(E) Except as provided in division (F) of this section and
in
division (B) of section 3749.07 of the Revised Code, all
license
fees collected by a licensor shall be deposited into a
swimming
pool fund, which is hereby created in each health
district. The
fees shall be used by the licensor solely for the
purpose of
administering and enforcing this chapter and the rules
adopted
under this chapter.
(F) An annual license fee established under division (D)
of
this section shall include any additional amount determined by
rule of the public health council, which the licensor board of
health shall
collect and transmit to the treasurer of state to be
deposited in
the general operations fund created by section
3701.83 of the
Revised Code director of health pursuant to section
3709.092 of the Revised Code. The amounts collected under this
division shall be
administered by the director of health and shall
be used solely
for the administration and enforcement of this
chapter and the
rules adopted under this chapter.
Sec. 3770.05. (A) As used in this section,
"person" means
any
person, association, corporation, partnership, club, trust,
estate, society, receiver, trustee, person acting in a fiduciary
or representative capacity, instrumentality of the state or any
of
its political subdivisions, or any other combination of
individuals meeting the requirements set forth in this section or
established by rule or order of the state lottery commission.
(B) The director of the state lottery commission may license
any person as a lottery sales agent. No license shall be issued
to
any person or group of persons to engage in the sale of
lottery
tickets as the person's or group's sole occupation or
business.
Before issuing any license to a lottery sales agent,
the
director shall consider all of the following:
(1) The financial responsibility and security of the
applicant and the applicant's business or activity;
(2) The accessibility of the applicant's place of business or
activity
to the public;
(3) The sufficiency of existing licensed agents to serve
the
public interest;
(4) The volume of expected sales by the applicant;
(5) Any other factors pertaining to the public interest,
convenience, or trust.
(C) Except as otherwise provided in division
(F) of this
section, the director of the state lottery commission shall refuse
to grant, or shall
suspend
or
revoke, a license if the applicant
or licensee:
(1) Has been convicted of a felony or has been convicted of
a
crime
involving moral
turpitude;
(2) Has been convicted of an offense that involves illegal
gambling;
(3) Has been found guilty of fraud or misrepresentation in
any connection;
(4) Has been found to have violated any rule or order of
the
commission; or
(5) Has been convicted of illegal trafficking in food
stamps
supplemental nutrition assistance program benefits.
(D) Except as otherwise provided in division
(F) of this
section, the director of the state lottery commission shall refuse
to grant, or shall
suspend
or
revoke, a license if the applicant
or licensee is a
corporation and any of the following applies:
(1) Any of the corporation's directors, officers, or
controlling
shareholders has been found guilty of any of the
activities
specified in divisions (C)(1) to (5) of this section;
(2) It appears to the director of the state lottery
commission that, due to the
experience, character,
or
general
fitness of any director,
officer, or controlling
shareholder of
the corporation, the granting of a license as a
lottery sales
agent
would be inconsistent with the public
interest, convenience,
or
trust;
(3) The corporation is not the owner or lessee of the
business at which it
would conduct a lottery sales agency pursuant
to the license
applied
for;
(4) Any person, firm, association, or
corporation other
than
the applicant or licensee shares or will share in the
profits of
the
applicant or licensee, other than receiving dividends or
distributions as a
shareholder, or participates or will
participate in the
management of the affairs
of the applicant or
licensee.
(E)(1) The director of the state lottery commission shall
refuse to grant a license to an
applicant for a lottery sales
agent license and shall revoke a lottery sales agent license if
the
applicant or
licensee is or has been convicted of a violation
of
division (A)
or (C)(1) of section 2913.46 of the Revised Code.
(2) The director shall refuse to grant a license to an
applicant for a lottery sales agent license that is a
corporation
and shall revoke the lottery sales agent license of a
corporation
if the corporation is or has been
convicted of a violation of
division
(A) or (C)(1) of
section 2913.46 of the Revised
Code.
(F) The director of the state lottery commission shall
request the bureau of
criminal
identification and investigation,
the department of public safety,
or
any other state, local, or
federal agency to supply the
director with the
criminal records of
any applicant for a lottery
sales agent license, and may
periodically request the criminal records of
any person to whom a
lottery sales agent license has
been issued. At or prior to
the
time of making such a request, the director
shall require an
applicant or licensee to obtain fingerprint impressions on
fingerprint cards prescribed
by
the superintendent of the bureau
of criminal identification and
investigation at a
qualified law
enforcement agency, and the
director shall cause
those
fingerprint cards to be forwarded to
the bureau of criminal
identification and
investigation, to the
federal bureau of
investigation, or to both bureaus. The commission shall
assume the
cost of obtaining the
fingerprint cards.
The director shall pay
to each agency supplying
criminal
records for
each investigation a
reasonable fee, as determined by
the agency.
The
commission may
adopt uniform rules specifying time
periods after which
the
persons described in divisions (C)(1) to
(5) and (D)(1)
to (4) of
this section may be issued a license and
establishing requirements
for those persons to seek a court order
to have records sealed in
accordance
with law.
(G)(1) Each applicant for a lottery sales agent license
shall
do both of the following:
(a) Pay to the state lottery commission, at the time the
application is submitted, a fee in an amount that the
director of
the state lottery commission determines by rule adopted under
Chapter 119. of the Revised Code and that the controlling board
approves;
(b) Prior to approval of the application, obtain a surety
bond in an amount
the director determines by rule adopted under
Chapter 119. of the Revised Code or, alternatively, with the
director's approval, deposit the same amount into a dedicated
account for the benefit of the state lottery. The director also
may approve the obtaining of a surety bond to cover part of the
amount required, together with a dedicated account deposit to
cover the remainder of the amount required.
A surety
bond may be
with any company that complies with
the
bonding and surety laws of this state
and the requirements
established by rules of the commission pursuant to this
chapter. A
dedicated account deposit shall be conducted in accordance with
policies and procedures the director establishes.
A surety bond, dedicated account, or both, as applicable, may
be used to pay for the lottery sales agent's failure to make
prompt and accurate payments for lottery ticket sales, for missing
or stolen lottery tickets, or for damage to equipment or materials
issued to the lottery sales agent, or to pay for expenses the
commission incurs in connection with the lottery sales agent's
license.
(2) A lottery sales agent license is effective for one year.
A licensed
lottery sales agent, on or before the date
established by the director,
shall renew the agent's license and
provide
at that time evidence to the director
that the surety
bond, dedicated account deposit, or both, required under division
(G)(1)(b)
of this section has been
renewed or is active, whichever
applies.
Before the commission renews a lottery sales agent license,
the lottery sales agent shall submit a renewal fee to the
commission in an amount that the director determines by rule
adopted under Chapter 119. of the Revised Code and that the
controlling board approves. The renewal fee shall not exceed the
actual cost of administering the license renewal and processing
changes reflected in the renewal application. The renewal of the
license is effective for up to one year.
(3) A lottery sales agent license shall be complete,
accurate, and current at all times during the term of the license.
Any changes to an original license application or a renewal
application may subject the applicant or lottery sales agent, as
applicable, to paying an administrative fee that shall be in an
amount that the director determines by rule adopted under Chapter
119. of the Revised Code, that the controlling board approves, and
that shall not exceed the actual cost of administering and
processing the changes to an application.
(4) The relationship between the commission and a
lottery
sales
agent is one of trust. A lottery sales agent
collects funds
on behalf of the
commission through the sale of
lottery tickets
for which the agent receives a
compensation.
(H) Pending a final resolution of any question arising under
this section, the director of the state lottery commission may
issue a temporary lottery sales
agent license, subject to the
terms and conditions the
director
considers appropriate.
(I) If a lottery sales agent's rental payments for the
lottery sales agent's
premises are determined, in whole or in
part, by the
amount of retail
sales the lottery sales agent makes,
and if the rental agreement
does not expressly
provide that the
amount of those retail sales
includes the amounts
the lottery
sales agent receives from lottery ticket sales,
only the amounts
the
lottery sales agent receives as compensation
from the state
lottery commission for selling lottery tickets
shall be
considered
to be amounts the lottery sales agent receives from the
retail
sales
the lottery sales agent
makes, for the purpose of computing
the
lottery sales agent's rental payments.
Sec. 3773.35. Any person who wishes to conduct a public or
private competition that involves
boxing or,
wrestling match or
exhibition, mixed martial arts, kick boxing, tough man
contests,
tough guy contests, or any other form of boxing or
martial arts
shall apply to the Ohio
athletic
commission for a
promoter's
license. Each
application
shall be filed with the
commission on
forms provided by the
commission, and shall be
accompanied by an
application
fee as
prescribed in
section
3773.43 of the Revised
Code and, with the exception of wrestling
events, by a cash
bond, certified check, bank
draft, or surety
bond of not less
than
five twenty thousand dollars conditioned
for
compliance
with sections
3773.31 to 3773.57 of the Revised
Code and the
rules
of the
commission. The applicant shall verify
the
application under oath.
The commission shall prescribe the form of the application
for the promoter's
license. The application shall include the name
of the applicant, the post
office address of the applicant, and
any other information the commission
requires.
Sec. 3773.36. Upon the proper filing of an application to
conduct any public or private competition that involves boxing or
wrestling matches or exhibitions, mixed martial arts, kick boxing,
tough man contests, tough guy contests, or any other form of
boxing or martial arts,
accompanied by the cash
bond, certified
check, bank draft, or
surety bond required by section
3773.35, and
the application fee
required by
section 3773.43 of the Revised
Code, or upon the proper filing of an application to conduct any
public or private competition that involves wrestling accompanied
by the application fee, the Ohio athletic
commission shall issue a
promoter's license to the
applicant if it
finds that the applicant
is not in default on any
payment,
obligation, or debt payable to
the state under sections
3773.31 to
3773.57 of the Revised Code,
is financially
responsible, and is
knowledgeable in the proper
conduct of such
matches or
exhibitions.
Each license issued pursuant to this section shall bear the
name of the licensee, the post office address of the licensee,
the
date of issue expiration, a serial an identification number
designated by the commission, and
the
seal of the commission, and
the signature of the
commission
chairperson.
A promoter's license shall expire twelve months after its
date of issuance and shall become invalid on that date unless
renewed. A promoter's license may be renewed upon application to
the commission and upon payment of the renewal fee prescribed in
section 3773.43 of the Revised Code. The commission shall renew
the license unless it denies the application for renewal for one
or more reasons stated in section 3123.47 or 3773.53
of the
Revised
Code.
Sec. 3773.43. The Ohio athletic commission shall charge the
following fees:
(A) For an application for or renewal of a promoter's license
for a public or private competition that involves
boxing matches
or exhibitions, mixed martial arts, kick boxing, tough man
contests, tough guy contests, or any other form of boxing or
martial arts, one hundred dollars.
(B) For an application for or renewal of a license to
participate in a
public boxing match or exhibition as a
contestant, or as a
referee, judge, matchmaker, manager,
timekeeper, trainer, or second of a
contestant, twenty dollars.
(C) For a permit to conduct a public boxing match or
exhibition, fifty
dollars.
(D) For an application for or renewal of a promoter's license
for
professional a public or private competition that involves
wrestling matches or exhibitions, two hundred dollars.
(E) For a permit to conduct a professional wrestling match or
exhibition, one hundred dollars.
The commission, subject to the approval of the controlling
board, may
establish fees in excess of the amounts provided in
this section, provided
that such fees do not exceed the amounts
permitted by this section by more
than fifty per cent.
The fees prescribed by this section shall be paid to the
treasurer of state,
who shall deposit the fees in the occupational
licensing and regulatory fund.
Sec. 3781.03. (A) The state fire marshal, the fire chief of a
municipal
corporation that has a fire department, or the fire
chief of
a township that has a fire department shall enforce the
provisions of
this chapter and Chapter 3791. of the
Revised Code
that relate to fire
prevention.
(B) The superintendent of the division of industrial
compliance labor, or
the building
inspector or commissioner of
buildings in a municipal
corporation, county, or township in which
the
building department is certified by the
board of building
standards
under section 3781.10 of the Revised
Code shall enforce
in the jurisdiction of each entity all the
provisions in
this
chapter and Chapter 3791. of the Revised Code and
any rules
adopted pursuant
to those chapters that relate to the
construction, arrangement, and erection of
all
buildings or parts
of buildings, as defined in section 3781.06 of
the
Revised Code,
including the sanitary condition of those buildings in
relation to
heating and ventilation.
(C) The division of industrial compliance labor in the
department
of
commerce,
boards of health of
health
districts,
certified
departments of building inspection of
municipal
corporations, and
county building departments that have authority
to perform
inspections pursuant to a contract under division
(C)(1) of
section 3703.01 of the Revised Code, subject to
Chapter
3703. of
the Revised Code, shall enforce this
chapter
and Chapter 3791. of
the Revised Code and the rules
adopted
pursuant to those chapters
that relate
to plumbing.
Building
drains are considered plumbing
for the purposes of
enforcement
of those chapters.
(D)(1) In accordance with Chapter 3703. of the Revised Code,
the department of the city engineer, in cities having such
departments, the boards of health of health districts, or the
sewer purveyor, as appropriate, shall have complete authority to
supervise and regulate
the
entire sewerage and drainage system in
the jurisdiction in which it is exercising the authority described
in this division, including
the
building sewer and all laterals
draining
into the
street sewers.
(2) In accordance with Chapter 3703. of the Revised Code, the
department of the city engineer, the boards of health of health
districts, or the sewer purveyor, as appropriate, shall control
and
supervise the installation and construction of all drains
and
sewers that become a part of the sewerage system and
shall issue
all the necessary permits and licenses for the
construction and
installation of all building
sewers
and of all other lateral
drains that empty into the main
sewers.
The department of the city
engineer, the boards of health of health districts, and the sewer
purveyor, as appropriate, shall keep a permanent record of
the
installation
and location of every drain and sewer of the
drainage
and sewerage
system of the jurisdiction in which it has exercised
the authority described in this division.
(E) This section does not exempt any officer or department
from
the obligation to enforce this chapter and
Chapter 3791.
of
the
Revised
Code.
Sec. 3781.102. (A) Any county or municipal building
department certified pursuant to division (E) of section 3781.10
of the Revised Code as of September 14, 1970, and
that, as
of
that date, was inspecting single-family,
two-family, and
three-family residences, and any township building department
certified pursuant to division (E) of section 3781.10 of the
Revised Code, is hereby declared to be certified to inspect
single-family, two-family, and three-family residences containing
industrialized units, and shall inspect
the buildings or classes
of buildings subject to
division (E) of section 3781.10 of the
Revised Code.
(B) Each board of county commissioners may adopt, by
resolution,
rules establishing standards and providing for the
licensing of
electrical and heating, ventilating, and air
conditioning
contractors who are not required to hold a valid and
unexpired license
pursuant to Chapter 4740. of the Revised Code.
Rules adopted by a board of county commissioners pursuant
to
this division may be enforced within the unincorporated areas
of
the county and within any municipal corporation where the
legislative authority of the municipal corporation has contracted
with the board for the enforcement of the county rules within the
municipal corporation pursuant to section 307.15 of the Revised
Code. The rules shall not conflict with rules adopted by the
board
of building standards pursuant to section 3781.10 of the
Revised
Code or by the department of commerce pursuant to Chapter
3703. of
the Revised Code. This division does not impair or
restrict the
power of municipal corporations under Section 3 of
Article XVIII,
Ohio Constitution, to adopt rules concerning
the
erection,
construction, repair, alteration, and maintenance
of
buildings and
structures or of establishing standards and
providing for the
licensing of specialty contractors pursuant to
section
715.27 of
the Revised Code.
A board of county commissioners, pursuant to this
division,
may require all electrical contractors and
heating, ventilating,
and air conditioning contractors, other than
those who hold a
valid and unexpired license issued pursuant to
Chapter 4740. of
the Revised Code, to
successfully complete an examination, test,
or demonstration of
technical skills, and may impose a fee and
additional requirements
for a license to engage in their
respective occupations within
the jurisdiction of the board's
rules under this division.
(C) No board of county commissioners shall require any
specialty contractor who holds a
valid and unexpired
license
issued pursuant to
Chapter 4740.
of the
Revised Code to
successfully complete an
examination, test, or demonstration of
technical skills in order
to engage in the
type of contracting
for which the license is held,
within the unincorporated areas of
the county and within any
municipal corporation whose legislative
authority has contracted
with the board for the enforcement of
county regulations within
the municipal corporation, pursuant to
section 307.15 of the
Revised
Code.
(D) A board may impose a fee
for registration of a
specialty
contractor who holds a valid and unexpired
license
issued pursuant
to
Chapter 4740. of the Revised Code before that
specialty
contractor may engage
in the type of contracting for
which the
license is held within the
unincorporated areas of the
county and
within any
municipal corporation whose legislative
authority has
contracted
with the board for the enforcement of
county
regulations within
the municipal corporation, pursuant to
section
307.15 of the
Revised
Code, provided that the fee
is the
same for
all
specialty contractors who
wish to engage in that
type of
contracting. If
a board imposes such a fee, the board
immediately
shall permit a specialty contractor who presents
proof of holding
a
valid and
unexpired
license and pays the
required fee to
engage
in the type of contracting
for which
the
license is held within
the
unincorporated areas of the county and
within any municipal
corporation
whose legislative authority has
contracted with the
board for the enforcement
of county
regulations within the
municipal corporation, pursuant to section
307.15 of the Revised
Code.
(E) The political subdivision associated with each
municipal,
township, and county building department
the board of building
standards certifies pursuant to division (E) of
section 3781.10 of
the Revised Code may prescribe fees to be paid
by persons,
political subdivisions, or any department, agency,
board,
commission, or institution of the state, for the
acceptance
and
approval of plans and specifications, and for the
making of
inspections, pursuant to sections 3781.03 and 3791.04
of the
Revised Code.
(F) Each political subdivision that prescribes fees
pursuant
to
division (E) of this section shall collect, on behalf of
the
board of
building standards, fees equal to the following:
(1) Three per cent of the
fees the political subdivision
collects in connection with nonresidential buildings;
(2) One per cent of the fees the political subdivision
collects in connection with residential buildings.
(G)(1) The board
shall adopt rules, in accordance with
Chapter
119. of the Revised Code,
specifying the manner in which
the fee
assessed pursuant to division
(F) of this section shall be
collected and remitted
monthly to the board. The board shall pay
the fees into the state treasury to the credit of
the industrial
compliance labor operating fund created in section
121.084 of the
Revised Code.
(2) All money credited to the industrial compliance labor
operating fund under this division shall be
used
exclusively for
the following:
(a) Operating costs of the board;
(b) Providing services, including educational programs, for
the building
departments that are certified by the board pursuant
to division (E)
of section 3781.10 of the Revised Code;
(c) Paying the expenses of the residential construction
advisory committee, including the expenses of committee members as
provided in section 4740.14 of the Revised Code.
(H) A board of county commissioners that adopts rules
providing
for the licensing of electrical and heating,
ventilating, and air
conditioning contractors, pursuant to
division (B) of this
section, may accept, for purposes of
satisfying the requirements of rules adopted under that
division,
a valid and unexpired license issued pursuant to Chapter
4740. of
the Revised Code that is held by an electrical or
heating,
ventilating, and air conditioning contractor, for the
construction, replacement, maintenance, or repair of one-family,
two-family, or three-family dwelling houses or accessory
structures incidental to those dwelling houses.
(I) A board of county commissioners shall not register a
specialty contractor who is required to hold a license under
Chapter 4740. of the Revised Code but does not hold a valid
license issued under that chapter.
(J) As used in this section, "specialty contractor" means a
heating, ventilating, and air conditioning contractor,
refrigeration contractor, electrical contractor, plumbing
contractor, or
hydronics contractor, as those contractors are
described in Chapter 4740. of the Revised Code.
Sec. 3781.11. (A) The rules of the board of building
standards shall:
(1)
For nonresidential buildings, provide uniform
minimum
standards and
requirements, and for residential buildings, provide
standards and requirements that are uniform throughout the state,
for
construction and construction materials,
including
construction
of industrialized units, to make residential and
nonresidential buildings
safe and sanitary as
defined in section
3781.06 of the Revised
Code;
(2) Formulate such standards and requirements, so far as
may
be practicable, in terms of performance objectives, so as to
make
adequate performance for the use intended the test of
acceptability;
(3) Permit, to the fullest extent feasible, the use of
materials and technical methods, devices, and improvements,
including the use of industrialized units which tend to reduce
the
cost of construction and erection without affecting minimum
requirements for the health, safety, and security of the
occupants
or users of buildings or industrialized units and
without
preferential treatment of types or classes of materials
or
products or methods of construction;
(4) Encourage, so far as may be practicable, the
standardization of construction practices, methods, equipment,
material, and techniques, including methods employed to produce
industrialized units;
(5) Not require any alteration or repair of any part of a
school building owned by a chartered nonpublic school or a city,
local, exempted village, or joint vocational school district and
operated in conjunction with any primary or secondary school
program that is not being altered or repaired if all of the
following apply:
(a) The school building meets all of the applicable
building
code requirements in existence at the time of the
construction of
the building.
(b) The school building otherwise satisfies the
requirements
of section 3781.06 of the Revised Code.
(c) The part of the school building altered or repaired
conforms to all rules of the board existing on the date of the
repair or alteration.
(6) Not require any alteration or repair to any part of a
workshop or factory that is not otherwise being altered,
repaired,
or added to if all of the following apply:
(a) The workshop or factory otherwise satisfies the
requirements of section 3781.06 of the Revised Code.
(b) The part of the workshop or factory altered, repaired,
or
added conforms to all rules of the board existing on the date
of
plan approval of the repair, alteration, or addition.
(B) The rules of the board shall supersede and govern any
order, standard, or rule of the division of industrial compliance
labor in
the department of commerce, division
of the state fire
marshal, the
department of health, and of
counties and
townships,
in all cases where such
orders, standards, or rules are
in
conflict with
the rules
of the
board, except that rules adopted
and orders issued by the
state fire
marshal pursuant to Chapter
3743. of the Revised Code prevail
in
the event of a conflict.
(C) The construction, alteration, erection, and repair of
buildings including industrialized units, and the materials and
devices of any kind used in connection with them and the heating
and ventilating of them and the plumbing and electric wiring in
them shall conform to the statutes of this state or the rules
adopted and promulgated by the board, and to provisions of local
ordinances not inconsistent therewith. Any building, structure,
or
part thereof, constructed, erected, altered, manufactured, or
repaired not in accordance with the statutes of this state or
with
the rules of the board, and any building, structure, or part
thereof in which there is installed, altered, or repaired any
fixture, device, and material, or plumbing, heating, or
ventilating system, or electric wiring not in accordance with
such
statutes or rules is a public nuisance.
(D) As used in this section:
(1) "Nonpublic school" means a chartered school for which
minimum standards are prescribed by the state board of education
pursuant to division (D) of section 3301.07 of the Revised Code.
(2) "Workshop or factory" includes manufacturing,
mechanical,
electrical, mercantile, art, and laundering
establishments,
printing, telegraph, and telephone offices,
railroad depots, and
memorial buildings, but does not include
hotels and tenement and
apartment houses.
Sec. 3783.05. The board of building standards, in accordance
with Chapters
119., 3781., and 3791. of the Revised Code, shall
adopt, amend, or repeal such
rules as may be reasonably necessary
to administer this chapter. All fees
collected by the board
pursuant to this chapter shall be paid into the state
treasury to
the credit of the industrial compliance labor operating fund
created in
section 121.084 of the Revised Code.
Sec. 3791.02. No owner, or person having the control as an
officer or member of a board or committee or otherwise of any
opera house, hall, theater, church, schoolhouse, college,
academy,
seminary, infirmary, sanitarium, children's home,
hospital,
medical institute, asylum, memorial building, armory,
assembly
hall, or other building for the assemblage or betterment
of people
shall fail to obey any order of the state fire marshal, boards of
health of city and general
health districts, the building
inspector or
commissioner in cities having a building inspection
department,
or the superintendent of the division of industrial
compliance labor in the
department of commerce under Chapters
3781. and 3791. of
the Revised Code or rules or regulations
adopted pursuant
thereto.
Whoever violates this section shall be fined not more than
one thousand
dollars.
Sec. 3791.04. (A)(1)
Before
beginning the construction,
erection, or
manufacture of any building to which section 3781.06
of the Revised Code applies, including all industrialized
units,
the owner of that building, in addition
to any other submission
required by law, shall
submit plans or
drawings, specifications,
and data prepared
for the construction,
erection, equipment,
alteration, or
addition that indicate the portions that have
been
approved
pursuant to section 3781.12 of the Revised Code and for
which no
further approval is required, to the municipal,
township,
or county building department having jurisdiction unless one of
the following applies:
(a) If no
municipal,
township, or county building department
certified for nonresidential buildings pursuant to division (E) of
section 3781.10 of the Revised Code has jurisdiction, the owner
shall make the submissions
described in division (A)(1) of this
section to the superintendent
of
the division of industrial
compliance labor.
(b) If no certified municipal,
township, or county building
department certified for residential buildings pursuant to
division (E) of section 3781.10 of the Revised Code has
jurisdiction, the owner is not required to make the
submissions
described in division (A)(1) of this section.
(2)(a) The seal of an architect registered under
Chapter
4703. of
the Revised Code or an engineer registered under Chapter
4733. of
the Revised Code is required for any plans, drawings,
specifications, or data submitted for approval, unless the
plans,
drawings, specifications, or data are permitted to be prepared by
persons other
than registered architects pursuant to division (C)
or (D) of
section 4703.18 of the Revised Code, or by persons other
than
registered
engineers pursuant to division (C) or (D) of
section
4733.18 of the Revised
Code.
(b) No seal is required for any plans, drawings,
specifications, or data
submitted for approval for any
residential
buildings, as defined in section 3781.06
of
the Revised Code, or
erected as
industrialized one-, two-, or
three-family units or
structures within the
meaning of
"industrialized unit" as defined
in section
3781.06 of the Revised
Code.
(c) No seal is required for
approval of the installation of
replacement equipment or
systems that are similar in type or
capacity to the equipment or systems being
replaced. No seal
is
required for approval for any new
construction,
improvement,
alteration, repair, painting,
decorating, or other
modification of
any
buildings or structures subject to sections
3781.06 to
3781.18
and 3791.04 of the Revised Code if the proposed
work does not
involve technical design analysis, as
defined by
rule adopted by
the board of building standards.
(B) No owner shall proceed with the construction, erection,
alteration, or equipment of any building until the plans or
drawings, specifications, and data have been approved as this
section requires, or the
industrialized unit inspected at the
point of origin. No plans
or
specifications shall be approved or
inspection approval given
unless the building represented would,
if constructed,
repaired, erected, or equipped, comply with
Chapters 3781. and 3791. of the Revised Code and any rule made
under those chapters.
(C) The approval of plans or drawings and specifications or
data pursuant to this section is invalid if construction,
erection, alteration, or other work upon the building has not
commenced within twelve months of the approval of the plans or
drawings and specifications. One extension shall be granted for
an
additional twelve-month period if the owner requests at
least ten
days in advance of the expiration of the permit and
upon
payment
of a fee not to exceed one hundred dollars. If in
the
course of
construction, work is delayed or suspended for more
than
six
months, the approval of plans or drawings and
specifications
or
data is invalid. Two extensions shall be
granted for six
months
each if the owner requests at least
ten days in advance
of the
expiration of the permit and upon
payment of a fee for each
extension of not more than one hundred
dollars. Before any work
may continue on the construction,
erection, alteration, or
equipment of any building for which the
approval is invalid, the
owner of the building shall resubmit the
plans or drawings and
specifications for approval pursuant to
this section.
(D) Subject to section 3791.042 of the Revised Code, the
board
of building standards or the legislative authority of a
municipal
corporation, township, or county, by rule, may regulate
the
requirements for the submission of plans and specifications to
the respective enforcing departments and for processing by those
departments. The board of building standards or
the
legislative
authority of a municipal corporation, township,
or
county may
adopt rules to provide for the approval, subject to
section
3791.042 of the Revised Code, by the department having
jurisdiction of the plans for construction of a foundation or any
other part of a building or structure before the complete plans
and specifications for the entire building or structure
are
submitted. When any plans are approved by the department having
jurisdiction, the structure and every particular
represented by
and disclosed in those plans shall, in the
absence of fraud or a
serious safety or sanitation hazard, be
conclusively presumed to
comply with Chapters 3781. and 3791. of
the Revised Code and any
rule issued pursuant to those chapters, if
constructed, altered,
or repaired in accordance with those plans
and any rule in effect
at the time of approval.
(E) The approval of plans and specifications, including
inspection of industrialized units, under this section is a
"license" and the failure to approve plans or specifications
as
submitted or to inspect the unit at the point of origin within
thirty days after the plans or specifications are filed or the
request to inspect the industrialized unit is made, the
disapproval of plans and specifications, or the refusal to
approve
an industrialized unit following inspection at the
point of origin
is "an adjudication order denying the issuance of
a license"
requiring an "adjudication hearing" as provided by
sections 119.07
to 119.13 of the Revised Code and as modified by
sections 3781.031
and 3781.19 of the Revised Code. An
adjudication order denying the
issuance of a license shall
specify
the reasons for that denial.
(F) The board of building standards shall not require the
submission of site preparation plans or plot plans to the
division
of industrial compliance
labor when industrialized units
are used
exclusively as one-, two-, or
three-family dwellings.
(G) Notwithstanding any procedures the
board establishes,
if
the agency having jurisdiction objects to any portion of
the plans
or specifications, the owner or
the owner's representative may
request the agency to issue conditional approval to
proceed
with
construction up to the point
of the objection.
Approval shall be
issued only when the objection
results from
conflicting
interpretations of the rules of the board
of building
standards
rather than the application of specific
technical
requirements of
the rules. Approval shall not be issued
where
the correction of
the objection would cause extensive
changes in
the building design
or construction. The giving of
conditional
approval is a
"conditional license" to proceed with
construction
up to the point
where the construction or materials
objected to by
the agency are
to be incorporated into the
building. No
construction shall
proceed beyond that point without
the prior
approval of the agency
or another agency that conducts
an
adjudication hearing relative
to the objection. The agency
having jurisdiction shall specify its
objections to the plans or
specifications, which is an
"adjudication order denying the
issuance of a license" and may be
appealed pursuant to sections
119.07 to 119.13 of the Revised Code
and as modified by sections
3781.031 and 3781.19 of the Revised
Code.
(H) A certified municipal, township, or county building
department
having jurisdiction, or the superintendent of the
division of
industrial compliance, as appropriate, shall review
any plans,
drawings, specifications, or data described in this
section
that are submitted to it or to the superintendent.
(I) No owner or persons having control as an officer, or
as
a
member of a board or committee, or otherwise, of a building to
which section 3781.06 of the Revised Code is applicable, and no
architect, designer, engineer, builder, contractor,
subcontractor,
or any officer or employee of a municipal,
township, or county
building
department shall violate
this section.
(J) Whoever violates this section shall be fined not more
than five hundred dollars.
Sec. 3791.05. No owner, lessee, agent, factor, architect, or
contractor
engaged in and having supervision or charge of the
building, erection, or
construction of a block, building, or
structure, shall neglect or refuse to
place or have placed upon
the joists of each story thereof, as soon as joists
are in
position, counter floors of such quality and strength as to render
perfectly safe the going to and from thereon of all mechanics,
laborers, and
other persons engaged upon the work of construction
or supervision, or in
placing materials for such construction.
Whoever violates this section shall be fined not less than
twenty-five nor
more than two hundred dollars.
Each day that such person neglects or refuses to have such
counter floors so
placed, after notice is given by a building
inspector, a chief inspector, or
deputy inspector of the city
building inspection department in cities where
such department is
organized, or by the superintendent of
the division of industrial
compliance labor of the state, in cities where such
departments
are
not organized, or
from a person whose life or personal safety
may be endangered by such neglect
or refusal, is a separate
offense.
Sec. 3791.07. (A) The board of building standards may
establish such reasonable inspection fee schedules as it
determines necessary or desirable relating to the inspection of
all plans and specifications submitted for approval to the
division of industrial compliance labor, and all industrialized
units
inspected at the point of origin and at the construction
site of
the building. The inspection fee schedule established
shall bear
some reasonable relationship to the cost of
administering and
enforcing the provisions of Chapters 3781. and
3791. of the
Revised Code.
(B) In addition to the fee assessed in division (A) of
this
section, the board shall assess a fee of not more than five
dollars for each application for acceptance and approval of plans
and specifications and for making inspections pursuant to section
3791.04 of the Revised Code. The board shall adopt rules, in
accordance with Chapter 119. of the Revised Code, specifying the
manner by which the superintendent of the division of
industrial
compliance labor shall collect and remit to the board the
fees
assessed
under this division and requiring that remittance of the
fees be
made at least quarterly.
(C) Any person who fails to pay an inspection fee required
for any inspection conducted by the department of commerce
pursuant to
Chapters
3781. and 3791. of the Revised
Code, except
for fees charged for the inspection of plans and
specifications,
within forty-five days after the inspection is
conducted, shall
pay a late payment fee equal to
twenty-five per
cent of the
inspection fee.
(D) The board shall pay the fees assessed under this
section
into the state treasury to the credit of the
industrial
compliance
labor operating fund created in section
121.084 of the Revised
Code.
Sec. 3793.02. (A) The department of alcohol and drug
addiction services shall promote, assist in developing, and
coordinate or conduct programs of education and research for the
prevention of alcohol and drug addiction, the prevention of
gambling addiction, the treatment,
including intervention, of
alcoholics and persons who abuse drugs
of abuse, including
anabolic steroids, and the treatment, including intervention, of
persons with gambling addictions. Programs established by
the
department shall include abstinence-based prevention and
treatment
programs.
(B) In addition to the other duties prescribed by this
chapter, the department shall do all of the following:
(1) Promote and coordinate efforts in the provision of
alcohol and drug addiction services and of gambling addiction
services by other state agencies, as
defined in section 1.60 of
the Revised Code; courts; hospitals;
clinics; physicians in
private practice; public health
authorities; boards of alcohol,
drug addiction, and mental health
services; alcohol and drug
addiction programs; law enforcement
agencies; gambling addiction
programs; and related groups;
(2) Provide for education and training in prevention,
diagnosis, treatment, and control of alcohol and drug addiction
and of gambling addiction
for medical students, physicians,
nurses, social workers,
professional counselors, psychologists,
and other persons who
provide alcohol and drug addiction services
or gambling addiction services;
(3) Provide training and consultation for persons who
supervise alcohol and drug addiction programs and facilities or
gambling addiction programs and facilities;
(4) Develop measures for evaluating the effectiveness of
alcohol and drug addiction services, including services that use
methadone treatment, and of gambling addiction services, and for
increasing the accountability of
alcohol and drug addiction
programs and of gambling addiction programs;
(5) Provide to each court of record, and biennially
update,
a
list of the treatment and education programs within
that court's
jurisdiction that the court may require an offender,
sentenced
pursuant to
section
4511.19 of the
Revised
Code, to attend;
(6) Print and distribute Make the warning sign described in
sections 3313.752, 3345.41, and 3707.50 of the Revised Code
available on the department's internet web site;
(7) Provide a program of gambling addiction services on
behalf of the state lottery commission, pursuant to an agreement
entered into with the director of the commission under division
(K) of section 3770.02 of the Revised Code.
(C) The department may accept and administer grants from
public or private sources for carrying out any of the duties
enumerated in this section.
(D) Pursuant to Chapter 119. of the Revised Code, the
department shall adopt a rule defining the term "intervention" as
it is used in this chapter in connection with alcohol and drug
addiction services and in connection with gambling addiction
services. The department may adopt other rules as
necessary to
implement the requirements of this chapter.
Sec. 3793.04. The department of alcohol and drug addiction
services shall develop, administer, and revise as necessary a
comprehensive statewide alcohol and drug addiction services plan
for the implementation of this chapter. The plan shall emphasize
abstinence from the use of alcohol and drugs of abuse as the
primary goal of alcohol and drug addiction services. The council
on alcohol and drug addiction services shall advise the
department
in the development and implementation of the plan.
The plan shall provide for the allocation of state and
federal funds for service furnished by alcohol and drug addiction
programs under contract with boards of alcohol, drug addiction,
and mental health services and for distribution of the funds to
such boards. The plan shall specify the methodology that the
department will use for determining how funds will be allocated
and distributed. A portion of the funds shall be allocated on
the
basis of the ratio of the population of each alcohol, drug
addiction, and mental health service district to the total
population of the state as determined from the most recent
federal
census or the most recent official estimate made by the
United
States census bureau.
The plan shall ensure that alcohol and drug addiction
services of a high quality are accessible to, and responsive to
the needs of, all persons, especially those who are members of
underserved groups, including, but not limited to, African
Americans, Hispanics, native Americans, Asians, juvenile and
adult
offenders, women, and persons with special services needs
due to
age or disability. The plan shall include a program to
promote and
protect the rights of those who receive services.
To aid in formulating the plan and in evaluating the
effectiveness and results of alcohol and drug addiction services,
the department, in consultation with the department of mental
health, shall establish and maintain an information system or
systems. The
department of alcohol and drug addiction services
shall specify
the information that must be provided by boards of
alcohol, drug
addiction, and mental health services and by alcohol
and drug
addiction programs for inclusion in the system. The
department
shall not collect any personal information for the
purpose of identifying
by name any person who receives a service
through a board, from the boards except
as required or permitted
by the state or federal law to validate appropriate
reimbursement
for purposes related to payment, health care operations, program
and service evaluation, reporting activities, research, system
administration, and oversight.
In consultation with boards, programs, and persons
receiving
services, the department shall establish guidelines for
the use of
state and federal funds and for the boards'
development of plans
for services required by sections 340.033
and 3793.05 of the
Revised Code.
In any fiscal year, the department shall spend, or allocate
to boards, for methadone maintenance programs or any similar
programs not more than eight per cent of the total amount
appropriated to the department for the fiscal year.
Sec. 3793.21. (A) The department of alcohol and drug
addiction
services shall annually establish a limit on the amount
or
portion of state and
federal funds provided by the department
to
boards of alcohol,
drug addiction, and mental health services
that may be used for a
board's administrative functions. The
department may deny state or
federal funds to a board that
exceeds the limit established by the department. Administrative
functions for which funds may be provided may
include continuous
quality improvement, utilization review,
resource development,
fiscal administration, general
administration, and any other
administrative function required by
Chapter 340. of the Revised
Code.
(B) Any state or federal funds used for board administrative
functions shall be from the funds allocated by the department to
the boards according to the methodology specified by the
department under the plan described in section 3793.04 of the
Revised Code.
(C) The director of alcohol and drug addiction services may
waive
the limit described by this section for a board of alcohol,
drug
addiction, and mental health services if, based on the
board's prior written request, the director
determines
that an
exception to the limit is warranted.
(D) Each board shall submit an annual report to the
department
detailing its use of state and federal funds for the
administrative functions of the board.
Sec. 3901.3812. (A) If, after completion of an examination
involving information collected from a six-month period, the
superintendent finds that a third-party payer has committed a
series of violations that, taken together, constitutes a
consistent pattern or practice of violating division (A) of
section 3901.3811 of the Revised Code, the superintendent may
impose on the third-party payer any of the administrative remedies
specified in division (B) of this section. In making a finding
under this division, the superintendent shall apply the error
tolerance
standards for claims processing contained in the market
conduct examiners handbook issued by the national association of
insurance
commissioners in effect at the time the claims were
processed.
Before imposing an administrative remedy, the superintendent
shall provide written notice to the third-party payer informing
the third-party payer of the reasons for the superintendent's
finding, the administrative remedy the superintendent proposes to
impose, and the opportunity to submit a written request for an
administrative hearing regarding the finding and proposed remedy.
If the third-party payer requests a hearing, the superintendent
shall conduct the hearing in accordance with Chapter 119. of the
Revised Code not later than fifteen days after receipt of the
request.
(B)(1) In imposing administrative remedies under division
(A)
of this section for violations of section 3901.381 of the
Revised
Code, the superintendent may do any of the
following:
(a) Levy a monetary penalty in an amount determined in
accordance with division (B)(3) of this section;
(b) Order the payment of interest directly to the provider
in
accordance with section 3901.389 of the Revised Code;
(c) Order the third-party payer to cease and desist from
engaging in the violations;
(d) If a monetary penalty is not levied under division
(B)(1)(a) of this section, impose any of the administrative
remedies provided for in section 3901.22 of the Revised Code,
other than those specified in divisions (D)(4) and (5) and (G) of
that
section.
(2)
In imposing administrative remedies under division (A)
of this section for violations of sections 3901.384 to 3901.3810
of the Revised Code, the superintendent may do any of the
following:
(a) Levy a monetary penalty in an amount determined in
accordance with division (B)(3) of this section;
(b) Order the payment of interest directly to the provider
in
accordance with section 3901.38 of the Revised Code;
(c) Order the third-party payer to cease and desist from
engaging in the violations;
(d) If a monetary penalty is not levied under division
(B)(2)(a) of this section, impose any of the administrative
remedies provided for in section 3901.22 of the Revised Code,
other than those specified in divisions (D)(4) and (5) and (G) of
that section. For violations of sections 3901.384 to 3901.3810 of
the Revised Code that did not comply with section 3901.381 of the
Revised Code, the superintendent may also use section 3901.22 of
the Revised Code except divisions (D)(4) and (5) of that section.
(3) A finding by the superintendent that a third-party payer
has committed a series of
violations that, taken together,
constitutes a consistent pattern or practice of violating division
(A) of section 3901.3811 of the Revised Code, shall constitute a
single offense for purposes of levying a fine under division
(B)(1)(a) and (B)(2)(a) of this section. For
a first offense, the
superintendent may levy a fine of not more
than one hundred
thousand dollars. For a second offense that
occurs on or earlier
than four years from the first offense, the
superintendent may
levy a fine of not more than one hundred fifty thousand dollars.
For a third
or additional offense that occurs on or earlier than
seven years
after a first offense, the superintendent may levy a
fine of not more than three hundred
thousand dollars. In
determining the amount of a fine to be
levied within the specified
limits, the superintendent shall
consider the following factors:
(a) The extent and frequency of the violations;
(b) Whether the violations were due to circumstances beyond
the third-party payer's control;
(c) Any remedial actions taken by the third-party payer to
prevent future violations;
(d) The actual or potential harm to others resulting from
the
violations;
(e) If the third-party payer knowingly and willingly
committed the violations;
(f) The third-party payer's financial condition;
(g) Any other factors the superintendent considers
appropriate.
(C) The remedies imposed by the superintendent under
this
section
are in
addition to, and
not
in lieu of, such other
remedies as
providers
and beneficiaries may otherwise
have by law.
(D)
Any fine collected under this section shall be paid into
the
state treasury as follows:
(1) Twenty-five per cent of the total to the credit of the
department of insurance
operating fund
created by section 3901.021
of the Revised Code;
(2) Sixty-five per cent of the total to the credit of the
general revenue fund;
(3) Ten per cent of the total to the credit of claims
processing education fund account, which is hereby created within
the department of insurance operating fund created by section
3901.021 of the Revised Code.
All money credited to the claims processing education fund
account
shall be used by the department of insurance to make
technical
assistance available to third-party payers, providers,
and
beneficiaries for effective implementation of the provisions
of
sections 3901.38 and 3901.381 to 3901.3814 of the Revised Code.
Sec. 3923.021. (A) As used in this section, "benefits:
(1) "Benefits
provided are not unreasonable in relation to
the premium charged"
means the rates were calculated in accordance
with sound
actuarial principles.
(2) "Individual policy of sickness and accident insurance"
includes sickness and accident insurance made available by
insurers in the individual market to individuals, with or without
family members or dependents, through group policies issued to one
or more associations or entities.
(B) With respect to any filing, made pursuant to section
3923.02 of the Revised Code, of any premium rates for any
individual policy of sickness and accident insurance or
certificates made available by an insurer to individuals in the
individual market through a group policy or for any
indorsement or
rider pertaining thereto, the superintendent of
insurance may,
within thirty days after filing:
(1) Disapprove such filing after finding that the
benefits
provided are unreasonable in relation to the premium charged.
Such disapproval shall be effected by written order of the
superintendent, a copy of which shall be mailed to the insurer
that has made the filing. In the order, the superintendent shall
specify the reasons for the disapproval and state that a
hearing
will be held within fifteen days after requested in writing by
the
insurer. If a hearing is so requested, the superintendent
shall
also give such public notice as the superintendent
considers
appropriate.
The superintendent, within fifteen days after the
commencement of
any hearing, shall issue a written order, a copy
of which shall
be mailed to the insurer that has made the filing,
either
affirming the prior disapproval or approving such filing
after finding that the benefits provided are not unreasonable
in
relation
to the premium charged.
(2) Set a date for a public hearing to commence no later
than
forty days after the filing. The superintendent shall give
the
insurer making the filing twenty days' written notice of the
hearing and shall give such public notice as the
superintendent
considers
appropriate. The superintendent, within twenty days
after the
commencement of a hearing, shall issue a written order,
a copy of
which shall be mailed to the insurer that has made the
filing,
either approving such filing if the superintendent finds
that
the benefits
provided are not unreasonable in relation to the
premium charged,
or disapproving such filing if the superintendent
finds that
the benefits
provided are unreasonable in relation to
the premium charged.
This division does not apply to any insurer
organized or
transacting the business of insurance under Chapter
3907. or
3909. of the Revised Code.
(3) Take no action, in which case such filing shall be
deemed
to be approved and shall become effective upon the
thirty-first
day after such filing, unless the superintendent has
previously
given to the insurer a written approval.
(C) At any time after any filing has been approved
pursuant
to this section, the superintendent may, after a hearing
of which
at least twenty days' written notice has been given to
the insurer
that has made such filing and for which such public
notice as the
superintendent considers appropriate has been
given, withdraw
approval of such filing after finding that the
benefits provided
are unreasonable in relation to the premium charged. Such
withdrawal of approval shall be effected by written order of the
superintendent, a copy of which shall be mailed to the insurer
that has made the filing, which shall state the ground for such
withdrawal and the date, not less than forty days after the date
of such order, when the withdrawal or approval shall become
effective.
(D) The superintendent may retain at the insurer's expense
such attorneys, actuaries, accountants, and other experts not
otherwise a part of the superintendent's staff as shall be
reasonably necessary to assist in the preparation for and conduct
of any public hearing under this section. The expense for
retaining such experts and the expenses of the department of
insurance incurred in connection with such public hearing shall
be
assessed against the insurer in an amount not to exceed one
one-hundredth of one per cent of the sum of premiums earned plus
net realized investment gain or loss of such insurer as reflected
in the most current annual statement on file with the
superintendent. Any person retained shall be under the direction
and control of the superintendent and shall act in a purely
advisory capacity.
Sec. 3923.022. (A) As used in this section:
(1)(a) "Administrative expense" means the amount resulting
from the following: the amount of premiums received earned by the
insurer for sickness and accident insurance business plus the
amount of losses recovered from reinsurance coverage minus the
sum
of the amount of claims for losses paid; the amount of losses
incurred but not reported; the amount paid incurred for state
fees,
federal and state taxes, and reinsurance; and the incurred
costs and
expenses related, either directly or indirectly, to the
payment
of commissions, measures to control fraud, and managed
care.
(b) "Administrative expense" does not include any amounts
collected, or administrative expenses incurred, by an insurer for
the administration of an employee health benefit plan subject to
regulation by the federal "Employee Retirement Income Security
Act
of 1974," 88 Stat. 832, 29 U.S.C.A. 1001, as amended.
"Amounts
collected or administrative expenses incurred" means the
total
amount paid to an administrator for the administration and
payment
of claims minus the sum of the amount of claims for
losses paid
and the amount of losses incurred but not reported.
(2) "Insurer" means any insurance company authorized under
Title XXXIX of the Revised Code to do the business of sickness
and
accident insurance in this state.
(3) "Sickness and accident insurance business" does not
include coverage provided by an insurer for specific diseases or
accidents only; any hospital indemnity, medicare supplement,
long-term care, disability income, one-time-limited-duration
policy of no longer than six months, or other policy that offers
only supplemental benefits; or coverage provided to individuals
who are not residents of this state.
(4) "Individual business" includes both individual sickness
and accident insurance and sickness and accident insurance made
available by insurers in the individual market to individuals,
with or without family members or dependents, through group
policies issued to one or more associations or entities.
(B) Notwithstanding section 3941.14 of the Revised Code,
the
following apply to every insurer:
(1) For calendar year 1993, each insurer shall have
aggregate
administrative expenses of no more than forty per cent
of the
premium income of the insurer, based on the premiums
received in
that year on the sickness and accident insurance
business of the
insurer.
(2) For calendar year 1994, each insurer shall have
aggregate
administrative expenses of no more than thirty per cent
of the
premium income of the insurer, based on the premiums
received in
that year on the sickness and accident insurance
business of the
insurer.
(3) For calendar year 1995, each insurer shall have
aggregate
administrative expenses of no more than twenty-five per
cent of
the premium income of the insurer, based on the premiums
received
in that year on the sickness and accident insurance
business of
the insurer.
(4) For calendar year 1996 and every calendar year
thereafter, each insurer shall have aggregate administrative
expenses of no more than twenty per cent of the premium income of
the insurer, based on the premiums received earned in that year on
the
sickness and accident insurance business of the insurer.
(C)(1) Each insurer, on the first day of January or within
sixty days thereafter, shall annually prepare, under oath, and
deposit in the office of the superintendent of insurance a
statement of the aggregate administrative expenses of the
insurer,
based on the premiums received earned in the immediately
preceding
calendar year on the sickness and accident insurance
business of
the insurer. The statement shall itemize and separately detail all
of the following information with respect to the insurer's
sickness and accident insurance business:
(a) The amount of premiums earned by the insurer both before
and after any costs related to the insurer's purchase of
reinsurance coverage;
(b) The total amount of claims for losses paid by the insurer
both before and after any reimbursement from reinsurance coverage;
(c) The amount of any losses incurred by the insurer but not
reported by the insurer in the current or prior year;
(d) The amount of costs incurred by the insurer for state
fees and federal and state taxes;
(e) The amount of costs incurred by the insurer for
reinsurance coverage;
(f) The amount of costs incurred by the insurer that are
related to the insurer's payment of commissions;
(g) The amount of costs incurred by the insurer that are
related to the insurer's fraud prevention measures;
(h) The amount of costs incurred by the insurer that are
related to managed care; and
(i) Any other administrative expenses incurred by the
insurer.
(2) The statement also shall include all of the information
required under division (C)(1) of this section separately detailed
for the insurer's individual business, small group business, and
large group business.
(D) No insurer shall fail to comply with division (B) of
this
section.
(E) If the superintendent determines that an insurer has
violated division (D) of this section, the superintendent,
pursuant to an adjudication conducted in accordance with Chapter
119. of the Revised Code, may order the suspension of the
insurer's license to do the business of sickness and accident
insurance in this state until the superintendent is satisfied
that
the insurer is in compliance with division (B) of this
section. If
the insurer continues to do the business of sickness
and accident
insurance in this state while under the suspension
order, the
superintendent shall order the insurer to pay one
thousand dollars
for each day of the violation.
(F) Any money collected by the superintendent under
division
(E) of this section shall be deposited by him the superintendent
into the
state treasury to the credit of the department of
insurance
operating fund.
Sec. 3923.122. (A) Every policy of group sickness and
accident insurance providing hospital, surgical, or medical
expense coverage for other than specific diseases or accidents
only, and delivered, issued for delivery, or renewed in this
state
on or after January 1, 1976, shall include a provision
giving each
insured the option to convert to the following:
(1) In the case of an individual who is not a
federally
eligible individual, any of the
individual policies of hospital,
surgical, or medical expense
insurance then being issued by the
insurer with benefit limits
not to exceed those in effect under
the group policy;
(2) In the case of a federally eligible individual, a basic
or standard
plan established by the board of directors of the Ohio
health
reinsurance program in accordance with section 3924.10 of
the Revised Code or plans substantially similar to the basic
and
standard plan in benefit design and scope of covered
services. For
purposes of division (A)(2) of this section, the
superintendent of
insurance shall determine whether a plan is
substantially similar
to the basic or standard plan in benefit
design and scope of
covered services.
(B) An option for conversion to an individual policy shall
be
available without evidence of insurability to every insured,
including any person eligible under division (D) of this section,
who terminates employment or membership in the group holding
the
policy after having been continuously insured thereunder for
at
least one year.
Upon receipt of the insured's written application and upon
payment of at least the first quarterly premium not later than
thirty-one days after the termination of coverage under the group
policy, the insurer shall issue a converted policy on a form then
available for conversion. The premium shall be in accordance
with
the insurer's table of premium rates in effect on the later
of the
following dates:
(1) The effective date of the converted policy;
(2) The date of application therefor; and shall be applicable
to the class of
risk to which each person
covered belongs and to
the form and amount of the policy at the
person's
then attained
age. However, premiums charged federally eligible
individuals may
not exceed an amount that is two one and one-half
times the
midpoint of the standard base rate charged any other
individual of
a group to which the insurer is currently
accepting new business
and for which similar copayments and
deductibles are applied.
At the election of the insurer, a separate converted policy
may be issued to cover any dependent of an employee or member of
the group.
Except as provided in division (H) of this section, any
converted policy shall become effective as of the day following
the date of termination of insurance under the group policy.
Any probationary or waiting period set forth in the
converted
policy is deemed to commence on the effective date of
the
insured's coverage under the group policy.
(C) No insurer shall be required to issue a converted
policy
to any person who is, or is eligible to be, covered for
benefits
at least comparable to the group policy under:
(1) Title XVIII of the Social Security Act, as amended or
superseded;
(2) Any act of congress or law under this or any other
state
of the United States that duplicates coverage offered under
division (C)(1) of this section;
(3) Any policy that duplicates coverage offered under
division (C)(1) of this section;
(4) Any other group sickness and accident insurance
providing
hospital, surgical, or medical expense coverage for
other than
specific diseases or accidents only.
(D) The option for conversion shall be available:
(1) Upon the death of the employee or member, to the
surviving spouse with respect to such of the spouse and
dependents
as are then covered by the group policy;
(2) To a child solely with respect to the child upon
attaining the limiting age of coverage under the group policy
while covered as a dependent thereunder;
(3) Upon the divorce, dissolution, or annulment of the
marriage of the employee or member, to the divorced spouse, or
former spouse in the event of annulment, of such employee or
member, or upon the legal separation of the spouse from such
employee or member, to the spouse.
Persons possessing the option for conversion pursuant to
this
division shall be considered members for the purposes of
division
(H) of this section.
(E) If coverage is continued under a group policy on an
employee following retirement prior to the time the
employee is,
or is
eligible to be, covered by Title XVIII of the Social
Security
Act, the employee may elect, in lieu of the continuance
of
group insurance,
to have the same conversion rights as would
apply had the
employee's
insurance terminated at retirement by
reason of termination of
employment.
(F) If the insurer and the group policyholder agree upon
one
or more additional plans of benefits to be available for
converted
policies, the applicant for the converted policy may
elect such a
plan in lieu of a converted policy.
(G) The converted policy may contain provisions for
avoiding
duplication of benefits provided pursuant to divisions
(C)(1),
(2), (3), and (4) of this section or provided under any
other
insured or noninsured plan or program.
(H) If an employee or member becomes entitled to obtain a
converted policy pursuant to this section, and if the employee or
member has not received notice of the conversion privilege at
least fifteen days prior to the expiration of the thirty-one-day
conversion period provided in division (B) of this section, then
the employee or member has an additional period within which to
exercise the privilege. This additional period shall expire
fifteen days after the employee or member receives notice, but in
no event shall the period extend beyond sixty days after the
expiration of the thirty-one-day conversion period.
Written notice presented to the employee or member, or
mailed
by the policyholder to the last known address of the
employee or
member as indicated on its records, constitutes
notice for the
purpose of this division. In the case of a person
who is eligible
for a converted policy under division (D)(2) or
(D)(3) of this
section, a policyholder shall not be responsible
for presenting or
mailing such notice, unless such policyholder
has actual knowledge
of the person's eligibility for a converted
policy.
If an additional period is allowed by an employee or member
for the exercise of a conversion privilege, and if written
application for the converted policy, accompanied by at least the
first quarterly premium, is made after the expiration of the
thirty-one-day conversion period, but within the additional
period
allowed an employee or member in accordance with this
division,
the effective date of the converted policy shall be the
date of
application.
(I) The converted policy may provide
that any hospital,
surgical, or medical expense
benefits otherwise payable with
respect to any person may be
reduced by the amount of any such
benefits payable under the
group policy for the same loss after
termination of coverage.
(J) The converted policy may contain:
(1) Any exclusion, reduction, or limitation contained in
the
group policy or customarily used in individual policies
issued by
the insurer;
(2) Any provision permitted in this section;
(3) Any other provision not prohibited by law.
Any provision required or permitted in this section may be
made a part of any converted policy by means of an endorsement or
rider.
(K) The time limit specified in a converted policy for
certain defenses with respect to any person who was covered by a
group policy shall commence on the effective date of such
person's
coverage under the group policy.
(L) No insurer shall use deterioration of health as the
basis
for refusing to renew a converted policy.
(M) No insurer shall use age or health status as the basis
for refusing to
renew a converted policy.
(N) A converted policy made available pursuant to this
section shall, if delivery of the policy is to be made in this
state, comply with this section. If delivery of a converted
policy
is to be made in another state, it may be on a form
offered by the
insurer in the jurisdiction where the delivery is
to be made and
which provides benefits substantially in
compliance with those
required in a policy delivered in this
state.
(O) As used in this
section, "federally:
(1) "Base rate" means, as to any health benefit plan that is
issued by an insurer in the individual market, the lowest premium
rate for new or existing business prescribed by the insurer for
the same or similar coverage under a plan or arrangement covering
any individual with similar case characteristics.
(2) "Federally eligible individual" means an eligible
individual as defined in 45
C.F.R.
148.103.
Sec. 3923.24. Every (A) Notwithstanding section 3901.71 of
the Revised Code every certificate furnished by an insurer in
connection with, or pursuant to any provision of, any group
sickness and accident insurance policy delivered, issued for
delivery, renewed, or used in this state on or after January 1,
1972, and every policy of sickness and accident insurance
delivered, issued for delivery, renewed, or used in this state on
or after January 1, 1972, which provides that coverage of an
unmarried dependent child of a parent or legal guardian will
terminate upon attainment of the
limiting age for dependent
children specified in the contract
shall also provide in substance
that both of the following:
(1) That the limiting age shall not be less than twenty-nine
years
of age if all of the following are true:
(a) The child is a resident of this state or a full-time
student at
an accredited public or private institution of higher
education.
(b) Neither the child nor any spouse of the child is employed
by an employer that offers any health benefit plan under which the
child is eligible for coverage.
(c) The child is not eligible for coverage under the medicaid
program established under Chapter 5111. of the Revised Code or the
medicare program established under Title XVIII of the "Social
Security Act," 42 U.S.C. 1395.
(2) That attainment of such limiting
age shall not operate to
terminate the coverage of such child if
the child is and continues
to be both of the following:
(A)(a) Incapable of self-sustaining employment by reason of
mental retardation or physical handicap;
(B)(b) Primarily dependent upon the policyholder or
certificate holder for support and maintenance.
(B) Proof of such incapacity and dependence shall be
furnished
by the policyholder or by the certificate holder to the
insurer
within thirty-one days of the child's attainment of the
limiting
age. Upon request, but not more frequently than annually
after
the two-year period following the child's attainment of the
limiting age, the insurer may require proof satisfactory to it of
the continuance of such incapacity and dependency.
(C) Nothing in this section shall require an insurer to cover
a
dependent child who is mentally retarded or physically
handicapped if the contract is underwritten on evidence of
insurability based on health factors set forth in the
application,
or if such dependent child does not satisfy the
conditions of the
contract as to any requirement for evidence of
insurability or
other provision of the contract, satisfaction of
which is required
for coverage thereunder to take effect. In any
such case, the
terms of the contract shall apply with regard to
the coverage or
exclusion of the dependent from such coverage.
Nothing in this
section shall apply to accidental death or
dismemberment benefits
provided by any such policy of sickness
and accident insurance.
(D) Nothing in this section shall require an insurer to cover
a dependent child's spouse or children as dependents on the policy
of the parent or legal guardian of the dependent.
(E)
This section does not apply to any policies or
certificates covering only accident, credit, dental, disability
income, long-term care, hospital indemnity, medicare supplement,
specified disease, or vision care; coverage under a
one-time-limited-duration policy of not longer than six months;
coverage issued as a supplement to liability insurance; insurance
arising out of a workers' compensation or similar law; automobile
medical-payment insurance; or insurance under which benefits are
payable with or without regard to fault and that is statutorily
required to be contained in any liability insurance policy or
equivalent self-insurance.
(F)
A sickness and accident insurer that offers
employer-sponsored group policies shall separately identify any
additional premium costs for coverage of dependent children who
are not described in division (A)(2) of this section and are
either nineteen to twenty-three years of age and are not
full-time students or are twenty-four years of age or older.
Nothing in this section shall
be construed to require an employer
to offer coverage to the
dependents of any employee.
(G) As used in this section, "health benefit plan" has the
same meaning as in section 3924.01 of the Revised Code and also
includes both
of the following:
(1) A public employee benefit plan;
(2) A health benefit plan as regulated under the "Employee
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.
Sec. 3923.241. (A) Notwithstanding section 3901.71 of the
Revised Code, any public employee benefit plan that provides that
coverage of an unmarried
dependent child will terminate upon
attainment of the limiting
age for dependent children specified in
the plan shall also provide in substance both of the following:
(1) That the limiting age shall not be less than twenty-nine
years
of age if all of the following are true:
(a) The child is a resident of this state or a full-time
student at
an accredited public or private institution of higher
education.
(b) Neither the child nor any spouse of the child is employed
by an employer that offers any health benefit plan under which the
child is eligible for coverage.
(c) The child is not eligible for coverage under the medicaid
program established under Chapter 5111. of the Revised Code or the
medicare program established under Title XVIII of the "Social
Security Act," 42 U.S.C. 1395.
(2) That attainment of
the limiting age shall not operate to
terminate the coverage of
the child if the child is and continues
to be both of the following:
(a) Incapable of self-sustaining employment by reason of
mental retardation or physical handicap;
(b) Primarily dependent upon the plan member for support
and
maintenance.
(B) Proof of incapacity and dependence for purposes of
division
(A) of this section shall be furnished to the public
employee benefit plan within thirty-one
days of the child's
attainment of the limiting age. Upon
request, but not more
frequently than annually, the public employee benefit plan may
require proof satisfactory to it of the
continuance of such
incapacity and dependency.
(C) Nothing in this section shall require a public employee
benefit plan to cover a dependent child's spouse or children as
dependents on the public employee benefit plan of the parent or
legal guardian of the dependent.
(D)
This section does not apply to any public employee
benefit plan covering only accident, credit, dental, disability
income, long-term care, hospital indemnity, medicare supplement,
specified disease, or vision care; coverage under a
one-time-limited-duration policy of not longer than six months;
coverage issued as a supplement to liability insurance; insurance
arising out of a workers' compensation or similar law; automobile
medical-payment insurance; or insurance under which benefits are
payable with or without regard to fault and which is statutorily
required to be contained in any liability insurance policy or
equivalent self-insurance.
(E)
A public employee benefit plan shall separately identify
any additional premium costs for coverage of dependent children
who are not described in division (A)(2) of this section and are
either nineteen to twenty-three years of age and are not full-time
students or are twenty-four years of age or older. Nothing in this
section shall
be construed to require an employer to offer
coverage to the
dependents of any employee.
(F) As used in this section, "health benefit plan" has the
same meaning as in section 3924.01 of the Revised Code and also
includes both
of the following:
(1) A public employee benefit plan;
(2) A health benefit plan as regulated under the "Employee
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.
Sec. 3923.38. (A) As used in this section:
(1) "Group policy" includes any group sickness and
accident
policy or contract delivered, issued for delivery, or
renewed in
this state on or after June 28, 1984, and any private
or public
employer self-insurance plan or other plan that
provides, or
provides payment for, health care benefits for
employees resident
in this state other than through an insurer
or
health insuring
corporation, to
which both of the following apply:
(a) The policy insures employees for hospital, surgical,
or
major medical insurance on an expense incurred or service
basis,
other than for specified diseases or for accidental
injuries only.
(b) The policy is in effect and covers an eligible
employee
at the time the employee's employment is terminated.
(2) "Eligible employee" includes only an employee to whom
all
of the following apply:
(a) The employee has been continuously insured under a
group
policy or under the policy and any prior similar group
coverage
replaced by the policy, during the entire three-month
period
preceding the termination of the employee's employment.
(b) The employee is entitled, at the time of the
termination
of the employee's employment, to unemployment
compensation
benefits under Chapter 4141. of the Revised Code The employee's
termination of employment is not a result of any gross misconduct
on the part of the employee.
(c) The employee is not, and does not become, covered by
or
eligible for coverage by medicare under Title XVIII of the
Social
Security Act, as amended.
(d) The employee is not, and does not become, covered by
or
eligible for coverage by any other insured or uninsured
arrangement that provides hospital, surgical, or medical coverage
for individuals in a group and under which the person was not
covered immediately prior to such termination. A person eligible
for continuation of coverage under this section, who is also
eligible for coverage under section 3923.123 of the Revised Code,
may elect either coverage, but not both. A person who elects
continuation of coverage may elect any coverage available under
section 3923.123 of the Revised Code upon the termination of the
continuation of coverage.
(3) "Group rate" means, in the case of an employer
self-insurance or other health benefits plan, the average monthly
cost per employee, over a period of at least twelve months, of
the
operation of the plan that would represent a group insurance
rate
if the same coverage had been provided under a group
sickness and
accident insurance policy.
(4) "Termination of employment" includes both voluntary and
involuntary termination of employment.
(B) A group policy shall provide that any eligible
employee
may continue the employee's hospital, surgical, and
medical
insurance under the policy, for the employee and the
employee's
eligible dependents, for a period of six months after
the date
that the insurance coverage would otherwise terminate by
reason of
the termination of the employee's employment.
Each certificate of
coverage, or other notice of coverage, issued to employees under
the policy shall include a notice of the employee's privilege of
continuation.
(C) All of the following apply to the continuation of
coverage required under division (B) of this section:
(1) Continuation need not include dental, vision care,
prescription drug benefits, or any other benefits provided under
the policy in addition to its hospital, surgical, or major
medical
benefits except for prescription drug services.
(2) The employer shall notify the employee of the right of
continuation at the time the employer notifies the employee of
the
termination of employment. The notice shall inform the
employee of
the amount of contribution required by the employer
under division
(C)(4) of this section.
(3) The employee shall file a written election of
continuation with the employer and pay the employer the first
contribution required under division (C)(4) of this section. The
request and payment must be received by the employer no later
than
the earlier of any of the following dates:
(a) Thirty-one days after the date on which the employee's
coverage would otherwise terminate;
(b) Ten days after the date on which the employee's
coverage
would otherwise terminate, if the employer has notified
the
employee of the right of continuation prior to such date;
(c) Ten days after the employer notifies the employee of
the
right of continuation, if the notice is given after the date
on
which the employee's coverage would otherwise terminate.
(4) The employee must pay to the employer, on a monthly
basis, in advance, the amount of contribution required by the
employer. The amount required shall not exceed the group rate
for
the insurance being continued under the policy on the due
date of
each payment.
(5) The employee's privilege to continue coverage and the
coverage under any continuation ceases if any of the following
occurs:
(a) The employee ceases to be an eligible employee under
division (A)(2)(c) or (d) of this section;
(b) A period of six twelve months expires after the date that
the
employee's insurance under the policy would otherwise have
terminated because of the termination of employment;
(c) The employee fails to make a timely payment of a
required
contribution, in which event the coverage shall cease at
the end
of the coverage for which contributions were made;
(d) The policy is terminated, or the employer terminates
participation under the policy, unless the employer replaces the
coverage by similar coverage under another group policy or other
group health arrangement.
If the employer replaces the policy with similar group
health
coverage, all of the following apply:
(i) The member shall be covered under the replacement
coverage, for the balance of the period that the member would
have
remained covered under the terminated coverage if it had not been
terminated.
(ii) The minimum level of benefits under the replacement
coverage shall be the applicable level of benefits of the policy
replaced reduced by any benefits payable under the policy
replaced.
(iii) The policy replaced shall continue to provide
benefits
to the extent of its accrued liabilities and extensions
of
benefits as if the replacement had not occurred.
(D) This section does not apply to an employer's
self-insurance plan if federal law supersedes, preempts,
prohibits, or otherwise precludes its application to such plans.
Sec. 3923.57. Notwithstanding any provision of this
chapter,
every individual policy of sickness and accident
insurance that is
delivered, issued for delivery, or renewed in
this state is
subject to the following conditions, as applicable:
(A) Pre-existing conditions provisions shall not exclude
or
limit coverage for a period beyond twelve months following the
policyholder's effective date of coverage and may only relate to
conditions during the six months immediately preceding the
effective date of coverage.
(B) In determining whether a pre-existing conditions
provision applies to a policyholder or dependent, each policy
shall credit the time the policyholder or dependent was covered
under a previous policy, contract, or plan
if the previous
coverage was continuous to a date not more than thirty sixty-three
days prior
to the effective date of the new coverage, exclusive of
any
applicable service waiting period under the policy.
(C)(1) Except as otherwise provided in
division (C) of this
section,
an insurer that provides an individual sickness and
accident
insurance policy to an individual shall renew or continue
in
force such coverage at the option of the individual.
(2) An insurer may nonrenew or discontinue coverage of
an
individual in the individual market based only on one or more
of
the following reasons:
(a) The individual failed to pay premiums or
contributions in
accordance with the terms of the policy or the
insurer has not
received timely premium payments.
(b) The individual performed an act or practice
that
constitutes fraud or made an intentional misrepresentation
of
material fact under the terms of the policy.
(c) The insurer is ceasing to offer coverage in
the
individual market in accordance with division
(D) of this section
and the
applicable laws of this state.
(d) If the insurer offers coverage in the
market through a
network plan, the individual no longer resides,
lives, or works in
the service area, or in an area for which the
insurer is
authorized to do business; provided, however, that
such coverage
is terminated uniformly without regard to any
health
status-related factor of covered individuals.
(e) If the coverage is made available in the
individual
market only through one or more bona fide
associations, the
membership of the individual in the
association, on the basis of
which the coverage is provided,
ceases; provided, however, that
such coverage is terminated
under division
(C)(2)(e)
of this
section uniformly without regard to any health
status-related
factor of covered individuals.
An insurer offering coverage to individuals solely through
membership in a
bona fide association shall not be deemed, by
virtue of that offering, to be
in the individual market for
purposes of sections 3923.58 and 3923.581 of the
Revised Code.
Such an insurer shall not be required to
accept
applicants for
coverage in the individual market pursuant to sections 3923.58
and
3923.581 of the Revised Code unless the insurer also
offers
coverage to individuals other than through bona fide associations.
(3) An insurer may cancel or decide not to renew the coverage
of a
dependent of an individual if the dependent has performed an
act or practice
that constitutes fraud or made an intentional
misrepresentation of material
fact under the terms of the coverage
and if the cancellation or
nonrenewal is not based, either
directly or indirectly, on any health
status-related factor in
relation to the dependent.
(D)(1) If an insurer decides to
discontinue offering a
particular type of health insurance
coverage offered in the
individual market, coverage of such type
may be discontinued by
the insurer if the insurer does all of
the following:
(a) Provides notice to each individual provided
coverage of
this type in such market of the discontinuation at
least ninety
days prior to the date of the discontinuation of
the coverage;
(b) Offers to each individual provided coverage
of this type
in such market, the option to purchase any other
individual health
insurance coverage currently being offered by
the insurer for
individuals in that market;
(c) In exercising the option to discontinue
coverage of this
type and in offering the option of coverage
under division
(D)(1)(b)
of this section, acts uniformly without regard to any
health status-related factor of covered individuals or of
individuals who may become eligible for such coverage.
(2) If an insurer elects to discontinue offering all
health
insurance coverage in the individual market in this
state, health
insurance coverage may be discontinued by the
insurer only if both
of the following apply:
(a) The insurer provides notice to the
department of
insurance and to each individual of the
discontinuation at least
one hundred eighty days prior to the
date of the expiration of the
coverage.
(b) All health insurance delivered or issued
for delivery in
this state in such market is discontinued and
coverage under that
health insurance in that market is not
renewed.
(3) In the event of a discontinuation under division
(D)(2)
of this section in the
individual market, the insurer shall not
provide for the
issuance of any health insurance coverage in the
market and this
state during the five-year period beginning on the
date of the
discontinuation of the last health insurance coverage
not so
renewed.
(E) Notwithstanding divisions (C)
and (D) of this section, an
insurer may, at the time of coverage renewal,
modify
the health
insurance coverage for a policy form offered to
individuals in the
individual market if the modification is
consistent with the law
of this state and effective on a uniform
basis among all
individuals with that policy form.
(F) Such policies are subject to sections 2743
and 2747 of
the "Health
Insurance
Portability and
Accountability
Act of 1996,"
Pub.
L.
No. 104-191, 110
Stat. 1955, 42
U.S.C.A.
300gg-43 and
300gg-47, as
amended.
(G) Sections 3924.031
and 3924.032 of the Revised
Code shall
apply to sickness
and accident insurance policies offered in the
individual market
in the same manner as they apply to health
benefit plans offered
in the small employer market.
In accordance with 45
C.F.R.
148.102, divisions (C) to
(G) of
this section also apply
to all group sickness and accident
insurance policies that are
not sold in connection with an
employment-related group health
plan and that provide more than
short-term, limited duration
coverage.
In applying divisions
(C) to
(G) of this section with
respect
to health insurance coverage that is made available by
an insurer
in the individual market to individuals only through
one or more
associations, the term "individual" includes the
association of
which the individual is a member.
For purposes of this section, any policy issued pursuant to
division
(C) of section 3923.13 of the
Revised Code
in connection
with a public or private college or university student health
insurance program is considered to be issued to a bona fide
association.
As used in this section, "bona fide association" has
the same
meaning as in section 3924.03 of the
Revised
Code, and "health
status-related factor" and "network plan"
have the same meanings
as in
section 3924.031 of the Revised
Code.
This section does not apply to any policy that provides
coverage for specific diseases or accidents only, or to any
hospital indemnity, medicare supplement, long-term care,
disability income, one-time-limited-duration policy of no longer
than six months, or other policy that offers only supplemental
benefits.
Sec. 3923.58. (A) As used in sections 3923.58 and 3923.59
of
the Revised Code:
(1) "Health "Base rate" means, as to any health benefit plan
that is issued by an insurer in the individual market, the lowest
premium rate for new or existing business prescribed by the
insurer for the same or similar coverage under a plan or
arrangement covering any individual with similar case
characteristics.
(2) "Carrier," "health benefit plan," and "MEWA" have the
same meanings as in section
3924.01 of the Revised Code.
(2)(3) "Insurer" means any sickness and accident insurance
company authorized to do business in
this state,
or MEWA
authorized to issue insured health benefit plans in this
state.
"Insurer" does not include any health insuring corporation that
is
owned or operated by an
insurer.
(3)(4) "Ohio health care basic and standard plans" means
those plans established under section 3924.10 of the Revised Code.
(5) "Pre-existing
conditions provision" means a policy
provision that excludes or limits coverage for charges or
expenses
incurred during a specified period following the
insured's
effective date of coverage as to a condition which,
during a
specified period immediately preceding the effective
date of
coverage, had manifested itself in such a manner as
would cause an
ordinarily prudent person to seek medical advice,
diagnosis, care,
or treatment or for which medical advice,
diagnosis, care, or
treatment was recommended or received, or a
pregnancy existing on
the effective date of coverage.
(B) Beginning in January of each year, insurers
in the
business of issuing individual policies of sickness
and accident
insurance as contemplated by section 3923.021 of
the Revised
Code,
except individual
policies issued pursuant to section 3923.122 of
the
Revised
Code,
shall
accept applicants for open enrollment
coverage, as set forth in
this division, in the
order in which
they apply for coverage and subject to the limitation set forth
in
division (G) of this section. Insurers shall accept for coverage
pursuant
to this
section
individuals to whom both of the following
conditions apply:
(1) The individual is not applying for coverage as an
employee of an employer, as a member of an association, or as a
member of any other group.
(2) The individual is not covered, and is not eligible for
coverage, under any other private or public health benefits
arrangement, including the medicare program established under
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301, as amended, or any other act of congress or law of
this or any other state of the United States that provides
benefits comparable to the benefits provided under this section,
any medicare supplement policy, or any continuation
of coverage
policy under state or federal law.
(C) An insurer shall offer to any individual
accepted
under
this section the Ohio health care
basic and
standard plans
established by the
board of directors of the Ohio health
reinsurance
program under
division (A) of section 3924.10 of the
Revised Code or health benefit
plans
that are substantially
similar to the
Ohio health care basic and standard plans
in
benefit plan design and scope of covered services.
An insurer may offer other health benefit plans in addition
to, but not in
lieu of, the plans required to be offered under
this
division. A basic health benefit plan shall
provide, at a
minimum, the coverage
provided by the Ohio health care
basic plan
or any health benefit plan
that is substantially similar to the
Ohio health care basic plan in
benefit plan design and scope of
covered services. A standard health
benefit plan shall provide, at
a minimum, the coverage provided by the
Ohio health care standard
plan or any health benefit plan that is
substantially similar to
the Ohio health care standard plan in
benefit plan design and
scope of covered services.
For purposes of this division, the superintendent of
insurance shall
determine whether a health benefit plan is
substantially similar to the
Ohio health care basic and standard
plans in benefit
plan design and scope of covered
services.
(D)(1) Health benefit plans issued under this section may
establish pre-existing conditions provisions that exclude or
limit
coverage for a period of up to twelve months following the
individual's effective date of coverage and that may relate only
to conditions during the six months immediately preceding the
effective date of coverage.
(2) In determining whether a pre-existing conditions
provision applies to a policyholder or dependent, each policy
shall credit the time the policyholder or dependent was covered
under a previous policy, contract, or plan if the previous
coverage was continuous to a date not more than sixty-three days
prior to the effective date of the new coverage, exclusive of any
applicable service waiting period under the policy.
(E) Premiums charged to individuals under this
section may
not exceed an amount that is two one and one-half times
the
highest base rate charged for coverage offered to any other
individual to which the insurer is
currently accepting new
business, and for which similar
copayments and deductibles are
applied.
(F) In offering health benefit plans under this section,
an
insurer may require the purchase of health benefit plans that
condition the reimbursement of health services upon the use of a
specific network of providers.
(G)(1) In no event shall an An insurer shall not be required
to accept new applicants under this section if the total number of
new insureds accepted
annually under this section individuals who,
in the aggregate, would
cause the insurer to have
a
total number
of new insureds that is more than and section 3923.581 of the
Revised Code exceeds four and one-half per cent
of its the
insurer's total number of insured individuals and nonemployer
group insureds in this state per
year, as contemplated by section
3923.021 of the Revised Code,
calculated as of the immediately
preceding thirty-first day of
December and excluding the insurer's
medicare supplement policies
and conversion or continuation of
coverage policies under state or
federal law and any policies
described in division
(L) of this section.
(2) An officer of the insurer shall certify to the
department
of insurance when it has met the enrollment limit set
forth in
division (G)(1) of this section. Upon providing such
certification, the insurer shall be relieved of its open
enrollment requirement under this section for the remainder of
the
calendar year.
(H) An insurer shall not be required to accept under this
section applicants who, at the time of enrollment, are confined
to
a health care facility because of chronic illness, permanent
injury, or other infirmity that would cause economic impairment
to
the insurer if the applicants were accepted, or. An insurer shall
not be required to make the
effective date of benefits for
individuals accepted
under this section earlier than ninety days
after the date of
acceptance, except that when the individual had
prior coverage with a health benefit plan that was terminated by a
carrier because the carrier exited the market and the individual
was accepted for open enrollment under this section within
sixty-three days of that termination, the effective date of
benefits shall be the date of enrollment.
(I) The requirements of this section do not apply to any
insurer that is currently in a state of supervision, insolvency,
or liquidation. If an insurer demonstrates to the satisfaction
of
the superintendent that the requirements of this
section would
place the insurer in a state of supervision,
insolvency, or
liquidation, the superintendent may waive or
modify the
requirements of division (B) or (G) of this section. The actions
of the superintendent under this division shall be
effective for a
period of not more than one year. At the
expiration of such time,
a new showing of need for a waiver or
modification by the insurer
shall be made before a new waiver or
modification is issued or
imposed.
(J) No hospital, health care facility, or health care
practitioner, and no
person who employs any health care
practitioner, shall balance bill any
individual or dependent of an
individual for any health care supplies or
services provided to
the
individual or dependent
who is insured under a policy issued
under this section. The hospital,
health care
facility, or health
care practitioner, or any person that employs
the health care
practitioner, shall accept payments made to it by
the insurer
under the terms of the policy or
contract insuring or
covering
such individual as payment in full for such health care
supplies
or services.
As used in this division, "hospital" has the same meaning
as
in section 3727.01 of the Revised Code; "health care
practitioner"
has the same meaning as in section 4769.01 of the
Revised Code;
and "balance bill" means charging or collecting an
amount in
excess of the amount reimbursable or payable under the
policy or
health care service contract issued to an individual under this
section for such health care supply or service.
"Balance bill"
does not include charging for or collecting
copayments or
deductibles required by the policy or contract.
(K) An insurer shall may pay an agent a commission in the
amount of not more than five per cent
of the premium charged for
initial placement or for otherwise securing the
issuance of a
policy or contract issued to an individual under this section,
and
not more than
four per cent of the premium charged for the
renewal
of such a policy or contract. The superintendent may adopt, in
accordance with Chapter 119. of the Revised Code, such rules as
are necessary
to enforce this division.
(L) This section does not apply to any policy that
provides
coverage for specific diseases or accidents only, or
to any
hospital indemnity, medicare supplement, long-term care,
disability income, one-time-limited-duration policy of no
longer
than six months, or other policy that offers only
supplemental
benefits.
Sec. 3923.581. (A) As used in this section:
(1) "Base rate" means, as to any health benefit plan that is
issued by a carrier in the individual market, the lowest premium
rate for new or existing business prescribed by the carrier for
the same or similar coverage under a plan or arrangement covering
any individual with similar case characteristics.
(2) "Carrier," "health benefit plan," "MEWA," and
"pre-existing
conditions
provision" have the same meanings as in
section 3924.01 of the Revised Code.
(2)(3) "Federally eligible individual" means an eligible
individual as
defined in 45 C.F.R. 148.103.
(3)(4) "Health status-related factor" means any of the
following:
(b) Medical condition, including both physical and mental
illnesses;
(d) Receipt of health care;
(g) Evidence of insurability, including conditions arising
out of
acts of domestic violence;
(4) "Midpoint rate" means, for individuals with similar case
characteristics and plan designs and as determined by the
applicable carrier
for a rating period, the arithmetic average of
the applicable base premium
rate and the corresponding highest
premium rate.
(5) "Network plan" means a health benefit plan of a carrier
under which
the financing and delivery of medical care, including
items and services paid
for as medical care, are provided, in
whole or in part, through a defined set
of providers under
contract with the carrier.
(6) "Ohio health care basic and standard plans" means those
plans established under section 3924.10 of the Revised Code.
(B) Beginning in January of each year, carriers in the
business of issuing health benefit plans to individuals or
nonemployer
groups shall accept federally eligible individuals
for
open enrollment coverage, as provided in this section, in the
order in
which they apply for coverage and subject to the
limitation set forth in
division (J) of this section.
(C) No carrier shall do either of the following:
(1) Decline to offer such coverage to, or deny enrollment of,
such
individuals;
(2) Apply any pre-existing conditions provision to such
coverage.
(D) A carrier shall offer to federally eligible individuals
the Ohio health care
basic and standard plan established by the
board of directors of the
Ohio health reinsurance program plans or
plans substantially similar to
the
basic and standard plan plans
in benefit design and scope of covered services. For
purposes of
this division, the superintendent of insurance shall determine
whether a plan is substantially similar to the basic or standard
plan in
benefit design and scope of covered services.
(E) Premiums charged to individuals under this section may
not
exceed an amount that is two one and one-half times the
midpoint base rate charged for coverage offered to any other
individual to which the carrier is currently accepting new
business, and for
which similar copayments and deductibles are
applied.
(F) If a carrier offers a health benefit plan in the
individual
market through a network plan, the carrier may do both
of the following:
(1) Limit the federally eligible individuals that may apply
for such
coverage to those who live, work, or reside in the
service area of the
network
plan;
(2) Within the service area of the network plan, deny the
coverage to
federally eligible individuals if the carrier has
demonstrated both of the
following to the superintendent:
(a) The carrier will not have the capacity to deliver
services
adequately t to any additional individuals because of the
carrier's obligations
to existing group contract holders and
individuals.
(b) The carrier is applying division (F)(2) of this
section
uniformly to all federally eligible individuals without regard to
any
health status-related factor of those individuals.
(G) A carrier that, pursuant to division (F)(2) of
this
section, denies coverage to an individual in the service area of a
network
plan, shall not offer coverage in the individual market
within that service
area for at least one hundred eighty days
after the date the coverage is
denied.
(H) A carrier may refuse to issue health benefit plans to
federally eligible individuals if the carrier has demonstrated
both of the
following to the superintendent:
(1) The carrier does not have the financial reserves
necessary to
underwrite additional coverage.
(2) The carrier is applying division (H) of this section
uniformly to all federally eligible individuals in this state
consistent with
the applicable laws and rules of this state and
without regard to any health
status-related factor relating to
those individuals.
(I) A carrier that, pursuant to division (H) of this
section,
refuses to issue health benefit plans to federally eligible
individuals, shall not offer health benefit plans in the
individual market in
this state for at least one hundred eighty
days after the date the coverage
is
denied or until the carrier
has demonstrated to the superintendent that the
carrier has
sufficient financial reserves to underwrite additional coverage,
whichever is later.
(J)(1) Except as provided in division
(J)(2) of this section,
a carrier shall not be
required to accept
annually new applicants
under this section federally eligible individuals
who, in the
aggregate, would cause the carrier to have
a total number of new
insureds that is more than if the total number of new insureds
accepted annually under this section and section 3923.58 of the
Revised Code exceeds four and one-half per cent
of its the
carrier's total number of insured individuals and nonemployer
groups group insureds in this
state per year, calculated as of the
immediately preceding thirty-first day
of
December and excluding
the carrier's medicare supplement policies
and
conversion or
continuation of coverage policies under state or
federal law and
any policies described in division
(M)(L) of section 3923.58 of
the Revised Code.
(2) An officer of the carrier shall certify to the
department
of insurance when it has met the enrollment limit set
forth in
division (J)(1) of this section. Upon providing such
certification, the carrier shall be relieved of its open
enrollment requirement under this section for the remainder of
the
calendar year
unless, prior to the end of the calendar year, all
the
carriers subject to this section have individually met the
enrollment limit set forth in division
(J)(1) of this section. In
that event, carriers shall again accept applicants for open
enrollment coverage pursuant to this section, subject to the an
additional
enrollment limit equal to that set forth in division
(J)(1) of this section.
(K) The superintendent may provide for the application of
this
section on a service-area-specific basis.
(L) The requirements of this section do not apply to any
health
benefit plan described in division (M)(L) of section
3923.58 of the Revised Code.
(M) A carrier may pay an agent a commission in the amount of
not more than five per cent of the premium charged for initial
placement or for otherwise securing the issuance of a policy or
contract issued to an individual under this section, and not more
than four per cent of the premium charged for the renewal of such
a policy or contract. The superintendent may adopt, in accordance
with Chapter 119. of the Revised Code, such rules as are necessary
to enforce this division.
Sec. 3923.66. (A) As used in sections 3923.66 to 3923.70 of
the
Revised Code:
(1) "Clinical peer" and "physician" have the same meanings as
in
section 1751.77 of the Revised Code.
(2) "Authorized person" means a parent, guardian, or other
person
authorized to act on behalf of an insured with respect to
health
care decisions.
(B) Sections 3923.66 to 3923.70 of the Revised Code do not
apply
to any individual or group policy of sickness and accident
insurance covering only accident, credit, dental, disability
income, long-term care, hospital indemnity, medicare supplement,
medicare, tricare, specified disease, or vision care; coverage
issued as a supplement to liability insurance; insurance arising
out of workers' compensation or similar law; automobile medical
payment insurance; or insurance under which benefits are payable
with or without regard to fault and which is statutorily required
to be contained in any liability insurance policy or equivalent
self-insurance.
(C) The superintendent of insurance shall establish and
maintain
a system for receiving and reviewing requests for review
from
insureds who have been denied coverage of a health care
service on
the grounds that the service is not a service covered
under the
terms of the insured's policy or certificate.
On receipt of a written request from an insured or authorized
person, the superintendent shall consider whether the health care
service is a service covered under the terms of the insured's
policy or certificate, except that the superintendent shall not
conduct a review under this section unless the insured has
exhausted the insurer's internal review process. The insurer and
the insured or authorized person shall provide the superintendent
with any information required by the superintendent that is in
their possession and is germane to the review.
Unless the superintendent is not able to do so because making
the
determination requires resolution of a medical issue, the
superintendent shall determine whether the health care service at
issue is a service covered under the terms of the insured's policy
or certificate. The superintendent shall notify the insured, or
authorized person, and
the insurer of its determination or that it
is not able to make a
determination because the determination
requires the resolution of
a medical issue.
If the superintendent notifies the insurer that making the
determination requires the resolution of a medical issue, the
insurer shall afford the insured an opportunity for initiate an
external
review under section 3923.67 or 3923.68 of the Revised
Code. If
the superintendent notifies the insurer that the health
care
service is not a covered service, the insurer is not required
to
cover the service or afford the insured an external review.
Sec. 3923.67. (A) Except as provided in divisions (B) and
(C) of
this section, an insurer shall afford an insured an
opportunity
for an external review of a coverage denial when
requested by the
insured or authorized person, if both of the
following are the
case:
(1) The insurer has denied, reduced, or terminated coverage
for
what would be a covered health care service except that the
insurer has determined that the health care service is not
medically necessary.
(2) Except in the case of expedited review, the proposed
service,
plus any ancillary services and follow-up care, will cost
the
insured more than five hundred dollars if the proposed service
is
not covered by the insurer.
External review shall be conducted in accordance with this
section, except that if an insured with a terminal condition meets
all of the criteria of division (A) of section 3923.68 of the
Revised Code, an external review shall be conducted under that
section.
(B) An insured need not be afforded a review under this
section
in any of the following circumstances:
(1) The superintendent of insurance has determined under
section
3923.66 of the Revised Code that the health care service
is not a
service covered under the terms of the insured's policy
or
certificate.
(2) The insured has failed to exhaust the insurer's internal
review process.
(3) The insured has previously afforded an external review
for
the same denial of coverage, and no new clinical information
has
been submitted to the insurer.
(C)(1) An insurer may deny a request for an external review
if it
is requested later than sixty days after receipt by the
insured of
notice from the superintendent of insurance under
section 3923.66
of the Revised Code that making a determination
requires the
resolution of a medical issue. An external review may
be
requested by the insured, an authorized person, the insured's
provider, or a health care facility rendering health care service
to the insured. The insured may request a review without the
approval of the provider or the health care facility rendering the
health care service. The provider or health care facility may not
request a review without the prior consent of the insured.
(2) An external review must be requested in writing, except
that
if the insured has a condition that requires expedited
review, the
review may be requested orally or by electronic means.
When an
oral or electronic request for review is made, written
confirmation of the request must be submitted to the insurer not
later than five days after the request is made.
Except in the case of an expedited review, a request for an
external review must be accompanied by written certification from
the insured's provider or the health care facility rendering the
health care service to the insured that the proposed service, plus
any ancillary services and follow-up care, will cost the insured
more than five hundred dollars if the proposed service is not
covered by the insurer.
(3) For an expedited review, the insured's provider must
certify
that the insured's condition could, in the absence of
immediate
medical attention, result in any of the following:
(a) Placing the health of the insured or, with respect to a
pregnant woman, the health of the insured or the unborn child, in
serious jeopardy;
(b) Serious impairment to bodily functions;
(c) Serious dysfunction of any bodily organ or part.
(D) The procedures used in conducting an external review
shall
include all of the following:
(1) The review shall be conducted by an independent review
organization assigned by the superintendent of insurance under
section 3901.80 of the Revised Code.
(2) Except as provided in divisions (D)(3) and (4) of this
section, neither the clinical peer nor any health care facility
with which the clinical peer is affiliated shall have any
professional, familial, or financial affiliation with any of the
following:
(a) The insurer or any officer, director, or managerial
employee
of the insurer;
(b) The insured, the insured's provider, or the practice
group of
the insured's provider;
(c) The health care facility at which the health care service
requested by the insured would be provided;
(d) The development or manufacture of the principal drug,
device,
procedure, or therapy proposed for the insured.
(3) Division (D)(2) of this section does not prohibit a
clinical
peer from conducting a review under any of the following
circumstances:
(a) The clinical peer is affiliated with an academic medical
center that provides health care services to insureds of the
insurer.
(b) The clinical peer has staff privileges at a health care
facility that provides health care services to insureds of the
insurer.
(c) The clinical peer has a contractual relationship with the
insurer but was not involved with the insurer's coverage decision.
(4) Division (D)(2) of this section does not prohibit the
insurer
from paying the independent review organization for the
conduct of
the review.
(5) An insured shall not be required to pay for any part of
the
cost of the review. The cost of the review shall be borne by
the
insurer.
(6)(a) The insurer shall provide to the independent review
organization conducting the review a copy of those records in its
possession that are relevant to the insured's medical condition
and the review.
Records shall be used solely for the purpose of this
division. At
the request of the independent review organization,
the insurer,
insured, provider, or health care facility rendering
health care
services to the insured shall provide any additional
information
the independent review organization requests to
complete the
review. A request for additional information may be
made in
writing, orally, or by electronic means. The independent
review
organization shall submit the request to the insured and
insurer.
If a request is submitted orally or by electronic means
to an
insured or insurer, not later than five days after the
request is
submitted, the independent review organization shall
provide
written confirmation of the request. If the review was
initiated
by a provider or health care facility, a copy of the
request shall
be submitted to the provider or health care
facility.
(b) An independent review organization is not required to
make a
decision if it has not received any requested information
that it
considers necessary to complete a review. An independent
review
organization that does not make a decision for this reason
shall
notify the insured and the insurer that a decision is not
being
made. The notice may be made in writing, orally, or by
electronic
means. An oral or electronic notice shall be confirmed
in writing
not later than five days after the oral or electronic
notice is
made. If the review was initiated by a provider or
health care
facility, a copy of the notice shall be submitted to
the provider
or health care facility.
(7) The insurer may elect to cover the service requested and
terminate the review. The insurer shall notify the insured and
all
other parties involved with the decision by mail, or with the
consent or approval of the insured, by electronic means.
(8) In making its decision, an independent review
organization
conducting the review shall take into account all of
the
following:
(a) Information submitted by the insurer, the insured, the
insured's provider, and the health care facility rendering the
health care service, including the following:
(i) The insured's medical records;
(ii) The standards, criteria, and clinical rationale used by
the
insurer to make its decision.
(b) Findings, studies, research, and other relevant documents
of
government agencies and nationally recognized organizations,
including the national institutes of health or any board
recognized by the national institutes of health, the national
cancer institute, the national academy of sciences, the United
States food and drug administration, the health care financing
administration of the United States department of health and human
services, and the agency for health care policy and research;
(c) Relevant findings in peer-reviewed medical or scientific
literature, published opinions of nationally recognized medical
experts, and clinical guidelines adopted by relevant national
medical societies.
(9)(a) In the case of an expedited review, the independent
review
organization shall issue a written decision not later than
seven
days after the filing of the request for review. In all
other
cases, the independent review organization shall issue a
written
decision not later than thirty days after the filing of
the
request. The independent review organization shall send a copy
of
its decision to the insurer and the insured. If the insured's
provider or the health care facility rendering health care
services to the insured requested the review, the independent
review organization shall also send a copy of its decision to the
insured's provider or the health care facility.
(b) The independent review organization's decision shall
include
a description of the insured's condition and the principal
reasons
for the decision and an explanation of the clinical
rationale for
the decision.
(E) The independent review organization shall base its
decision
on the information submitted under division (D)(8) of
this
section. In making its decision, the independent review
organization shall consider safety, efficacy, appropriateness, and
cost-effectiveness.
(F) The insurer shall provide any coverage determined by the
independent review organization's decision to be medically
necessary, subject to the other terms, limitations, and conditions
of the insured's policy or certificate.
Sec. 3923.68. (A) Each insurer shall establish a reasonable
external, independent review process to examine the insurer's
coverage decisions for insureds who meet all of the following
criteria:
(1) The insured has a terminal condition that, according to
the
current diagnosis of the insured's physician, has a high
probability of causing death within two years.
(2) The insured requests a review not later than sixty days
after
receipt by the insured of notice from the superintendent of
insurance under section 3923.66 of the Revised Code that making a
determination requires resolution of a medical issue.
(3) The insured's physician certifies that the insured has
the
condition described in division (A)(1) of this section and any
of
the following situations are applicable:
(a) Standard therapies have not been effective in improving
the
condition of the insured.
(b) Standard therapies are not medically appropriate for the
insured.
(c) There is no standard therapy covered by the insurer that
is
more beneficial than therapy described in division (A)(4)(3) of
this
section.
(4)(3) The insured's physician has recommended a drug,
device,
procedure, or other therapy that the physician certifies,
in
writing, is likely to be more beneficial to the insured, in the
physician's opinion, than standard therapies, or the insured has
requested a therapy that has been found in a preponderance of
peer-reviewed published studies to be associated with effective
clinical outcomes for the same condition.
(5)(4) The insured has been denied coverage by the insurer
for a
drug, device, procedure, or other therapy recommended or
requested
pursuant to division (A)(4)(3) of this section, and has
exhausted the
insurer's internal review process.
(6)(5) The drug, device, procedure, or other therapy, for
which
coverage has been denied, would be a covered health care
service
except for the insurer's determination that the drug,
device,
procedure, or other therapy is experimental or
investigational.
(B) A review shall be requested in writing, except that if
the
insured's physician determines that a therapy would be
significantly less effective if not promptly initiated, the review
may be requested orally or by electronic means. When an oral or
electronic request for review is made, written confirmation of the
request shall be submitted to the insurer not later than five days
after the oral or written request is submitted.
(C) The external, independent review process established by
an
insurer shall meet all of the following criteria:
(1) Except as provided in division (E) of this section, the
process shall afford all insureds who meet the criteria set forth
in division (A) of this section the opportunity to have the
insurer's decision to deny coverage of the recommended or
requested therapy reviewed under the process. Each eligible
insured shall be notified of that opportunity within thirty
business days after the insurer denies coverage.
(2) The review shall be conducted by an independent review
organization assigned by the superintendent of insurance under
section 3901.80 of the Revised Code.
The independent review organization shall select a panel to
conduct the review, which panel shall be composed of at least
three physicians or other providers who, through clinical
experience in the past three years, are experts in the treatment
of the insured's medical condition and knowledgeable about the
recommended or requested therapy.
In either of the following circumstances, an exception may be
made
to the requirement that the review be conducted by an expert
panel
composed of a minimum of three physicians or other
providers:
(a) A review may be conducted by an expert panel composed of
only
two physicians or other providers if an insured has consented
in
writing to a review by the smaller panel.
(b) A review may be conducted by a single expert physician or
other provider if only the expert physician or other provider is
available for the review.
(3) Neither the insurer nor the insured shall choose, or
control
the choice of, the physician or other provider experts.
(4) The selected experts, any health care facility with which
an
expert is affiliated, and the independent review organization
arranging for the experts' review shall not have any professional,
familial, or financial affiliation with any of the following:
(a) The insurer or any officer, director, or managerial
employee
of the insurer;
(b) The insured, the insured's physician, of or the practice
group
of the insured's physician;
(c) The health care facility at which the recommended or
requested
therapy would be provided;
(d) The development or manufacture of the principal drug,
device,
procedure, or therapy involved in the recommended or
requested
therapy.
However, experts affiliated with academic medical centers who
provide health care services to insureds of the insurer may serve
as experts on the review panel. Further, experts with staff
privileges at a health care facility that provides health care
services to insureds of the insurer, as well as experts who have a
contractual relationship with the insurer, but who were not
involved with the insurer's denial of coverage for the therapy
under review, may serve as experts on the review panel. These
nonaffiliation provisions do not preclude an insurer from paying
for the experts' review, as specified in division (C)(5) of this
section.
(5) Insureds shall not be required to pay for any part of the
cost of the review. The cost of the review shall be borne by the
insurer.
(6) The insurer shall provide to the independent review
organization arranging for the experts' review a copy of those
records in the insurer's possession that are relevant to the
insured's medical condition and the review. The records shall be
disclosed solely to the expert reviewers and shall be used solely
for the purpose of this section. At the request of the expert
reviewers, the insurer or the physician requesting the therapy
shall provide any additional information that the expert reviewers
request to complete the review. An expert reviewer is not
required
to render an opinion if the reviewer has not received any
requested information that the reviewer considers necessary to
complete the review.
(7)(a) In the case of an expedited review, the independent
review
organization shall issue a written decision not later than
seven
days after the filing of the request for review. In all
other
cases, the independent review organization shall issue a
written
decision not later than thirty days after the filing of
the
request. The independent review organization shall send a copy
of
its decision to the insurer and the insured. If the insured's
provider or the health care facility rendering health care
services to the insured requested the review, the independent
review organization shall also send a copy of its decision to the
insured's provider or the health care facility.
(b) In conducting the review, the experts on the panel shall
take
into account all of the following:
(i) Information submitted by the insurer, the insured, and
the
insured's physician, including the insured's medical records
and
the standards, criteria, and clinical rationale used by the
insurer to reach its coverage decision;
(ii) Findings, studies, research, and other relevant
documents of
government agencies and nationally recognized
organizations;
(iii) Relevant findings in peer-reviewed medical or
scientific
literature and published opinions of nationally
recognized medical
experts;
(iv) Clinical guidelines adopted by relevant national medical
societies;
(v) Safety, efficacy, appropriateness, and cost
effectiveness.
(8) Each expert on the panel shall provide the independent
review
organization with a professional opinion as to whether
there is
sufficient evidence to demonstrate that the recommended
or
requested therapy is likely to be more beneficial to the
insured
than standard therapies.
(9) Each expert's opinion shall be presented in written form
and
shall include the following information:
(a) A description of the insured's condition;
(b) A description of the indicators relevant to determining
whether there is sufficient evidence to demonstrate that the
recommended or requested therapy is more likely than not to be
more beneficial to the insured than standard therapies;
(c) A description and analysis of any relevant findings
published
in peer-reviewed medical or scientific literature or the
published
opinions of medical experts or specialty societies;
(d) A description of the insured's suitability to receive the
recommended or requested therapy according to a treatment protocol
in a clinical trial, if applicable.
(10) The independent review organization shall provide the
insurer with the opinions of the experts. The insurer shall make
the experts' opinions available to the insured and the insured's
physician, upon request.
(11) The opinion of the majority of the experts on the panel,
rendered pursuant to division (C)(8) of this section, is binding
on the insurer with respect to that insured. If the opinions of
the experts on the panel are evenly divided as to whether the
therapy should be covered, the insurer's final decision shall be
in favor of coverage. If less than a majority of the experts on
the panel recommend coverage of the therapy, the insurer may, in
its discretion, cover the therapy. However, any coverage provided
pursuant to division (C)(11) of this section is subject to the
terms, limitations, and conditions of the insured's policy or
certificate with the insurer.
(12) The insurer shall have written policies describing the
external, independent review process.
(D) If an insurer's initial denial of coverage for a therapy
recommended or requested pursuant to division (A)(3)(2) of this
section is based upon an external, independent review of that
therapy meeting the requirements of division (C) of this section,
this section shall not be a basis for requiring a second external,
independent review of the recommended or requested therapy.
(E) At any time during the external, independent review
process,
the insurer may elect to cover the recommended or
requested health
care service and terminate the review. The
insurer shall notify
the insured and all other parties involved by
mail or, with
consent or approval of the insured, by electronic
means.
(F) The insurer shall annually file a certificate with the
superintendent of insurance certifying its compliance with the
requirements of this section.
Sec. 3923.75. (A) As used in sections 3923.75 to 3923.79 of
the
Revised Code:
(1) "Clinical peer" and "physician" have the same meanings as
in
section 1751.77 of the Revised Code.
(2) "Authorized person" means a parent, guardian, or other
person
authorized to act on behalf of a plan member with respect
to
health care decisions.
(B) Sections 3923.75 to 3923.79 of the Revised Code do not
apply
to any public employee benefit plan covering only accident,
credit, dental, disability income, long-term care, hospital
indemnity, medicare supplement, medicare, tricare, specified
disease, or vision care; coverage issued as a supplement to
liability insurance; insurance arising out of workers'
compensation or similar law; automobile medical payment insurance;
or insurance under which benefits are payable with or without
regard to fault and which is statutorily required to be contained
in any liability insurance policy or equivalent self-insurance.
(C) The superintendent of insurance shall establish and
maintain
a system for receiving and reviewing requests for review
from plan
members who have been denied coverage of a health care
service on
the grounds that the service is not a service covered
under the
terms of the public employee benefit plan.
On receipt of a written request from a plan member or
authorized
person, the superintendent shall consider whether the
health care
service is a service covered under the terms of the
plan, except
that the superintendent shall not conduct a review
under this
section unless the plan member has exhausted the plan's
internal
review process. The plan and the plan member or
authorized person
shall provide the superintendent with any
information required by
the superintendent that is in their
possession and is germane to
the review.
Unless the superintendent is not able to do so because making
the
determination requires resolution of a medical issue, the
superintendent shall determine whether the health care service at
issue is a service covered under the terms of the plan. The
superintendent shall notify the plan member, or authorized person,
and the plan of its
determination or that it is not able to make a
determination
because the determination requires the resolution of
a medical
issue.
If the superintendent notifies the plan that making the
determination requires the resolution of a medical issue, the plan
shall afford the plan member initiate an opportunity for external
review
under section 3923.76 or 3923.77 of the Revised Code. If
the
superintendent notifies the plan that the health care service
is
not a covered service, the plan is not required to cover the
service or afford the plan member an external review.
Sec. 3923.76. (A) Except as provided in divisions (B) and
(C) of
this section, a public employee benefit plan shall afford a
plan
member an opportunity for an external review of a coverage
denial
when requested by the plan member or authorized person, if
both of
the following are the case:
(1) The plan has denied, reduced, or terminated coverage for
what
would be a covered health care service except that the plan
has
determined that the health care service is not medically
necessary.
(2) Except in the case of expedited review, the proposed
service,
plus any ancillary services and follow-up care, will cost
the plan
member more than five hundred dollars if the proposed
service is
not covered by the plan.
External review shall be conducted in accordance with this
section, except that if a plan member with a terminal condition
meets all of the criteria of division (A) of section 3923.77 of
the Revised Code, an external review shall be conducted under that
section.
(B) A plan member need not be afforded a review under this
section in any of the following circumstances:
(1) The superintendent of insurance has determined under
section
3923.75 of the Revised Code that the health care service
is not a
service covered under the terms of the plan.
(2) The plan member has failed to exhaust the plan's internal
review process.
(3) The plan member has previously been afforded an external
review for the same denial of coverage, and no new clinical
information has been submitted to the plan.
(C)(1) A plan may deny a request for an external review if it
is
requested later than sixty days after receipt by the plan
member
of notice from the superintendent of insurance under
section
3923.75 of the Revised Code that making the determination
requires
the resolution of a medical issue. An external review may
be
requested by the plan member, an authorized person, the plan
member's provider, or a health care facility rendering health care
service to the plan member. The plan member may request a review
without the approval of the provider or the health care facility
rendering the health care service. The provider or health care
facility may not request a review without the prior consent of the
plan member.
(2) An external review must be requested in writing, except
that
if the plan member has a condition that requires expedited
review,
the review may be requested orally or by electronic means.
When
an oral or electronic request for review is made, written
confirmation of the request must be submitted to the plan not
later than five days after the request is made.
Except in the case of an expedited review, a request for an
external review must be accompanied by written certification from
the plan member's provider or the health care facility rendering
the health care service to the plan member that the proposed
service, plus any ancillary services and follow-up care, will cost
the plan member more than five hundred dollars if the proposed
service is not covered by the plan.
(3) For an expedited review, the plan member's provider must
certify that the plan member's condition could, in the absence of
immediate medical attention, result in any of the following:
(a) Placing the health of the plan member or, with respect to
a
pregnant woman, the health of the plan member or the unborn
child,
in serious jeopardy;
(b) Serious impairment to bodily functions;
(c) Serious dysfunction of any bodily organ or part.
(D) The procedures used in conducting an external review
shall
include all of the following:
(1) The review shall be conducted by an independent review
organization assigned by the superintendent of insurance under
section 3901.80 of the Revised Code.
(2) Except as provided in divisions (D)(3) and (4) of this
section, neither the clinical peer nor any health care facility
with which the clinical peer is affiliated shall have any
professional, familial, or financial affiliation with any of the
following:
(a) The plan or any officer, director, or managerial employee
of
the plan;
(b) The plan member, the plan member's provider, or the
practice
group of the plan member's provider;
(c) The health care facility at which the health care service
requested by the plan member would be provided:;
(d) The development or manufacture of the principal drug,
device,
procedure, or therapy proposed for the plan member.
(3) Division (D)(2) of this section does not prohibit a
clinical
peer from conducting a review under any of the following
circumstances:
(a) The clinical peer is affiliated with an academic medical
center that provides health care services to members of the plan.
(b) The clinical peer has staff privileges at a health care
facility that provides health care services to members of the
plan.
(c) The clinical peer has a contractual relationship with the
plan but was not involved with the plan's coverage decision.
(4) Division (D)(2) of this section does not prohibit the
plan
from paying the independent review organization for the
conduct of
the review.
(5) A plan member shall not be required to pay for any part
of
the cost of the review. The cost of the review shall be borne
by
the plan.
(6)(a) The plan shall provide to the independent review
organization conducting the review a copy of those records in its
possession that are relevant to the plan member's medical
condition and the review.
Records shall be used solely for the purpose of this
division. At
the request of the independent review organization,
the plan, plan
member, provider, or health care facility rendering
health care
services to the plan member shall provide any
additional
information the independent review organization
requests to
complete the review. A request for additional
information may be
made in writing, orally, or by electronic
means. The independent
review organization shall submit the
request to the plan member
and the plan. If a request is submitted
orally or by electronic
means to a plan member or plan, not later
than five days after the
request is submitted, the independent
review organization shall
provide written confirmation of the
request. If the review was
initiated by a provider or health care
facility, a copy of the
request shall be submitted to the provider
or health care
facility.
(b) An independent review organization is not required to
make a
decision if it has not received any requested information
that it
considers necessary to complete a review. An independent
review
organization that does not make a decision for this reason
shall
notify the plan member and the plan that a decision is not
being
made. The notice may be made in writing, orally, or by
electronic
means. An oral or electronic notice shall be confirmed
in writing
not later than five days after the oral or electronic
notice is
made. If the review was initiated by a provider or
health care
facility, a copy of the notice shall be submitted to
the provider
or health care facility.
(7) The plan may elect to cover the service requested and
terminate the review. The plan shall notify the plan member and
all other parties involved with the decision by mail, or with the
consent or approval of the plan member, by electronic means.
(8) In making its decision, an independent review
organization
conducting the review shall take into account all of
the
following:
(a) Information submitted by the plan, the plan member, the
plan
member's provider, and the health care facility rendering the
health care service, including the following:
(i) The plan member's medical records;
(ii) The standards, criteria, and clinical rationale used by
the
plan to make its decision.
(b) Findings, studies, research, and other relevant documents
of
government agencies and nationally recognized organizations,
including the national institutes of health or any board
recognized by the national institutes of health, the national
cancer institute, the national academy of sciences, the United
States food and drug administration, the health care financing
administration of the United States department of health and human
services, and the agency for health care policy and research;
(c) Relevant findings in peer-reviewed medical or scientific
literature, published opinions of nationally recognized medical
experts, and clinical guidelines adopted by relevant national
medical societies.
(9)(a) In the case of an expedited review, the independent
review
organization shall issue a written decision not later than
seven
days after the filing of the request for review. In all
other
cases, the independent review organization shall issue a
written
decision not later than thirty days after the filing of
the
request. The independent review organization shall send a copy
of
its decision to the plan and the plan member. If the plan
member's provider or the health care facility rendering health
care services to the plan member requested the review, the
independent review organization shall also send a copy of its
decision to the plan member's provider or the health care
facility.
(b) The independent review organization's decision shall
include
a description of the plan member's condition and the
principal
reasons for the decision and an explanation of the
clinical
rationale for the decision.
(E) The independent review organization shall base its
decision
on the information submitted under division (D)(8) of
this
section. In making its decision, the independent review
organization shall consider safety, efficacy, appropriateness, and
cost-effectiveness.
(F) The plan shall provide any coverage determined by the
independent review organization's decision to be medically
necessary, subject to the other terms, limitations, and conditions
of the plan.
Sec. 3923.77. (A) Each public employee benefit plan shall
establish a reasonable external review process to examine the
plan's coverage decisions for plan members who meet all of the
following criteria:
(1) The plan member has a terminal condition that, according
to
the current diagnosis of the plan member's physician, has a
high
probability of causing death within two years.
(2) The plan member requests a review not later than sixty
days
after receipt by the plan member of notice from the
superintendent
of insurance under section 3923.75 of the Revised
Code that making
a determination requires resolution of a medical
issue.
(3) The plan member's physician certifies that the plan
member
has the condition described in division (A)(1) of this
section and
any of the following situations are applicable:
(a) Standard therapies have not been effective in improving
the
condition of the plan member.
(b) Standard therapies are not medically appropriate for the
plan
member.
(c) There is no standard therapy covered by the plan that is
more
beneficial than therapy described in division (A)(4)(3) of
this
section.
(4)(3) The plan member's physician has recommended a drug,
device,
procedure, or other therapy that the physician certifies,
in
writing, is likely to be more beneficial to the plan member, in
the physician's opinion, than standard therapies, or the plan
member has requested a therapy that has been found in a
preponderance of peer-reviewed published studies to be associated
with effective clinical outcomes for the same condition.
(5)(4) The plan member has been denied coverage by the plan
for a
drug, device, procedure, or other therapy recommended or
requested
pursuant to division (A)(4)(3) of this section, and has
exhausted all
internal appeals.
(6)(5) The drug, device, procedure, or other therapy, for
which
coverage has been denied, would be a covered health care
service
except for the plan's determination that the drug, device,
procedure, or other therapy is experimental or investigational.
(B) A review shall be requested in writing, except that if
the
plan member's physician determines that a therapy would be
significantly less effective if not promptly initiated, the review
may be requested orally or by electronic means. When an oral or
electronic request for review is made, written confirmation of the
request shall be submitted to the plan not later than five days
after the oral or written request is submitted. For an expedited
review, the plan member's provider must certify that the requested
or recommended therapy would be significantly less effective if
not promptly initiated.
(C) The external review process established by a plan shall
meet
all of the following criteria:
(1) Except as provided in division (E) of this section, the
process shall afford all plan members who meet the criteria set
forth in division (A) of this section the opportunity to have the
plan's decision to deny coverage of the recommended or requested
therapy reviewed under the process. Each eligible plan member
shall be notified of that opportunity within thirty business days
after the plan denies coverage.
(2) The review shall be conducted by an independent review
organization assigned by the superintendent of insurance under
section 3901.80 of the Revised Code. The independent review
organization shall select a panel to conduct the review, which
panel shall be composed of at least three physicians or other
providers who, through clinical experience in the past three
years, are experts in the treatment of the plan member's medical
condition and knowledgeable about the recommended or requested
therapy. If the independent review organization retained by the
plan is an academic medical center, the panel may include experts
affiliated with or employed by the academic medical center.
In either of the following circumstances, an exception may be
made
to the requirement that the review be conducted by an expert
panel
composed of a minimum of three physicians or other
providers:
(a) A review may be conducted by an expert panel composed of
only
two physicians or other providers if a plan member has
consented
in writing to a review by the smaller panel.
(b) A review may be conducted by a single expert physician or
other provider if only the expert physician or other provider is
available for the review.
(3) Neither the plan nor the plan member shall choose, or
control
the choice of, the physician or other provider experts.
(4) The selected experts, any health care facility with which
an
expert is affiliated, and the independent review organization
arranging for the experts' review shall not have any professional,
familial, or financial affiliation with any of the following:
(a) The plan or any officer, director, or managerial employee
of
the plan;
(b) The plan member, the plan member's physician, or the
practice
group of the plan member's physician;
(c) The health care facility at which the recommended or
requested therapy would be provided;
(d) The development or manufacture of the principal drug,
device,
procedure, or therapy involved in the recommended or
requested
therapy. However, experts affiliated with academic
medical
centers who provide health care services to members of the
plan
may serve as experts on the review panel. Further, experts
with
staff privileges at a health care facility that provides
health
care services to members of the plan, as well as experts
who have
a contractual relationship with the plan, but who were
not
involved with the plan's denial of coverage for the therapy
under
review, may serve as experts on the review panel. These
nonaffiliation provisions do not preclude a plan from paying for
the experts' review, as specified in division (C)(5) of this
section.
(5) Plan members shall not be required to pay for any part of
the
cost of the review. The cost of the review shall be borne by
the
plan.
(6) The plan shall provide to the independent review
organization
arranging for the experts' review a copy of those
records in the
plan's possession that are relevant to the plan
member's medical
condition and the review. The records shall be
disclosed solely
to the expert reviewers and shall be used solely
for the purpose
of this section. At the request of the expert
reviewers, the plan
or the physician requesting the therapy shall
provide any
additional information that the expert reviewers
request to
complete the review. An expert reviewer is not required
to render
an opinion if the reviewer has not received any
requested
information that the reviewer considers necessary to
complete the
review.
(7)(a) In the case of an expedited review, the independent
review
organization shall issue a written decision not later than
seven
days after the filing of the request for review. In all
other
cases, the independent review organization shall issue a
written
decision not later than thirty days after the filing of
the
request. The independent review organization shall send a copy
of
its decision to the plan and the plan member. If the plan
member's provider or the health care facility rendering health
care services to the plan member requested the review, the
independent review organization shall also send a copy of its
decision to the plan member's provider or the health care
facility.
(b) In conducting the review, the experts on the panel shall
take
into account all of the following:
(i) Information submitted by the plan, the plan member, and
the
plan member's physician, including the plan member's medical
records and the standards, criteria, and clinical rationale used
by the plan to reach its coverage decision;
(ii) Findings, studies, research, and other relevant
documents of
government agencies and nationally recognized
organizations;
(iii) Relevant findings in peer-reviewed medical or
scientific
literature and published opinions of nationally
recognized medical
experts;
(iv) Clinical guidelines adopted by relevant national medical
societies;
(v) Safety, efficacy, appropriateness, and
cost-effectiveness.
(8) Each expert on the panel shall provide the independent
review
organization with a professional opinion as to whether
there is
sufficient evidence to demonstrate that the recommended
or
requested therapy is likely to be more beneficial to the plan
member than standard therapies.
(9) Each expert's opinion shall be presented in written form
and
shall include the following information:
(a) A description of the plan member's condition;
(b) A description of the indicators relevant to determining
whether there is sufficient evidence to demonstrate that the
recommended or requested therapy is more likely than not to be
more beneficial to the plan member than standard therapies;
(c) A description and analysis of any relevant findings
published
in peer-reviewed medical or scientific literature or the
published
opinions of medical experts or specialty societies;
(d) A description of the plan member's suitability to receive
the
recommended or requested therapy according to a treatment
protocol
in a clinical trial, if applicable.
(10) The independent review organization shall provide the
plan
with the opinions of the experts. The plan shall make the
experts' opinions available to the plan member and the plan
member's physician, upon request.
(11) The opinion of the majority of the experts on the panel,
rendered pursuant to division (C)(8) of this section, is binding
on the plan with respect to that plan member. If the opinions of
the experts on the panel are evenly divided as to whether the
therapy should be covered, the plan's final decision shall be in
favor of coverage. If less than a majority of the experts on the
panel recommend coverage of the therapy, the plan may, in its
discretion, cover the therapy. However, any coverage provided
pursuant to division (C)(11) of this section is subject to the
terms, limitations, and conditions of the plan.
(12) The plan shall have written policies describing the
external
review process.
(D) If a plan's initial denial of coverage for a therapy
recommended or requested pursuant to division (A)(3)(2) of this
section is based upon an external review of that therapy meeting
the requirements of division (C) of this section, this section
shall not be a basis for requiring a second external review of the
recommended or requested therapy.
(E) At any time during the external review process, the plan
may
elect to cover the recommended or requested health care
service
and terminate the review. The plan shall notify the plan
member
and all other parties involved by mail or, with consent or
approval of the plan member, by electronic means.
(F) The plan shall annually file a certificate with the
superintendent of insurance certifying its compliance with the
requirements of this section.
Sec. 3923.90. (A) There is hereby created the health care
coverage and quality council to advise the governor, general
assembly, entities in the public and private sectors, and
consumers on strategies to expand affordable health insurance
coverage to more individuals and to improve the cost and quality
of the state's health insurance system and health care system.
(B) The council shall consist of the following members:
(1) The superintendent of insurance or the superintendent's
designee;
(2) The director of the executive medicaid management
administration;
(3) The director of medicaid;
(4) The director of the office of healthy Ohio within the
department of health;
(5) The benefits administrator of the office of benefits
administration within the department of administrative services;
(6) Two members of the house of representatives, one member
appointed by the speaker of the house
of representatives and one
member appointed by the minority leader of the house of
representatives;
(7) Two members of the senate, one member appointed by the
president of the senate and one member appointed by the minority
leader of the senate;
(8) The following members appointed by the governor, with the
advice and consent of the senate:
(a) Two representatives of consumers of health care services;
(b) Two representatives of employers that provide health care
coverage to their employees;
(c) Two representatives of medical facilities, at least one
of whom is a representative of a research and academic medical
center;
(d) Two individuals authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery or osteopathic
medicine and surgery;
(e) Two representatives of companies authorized under Chapter
3923. of the Revised Code to do the business of sickness and
accident insurance in this state or of health insuring
corporations holding certificates of authority under Chapter 1751.
of the Revised Code;
(f) Two representatives of organized labor;
(g) One representative of a nonprofit organization
experienced in health care data collection and analysis;
(h) One individual with expertise in health information
technology and exchange;
(i) One representative of a state retirement system;
(j) One public health professional;
(C) Not later than thirty days after the effective date of
this section, initial appointments shall be made to the council.
The initial legislative members shall be appointed for terms
ending three years from the date of appointment. Of the initial
members appointed by the governor, five shall be for terms ending
December 31, 2010, six shall be for terms ending December 31,
2011, and six shall be for terms ending December 31, 2012.
Thereafter, terms of office for all appointed members shall be
three years, with each term ending on the same day of the same
month as the term it succeeds. Each member shall hold office from
the date of appointment until the end of the term for which the
member was appointed, except that a legislative member ceases to
be a member of the council on ceasing to be a member of the
general assembly. Members may be reappointed.
Vacancies shall be filled in the same manner as original
appointments. Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which the member's
predecessor was appointed shall hold office for the remainder of
that term. A member shall continue in office subsequent to the
expiration date of the member's term until the member's successor
takes office or until a period of sixty days has elapsed,
whichever occurs first.
(D) The superintendent or the superintendent's designee shall
serve as chairperson of the council. The council shall meet at the
call of the chair. A majority of the members of the council
constitutes a quorum.
(E) Members shall serve without compensation, but shall be
reimbursed for mileage and actual and necessary expenses incurred
in the performance of their official duties.
(F) The superintendent may provide staff and other
administrative support for the council to carry out its duties. In
making staffing decisions, the superintendent may consider any
recommendations made by the council.
(G) Sections 101.82 to 101.87 of the Revised Code do not
apply to the health care coverage and quality council.
Sec. 3923.91. (A) The health care coverage and quality
council shall do all of the following:
(1) Advise the governor and general assembly on strategies to
improve health care programs and health insurance policies and
benefit plans, including strategies such as the use of best
practices regarding health care financing, delivery of health care
services, and health promotion, and thereafter promote the
widespread adoption of those practices;
(2) Monitor and evaluate implementation of strategies to
improve access to health insurance coverage and to transform the
state's health care
system into a high quality, cost-effective,
and high performing
system and identify
barriers to implementing
those strategies and methods to overcome
the barriers;
(3) Catalog existing health care data reporting efforts and
make recommendations to improve data reporting in a manner that
increases transparency and consistency in the health care and
insurance coverage systems;
(4) Study health care financing alternatives that will
increase access to health insurance coverage, promote disease
prevention and injury prevention, contain costs, and improve
quality;
(5) Evaluate the systems that individuals use to obtain or
otherwise become connected with health insurance and recommend
improvements to those systems or the use of alternative systems;
(6) Recommend minimum coverage standards for basic and
standard health insurance plans offered by insurance carriers;
(7) Recommend strategies, such as subsidies, to assist
individuals in being able
to afford health insurance coverage,
with the assistance to be
based on the availability of funds and
individual affordability
standards;
(8) Recommend strategies to implement health
information
technology to support improved access, cost, and
quality in the
state's health care system;
(9) Develop programs to assist employers in adopting
cafeteria plans meeting the requirements of section 125 of the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 125, as
amended;
(10) Perform any other duties specified in rules adopted by
the superintendent of insurance.
(B) The council shall prepare and issue an annual report,
which may include recommendations, on or before the thirty-first
day of December of each year. The council may prepare and issue
other reports and recommendations at other times that the council
finds appropriate.
(C) The superintendent may adopt rules as necessary for the
council to carry out its duties. The rules shall be adopted under
Chapter 119. of the Revised Code. In adopting the rules, the
superintendent may consider any recommendations made by the
council.
Sec. 3924.01. As used in sections 3924.01 to 3924.14 of
the
Revised Code:
(A) "Actuarial certification" means a written statement
prepared by a member of the American academy of actuaries, or by
any other person acceptable to the superintendent of insurance,
that states that, based upon the person's examination, a carrier
offering health benefit plans to small employers is in compliance
with sections 3924.01 to 3924.14 of the Revised Code. "Actuarial
certification" shall include a review of the appropriate records
of, and the actuarial assumptions and methods used by, the
carrier
relative to establishing premium rates for the health
benefit
plans.
(B) "Adjusted average market premium price" means the average
market premium price as
determined by the board of directors of
the Ohio
health reinsurance program either on the basis of the
arithmetic mean of all carriers'
premium rates for an OHC plan
sold to groups
with similar case
characteristics by all carriers
selling OHC
plans in the
state, or on any other equitable basis
determined by the board.
(C) "Base premium rate" means, as to any health benefit
plan
that is issued by a carrier and that covers at least two but no
more than
fifty
employees of a small employer, the lowest premium
rate for a new
or existing business prescribed by the carrier for
the same or
similar coverage under a plan or arrangement covering
any small
employer with similar case characteristics.
(D) "Carrier" means any sickness and accident insurance
company or health insuring corporation
authorized to issue
health
benefit plans in this state or a MEWA. A
sickness and
accident
insurance company that owns or operates a health
insuring
corporation, either as a
separate corporation or as
a line of
business, shall be considered as a separate carrier
from that
health insuring corporation
for purposes of
sections 3924.01 to
3924.14 of the Revised Code.
(E) "Case characteristics" means, with respect to a small
employer, the geographic area in which the employees work; the
age
and sex of the individual employees and their dependents; the
appropriate industry classification as determined by the carrier;
the number of employees and dependents; and such other objective
criteria as may be established by the carrier. "Case
characteristics" does not include claims experience, health
status, or duration of coverage from the date of issue.
(F) "Dependent" means the spouse or child of an eligible
employee, subject to applicable terms of the health benefits plan
covering the employee.
(G) "Eligible employee" means an employee who works a
normal
work week of twenty-five or more hours. "Eligible
employee"
does
not include a temporary or substitute employee, or
a seasonal
employee who works only part of the calendar year on
the basis of
natural or suitable times or circumstances.
(H) "Health benefit plan" means any hospital or medical
expense policy or certificate or any health
plan provided by a
carrier, that is delivered, issued for delivery,
renewed, or used
in this state on or after the date occurring six
months after
November 24, 1995. "Health
benefit plan" does not include policies
covering only accident, credit, dental, disability income,
long-term care, hospital indemnity, medicare supplement,
specified
disease, or vision care; coverage under a
one-time-limited-duration policy of no longer than six
months;
coverage issued as a supplement to liability
insurance; insurance
arising out of a workers' compensation or
similar law; automobile
medical-payment insurance; or insurance
under which benefits are
payable with or without regard to fault
and which is statutorily
required to be contained in any
liability insurance policy or
equivalent self-insurance.
(I) "Late enrollee" means an eligible employee or
dependent
who enrolls in a small employer's
health
benefit plan other than
during the first period in which
the employee or
dependent is
eligible
to enroll under the plan or during a special enrollment
period described in section 2701(f) of the
"Health
Insurance
Portability and
Accountability
Act of 1996,"
Pub.
L.
No. 104-191,
110
Stat. 1955, 42
U.S.C.A.
300gg, as amended.
(J) "MEWA" means any "multiple employer welfare
arrangement"
as defined in section 3 of the "Federal Employee
Retirement Income
Security Act of 1974," 88 Stat. 832, 29
U.S.C.A. 1001, as amended,
except for any arrangement which is
fully insured as defined in
division (b)(6)(D) of section 514 of
that act.
(K) "Midpoint rate" means, for small employers with
similar
case characteristics and plan designs and as determined
by the
applicable carrier for a rating period, the arithmetic
average of
the applicable base premium rate and the corresponding
highest
premium rate.
(L) "Pre-existing conditions provision" means a policy
provision that
excludes or limits coverage for charges or
expenses
incurred during a specified period following the
insured's
enrollment date as to a
condition for which medical advice,
diagnosis, care, or treatment was recommended or received
during a
specified period immediately preceding the
enrollment date.
Genetic
information shall not be treated as such a
condition in
the absence of a diagnosis of the condition related
to such
information.
For purposes of this division, "enrollment date" means,
with
respect to an individual covered under a group health
benefit
plan, the date of enrollment of the individual in the
plan or, if
earlier, the first day of the waiting period for
such enrollment.
(M) "Service waiting period" means the period of time
after
employment begins before an employee is eligible to be covered for
benefits under the terms of
any applicable health benefit plan
offered by the small employer.
(N)(1) "Small employer"
means, in connection with a
group
health benefit plan and with respect to a calendar year and a plan
year,
an employer who employed an average of at least two but no
more
than fifty
eligible employees on business days during the
preceding calendar year and
who
employs at least two employees on
the first day of the plan year.
(2) For purposes of division (N)(1) of this section,
all
persons treated as a single employer under
subsection (b), (c),
(m),
or (o) of section 414 of the
"Internal
Revenue
Code of 1986,"
100
Stat. 2085, 26
U.S.C.A. 1, as
amended,
shall be considered one
employer. In the case of an employer that was not in existence
throughout the preceding calendar year, the determination of
whether the employer is a small or large employer shall be based
on the average number of eligible employees that it is
reasonably
expected the employer will employ on business days in
the current
calendar year. Any reference in division
(N) of this section to an
"employer" includes any predecessor of the
employer. Except as
otherwise specifically provided, provisions
of sections 3924.01 to
3924.14 of the Revised Code that apply to
a small employer that
has a health benefit plan shall continue to
apply until the plan
anniversary following the date the employer
no longer meets the
requirements of this division.
(O) "OHC plan" means an Ohio
health
care plan, which is the
basic, standard, or carrier
reimbursement plan for small
employers
and individuals
established by the board in accordance with
section 3924.10 of
the Revised Code.
Sec. 3924.06. (A) Compliance with the underwriting and
rating requirements
contained in sections 3924.01 to 3924.14 of
the Revised Code shall be
demonstrated through actuarial
certification. Carriers offering health
benefit plans to small
employers shall file annually with the superintendent
of insurance
an actuarial certification stating that the underwriting and
rating methods of the carrier do all of the following:
(1) Comply with accepted actuarial practices;
(2) Are uniformly applied to health benefit plans covering
small employers;
(3) Comply with the applicable provisions of sections 3924.01
to 3924.14 of
the Revised Code.
(B) If a carrier has established a separate class of business
for one or more small employer health care alliances in accordance
with section 1731.09 of the Revised Code, this section shall apply
in accordance with section 1731.09 of the Revised Code.
(C) Carriers offering health benefit plans to small employers
shall file premium rates with the superintendent in accordance
with section 3923.02 of the Revised Code with respect to the
carrier's sickness and accident insurance policies sold to small
employers and in accordance with section 1751.12 of the Revised
Code with respect to the carrier's health insuring corporation
policies sold to small employers.
Sec. 3924.09. The Ohio health reinsurance
program shall have
the general powers and authority granted under
the laws of the
state to insurance companies licensed to transact
sickness and
accident insurance, except the power to issue
insurance. The board
of directors of the program also shall have
the specific authority
to do all of the following:
(A) Enter into contracts as are necessary or proper to
carry
out the provisions and purposes of sections 3924.07 to
3924.14 of
the Revised Code, including the authority to enter
into contracts
with similar programs of other states for the
joint performance of
common functions, or with persons or other
organizations for the
performance of administrative functions;
(B) Sue or be sued, including taking any legal actions
necessary or proper for recovery of any assessments for, on
behalf
of, or against any program or board member;
(C) Take such legal action as is necessary to avoid the
payment of improper claims against the program;
(D) Design Make recommendations to the superintendent of
insurance regarding the design of the OHC plans which,
when
offered
by a carrier,
are eligible for reinsurance and issue
reinsurance policies
in
accordance with the requirements of
sections 3924.07 to 3924.14
of the Revised Code;
(E) Establish rules, conditions, and procedures pertaining
to
the reinsurance of members' risks by the program;
(F) Establish appropriate rates, rate schedules, rate
adjustments, rate classifications, and any other actuarial
functions appropriate to the operation of the program;
(G) Assess members in accordance with division (G)
of section
3924.11 and the provisions of
section 3924.13 of the Revised Code,
and make such advance
interim assessments as may be reasonable and
necessary for
organizational and interim operating expenses. Any
interim
assessments shall be credited as offsets against any
regular
assessments due following the close of the calendar year.
(H) Appoint members to appropriate legal, actuarial, and
other committees if necessary to provide technical assistance
with
respect to the operation of the program, policy and other
contract
design, and any other function within the authority of
the
program;
(I) Borrow money to effect the purposes of the program.
Any
notes or other evidence of indebtedness of the program not in
default shall be legal investments for carriers and may be
carried
as admitted assets.
(J) Reinsure risks, collect assessments, and otherwise
carry
out its duties under division (G) of section 3924.11 of the
Revised Code;
(K) Study the operation of the Ohio health reinsurance
program and the open
enrollment
reinsurance program and, based on
its findings, make legislative
recommendations to the general
assembly for improvements in the
effectiveness, operation, and
integrity of the programs;
(L) Design Make recommendations to the superintendent
regarding the design of a basic and standard plan for purposes of
sections
1751.16, 3923.122, and 3923.581 of the Revised Code.
Sec. 3924.10. (A) The board of directors of the Ohio health
reinsurance
program shall design may make recommendations to the
superintendent of insurance, and the superintendent may adopt or
amend by rule the
OHC basic, standard, and carrier
reimbursement
plans which, when offered by a
carrier, are eligible for
reinsurance under the program. The board superintendent shall
establish the
form and level of coverage to be made available by
carriers in
their OHC plans. In designing
the The plans the board
shall
also establish include benefit levels, deductibles,
coinsurance factors,
exclusions, and limitations for the plans.
The forms and
levels
of coverage established by the board shall
specify which
components of health benefit plans offered by a
carrier may be reinsured. The OHC
plans are subject
to division
(C) of section 3924.02 of the Revised Code and
to the provisions
in Chapters 1751., 1753., 3923., and any
other
chapter of the
Revised Code that require coverage or the
offer of coverage of a
health care service or benefit.
(B) The board shall adopt the OHC
plans within one
hundred
eighty days after the effective date of this
amendment In adopting
rules relating to the OHC basic and standard plans, the
superintendent may also consider recommendations of the Ohio
health care coverage and quality council established under section
3923.90 of the Revised Code. The plans may include
cost
containment features including any of the following:
(1) Utilization review of health care services, including
review of the medical necessity of hospital and physician
services;
(2) Case management benefit alternatives;
(3) Selective contracting with hospitals, physicians, and
other health care providers;
(4) Reasonable benefit differentials applicable to
participating and nonparticipating providers;
(5) Employee assistance program options that provide
preventive and early intervention mental health and substance
abuse services;
(6) Other provisions for the cost-effective management of
the
plans.
(C) OHC plans
established
for use by health
insuring
corporations shall be
consistent with the basic
method of
operation of such corporations.
(D) Each carrier shall certify to the superintendent of
insurance, in the form and manner prescribed by the
superintendent, that the OHC
plans filed by the carrier
are in
substantial compliance with the provisions of the
board
OHC plans.
Upon receipt by the
superintendent of the
certification, the
carrier may use the certified plans.
(E) Each carrier shall, on and after sixty days after the
date that the program becomes operational and as a condition of
transacting business in this state, renew coverage provided to
any
individual or group under its OHC
plans.
(F) The OHC plans in effect as of June 1, 2009, shall remain
in effect until those plans are amended or new plans are adopted
in accordance with this section.
Sec. 3929.43. (A) The Ohio fair plan underwriting
association is hereby created consisting of all insurers
authorized to write within this state, on a direct basis, basic
property insurance or any component thereof in multi-peril
policies, to assist applicants in urban areas to secure basic
property insurance or homeowners insurance, and to formulate and
administer a program for the equitable apportionment of basic
property insurance or homeowners insurance which cannot be
obtained in the normal market. Every such insurer shall be a
member of the association and shall remain a member as a
condition
of its authority to write any of such insurance in this
state.
(B) The association, pursuant to sections 3929.41 to
3929.49
of the Revised Code, and the plan of operation, with
respect to
basic property insurance or homeowners insurance, may
assume and
cede reinsurance on insurable risks written by its
members.
(C) The board of governors of the association shall submit
to
the superintendent of insurance, for his approval, a proposed
plan
of operation which shall provide for economical, fair, and
nondiscriminatory administration of a program for the equitable
apportionment among members of basic property insurance or
homeowners insurance which may be afforded in urban areas to
applicants whose property is insurable in accordance with
reasonable underwriting standards, but who are unable to procure
such insurance through normal channels. The association is under
no obligation to issue basic property insurance or homeowners
insurance to any person, unless that person and his that
person's
property
would be insurable in the normal insurance market, and
such
property, except for its location, would constitute an
insurable
risk in accordance with reasonable underwriting
standards. The
plan of operation shall provide that the
association, in
determining whether the property is insurable,
shall give no
consideration to the condition of surrounding
property or
properties, where such condition is not within the
control of the
applicant. Rates for basic property insurance and
homeowners insurance shall not exceed
those rates filed with be
subject to the approval of the superintendent by the major rating
organization in this state, except that in the case of homeowners
insurance the association may file deviations to the rating plan
previously filed by such rating organization, and such deviations
shall be subject to the approval of the superintendent in the
same
manner as other deviations under Chapter 3935. of the
Revised
Code. The plan of operation may also provide for
assessment of all
members in amounts sufficient to operate the
association, maximum
limits of liability per location to be
placed through the program,
reasonable underwriting standards for
determining insurability of
a risk, and the commission to be paid
to the licensed producer
designated by the applicant. The
superintendent shall adopt such
plan and all amendments thereto
pursuant to Chapter 119. of the
Revised Code.
If the superintendent disapproves the proposed plan of
operation, the board of governors shall, within fifteen days,
submit for approval an appropriately revised plan of operation
and
if the board of governors fails to do so, or if the revised
plan
submitted is unacceptable, the superintendent shall
promulgate a
plan of operation.
If amendment of the plan of operation is requested by the
superintendent or the board of governors, the board of governors
shall submit to the superintendent, for his approval, such
amendments. If such amendments are not approved by the
superintendent, the board of governors shall, within fifteen
days,
submit for approval an appropriately revised amendment. If
the
board of governors fails to do so, or if the amendment is not
approved by the superintendent, the superintendent shall
promulgate such amendment as he the superintendent finds
necessary.
(D)(1) The plan of operation may provide for periodic
advance
assessments against member insurers in amounts considered
necessary to cover any deficit or projected deficit arising out
of
the operation of the association. Any provision in the plan
for
implementation of such advance assessments shall be approved
by
the superintendent. Any such provision in the plan shall also
provide for quarterly or other periodic installment payment of
such assessments.
(2) Such plan shall provide a method whereby member
insurers
may recoup assessments levied by the association. In
order to
recoup such assessments the plan may also provide for
the
calculation and use of rates or rating factors to be applied
to
direct premiums for basic property insurance and homeowners
insurance located in this state. Such a provision is subject to
the approval of the superintendent. Member insurers of the
association implementing a change in rates pursuant to this
section shall file such changes with the superintendent. Such
changes shall not increase rates more than the amount authorized
by the association and approved by the superintendent pursuant to
the plan. The association may consult with member insurers or
licensed rating bureaus in connection with the establishment and
operation of any such provision.
(E) Any insurer which is a member of the association shall
participate in the writings, expenses, profits, and losses of the
association in the proportion that its premiums written bear to
the aggregate premiums written by all members of the association,
except that this division shall not be construed to preclude the
board of governors from taking action to adjust assessments in
accordance with a program adopted pursuant to division (I) of
this
section.
(F) Such plan shall require the issuance of a binder
providing coverage for which the applicant tenders an amount
equal
to the annual premium as estimated by the association, such
or an
appropriate percentage of that annual premium as determined by the
association. The binder taking shall take effect fifteen days
following the date of
the day after the association receives the
application, provided that the application meets the underwriting
standards of the association, for such term, and under such
conditions as are
determined by the superintendent of insurance.
The
superintendent may alter such time requirement on a specific
risk
under such conditions as he the superintendent finds
appropriate.
(G) The association shall be governed by a board of
governors
consisting of twelve members, four of whom shall be
appointed by
the governor with the advice and consent of the
senate. One of
such members shall be a licensed agent writing
basic property
insurance for more than one insurer. None of the
other three such
members shall be a director, officer, salaried
employee, agent, or
substantial shareholder of any insurance
company and not more than
two of these three members shall be
members of the same political
party. Terms of office of members
appointed by the governor shall
be for two years, commencing on
the nineteenth day of September
and ending on the eighteenth day
of September. Each member shall
hold office from the date of his
appointment until the end of the
term for which he the member
was appointed.
Any member appointed
to fill a vacancy occurring prior to the
expiration of the term
for which his the member's predecessor
was appointed
shall hold
office for the remainder of such term. Any appointed
member shall
continue in office subsequent to the expiration date
of his the
member's term until his the member's
successor takes office, or
until a period
of sixty days has elapsed, whichever occurs first.
The remaining
eight members shall be representatives from member
companies, at
least five of whom shall be Ohio domiciled members,
elected
annually by accumulated voting by members of the
association
whose votes shall be weighed in accordance with each
member's
premiums written during the second preceding calendar
year. Not
more than one insurer in a group under the same
management or
ownership shall serve on the board of governors at
the same time.
The eight representatives of member companies shall
be elected at
a meeting of the members or their authorized
representatives,
which shall be held at a time and place
designated by the
superintendent.
(H) The plan shall be administered under the supervision
of
the superintendent.
(I) The board of governors shall adopt a written program
for
decreasing the overall utilization of the association as a
source
of insurance. The program shall set forth actions that
the board
shall take to decrease such utilization, including
actions
intended to reduce the number of policies issued, the
number of
persons whose properties are insured, and the total
amount and
kinds of insurance written by the association,
provided this
division does not authorize the board to take
action intended to
decrease utilization of the association as a
source of insurance
if such action would substantially conflict
with the purposes set
forth in divisions (A), (B), and (D) of
section 3929.41 of the
Revised Code or the plan of operation of
the association.
Sec. 3929.67. (A) A medical liability insurance policy that
insures a physician or podiatrist, written by or on behalf of the
medical liability underwriting association pursuant to sections
3929.62 to 3929.70 of the Revised Code, may only be cancelled
during the term of the policy for one of the following reasons:
(1) Nonpayment of premiums;
(2) The license of the insured to practice medicine and
surgery, osteopathic medicine and surgery, or podiatric medicine
and surgery has been suspended or revoked;
(3) The insured's failure to meet minimum eligibility and
underwriting standards;
(4) The occurrence of a change in the individual risk that
substantially increases any hazard insured against after the
coverage has been issued or renewed, except to the extent that the
medical liability underwriting association reasonably should have
foreseen the change or contemplated the risk in writing the
policy;
(5) Discovery of fraud or material misrepresentation in the
procurement of insurance or with respect to any claim submitted
thereunder.
(B) A medical liability insurance policy that insures a
hospital, written by or on behalf of the medical liability
underwriting association pursuant to sections 3929.62 to 3929.70
of the Revised Code, may only be cancelled during the term of the
policy for one of the following reasons:
(1) Nonpayment of premiums;
(2) The hospital is not certified or accredited in accordance
with Chapter 3727. of the Revised Code;
(3) An injunction against the hospital has been granted under
section 3727.05 3727.04 of the Revised Code;
(4) The insured's failure to meet minimum eligibility and
underwriting standards;
(5) The occurrence of a change in the individual risk that
substantially increases any hazard insured against after the
coverage has been issued or renewed, except to the extent that the
medical liability underwriting association reasonably should have
foreseen the change or contemplated the risk in writing the
policy;
(6) Discovery of fraud or material misrepresentation in the
procurement of insurance or with respect to any claim submitted
thereunder.
Sec. 3953.23. (A) Every title insurance
agent
shall keep
books of
account and record and vouchers pertaining to
the
business of title insurance
in such manner that the title
insurance company may readily ascertain from
time to time whether
the
agent
has complied with this chapter.
(B)(1) A title insurance
agent
may engage in the
business of
handling escrows of
real property transactions
provided
that
subject to all of the following:
(a) The
agent
shall maintain a separate record of all
receipts and
disbursements
of escrow funds and shall not.
(b) The agent shall deposit funds held in trust at interest
in either of the following accounts:
(i) An account as required in section 3953.231 of the Revised
Code and in accordance with all applicable rules;
(ii) A separate escrow account for the benefit of one or more
parties to the escrow transaction.
(c) The agent shall not commingle
any such
funds with
the
agent's
own funds or with funds
held by
the agent
in any other
capacity; and if.
(d) The agent shall ensure that any person or entity
delegated or assigned by the agent with the responsibility for
handling escrows of real property transactions complies with all
provisions of the Revised Code and any rules that are applicable
to the agent.
(e) If at any
time
the superintendent of
insurance
determines that
an
agent
has failed to comply with any
of the
provisions
of this
section, the
superintendent may revoke
the
license of the
agent
pursuant
to section
3905.14 of the
Revised
Code,
subject to review as
provided for in Chapter 119. of
the
Revised
Code.
(C) All title insurance agents or agencies that handle
escrows in real property transactions not involving the issuance
of title insurance shall have coverage that protects the parties
to such transactions against theft, misappropriation, fraud, or
any other failure to properly disburse settlement, closing, or
escrow funds. The superintendent shall adopt rules under Chapter
119. of the Revised Code setting forth the minimum requirements
for such coverage, including, but not limited to, the minimum
amounts, terms, and conditions of such coverage.
(D) The superintendent shall require every title insurance
agent or agency and any subcontractors to maintain an errors and
omissions policy, in any amount exceeding minimum limits
established by the superintendent, that includes but is not
limited to coverage for the agent's or agency's delegation of any
agent or agency function. The superintendent shall adopt rules
under Chapter 119. of the Revised Code setting forth the minimum
requirements for that coverage, including but not limited to the
minimum amounts, terms, and conditions of the coverage.
Sec. 3953.231. (A)(1) Each title insurance agent or title
insurance company shall establish and maintain an interest-bearing
trust
account for the deposit of all non-directed escrow funds
that meet the
requirements of sections 1349.20 to 1349.22 of the
Revised Code received by the agent to affect an escrow
transaction.
(2) The account established under division (A)(1) of this
section shall be established and maintained in any federally
insured bank, savings and loan association, credit union, or
savings bank that
is authorized to transact business in this state
an eligible depository.
(3) The Each account established under division (A)(1) of
this section shall be in the name of the title insurance agent or
company, and shall be identified as an "interest on trust account"
or
"IOTA." The name of the account may contain additional
identifying
information to distinguish it from other accounts.
(4) The title insurance agent or company establishing the
account shall
submit, in writing, to the superintendent of
insurance the name, account
number, and location of the bank,
savings and loan association, credit union,
or savings bank
eligible depository in which the trust account is maintained.
(B) Each title insurance agent or company shall deposit all
non-directed escrow funds that are nominal in amount or are to be
held for a
short period of time into the account established under
division (A)
of this section no later than the next business day
after receipt.
(C) Each account established under division (A) of this
section shall comply with all of the following:
(1) All funds in the shall be deposited into an IOTA account
product at an eligible depository and shall be subject to
withdrawal or transfer
upon request and without delay, or as soon
as permitted by law;
(2) The rate of interest payable on the account shall not be
less than the
rate paid by the bank, savings and loan, credit
union, or savings bank to its
regular depositors. The rate may be
higher if there is no impairment of the
right to the immediate
withdrawal or transfer of the principal; (a) The approved rate of
interest payable on the account shall equal or exceed the highest
interest rate or dividend paid by the eligible depository on its
account products that are not IOTA account products. The eligible
depository shall pay on its IOTA account product any higher rates
offered by it on its account products that are not IOTA account
products.
(b) In paying not less than the highest interest rate or
dividend paid by the eligible depository on its account products
that are not IOTA account products, an eligible depository shall
do both of the following:
(i) For IOTA accounts with balances of less than one
hundred
thousand dollars, pay a rate that equals or exceeds the
highest
rate paid on its business checking account paying
preferred
interest rates, such as money market or indexed rates,
or any
other similar, suitable interest-bearing account offered by
the
eligible depository on its account products that are not IOTA
account products;
(ii) For IOTA accounts with balances of one hundred
thousand
dollars or more, pay a rate that equals or exceeds the
highest
rate paid on its business checking account with an
automated
investment feature, such as an overnight sweep account,
business
investment or other similar premium checking account,
short-term
jumbo certificate of deposit, money market account, or
any other
similar, suitable interest-bearing account offered by
the
eligible depository on its account products that are not IOTA
account products.
(c) In determining the highest interest rate or dividend paid
by the eligible depository on its account products that are not
IOTA account products, an eligible depository shall consider the
rates it offers its customers from internal rate sheets or through
preferred or negotiated rates on a per customer basis. In
considering the rate for the IOTA account product, the eligible
depository may also take into consideration and discount for
factors such as fees paid by the account-holder, time commitments,
and withdrawal limitations. The eligible depository shall not use
these factors to preclude the consideration of the rates paid on
one or more of its account products that are not IOTA account
products in the eligible depository's establishment of a rate for
the IOTA account product.
(d) If an eligible depository determines that it is unable to
pay the approved rate during any reporting period, the eligible
depository may request from the Ohio legal assistance foundation a
waiver from the approved rate requirement for that reporting
period. If an eligible depository requests a waiver from the
approved rate requirement, the eligible depository shall
demonstrate in the form and manner prescribed in rules adopted by
the Ohio legal assistance foundation pursuant to section 120.52 of
the Revised Code that the rates of interest paid on its IOTA
account product are generally not less than the highest rates
paid by the eligible depository on its account products that are
not IOTA account products. At a minimum, the eligible depository
shall demonstrate by an independent, third-party auditor's
certification that not more than five per cent of the eligible
depository's account products that are not IOTA account products
with an average daily balance of greater than or equal to one
hundred thousand dollars have rates that are higher than the rate
paid on the its IOTA account product during the same reporting
period.
(3) All interest earned on the an account, net of service
charges and other
related charges, established under division
(A)(1) of this section shall be transmitted to the treasurer of
state for deposit in
the legal aid fund established under section
120.52 of the Revised Code. No
part of the interest earned on
funds deposited in an interest-bearing trust account established
under division (A) of this section shall be paid to, or inure to
the benefit of, the title insurance agent or
company, the client
or other person who owns or has a beneficial ownership of the
funds deposited, or any other account, person, or entity other
than in accordance with this section and sections 120.51 to 120.55
of the Revised Code.
(D) The title insurance agent or company establishing an
account
under division (A) of this section shall direct the bank,
savings and
loan association, credit union, or savings bank
eligible depository to do both all of the following:
(1) Remit by the fifteenth day of each month interest or
dividends on the average monthly balance in the
account earned in
the preceding month, or as otherwise computed in accordance with
the standard accounting
practice of the bank, savings and loan
association, credit union, or savings
bank, less reasonable
service charges and other related charges, eligible depository, to
the
treasurer of state at least quarterly for deposit in the legal
aid fund
established under section 120.52 of the Revised Code;
(2) At the time of each remittance, transmit to the treasurer
of state,
and if requested, to the Ohio legal assistance
foundation, and, if requested, to the
title insurance agent or
company, a statement showing the name of the title
insurance agent
or company for whom the remittance is sent, the comparable
accounts or product types and the rates paid as required in
division (C)(2)(b) of this section, the rate of
interest applied,
the accounting period, the net amount remitted to the
treasurer of
state for each account, the total remitted, the average account
balance for each month of the period for which the report is made,
and the
amount deducted for of service charges and other related
charges assessed to and paid by the account holder or other party.
(3) Notify the superintendent or other entity designated by
the superintendent on each occasion when a properly payable
instrument is presented for payment from the account and the
account contains insufficient funds, provide this notice without
regard to whether the instrument is honored by the eligible
depository, provide this notice by electronic or other means
within five banking days of the date that the instrument was
honored or returned as dishonored, and include in the notice all
of the following:
(a) The name and address of the eligible depository;
(b) The name and address of the title insurance agent or
company that maintains the account;
(c) The account number and either the amount of the overdraft
and the date issued or the amount of the dishonored instrument and
the date returned.
(E) The statements and reports submitted by the bank, savings
and
loan association, credit union, or savings bank eligible
depository under this section, are confidential and are not
public
records subject to section 149.43 of the Revised Code and shall be
used only by the Ohio legal assistance foundation to
administer
the legal aid fund and by the superintendent for the enforcement
of this section. If any statement or report submitted by an
eligible depository under this section is used by the
superintendent for the enforcement of this section, that statement
or report may become a public record subject to section 149.43 of
the Revised Code.
(F) No funds belonging to a title insurance agent or company
shall be deposited into an account established under division (A)
of
this section except funds necessary to establish the account or
to pay service charges and other related
charges of the bank,
savings and loan association, credit union, or savings
bank that
are in excess of earnings on the account eligible depository.
(G) No liability arising out of any negligent act or omission
of
any title insurance agent or company with respect to any
account established
under division (A) of this section shall be
imputed to the bank,
savings and loan association, credit union,
or savings bank eligible depository.
(H) No liability or responsibility arising out of any
negligent
act or omission of any title insurance agent with
respect to any account
established under division (A) of this
section shall be imputed to a
title insurance company.
(I) The superintendent may adopt, in accordance with
Chapter
119. of the Revised Code, rules that pertain to the use of
accounts
established under division (A) of this section and to the
enforcement
of this section. Any rules adopted by the
superintendent under this division that pertain to the use of
accounts established under division (A) of this section shall
conform to the provisions of this section, section 3953.23 of the
Revised Code, and any rules adopted by the Ohio legal assistance
foundation pursuant to section 120.52 of the Revised Code.
(I) As used in this section:
(1) "Approved rate" means the minimum allowable rate of
interest payable on an IOTA account product established and
maintained under this section or an IOLTA account product
established and maintained under sections 4705.09 and 4705.10 of
the Revised Code.
(2) "Eligible depository" means a depository or financial
institution that satisfies all of the following requirements:
(a) It voluntarily offers and maintains account products
pursuant to sections 3953.231, 4705.09, and 4705.10 of the Revised
Code and meets the requirements prescribed in those sections and
any rules adopted by the Ohio legal assistance foundation pursuant
to section 120.52 of the Revised Code.
(b) It is a bank, savings bank, or savings and loan
association authorized by federal or state law to do business in
this state and insured by the Federal deposit insurance
corporation or any successor insurance corporation or is a credit
union authorized by federal or state law to do business in this
state and insured by the national credit union administration or
by a credit union share guaranty corporation in this state.
(c) It has been certified by the Ohio legal assistance
foundation as an eligible depository, based on the criterion
provided in sections 120.52, 3953.231, 4705.09, and 4705.10 of the
Revised Code, subject to a dispute resolution process established
by rules adopted by the Ohio legal assistance foundation pursuant
to section 120.52 of the Revised Code.
(3) "Escrow transaction" means a transaction in which a
person, for the purpose of effecting and closing the sale,
purchase, exchange, transfer, encumbrance, or lease of an interest
in commercial or residential real property located in this state
to another person, provides a written instrument or document,
money, negotiable instrument, check, evidence of title to real
property, or anything of value to an escrow or closing agent to be
held by the agent until a specified event occurs or until the
performance of a prescribed condition, at which time the agent
shall deliver it to a specific person in compliance with
applicable instructions by filing that written instrument or
document with the appropriate public entity or by direct tender to
the appropriate person.
(4) "IOTA account product" means a separate and unique
product offered by an eligible depository that is used exclusively
for the deposit of funds transferred electronically or otherwise,
cash, money orders, or negotiable instruments that are received by
a title insurance agent to effect an escrow transaction and fully
complies with the account requirements of sections 120.52,
3953.23, and 3953.231 of the Revised Code.
Sec. 4104.01. As used in sections 4104.01 to 4104.20 and
section 4104.99 of
the Revised Code:
(A) "Board of building standards" or "board" means the board
established by section 3781.07 of the Revised Code.
(B) "Superintendent" means the
superintendent of
the
division
of
industrial compliance labor created by section 121.04 of
the
Revised Code.
(C) "Boiler" means a closed vessel in which water is heated,
steam is generated, steam is superheated, or any combination
thereof, under pressure or vacuum for use externally to itself by
the direct application of heat from the combustion of fuels, or
from electricity or nuclear energy. "Boiler" includes fired
units
for heating or vaporizing liquids other than water where
these
units are separate from processing systems and are complete
within
themselves.
(D) "Power boiler" means a boiler in which steam or other
vapor (to be used externally to itself) is generated at a
pressure
of more than fifteen psig.
(E) "High pressure, high temperature water boiler" means a
water heating boiler operating at pressures exceeding one hundred
sixty psig or temperatures exceeding two hundred fifty degrees
Fahrenheit.
(F) "Low pressure boiler" means a steam boiler operating at
pressures not exceeding fifteen psig, or a hot water heating
boiler operating at pressures not exceeding one hundred sixty
psig
or temperatures not exceeding two hundred fifty degrees
Fahrenheit.
(G) "Pressure vessel" means a
container for the
containment
of pressure, either internal or
external. This
pressure
may be
obtained from an external
source or by the
application of heat
from
a direct or indirect
source
or any
combination thereof.
(H) "Process boiler" means a
boiler to which all of the
following apply:
(1) The steam in the boiler is either
generated or
superheated, or both, under pressure or vacuum for
use external to
itself.
(2) The source of heat for the boiler
is in part or in whole
from a process other than the boiler itself.
(3) The boiler is part of a continuous processing unit, such
as used in
chemical manufacture
or petroleum refining, other than
a steam-generated process
unit.
(I) "Stationary steam engine" means an engine or turbine in
which the mechanical force arising from the elasticity and
expansion action of steam or from its property of rapid
condensation or from a combination of the two is made available as
a motive power.
Sec. 4104.02. The board of building standards shall:
(A) Formulate rules for the construction, installation,
repair, conservation of energy, and operation of
boilers and the
construction and repair of
pressure vessels and for ascertaining
the safe working pressures
to be carried on such boilers and
pressure vessels and
the
qualification of inspectors of boilers
and pressure
vessels;
(B) Prescribe tests, if it is considered necessary, to
ascertain the qualities of materials used in the construction of
boilers and pressure vessels;
(C) Adopt rules regulating the construction and sizes of
safety valves for boilers and pressure vessels of
different sizes
and pressures, for the construction, use, and
location of fusible
plugs, appliances for indicating the pressure
of steam and level
of water in the boiler or pressure
vessels, and such other
appliances as the board considers
necessary to safety in operating
boilers;
(D)
Establish reasonable fees for the performance of
reviews,
surveys, or audits of manufacturer's facilities by the
division of
industrial compliance labor for certification by the
American
society of
mechanical engineers and the national board of
boiler
and pressure
vessel inspectors;
(E) The definitions and rules adopted by the board for the
construction, installation, repair, conservation of
energy, and
operation of boilers and the construction
and repair of pressure
vessels and for
ascertaining the
safe working pressures to be used
on such
boilers and
pressure vessels shall be based upon and
follow generally accepted
engineering standards, formulae, and
practices established and
pertaining to boilers and
pressure
vessel construction,
operation, and safety, and the
board may, for
this purpose, adopt
existing published standards
as well as
amendments thereto
subsequently published by the same
authority.
When a person desires to manufacture a special type of
boiler
or pressure vessel, the design of which is not
covered by
the
rules of the board,
the person shall submit
drawings and
specifications of such boiler or pressure vessel to the
board for
investigation, after which the board may permit its
installation.
The provisions of sections 119.03 and 119.11 of the Revised
Code in particular, and the applicable provisions of Chapter 119.
of the Revised Code in general, shall govern the proceedings of
the board of building standards in adopting, amending, or
rescinding rules pursuant to this section.
Sec. 4104.06.
(A) The inspection of boilers and their
appurtenances and
pressure vessels shall be made by the
inspectors mentioned in sections 4104.07
to 4104.20 of the Revised
Code. The superintendent
of
industrial compliance labor shall
administer and
enforce
such sections and rules adopted by the
board of building
standards pursuant to
section 4104.02 of the
Revised Code.
(B) The superintendent shall adopt, amend, and repeal rules
exclusively for the issuance, renewal, suspension, and revocation
of certificates of competency and certificates of operation, for
conducting hearings in accordance with Chapter 119. of the Revised
Code related to these actions, and for the
inspection of boilers
and their appurtenances, and
pressure vessels.
(C) Notwithstanding division (B) of this section, the
superintendent shall not adopt rules relating to construction,
maintenance, or repair of boilers and their appurtenances, or
repair of pressure vessels.
(D) The superintendent and each general inspector may enter
any premises and any building or room at all reasonable hours to
perform an examination or inspection.
Sec. 4104.07.
(A) An application for examination as an
inspector of boilers and pressure vessels shall be in
writing,
accompanied by a fee of one hundred fifty dollars, upon a blank to
be
furnished by the superintendent of
industrial
compliance
labor.
Any
moneys collected under this section shall be paid
into
the
state
treasury to the credit of the industrial compliance
labor
operating
fund
created in section 121.084 of the Revised
Code.
(B) The superintendent shall determine if an applicant meets
all the
requirements for examination in accordance with rules
adopted by
the board of building standards under section 4104.02
of the
Revised Code. An application shall be rejected which
contains
any willful falsification, or untruthful statements.
(C) An applicant shall be examined by the superintendent,
by
a written
examination, prescribed by the board, dealing with the
construction, installation, operation, maintenance, and repair of
boilers and pressure vessels and their appurtenances, and
the
applicant shall be accepted or rejected on the merits of
the
applicant's
application and examination.
(D) Upon a favorable report by the superintendent of the
result of an
examination, the superintendent shall immediately
issue to the
successful
applicant a certificate of competency to
that effect.
Sec. 4104.08.
(A) The director of commerce may appoint from
the
holders of
certificates of competency provided for in section
4104.07 of the Revised
Code, general inspectors of boilers and
pressure vessels.
(B) Any company authorized to insure boilers and
pressure
vessels against explosion in this state may designate
from holders
of certificates of competency issued by the
superintendent of
industrial compliance labor, or
holders of
certificates of
competency or commissions issued
by
other states
or nations whose
examinations for certificates or
commissions
have
been approved by
the board of building standards,
persons to
inspect and
stamp
boilers and pressure vessels
covered by
the company's policies,
and the superintendent shall
issue to such
persons commissions
authorizing
them to act as
special inspectors.
Special inspectors
shall be compensated by
the company designating
them.
(C) The director of commerce shall establish an annual fee
to
be
charged by the superintendent for each certificate of
competency
or commission
the superintendent issues.
(D) The superintendent shall issue to each
general or
special
inspector a
commission to the effect
that the holder
thereof is
authorized to
inspect boilers and
pressure
vessels
in this state.
(E) No person shall be authorized to act
as a general
inspector or a special inspector who is
directly or
indirectly
interested in the manufacture or sale of
boilers or
pressure
vessels.
Sec. 4104.09. The certificate of competency issued under
section 4104.07 of
the Revised Code or the commission provided for
in section 4104.08 of the
Revised Code may be revoked by the
superintendent of
industrial compliance
labor for the
incompetence
or
untrustworthiness of the holder thereof, or for
willful
falsification of any matter or statement contained in
the
holder's
application
or in a report of any inspection in
accordance with
Chapter 119. of the Revised Code. If a
certificate
or commission
is lost or destroyed, a new certificate
or
commission shall be
issued in its place without another
examination.
Sec. 4104.10. All unfired pressure vessels, except unfired
pressure vessels
exempt under section 4104.04 of the Revised Code,
shall be thoroughly
inspected during fabrication and upon
completion
and shall not
be operated until a copy of the
manufacturers' data report,
properly executed and signed by the
inspector is
filed in the
office of the superintendent of
industrial
compliance labor. All
unfired pressure vessels shall
conform
in every
detail with applicable rules
adopted by the board
of
building
standards pursuant to
section 4104.02 of the Revised
Code.
Sec. 4104.101. (A)
No person shall
install or
make
major
repairs
or modifications
to any boiler
without first registering
to do so with the division
of industrial compliance labor.
(B)
No person shall
make any installation or major repair
or
modification of
any boiler
without first obtaining a permit to
do
so from the division. The permit
application form shall
provide
the name
and address of the owner, location of
the boiler,
and
type of
repair or modification that will be made. The
application
permit
fee shall be fifty one hundred dollars.
(C) The superintendent of
industrial
compliance labor shall
require annual
registration of all contractors
who install, make
major repairs to, or modify
any boiler. The
board of building
standards shall establish a reasonable fee
to
cover the cost of
processing registrations.
Sec. 4104.12. All boilers, except boilers mentioned in
section 4104.04 of the
Revised Code, shall be inspected when
installed and shall not be operated
until an appropriate
certificate of operation has been issued by the
superintendent of
the division of industrial compliance labor. The certificate of
operation required by this section shall not be issued for any
boiler which
has not been thoroughly inspected during construction
and upon completion, by
either a general or special inspector, and
which does not conform in every
detail with the rules adopted by
the board of building standards and unless,
upon completion, such
boiler is distinctly stamped under such rules by such
inspector.
Sec. 4104.15.
(A) All certificates of inspection for
boilers,
issued prior to October 15, 1965, are valid and effective
for the
period set forth in such certificates unless sooner
withdrawn by
the superintendent of
industrial
compliance labor.
The
owner or
user of any such boiler shall obtain an
appropriate
certificate
of operation for such boiler, and shall
not operate
such
boiler, or permit it to be operated
unless a certificate of
operation has been
obtained
in accordance with section 4104.17 of
the Revised Code.
(B) If, upon making the internal and external inspection
required under sections 4104.11, 4104.12, and 4104.13 of the
Revised Code, the inspector finds the boiler to be in safe
working
order, with the fittings necessary to safety, and
properly set up,
upon
the inspector's report to the
superintendent, the
superintendent shall
issue to the owner or user
thereof, or renew,
upon application and upon compliance with
sections 4104.17 and
4104.18 of the Revised Code, a certificate
of operation which
shall state the maximum pressure at which the
boiler may be
operated, as ascertained by the rules of the board
of building
standards. Such certificates shall also state the
name of the
owner or user, the location, size, and number of each
boiler, and
the date of issuance, and shall be so placed as to be
easily read
in the engine room or boiler room of the plant where
the boiler is
located, except that the certificate of operation
for a portable
boiler shall be kept on the premises and shall be
accessible at
all times.
(C) If an inspector at any inspection finds that the boiler
or pressure vessel is
not in safe working condition, or is
not
provided with the
fittings necessary to safety, or if the
fittings
are improperly
arranged,
the inspector shall
immediately
notify
the owner or
user and
person in charge of the
boiler and
shall
report the same to the
superintendent who
may revoke,
suspend, or
deny the
certificate
of operation and not renew the
same until the
boiler
or pressure vessel and its fittings
are put in
condition
to
insure safety of operation, and the owner
or user
shall not
operate the boiler
or pressure vessel,
or permit it to be
operated
until
such certificate has been
granted or restored.
(D) If the superintendent or a general boiler inspector
finds
that a pressure vessel or boiler or a part thereof
poses
an
explosion hazard that reasonably can be regarded as
posing an
imminent danger of death or serious physical harm to
persons, the
superintendent or the general boiler inspector shall
seal the
pressure vessel or boiler and order, in writing,
the
operator or
owner of the pressure vessel or boiler to
immediately cease the
pressure vessel's or boiler's
operation. The order shall be
effective until the nonconformities
are eliminated, corrected, or
otherwise remedied, or for a period
of seventy-two hours from the
time of issuance, whichever occurs
first. During the
seventy-two-hour period, the superintendent may
request that the
prosecuting attorney or city attorney of Franklin
county or of the
county in which the pressure vessel or
boiler is located obtain an
injunction restraining the operator or
owner of the pressure
vessel or boiler from continuing its
operation after the
seventy-two-hour period expires until the
nonconformities are
eliminated, corrected, or otherwise remedied.
(E) Each boiler which has been inspected shall be assigned a
number by the superintendent, which number shall be
stamped on a
nonferrous metal tag
affixed to
the boiler or its fittings by seal
or otherwise. No
person
except an inspector shall deface or
remove
any such number
or
tag.
(F) If the owner or user of any
pressure vessel or
boiler
disagrees with the
inspector as to the necessity for
shutting down
a pressure vessel or boiler or for
making
repairs or alterations
in it, or taking any other measures
for
safety that are requested
by an inspector, the owner or user
may
appeal from the decision of
the inspector to the superintendent,
who may,
after such other
inspection by a general inspector or
special inspector as the
superintendent deems necessary, decide
the issue.
(G) Neither sections 4104.01 to 4104.20 of the
Revised Code,
nor an inspection or report by any inspector, shall
relieve the
owner or user of
a pressure vessel or boiler of
the duty
of using
due care
in the inspection, operation,
and repair of the
pressure
vessel or boiler or of any
liability for damages
for
failure to
inspect, repair, or
operate the
pressure
vessel or boiler safely.
Sec. 4104.16. The owner or user of any boiler required by
sections 4104.01 to
4104.20 of the Revised Code, to be inspected,
shall immediately
notify the superintendent of the division of
industrial compliance labor in
case a defect affecting the safety
of the boiler is discovered.
The owner or user of any stationary boiler required by such
sections to be
inspected, who moves the same, shall report to the
superintendent
the new location of
the boiler. Such boiler shall
be inspected before it is again
operated.
Sec. 4104.17. Certificates of operation issued for boilers
subject to
inspection under Chapter 4104. of the Revised Code
shall be issued and
renewed in accordance with and at dates
prescribed by rules and regulations
adopted by the
superintendent
of industrial compliance labor.
Sec. 4104.18. (A) The owner or user of a boiler required
under section 4104.12 of the Revised Code to be inspected upon
installation, and the owner or user of a boiler for which a
certificate of inspection has been issued which is replaced with
an appropriate certificate of operation, shall pay to the
superintendent of
industrial compliance labor a fee in
the amount
of
forty-five fifty dollars for boilers subject to
annual
inspections
under
section 4104.11
of the Revised Code,
ninety one
hundred
dollars for boilers
subject to biennial inspection
under
section
4104.13 of the
Revised Code,
one hundred thirty-five fifty
dollars
for boilers subject
to
triennial
inspection
under section
4104.11
of the Revised
Code, or
two hundred
twenty-five fifty
dollars for
boilers subject to quinquennial
inspection under
section 4104.13
of the Revised Code.
A renewal fee in the amount of forty-five dollars shall be
paid
to the treasurer of state before
the renewal of any
certificate of
operation.
(B) The fee for complete inspection during construction by
a
general inspector on boilers and pressure vessels
manufactured
within the state shall be thirty-five dollars per
hour. Boiler and
pressure vessel manufacturers other
than
those located in the
state may secure inspection by a
general
inspector on work during
construction, upon application
to the
superintendent, and upon
payment of a fee of thirty-five
dollars
per hour, plus the
necessary traveling and hotel expenses
incurred
by the inspector.
(C)
The application fee for applicants for steam engineer,
high pressure boiler operator, or low pressure boiler operator
licenses is fifty seventy-five dollars. The fee for each original
or
renewal
steam engineer, high pressure boiler operator, or low
pressure
boiler operator license is thirty-five fifty dollars.
(D) The director of commerce, subject to the
approval of the
controlling board, may establish fees in excess
of the fees
provided in divisions (A), (B), and (C) of this section. Any
moneys collected
under
this section shall be paid into the state
treasury to the
credit
of the industrial compliance labor
operating fund
created
in
section
121.084 of the Revised Code.
(E) Any person who fails to pay an
invoiced renewal fee
or
an
invoiced inspection fee required
for any inspection
conducted
by
the division of industrial
compliance labor pursuant to
this
chapter
within forty-five days
of the invoice date shall pay a
late
payment fee equal
to
twenty-five per cent of the
invoiced
fee.
(F) In addition to the fees assessed in divisions (A) and
(B)
of this section, the board of building standards shall assess
the
owner or user a fee of three dollars and twenty-five cents
for
each certificate of operation or renewal thereof issued under
division (A) of this section and for each inspection conducted
under division (B) of this section. The board shall adopt rules,
in accordance with Chapter 119. of the Revised Code, specifying
the manner by which the superintendent shall collect and remit to
the board
the fees assessed under this division and requiring that
remittance of the
fees be made at least quarterly.
Sec. 4104.19. (A) Any person seeking a license to operate as
a
steam engineer, high pressure boiler operator, or low pressure
boiler operator shall file a written application with the
superintendent of industrial compliance labor on a form prescribed
by the
superintendent with
the appropriate application fee as set
forth
in section 4104.18 of
the Revised Code. The application
shall
contain information
satisfactory to the superintendent to
demonstrate that the
applicant meets the requirements of division
(B) of this section.
The application shall be
filed with the
superintendent not more
than sixty days and not
less than thirty
days before the license
examination is offered.
(B) To qualify to take the examination required to obtain a
steam engineer, high pressure boiler operator, or low pressure
boiler operator license, a person shall meet both of the following
requirements:
(1) Be at least eighteen years of age;
(2) Have one year of experience in the operation of steam
engines, high
pressure boilers, or low pressure boilers as
applicable to the type of license being sought, or a combination
of experience and education for the type of license sought as
determined to be acceptable by the superintendent.
(C) No applicant shall qualify to take an examination or to
renew a license if the applicant has violated this chapter or if
the applicant has obtained or renewed a license issued under this
chapter by fraud, misrepresentation, or deception.
(D) The superintendent shall issue a license to each
applicant who receives a passing score on the examination, as
determined by the superintendent, for the license for which the
applicant applied.
(E) The superintendent may select and contract with one or
more persons to do all of the following relative to the
examinations for a license to operate as a steam engineer, high
pressure boiler operator, or low pressure boiler operator:
(1) Prepare, administer, score, and maintain the
confidentiality of the examination;
(2) Maintain responsibility for all expenses required to
fulfill division (E)(1) of this section;
(3) Charge each applicant a fee for administering the
examination, in an amount authorized by the superintendent;
(4) Design the examination for each type of license to
determine an applicant's competence to operate the equipment for
which the applicant is seeking licensure.
(F) Each license issued under this chapter expires one year
after the date of issue. Each person holding a valid, unexpired
license may renew the license, without reexamination, by applying
to the superintendent not more than ninety days before the
expiration of the license, and submitting with the application the
renewal fee established in section 4104.18 of the Revised Code.
Upon receipt of the renewal information and fee, the
superintendent shall issue the licensee a certificate of renewal.
(G) The superintendent, in accordance with Chapter 119. of
the Revised Code, may suspend or revoke any license, or may refuse
to issue a license under this chapter upon finding that a licensee
or an applicant for a license has violated or is violating the
requirements of this chapter.
Sec. 4104.21. On receipt of a notice pursuant to section
3123.43 of the Revised Code, the
superintendent of industrial
compliance labor shall comply
with
sections 3123.41 to 3123.50 of
the
Revised Code and any
applicable rules adopted under
section
3123.63 of the Revised Code
with respect to a certificate
or
license issued pursuant
to this
chapter.
Sec. 4104.33. There is hereby created the historical boilers
licensing board consisting of seven members, three of whom shall
be appointed by the governor with the advice and consent of the
senate. The governor shall make initial appointments to the board
within ninety days after
the effective date of this section
October 24, 2002. Of
the initial members appointed by the
governor, one shall be for a
term ending three years after
the
effective date of this section
October 24, 2002,
one shall be for
a term ending four years after
the effective date
of this section
October 24, 2002, and one shall be for a term ending five years
after
the effective date of this section
October 24, 2002.
Thereafter, terms of
office shall be for five years, each term
ending on the same day
of the same month of the year as did the
term that it succeeds.
Of
the three members the governor appoints,
one member shall be an
employee of the division of boiler
inspection in the department of
commerce; one member shall be an
independent mechanical engineer
who is not involved in selling or
inspecting historical boilers;
and one shall be an active member
of an association that
represents managers of fairs or festivals.
Two members of the board shall be appointed by the president
of the senate and two members of the board shall be appointed by
the speaker of the house of representatives. The president and
speaker shall make initial appointments to the board within ninety
days after
the effective date of this section
October 24, 2002. Of
the initial
members appointed by the president, one shall be for a
term ending
four years after
the effective date of this section
October 24, 2002 and one shall
be for a term ending five years
after
the effective date of this
section
October 24, 2002. Of the
initial members appointed by the speaker, one
shall be for a term
ending three years after
the effective date of
this section
October 24, 2002 and one shall be for a term ending five years
after
the effective date of this section
October 24, 2002.
Thereafter, terms of office
shall be for five years, each term
ending on the same day of the
same month of the year as did the
term that it succeeds. Of the
four
members appointed by the
president and speaker, each shall
own a historical boiler and also
have at least ten years of
experience in
the operation of
historical boilers, and each of
these four
members shall reside in
a different region of the
state.
Each member shall hold office from the date of the member's
appointment until the end of the term for which the member was
appointed. Members may be reappointed. Vacancies shall be filled
in the manner provided for initial appointments. Any member
appointed to fill a vacancy occurring prior to the expiration date
of the term for which the member's predecessor was appointed shall
hold office as a member for the remainder of that term. A member
shall continue in office subsequent to the expiration date of the
member's term until the successor takes office or until a period
of sixty days has elapsed, whichever occurs first.
The members of the board, annually, shall elect, by
majority
vote, a chairperson from among their members. The board
shall
meet
at least once annually and at other times at the call
of the
chairperson. Board members shall receive their actual and
necessary expenses incurred in the discharge of their duties as
board members.
The superintendent of the division of industrial compliance
labor shall furnish office space, staff, and supplies to the board
as
the superintendent determines are necessary for the board to
carry
out its official duties under sections 4104.33 to 4104.37 of
the
Revised Code.
Sec. 4104.42. (A) The owner of any power piping or process
piping system shall ensure that all of the following are performed
in compliance with applicable sections of the B31 standards
contained in the code for pressure piping, published by the
American society of mechanical engineers:
(1) The design, fabrication, assembly, installation, testing,
examination, and inspection of power and process piping systems;
(2) Qualification of personnel and qualification of welding
and brazing procedures;
(3) The implementation of an inspection program.
(B) The owner of a power piping or process piping system
shall do both of the following:
(1) Maintain for five years complete records documenting the
design, examination, and testing of the piping system that include
all of the following:
(a) The specific edition of the code for pressure piping used
in the design;
(b) The design assumptions;
(c) The calculations, piping material specifications, and
construction documents for the piping;
(d) The records of piping alterations;
(e) The piping examination and inspection records.
(2) Disclose the types and quantities of flammable,
combustible, or hazardous materials proposed to be used in the
facility to the building and fire code enforcement authorities who
have inspection authority to enable those authorities to determine
compliance with the rules the board of building standards adopts
pursuant to section 3781.10 of the Revised Code and the rules the
state fire marshal adopts pursuant to section 3737.82 of the
Revised Code.
(C) No person or state agency shall require that the records
described in division (B)(1) of this section be submitted to the
division of industrial compliance labor in the department of
commerce or to a certified building department for approval.
(D) Nothing in this section limits the application of
Chapters 4703. and 4733. of the Revised Code.
Sec. 4104.43. (A)(1) The board of building standards shall
adopt rules establishing requirements for the design,
installation, inspection of and design review procedure for
building services piping.
(2) The board of building standards shall adopt rules
establishing requirements for the design, installation, inspection
of and design review procedure for nonflammable medical gas,
medical oxygen, and medical vacuum piping systems.
(B) A municipal, township, or county building department
certified under division (E) of section 3781.10 of the Revised
Code shall enforce the rules the board adopts pursuant to division
(A)(2) of this section if that building department requests and
obtains special certification to enforce those rules.
(C) In a health district where no municipal, township, or
county building department is specially certified under division
(B) of this section, an employee of the health district shall
enforce the rules adopted pursuant to division (A)(2) of this
section if both of the following conditions are satisfied:
(1) The health district employee requests and obtains special
certification by the board to enforce those rules.
(2) The health district notifies the superintendent of the
division of industrial compliance labor in the department of
commerce that the health district's specially certified employee
shall enforce those rules.
(D) In a jurisdiction where enforcement authority as
described in divisions (B) and (C) of this section does not exist,
the superintendent of the division of industrial compliance labor
shall enforce the rules the board adopts pursuant to division
(A)(2) of this section.
Sec. 4104.44. All welding and brazing of metallic piping
systems shall be performed in accordance with section IX of the
boiler and pressure vessel code, published by the American society
of mechanical engineers. The owner shall maintain, at the job
site, the certified performance qualification records of all
welders and brazers employed at the facility. The owner shall
submit copies of all certified welding and brazing procedure
specifications, procedure qualification records, and performance
qualification records for building services piping for review to
the superintendent of the division of industrial compliance labor
in the department of commerce in accordance with rules the
superintendent adopts. The submission shall be accompanied by the
fee the superintendent establishes.
Sec. 4104.48. (A) No person shall violate
sections
4104.41
to
4104.48 of the
Revised
Code, fail to perform
any duty
lawfully
enjoined in connection with those sections, or
fail to
comply with
any order issued by the superintendent of the
division of
industrial compliance labor or any judgment or decree
issued
by
any court in connection with the enforcement of
sections
4104.41
to
4104.48 of the
Revised
Code.
(B) Every day during
which a person violates sections
4104.41
to
4104.48 of the
Revised
Code, fails to perform
any duty
lawfully
enjoined in connection with those sections, or
fails to
comply
with any order issued by the superintendent of the
division of
industrial compliance or any judgment or decree
issued
by any
court in connection with the enforcement of
sections
4104.41 to
4104.48 of the
Revised
Code constitutes a
separate
offense.
Sec. 4105.01. As used in this chapter:
(A) "Elevator" means a hoisting and lowering apparatus
equipped with a car, cage, or platform which moves on or between
permanent rails or guides and serves two or more fixed landings
in
a building or structure to which section 3781.06 of the Revised
Code applies.
"Elevator" includes dumb-waiters other than
hand-powered
dumb-waiters, escalators,
manlifts
peoplelifts,
moving walks, of
the endless
belt type,
other lifting or lowering
apparatus
permanently installed on or
between rails or guides, and
all
equipment, machinery, and
construction related to any
elevator;
but does not include
construction hoists and other
similar
temporary lifting or
lowering apparatuses, ski lifts,
traveling,
portable amusement
rides or devices that are not
affixed to a
permanent foundation,
or nonportable amusement rides
or devices
that are affixed to a
permanent foundation.
(B) "Passenger elevator" means an elevator that is
designed
to carry persons to its contract capacity.
(C) "Freight elevator" means an elevator normally used for
carrying freight and on which only the operator and employees in
the pursuit of their duties, by the permission of the employer,
are allowed to ride.
(D) "Gravity elevator" means an elevator utilizing gravity
to
move.
(E) "General inspector" means a state inspector examined
and
hired to inspect elevators and lifting apparatus for that
state.
(F) "Special inspector" means an inspector examined and
commissioned by the superintendent of the division of
industrial
compliance labor to inspect elevators and lifting apparatus in the
state.
(G) "Inspector" means either a general or special
inspector.
Sec. 4105.02. No person may act, either as a general
inspector or as a special inspector, of elevators, unless he the
person
holds a certificate of competency from the division of
industrial compliance labor.
Application for examination as an inspector of elevators
shall be in writing, accompanied by a fee to be established as
provided in section 4105.17 of the Revised Code, and upon a blank
to be furnished by the division, stating the school
education
of
the applicant, a list of his the applicant's employers,
his the
applicant's period of
employment, and the position held with each.
An applicant shall
also submit a letter from one or more of his
the applicant's
previous employers
certifying as to his the
applicant's character and experience.
Applications shall be rejected which contain any willful
falsification or untruthful statements. An applicant, if the
division considers his the applicant's history and experience
sufficient, shall be
examined by the superintendent of the
division of industrial
compliance labor by a
written examination
dealing with
the construction, installation, operation,
maintenance, and
repair of elevators and their appurtenances, and
the applicant
shall be accepted or rejected on the merits of his
the
applicant's application
and examination.
The superintendent shall issue a certificate of competency
in
the inspection of elevators to any applicant found competent upon
examination. A rejected applicant shall be entitled, after the
expiration of ninety days and upon payment of an examination fee
to be established as provided in section 4105.17 of the Revised
Code, to another examination. Should an applicant fail to pass
the
prescribed examination on second trial, he the applicant
will not
be
permitted to be an applicant for another examination for a
period
of one year after the second examination.
Sec. 4105.03. The superintendent of the division of
industrial compliance labor, with the consent of the director of
commerce,
shall hire an assistant who has at least ten years of
experience in
the construction, installation,
maintenance, and
repair of elevators and their appurtenances.
The superintendent, with the consent of the director of
commerce, and in
compliance with Chapter 124. of the Revised Code,
may
appoint and hire general inspectors of elevators from the
holders of
certificates of competency.
Sec. 4105.04. From the holders of certificates of competency
in the
inspection of elevators, any company that is authorized to
insure
elevators
in the state, may designate persons to inspect
elevators covered by such
company's policies, and the department
of public safety of any city and the
clerk of any village may
designate persons to inspect elevators in such city
or village.
Such persons shall, upon the payment of a fee to be established
as
provided in section 4105.17 of the Revised Code, have issued to
them
annually by the division of industrial compliance labor,
commissions to serve as
special inspectors of elevators in the
state.
Sec. 4105.05. A commission to serve as a special inspector
may
be suspended or revoked by the superintendent of the division
of industrial
compliance labor, for the incompetence or
untrustworthiness of the holder thereof,
or for the falsification
of any matter or statement contained in his
the holder's
application or in a report of any inspection.
Sec. 4105.06. If a certificate or commission issued under
sections 4105.02
and 4105.04 of the Revised Code is lost or
destroyed a new one shall be issued
in its place by the division
of industrial
compliance labor without another
examination, upon
the payment of a fee to be established as provided in
section
4105.07 of the Revised Code.
Sec. 4105.09. The owner or user of any elevator shall
register, with the
division of industrial compliance labor, every
elevator operated by him
the owner or user, giving the
type,
capacity, and description, name of manufacturer, and purpose for
which
each is used. Such registration shall be made on a form to
be furnished by
the division.
Sec. 4105.11. The inspection of elevators shall be made by
the inspectors
authorized in sections 4105.03 and 4105.04 of the
Revised Code, under the
supervision of the superintendent of the
division of industrial compliance labor,
and the superintendent
shall enforce this chapter and any rules adopted
pursuant thereto.
Every inspector shall forward to the superintendent a full
and complete report
of each inspection made of any elevator and
shall, on the day the inspection
is completed, leave a copy of
such report with the owner or operator of the elevator, or his the
owner's or operator's agent or
representative. Such report shall
indicate the exact condition of the
elevator and shall list any
and all of the provisions of this chapter and any
rules adopted
pursuant thereto, with which the elevator
does not comply. Before
attempting to enforce, by any remedy, civil or
criminal, the
provisions with which the inspected elevator does not comply,
the
chief shall issue an adjudication order within the meaning of
Chapter 119.
of the Revised Code.
The approval of construction plans, or an application of
specifications under
section 4105.16 of the Revised Code is a
license, and the failure to approve
such plans or specifications
by the chief within sixty days after they are
filed is an
adjudication order denying the issuance of a license.
Every adjudication order shall specify what appliances, site
preparations,
additions, repairs, or alterations to any elevators,
plans, materials,
assemblages, or procedures are necessary for the
same to comply with
this chapter, or any rules adopted pursuant
thereto. Such
adjudication order shall be issued pursuant to
Chapter 119. of the Revised
Code and shall be effective without
prior hearing, within thirty days after
the receipt of such order,
the owner of the elevator specified therein may
appeal to the
board of building appeals under section 3781.19 of the Revised
Code.
Notwithstanding the provisions of Chapter 119. of the Revised
Code relating to
adjudication hearings, a stenographic or
mechanical record of the testimony
and other evidence submitted
before the board of building appeals shall be
taken at the expense
of the agency. A party adversely affected by an order
issued
following such adjudication hearing may appeal to the court of
common
pleas of the county in which he the party is a resident or
in
which the elevator
affected by such order is located. The court
in such case shall not be
confined to the record as certified to
it by the agency, but any party may
produce additional evidence
and the court shall hear the matter upon such
record and such
additional evidence as is introduced by any party. The court
shall
not affirm the order of the agency unless the preponderance of the
evidence before it supports the reasonableness and lawfulness of
such order,
and of any rules upon which the order of the agency is
based in its
application to the facts involved in the appeal.
Failure to comply with the requirements of any order issued
pursuant to this
section or the continued operation of any
elevator after it has been sealed
pursuant to section 4105.21 of
the Revised Code is hereby declared a public
nuisance.
Sec. 4105.12. (A) The superintendent of the division of
industrial
compliance
labor shall adopt, amend, and repeal rules
exclusively for the issuance, renewal,
suspension, and revocation
of certificates of competency and certificates of
operation, for
the conduct of hearings related to these actions, and for
the
inspection of elevators.
(B) Notwithstanding division (A) of this section, the
superintendent shall not adopt rules relating to construction,
maintenance, and repair of
elevators.
Sec. 4105.13. Every elevator shall be constructed,
equipped,
maintained, and operated, with respect to the
supporting members,
elevator car, shaftways, guides, cables,
doors, and gates, safety
stops and mechanism, electrical
apparatus and wiring, mechanical
apparatus, counterweights, and
all other appurtenances, in
accordance with state laws and
rules as are authorized in respect
thereto. Where
reasonable safety is obtained without complying to
the literal
requirements of such rules as in cases of practical
difficulty or unnecessary hardship, the literal requirements of
such rules shall not be required. The superintendent of the
division of
industrial compliance labor may permit the
installation of vertical wheelchair lifts
in public buildings to
provide for
handicapped accessibility where such lifts do not meet
the
literal requirements of the rules adopted by the board of
building standards pursuant to section 4105.011 of the Revised
Code, provided that reasonable safety may be obtained.
Sec. 4105.15. No certificate of operation for any elevator
shall be issued
by the director of commerce until such elevator
has been inspected as
required by this chapter.
Certificates of
operation shall be renewed by the owner or user of the
elevator
in
accordance with rules adopted by the superintendent of the
division of
industrial compliance labor pursuant to section
4105.12
of the Revised Code.
Sec. 4105.16. Before any new installation of an elevator of
permanent nature
is erected or before any existing
elevator is
removed to
and installed in a different
location, an
application
of specifications in duplicate shall be submitted to
the division
of industrial compliance labor giving such information
concerning
the
construction, installation, and operation of said
elevator as
the
division may
require on forms to be furnished by
the division,
together with complete
construction plans in
duplicate. In all
cases where any changes or repairs
are made
which alter its
construction of classification, grade or rated
lifting capacity,
except when made pursuant to a report of an
inspector, an
application of specifications in duplicate shall be
submitted to
the division,
containing such information, or
approval, except in
those municipal
corporations which maintain
their own elevator
inspection departments, in
which event such
specifications shall
be submitted to the elevator department
of
the municipal
corporation for its approval, and if approved, a
permit for
the
erection or repair of such elevator shall be issued
by the
municipal
corporation. Upon approval of such application
and
construction plans,
the
superintendent of
industrial compliance
labor shall issue a
permit for the
erection or
repair of such
elevator.
No new elevator shall be operated until
completion in
accordance
with the approved plans and
specifications, unless a
temporary
permit is granted by the
division.
The final inspection, before operation, of a permanent, new
or repaired
elevator
shall be made by a general inspector
or a
special inspector
designated
by the superintendent.
Sec. 4105.17. (A) The fee for
each inspection, or
attempted
inspection that, due to no fault of a general inspector
or the
division of
industrial compliance labor, is not successfully
completed,
by a general
inspector
before the operation of
a
permanent new
elevator prior to the issuance of a certificate of
operation,
before operation of an elevator being put back into
service after
a repair or after an adjudication under section
4105.11 of the
Revised Code, or as a result of the operation of
section
4105.08
of the Revised Code and is an elevator required
to be
inspected
under this
chapter is
one hundred twenty dollars
plus
ten dollars
for each
floor where
the elevator stops. The
superintendent
of
industrial
compliance labor may assess
an
additional fee of one hundred
twenty-five
twenty dollars plus five
ten dollars for each floor
where an
elevator stops
for the
reinspection of an elevator when a
previous
attempt to
inspect
that elevator has been unsuccessful
through no
fault of a
general
inspector or the division of
industrial
compliance.
(B) The fee for each inspection, or attempted inspection,
that due to no fault of the general inspector or the division of
industrial compliance, is not successfully completed by a general
inspector before operation of a permanent new escalator or moving
walk prior to the issuance of a certificate of operation, before
operation of an escalator or moving walk being put back in service
after a repair, or as a result of the operation of section 4105.08
of the Revised Code is three hundred dollars. The superintendent
of the division of industrial compliance may assess an additional
fee of one hundred fifty dollars for the reinspection of an
escalator or moving walk when a previous attempt to inspect that
escalator or moving walk has been unsuccessful through no fault of
the general inspector or the division of industrial compliance.
(C) The
fee for issuing or renewing a
certificate of
operation under
section 4105.15 of the Revised
Code
for an
elevator that is inspected every six months in accordance with
division (A) of section 4105.10 of the Revised Code is
two
hundred
twenty dollars
plus ten twelve dollars for each floor where the
elevator stops, except where the elevator has been inspected by a
special inspector in accordance with section 4105.07 of the
Revised Code.
(D) The fee for issuing or renewing a certificate of
operation under section 4105.05 of the Revised Code for an
elevator that is inspected every twelve months in accordance with
division (A) of section 4105.10 of the Revised Code is fifty-five
dollars plus ten dollars for each floor where the elevator stops,
except where the elevator has been inspected by a special
inspector in accordance with
section 4105.07 of the Revised Code.
(E) The fee for issuing or renewing a certificate of
operation under section 4105.15 of the Revised Code for an
escalator or moving walk is three hundred dollars, except where
the escalator or moving walk has been inspected by a special
inspector in accordance section 4105.07 of the Revised Code.
(F) All other fees to be charged for any examination
given
or
other service performed by the division of industrial
compliance
pursuant to this chapter shall be prescribed by
the
director of
commerce. The fees shall be reasonably
related to the
costs
of
such examination or other service.
(G) The
director of commerce,
subject to the
approval
of
the
controlling board, may establish
fees in excess
of the fees
provided in
divisions (A),
(B), (C), (D), and (E) of this section.
Any moneys
collected under
this section shall be paid into the
state
treasury
to the credit
of the industrial compliance
labor
operating fund
created
in section
121.084 of the Revised Code.
(H) Any person who fails to pay an inspection fee
required
for any inspection conducted by the division pursuant to
this
chapter within forty-five days after the inspection is
conducted
shall pay a late payment fee equal to twenty-five per
cent of the
inspection fee.
(I) In addition to the
fees assessed in
divisions (A),
(B),
(C), (D), and (E) of
this
section, the board of
building standards
shall assess a fee
of
three dollars and
twenty-five cents for each
certificate of
operation or renewal
thereof issued under
divisions
(A), (B), (C), (D), or (E) of this
section and for each
permit
issued under section
4105.16 of the
Revised Code. The
board shall
adopt rules, in
accordance with
Chapter 119. of the
Revised Code,
specifying the
manner by which
the superintendent
of
industrial
compliance shall
collect
and remit to
the board the
fees assessed
under this
division and
requiring that
remittance
of the fees be
made at
least quarterly.
(J) For purposes of this section:
(1) "Escalator" means a power driven, inclined, continuous
stairway used for raising or lowering passengers.
(2) "Moving walk" means a passenger carrying device on
which
passengers stand or walk, with a passenger carrying surface
that
is uninterrupted and remains parallel to its direction of
motion.
Sec. 4105.191. Any person owning or operating any elevator
subject to this chapter shall file a written report with the
superintendent of
the division of industrial compliance labor
within seventy-two hours after the
occurrence of any accident
involving such elevator which results in death or
bodily injury to
any person.
Sec. 4105.20. No person shall violate any law relative to
the operation,
construction, maintenance, and repair of elevators.
All fines collected for
violation of this section shall be
forwarded to the superintendent of the
division of industrial
compliance labor, who shall pay them into the state treasury
to
the credit of the industrial compliance labor operating fund
created in section
121.084 of the Revised Code.
Sec. 4105.21. The superintendent of the division of
industrial compliance labor shall enforce this chapter. If the
superintendent or a
general inspector of elevators finds that an
elevator
or a part thereof does not afford reasonable safety as
required by section
4105.13 of the Revised Code, the
superintendent or the general
inspector may seal such elevator and
post a notice thereon prohibiting further
use of the elevator
until the changes or alterations set forth in the notice have been
made to the
satisfaction of the superintendent or the inspector.
The notice shall contain
a statement that operators or passengers
are subject to injury by its
continued use, a description of the
alteration or other change necessary to be
made in order to secure
safety of operation, date of such notice, name and
signature of
the superintendent or inspector issuing the notice.
Sec. 4112.01. (A) As used in this chapter:
(1) "Person" includes one or more individuals,
partnerships,
associations, organizations, corporations, legal
representatives,
trustees, trustees in bankruptcy, receivers, and
other organized
groups of persons. "Person" also includes, but
is not limited to,
any owner, lessor, assignor, builder, manager,
broker,
salesperson, appraiser, agent, employee,
lending
institution, and
the state and all political subdivisions,
authorities, agencies,
boards, and commissions of the state.
(2) "Employer" includes the state, any political
subdivision
of the state, any person employing four or more
persons within the
state, and any person acting directly or
indirectly in the
interest of an employer.
(3) "Employee" means an individual employed by any
employer
but does not include any individual employed in the
domestic
service of any person.
(4) "Labor organization" includes any organization that
exists, in whole or in part, for the purpose of collective
bargaining or of dealing with employers concerning grievances,
terms or conditions of employment, or other mutual aid or
protection in relation to employment.
(5) "Employment agency" includes any person regularly
undertaking, with or without compensation, to procure
opportunities to work or to procure, recruit, refer, or place
employees.
(6) "Commission" means the Ohio civil rights commission
created by section 4112.03 of the Revised Code.
(7) "Discriminate" includes segregate or separate.
(8) "Unlawful discriminatory practice" means any act
prohibited by section 4112.02, 4112.021, or 4112.022 of the
Revised Code.
(9) "Place of public accommodation" means any inn,
restaurant, eating house, barbershop, public conveyance by air,
land, or water, theater, store, other place for the sale of
merchandise, or any other place of public accommodation or
amusement of which the accommodations, advantages, facilities, or
privileges are available to the public.
(10) "Housing accommodations" includes any building or
structure, or portion of a building or structure, that is used or
occupied or is intended, arranged, or designed to be used or
occupied as the home residence, dwelling, dwelling unit, or
sleeping place of one or more individuals, groups, or families
whether or not living independently of each other; and any vacant
land offered for sale or lease. "Housing accommodations" also
includes any housing accommodations held or offered for sale or
rent by a real estate broker, salesperson, or agent, by
any other
person pursuant to authorization of the owner, by the owner, or
by
the owner's legal representative.
(11) "Restrictive covenant" means any specification
limiting
the transfer, rental, lease, or other use of any housing
accommodations because of race, color, religion, sex, military
status, familial
status, national origin, disability, or ancestry,
or
any
limitation
based upon affiliation with or approval by any
person,
directly
or indirectly, employing race, color, religion,
sex, military status,
familial
status, national origin,
disability, or ancestry as a
condition of
affiliation or approval.
(12) "Burial lot" means any lot for the burial of deceased
persons within any public burial ground or cemetery, including,
but not limited to, cemeteries owned and operated by municipal
corporations, townships, or companies or associations
incorporated
for cemetery purposes.
(13) "Disability" means a physical or mental
impairment
that
substantially limits one or more major life activities, including
the functions of caring for one's self, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, and
working; a record of a physical or mental impairment; or being
regarded as having a physical or mental impairment.
(14) Except as otherwise provided in section 4112.021 of
the
Revised Code, "age" means at least forty years old.
(15) "Familial status" means either of the following:
(a) One or more individuals who are under eighteen years
of
age and who are domiciled with a parent or guardian having
legal
custody of the individual or domiciled, with the written
permission of the parent or guardian having legal custody, with a
designee of the parent or guardian;
(b) Any person who is pregnant or in the process of
securing
legal custody of any individual who is under eighteen
years of
age.
(16)(a) Except as provided in division (A)(16)(b) of this
section, "physical or mental impairment" includes any of the
following:
(i) Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the
following body systems: neurological; musculoskeletal; special
sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary; hemic
and
lymphatic; skin; and endocrine;
(ii) Any mental or psychological disorder, including, but
not
limited to, mental retardation, organic brain syndrome,
emotional
or mental illness, and specific learning disabilities;
(iii) Diseases and conditions, including, but not limited
to,
orthopedic, visual, speech, and hearing impairments, cerebral
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, human immunodeficiency virus
infection, mental retardation, emotional illness, drug addiction,
and alcoholism.
(b) "Physical or mental impairment" does not include any
of
the following:
(i) Homosexuality and bisexuality;
(ii) Transvestism, transsexualism, pedophilia,
exhibitionism,
voyeurism, gender identity disorders not resulting
from physical
impairments, or other sexual behavior disorders;
(iii) Compulsive gambling, kleptomania, or pyromania;
(iv) Psychoactive substance use disorders resulting from
the
current illegal use of a controlled substance
or the current
use
of alcoholic beverages.
(17) "Dwelling unit" means a single unit of residence for
a
family of one or more persons.
(18) "Common use areas" means rooms, spaces, or elements
inside or outside a building that are made available for the use
of residents of the building or their guests, and includes, but
is
not limited to, hallways, lounges, lobbies, laundry rooms,
refuse
rooms, mail rooms, recreational areas, and passageways
among and
between buildings.
(19) "Public use areas" means interior or exterior rooms
or
spaces of a privately or publicly owned building that are made
available to the general public.
(20) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code.
(21) "Disabled tenant" means a tenant or prospective
tenant
who is a person with a disability.
(22) "Military status" means a person's status in "service in
the uniformed services" as defined in section 5923.05 of
the
Revised Code.
(23) "Aggrieved person" means both of the following:
(a) Any person who claims to have been injured by, or who
believes that the person will be injured by, any unlawful
discriminatory practice described in division (H) of section
4112.02 of the Revised Code;
(b) Any individual, fair housing enforcement organization as
defined in 42 U.S.C. 3616a, other private nonprofit fair housing
enforcement organization, or nonprofit group performing
investigations and enforcement activities designed to identify,
eliminate, and remedy the unlawful discriminatory practices
described in division (H) of section 4112.02 of the Revised Code.
(B) For the purposes of divisions (A) to (F) of section
4112.02 of the Revised Code, the terms "because of sex" and "on
the basis of sex" include, but are not limited to, because of or
on the basis of pregnancy, any illness arising out of and
occurring during the course of a pregnancy, childbirth, or
related
medical conditions. Women affected by pregnancy,
childbirth, or
related medical conditions shall be treated the
same for all
employment-related purposes, including receipt of
benefits under
fringe benefit programs, as other persons not so
affected but
similar in their ability or inability to work, and
nothing in
division (B) of section 4111.17 of the Revised Code
shall be
interpreted to permit otherwise. This division shall
not be
construed to require an employer to pay for health
insurance
benefits for abortion, except where the life of the
mother would
be endangered if the fetus were carried to term or
except where
medical complications have arisen from the abortion,
provided that
nothing in this division precludes an employer from
providing
abortion benefits or otherwise affects bargaining
agreements in
regard to abortion.
Sec. 4112.04. (A) The commission shall do all of the
following:
(1) Establish and maintain a principal office in the city
of
Columbus and any other offices within the state that it
considers
necessary;
(2) Appoint an executive director who shall serve at the
pleasure of the commission and be its principal administrative
officer. The executive director shall be paid a salary fixed
pursuant to Chapter 124. of the Revised Code.
(3) Appoint hearing examiners and other employees and
agents
who it considers necessary and prescribe their duties
subject to
Chapter 124. of the Revised Code;
(4) Adopt, promulgate, amend, and rescind rules to
effectuate
the provisions of this chapter and the policies and
practice of
the commission in connection with this chapter;
(5) Formulate policies to effectuate the purposes of this
chapter and make recommendations to agencies and officers of the
state or political subdivisions to effectuate the policies;
(6) Receive, investigate, and pass upon written charges
made
under oath of unlawful discriminatory practices;
(7) Make periodic surveys of the existence and effect of
discrimination because of race, color, religion, sex, military
status, familial
status, national origin, disability, age, or
ancestry
on the
enjoyment of civil rights by persons within the
state;
(8) Report, from time to time, but not less than once a
year,
to the general assembly and the governor, describing in
detail the
investigations, proceedings, and hearings it has
conducted and
their outcome, the decisions it has rendered, and
the other work
performed by it, which report shall include a copy
of any surveys
prepared pursuant to division (A)(7) of this
section and shall
include the recommendations of the commission
as to legislative or
other remedial action;
(9) Prepare a comprehensive educational program, in
cooperation with the department of education, for the students of
the public schools of this state and for all other residents of
this state that is designed to eliminate prejudice on the basis
of
race, color, religion, sex, military status, familial status,
national origin,
disability, age, or ancestry in this state, to
further
good will
among those groups, and to emphasize the origin
of prejudice
against those groups, its harmful effects, and its
incompatibility with American principles of equality and fair
play;
(10) Receive progress reports from agencies,
instrumentalities, institutions, boards, commissions, and other
entities of this state or any of its political subdivisions and
their agencies, instrumentalities, institutions, boards,
commissions, and other entities regarding affirmative action
programs for the employment of persons against whom
discrimination
is prohibited by this chapter, or regarding any
affirmative
housing accommodations programs developed to
eliminate or reduce
an imbalance of race, color, religion, sex, military status,
familial status, national origin, disability, or
ancestry. All
agencies, instrumentalities, institutions, boards, commissions,
and other entities of this state or its political subdivisions,
and all political subdivisions, that have undertaken affirmative
action programs pursuant to a conciliation agreement with the
commission, an executive order of the governor, any federal
statute or rule, or an executive order of the president of the
United States shall file progress reports with the commission
annually on or before the first day of November. The commission
shall analyze and evaluate the progress reports and report its
findings annually to the general assembly on or before the
thirtieth day of January of the year immediately following the
receipt of the reports.
(B) The commission may do any of the following:
(1) Meet and function at any place within the state;
(2) Initiate and undertake on its own motion
investigations
of problems of employment or housing
accommodations
discrimination;
(3) Hold hearings, subpoena witnesses, compel their
attendance, administer oaths, take the testimony of any person
under oath, require the production for examination of any books
and papers relating to any matter under investigation or in
question before the commission, and make rules as to the issuance
of subpoenas by individual commissioners.
(a) In conducting a hearing or investigation, the
commission
shall have access at all reasonable times to premises,
records,
documents, individuals, and other evidence or possible
sources of
evidence and may examine, record, and copy the
premises, records,
documents, and other evidence or possible
sources of evidence and
take and record the testimony or
statements of the individuals as
reasonably necessary for the
furtherance of the hearing or
investigation. In investigations,
the commission shall comply with
the fourth amendment to the
United States Constitution relating to
unreasonable searches and
seizures. The commission or a member of
the commission may issue
subpoenas to compel access to or the
production of premises,
records, documents, and other evidence or
possible sources of
evidence or the appearance of individuals, and
may issue
interrogatories to a respondent, to the same extent and
subject
to the same limitations as would apply if the subpoenas or
interrogatories were issued or served in aid of a civil action in
a court of common pleas.
(b) Upon written application by a respondent party to a
hearing under division (B) of section 4112.05 of the Revised Code,
the
commission
shall issue subpoenas in its name to the same
extent
and subject
to the same limitations as subpoenas issued by
the
commission.
Subpoenas issued at the request of a respondent
party shall show on
their face the name and address of the
respondent
party and shall state
that they were issued at the
respondent's
party's request.
(c) Witnesses summoned by subpoena of the commission are
entitled to the witness and mileage fees provided for under
section
119.094 of the Revised Code.
(d) Within five days after service of a subpoena upon any
person, the person may petition the commission to revoke or
modify
the subpoena. The commission shall grant the petition if
it finds
that the subpoena requires an appearance or attendance
at an
unreasonable time or place, that it requires production of
evidence that does not relate to any matter before the
commission,
that it does not describe with sufficient
particularity the
evidence to be produced, that compliance would
be unduly onerous,
or for other good reason.
(e) In case of contumacy or refusal to obey a subpoena,
the
commission or person at whose request it was issued may
petition
for its enforcement in the court of common pleas in the
county in
which the person to whom the subpoena was addressed
resides, was
served, or transacts business.
(4) Create local or statewide advisory agencies and
conciliation councils to aid in effectuating the purposes of this
chapter. The commission may itself, or it may empower these
agencies and councils to, do either or both of the following:
(a) Study the problems of discrimination in all or
specific
fields of human relationships when based on race, color,
religion,
sex, military status, familial status, national origin,
disability, age,
or ancestry;
(b) Foster through community effort, or otherwise, good
will
among the groups and elements of the population of the
state.
The agencies and councils may make recommendations to the
commission for the development of policies and procedures in
general. They shall be composed of representative citizens who
shall serve without pay, except that reimbursement for actual and
necessary traveling expenses shall be made to citizens who serve
on a statewide agency or council.
(5) Issue any publications and the results of
investigations
and research that in its judgment will tend to
promote good will
and minimize or eliminate discrimination
because of race, color,
religion, sex, military status, familial status, national
origin,
disability, age, or ancestry.
Sec. 4112.051. (A)(1) Aggrieved persons may enforce the
rights granted by division (H) of section 4112.02 of the Revised
Code by filing a civil action in the court of common pleas of the
county in which the alleged unlawful discriminatory practice
occurred within one year after it allegedly occurred. Upon
application by an aggrieved person, upon a proper showing, and
under circumstances that it considers just, a court of common
pleas may appoint an attorney for the aggrieved person and
authorize the commencement of a civil action under this division
without the payment of costs.
Each party to a civil action under this division has the
right to a jury trial of the action. To assert the right, a
party
shall demand a jury trial in the manner prescribed in the
Rules of
Civil Procedure. If a party demands a jury trial in
that manner,
the civil action shall be tried to a jury.
(2)(a) If a complaint is issued by the commission under
division (B)(5) of section 4112.05 of the Revised Code for one or
more alleged unlawful discriminatory practices described in
division (H) of section 4112.02 of the Revised Code, the
complainant, any aggrieved person on whose behalf the complaint
is
issued, or the respondent may elect, following receipt of the
relevant notice described in division (B)(5) of section 4112.05
of
the Revised Code, to proceed with the administrative hearing
process under that section or to have the alleged unlawful
discriminatory practices covered by the complaint addressed in a
civil action commenced in accordance with divisions (A)(1) and
(2)(b) of this section. An election to have the alleged unlawful
discriminatory practices so addressed shall be made in a writing
that is sent by certified mail, return receipt requested, to the
commission, to the civil rights section of the office of the
attorney general, and to the other parties to the pending
administrative process within thirty days after the electing
complainant, aggrieved person, or respondent received the
relevant
notice described in division (B)(5) of section 4112.05
of the
Revised Code.
(b) Upon receipt of a timely mailed election to have the
alleged unlawful discriminatory practices addressed in a civil
action, the commission shall authorize the office of the attorney
general to commence and maintain the civil action in the court of
common pleas of the county in which the alleged unlawful
discriminatory practices occurred. Notwithstanding the period of
limitations specified in division (A)(1) of this section, the
office of the attorney general shall commence the civil action
within thirty days after the receipt of the commission's
authorization to commence the civil action.
(c) Upon commencement of the civil action in accordance
with
division (A)(2)(b) of this section, the commission shall
prepare
an order dismissing the complaint in the pending
administrative
matter and serve a copy of the order upon the
complainant, each
aggrieved person on whose behalf the complaint
was issued, and the
respondent.
(d) If an election to have the alleged unlawful
discriminatory practices addressed in a civil action is not filed
in accordance with division (A)(2)(a) of this section, the
commission shall continue with the administrative hearing process
described in section 4112.05 of the Revised Code.
(e) With respect to the issues to be determined in a civil
action commenced in accordance with division (A)(2)(b) of this
section, the complainant and any aggrieved person may intervene as
a matter of right in that civil action.
(B) If the court or the jury in a civil action under this
section finds that a violation of division (H) of section 4112.02
of the Revised Code is about to occur, the court may order any
affirmative action it considers appropriate, including a
permanent
or termporary temporary injunction or temporary
restraining
order.
(C) Any sale, encumbrance, or rental consummated prior to
the
issuance of any court order under the authority of this
section
and involving a bona fide purchaser, encumbrancer, or
tenant
without actual notice of the existence of a charge under
division
(H) of section 4112.02 of the Revised Code or a civil
action under
this section is not affected by the court order.
(D) If the court or the jury in a civil action under this
section finds that a violation of division (H) of section 4112.02
of the Revised Code has occurred, the court shall award to the
plaintiff or to the complainant or aggrieved person on whose
behalf the office of the attorney general commenced or maintained
the civil action, whichever is applicable, actual damages,
reasonable attorney's fees, court costs incurred in the
prosecution of the action, expert witness fees, and other
litigation expenses, and may grant other relief that it considers
appropriate, including a permanent or temporary injunction, a
temporary restraining order, or other order and punitive damages.
(E) Any civil action brought under this section shall be
heard and determined as expeditiously as possible.
(F) The court in a civil action under this section shall
notify the commission of any finding pertaining to discriminatory
housing practices within fifteen days after the entry of the
finding.
Sec. 4113.11. (A) As specified in division (B) of this
section, all employers that employ ten or more employees shall
adopt and maintain a cafeteria plan that allows the employer's
employees to pay for health insurance coverage by a salary
reduction arrangement as permitted under section 125 of the
Internal Revenue Code.
(B) Employers shall comply with the requirements of division
(A) of this section as follows:
(1) For employers that employ more than five hundred
employees, by not later than January 1, 2011, or six months after
the superintendent of insurance adopts rules as required by
division (D) of this section, whichever is later.
(2) For employers that employ one hundred fifty to five
hundred employees, by not later than July 1, 2011, or twelve
months after the superintendent adopts rules as required by
division (D) of this section, whichever is later.
(3) For employers that employ ten to one hundred forty-nine
employees, by not later than January 1, 2012, or eighteen months
after the superintendent adopts rules as required by division (D)
of this section, whichever is later.
(C) The health care coverage and quality council created
under section 3923.90 of the Revised Code shall make
recommendations to the superintendent for both of the following:
(1) Development of strategies to educate, assist, and conduct
outreach to employers to simplify administrative processes with
respect to creating and maintaining cafeteria plans, including,
but not limited to, providing employers with model cafeteria plan
documents and technical assistance on creating and maintaining
cafeteria plans that conform with state and federal law; and
(2) Development strategies to educate, assist, and conduct
outreach to employees with respect to finding, selecting, and
purchasing a health insurance plan to be paid for through their
employer's cafeteria plan under this section.
(D) The superintendent shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement and enforce this
section, including the strategies recommended by the council
pursuant to division (C) of this section.
(E) As used in this section:
(1) "Cafeteria plan" has the same meaning as in section 125
of the Internal Revenue Code.
(2) "Employer" has the same meaning as in section 4113.51 of
the Revised Code.
(3) "Employee" means an individual employed for consideration
who works twenty-five or more hours per week or who renders any
other standard of service generally accepted by custom or
specified by contract as full-time employment.
Sec. 4117.01. As used in this chapter:
(A) "Person," in addition to those included in division
(C)
of section 1.59 of the Revised Code, includes employee
organizations, public employees, and public employers.
(B)(1) "Public employer" means the state or any political
subdivision of the state located entirely within the state,
including, without limitation, any municipal corporation with a
population of at least five thousand according to the most recent
federal decennial census; county; township with a population of
at
least five thousand in the unincorporated area of the township
according to the most recent federal decennial census; school
district; governing authority of a community school established
under Chapter
3314. of the Revised Code; state institution of
higher learning; public or
special district; state agency,
authority, commission, or
board; or other branch of public
employment.
(2) With respect to permanent, full-time, paid members of a
fire department of a township, "public employer" also means a
township, regardless of the population of the township.
(C) "Public employee" means any person holding a position
by
appointment or employment in the service of a public employer,
including any person working pursuant to a contract between a
public employer and a private employer and over whom the national
labor relations board has declined jurisdiction on the basis that
the involved employees are employees of a public employer,
except:
(1) Persons holding elective office;
(2) Employees of the general assembly and employees of any
other legislative body of the public employer whose principal
duties are directly related to the legislative functions of the
body;
(3) Employees on the staff of the governor or the chief
executive of the public employer whose principal duties are
directly related to the performance of the executive functions of
the governor or the chief executive;
(4) Persons who are members of the Ohio organized militia,
while training or performing duty under section 5919.29 or 5923.12
of the
Revised Code;
(5) Employees of the state employment relations board,
including those employees of the state employment relations board
utilized by the state personnel board of review in the exercise of
the powers and the performance of the duties and functions of the
state personnel board of review;
(6) Confidential employees;
(7) Management level employees;
(8) Employees and officers of the courts, assistants to
the
attorney general, assistant prosecuting attorneys, and
employees
of the clerks of courts who perform a judicial
function;
(9) Employees of a public official who act in a fiduciary
capacity, appointed pursuant to section 124.11 of the Revised
Code;
(11) Students whose primary purpose is educational
training,
including graduate assistants or associates, residents,
interns,
or other students working as part-time public employees
less than
fifty per cent of the normal year in the employee's
bargaining
unit;
(12) Employees of county boards of election;
(13) Seasonal and casual employees as determined by the
state
employment relations board;
(14) Part-time faculty members of an institution of higher
education;
(15) Employees of the state personnel board of review;
(16) Participants
in a work activity,
developmental
activity,
or alternative work activity under sections 5107.40 to
5107.69
of
the
Revised Code who perform a
service for a public
employer that
the public employer needs but is not
performed by an
employee of
the public employer
if the participant is
not engaged
in paid
employment or subsidized employment pursuant to the
activity;
(17)(16) Employees included in the career professional
service
of the department
of transportation under section 5501.20
of the
Revised Code;
(18) Employees of community-based correctional facilities
and district community-based correctional facilities created under
sections 2301.51 to 2301.58 of the Revised Code who are not
subject to a collective bargaining agreement on June 1, 2005.
(D) "Employee organization" means any labor or bona fide
organization in which public employees participate and that
exists
for the purpose, in whole or in part, of dealing with
public
employers concerning grievances, labor disputes, wages,
hours,
terms, and other conditions of employment.
(E) "Exclusive representative" means the employee
organization certified or recognized as an exclusive
representative under section 4117.05 of the Revised Code.
(F) "Supervisor" means any individual who has authority,
in
the interest of the public employer, to hire, transfer,
suspend,
lay off, recall, promote, discharge, assign, reward, or
discipline
other public employees; to responsibly direct them; to
adjust
their grievances; or to effectively recommend such action,
if the
exercise of that authority is not of a merely routine or
clerical
nature, but requires the use of independent judgment,
provided
that:
(1) Employees of school districts who are department
chairpersons or consulting teachers shall not be deemed
supervisors;
(2) With respect to members of a police or fire
department,
no person shall be deemed a supervisor except the
chief of the
department or those individuals who, in the absence
of the chief,
are authorized to exercise the authority and
perform the duties of
the chief of the department. Where prior
to June 1, 1982, a
public
employer pursuant to a judicial
decision, rendered in
litigation
to which the public employer was
a party, has declined
to engage
in collective bargaining with
members of a police or
fire
department on the basis that those
members are supervisors,
those
members of a police or fire
department do not have the
rights
specified in this chapter for
the purposes of future
collective
bargaining. The state
employment relations board shall
decide all
disputes concerning
the application of division (F)(2)
of this
section.
(3) With respect to faculty members of a state institution
of
higher education, heads of departments or divisions are
supervisors; however, no other faculty member or group of faculty
members is a supervisor solely because the faculty member or
group
of faculty members participate in decisions with respect to
courses, curriculum, personnel, or other matters of academic
policy;
(4) No teacher as defined in section 3319.09 of the
Revised
Code shall be designated as a supervisor or a management
level
employee unless the teacher is employed under a contract governed
by
section 3319.01, 3319.011, or 3319.02 of the Revised Code and
is assigned to a position for which a
license deemed to be for
administrators under state board rules is
required pursuant to
section 3319.22 of the Revised Code.
(G) "To bargain collectively" means to perform the mutual
obligation of the public employer, by its representatives, and
the
representatives of its employees to negotiate in good faith
at
reasonable times and places with respect to wages, hours,
terms,
and other conditions of employment and the continuation,
modification, or deletion of an existing provision of a
collective
bargaining agreement, with the intention of reaching
an agreement,
or to resolve questions arising under the
agreement. "To bargain
collectively" includes executing a written contract
incorporating
the terms of any agreement reached. The obligation
to bargain
collectively does not mean that either party is
compelled to agree
to a proposal nor does it require the making
of a concession.
(H) "Strike" means continuous concerted action in failing to
report
to duty; willful absence from one's position; or stoppage
of work in
whole from the full, faithful, and proper performance
of the duties of
employment, for the purpose of inducing,
influencing, or coercing a change in
wages, hours, terms, and
other conditions of employment. "Strike" does not
include a
stoppage of work by employees in good faith because of dangerous
or
unhealthful working conditions at the place of employment that
are abnormal to
the place of employment.
(I) "Unauthorized strike" includes, but is not limited to,
concerted
action during the term or extended term of a collective
bargaining agreement
or during the pendency of the settlement
procedures set forth in section
4117.14 of the Revised Code in
failing to report to duty; willful absence from
one's position;
stoppage of work; slowdown, or abstinence in whole or in part
from
the full, faithful, and proper performance of the duties of
employment
for the purpose of inducing, influencing, or coercing a
change in wages,
hours, terms, and other conditions of employment.
"Unauthorized strike"
includes any such action, absence, stoppage,
slowdown, or abstinence when done
partially or intermittently,
whether during or after the expiration of the
term or extended
term of a collective bargaining agreement or during or after
the
pendency of the settlement procedures set forth in section 4117.14
of the
Revised Code.
(J) "Professional employee" means any employee engaged in
work that is predominantly intellectual, involving the
consistent
exercise of discretion and judgment in its performance
and
requiring knowledge of an advanced type in a field of science
or
learning customarily acquired by a prolonged course in an
institution of higher learning or a hospital, as distinguished
from a general academic education or from an apprenticeship; or
an
employee who has completed the courses of specialized
intellectual
instruction and is performing related work under the
supervision
of a professional person to become qualified as
a professional
employee.
(K) "Confidential employee" means any employee who works
in
the personnel offices of a public employer and deals with
information to be used by the public employer in collective
bargaining; or any employee who works in a close continuing
relationship with public officers or representatives directly
participating in collective bargaining on behalf of the employer.
(L) "Management level employee" means an individual who
formulates policy on behalf of the public employer, who
responsibly directs the implementation of policy, or who may
reasonably be required on behalf of the public employer to assist
in the preparation for the conduct of collective negotiations,
administer collectively negotiated agreements, or have a major
role in personnel administration. Assistant superintendents,
principals, and assistant principals whose employment is governed
by section 3319.02 of the Revised Code are management level
employees. With respect to members of a faculty of a state
institution of higher education, no person is a management level
employee because of the person's involvement in the formulation or
implementation of academic or institution policy.
(M) "Wages" means hourly rates of pay, salaries, or other
forms of compensation for services rendered.
(N) "Member of a police department" means a person who is
in
the employ of a police department of a municipal corporation
as a
full-time regular police officer as the result of
an appointment
from a duly established civil service eligibility
list or under
section 737.15 or 737.16 of the Revised Code, a
full-time deputy
sheriff appointed under section 311.04 of the
Revised Code, a
township constable appointed under section
509.01 of the Revised
Code, or a member of a township police
district police department
appointed under section 505.49 of the
Revised Code.
(O) "Members of the state highway patrol" means highway
patrol troopers and radio operators appointed under section
5503.01 of the Revised Code.
(P) "Member of a fire department" means a person who is in
the employ of a fire department of a municipal corporation or a
township as a fire cadet, full-time regular firefighter, or
promoted rank as the result of an appointment from a duly
established civil
service eligibility list or under section
505.38, 709.012, or 737.22 of the
Revised Code.
(Q) "Day" means calendar day.
Sec. 4117.02. (A) There is hereby created the state
employment relations board, consisting of three members to be
appointed by the governor with the advice and consent of the
senate. Members shall be knowledgeable about labor relations or
personnel practices. No more than two of the three members shall
belong to the same political party. A member of the state
employment relations board during
the member's period of service
shall hold no other public
office or public
or private employment
and shall allow no other responsibilities
to interfere or conflict
with the member's duties as a
full-time state employment relations
board
member. Of the initial appointments made to the state
employment relations board, one shall
be for a term ending October
6, 1984, one shall be for a term
ending October 6, 1985, and one
shall be for a term ending
October 6, 1986. Thereafter, terms of
office shall be for six
years, each term ending on the same day of
the same month of the
year as did the term that it succeeds. Each
member shall hold
office from the date of the member's appointment
until the
end of the term
for which the member is appointed. Any
member appointed to
fill a
vacancy occurring prior to the
expiration of the term for which
the member's predecessor was
appointed shall hold office for
the remainder
of the term. Any
member shall continue in office subsequent to
the expiration of
the member's term until the
member's successor takes office or
until a period of sixty days has elapsed, whichever occurs first.
The governor may remove any member of
the state employment
relations board, upon notice and public hearing, for neglect of
duty or
malfeasance in office, but for no other cause.
(B)(1) The governor shall designate one member of the state
employment relations board to serve as chairperson of the state
employment relations board. The chairperson is the head of the
state employment relations board and its chief executive officer.
(2) The chairperson shall exercise all administrative powers
and duties conferred upon the state employment relations board
under this chapter and shall do all of the following:
(a) Except as provided in division (F)(2) of this section,
employ Employ, promote, supervise, and remove all employees of the
state employment relations board, and establish, change, or
abolish positions and assign or reassign the duties of those
employees as the chairperson determines necessary to achieve the
most efficient performance of the board's duties of the state
employment relations board under this chapter;
(b) Determine the utilization by the state personnel board of
review of employees of the state employment relations board as
necessary for the state personnel board of review to exercise the
powers and perform the duties of the state personnel board of
review.
(c) Maintain the office of the state employment relations
board in Columbus and manage the office's daily operations,
including securing offices, facilities, equipment, and supplies
necessary
to house the state employment relations board,
employees of the
state employment relations board,
the state
personnel board of
review, and files and records under
the
board's control of the
state employment relations board and
under the control of the
state personnel board of review;
(c)(d) Prepare and submit to the office of budget and
management
a
budget for each biennium according to section
107.03 of the
Revised Code, and include in the budget the costs
of the state
employment relations board and its staff and the
board's costs of
the state employment relations board in
discharging any duty
imposed by law upon the state employment
relations board, the
chairperson, or any of the board's employees
or agents of the
state employment relations board, and the costs
of the state
personnel board of review in discharging any duty
imposed by law
on the state personnel board of review or an agent
of the state
personnel board of review.
(C) The vacancy on the state employment relations board does
not impair the right of
the remaining members to exercise all the
powers of the state employment relations board,
and two members of
the state employment relations board, at all times,
constitute a
quorum.
The state employment relations board shall have an
official seal of which courts shall take
judicial notice.
(D) The state employment relations board shall make an annual
report in writing to
the governor and to the general assembly,
stating in detail the
work it has done.
(E) Compensation of the chairperson and members shall be
in
accordance with division (J) of section 124.15 of the Revised
Code. The chairperson and the members are eligible for
reappointment. In addition to such compensation, all members
shall
be reimbursed for their necessary expenses incurred in the
performance of their work as members.
(F)(1) The chairperson, after consulting with the other state
employment relations board members and receiving the consent of at
least one other board member, shall appoint an executive director.
The chairperson also shall appoint
attorneys and attorney-trial
examiners shall appoint an assistant executive director who shall
be an attorney admitted to practice law in this state and who
shall serve as a liaison to the attorney general on legal matters
before the state employment relations board.
(2) The state employment relations board shall appoint
mediators, arbitrators, members of fact-finding panels, and
directors for local areas, and shall prescribe their job duties.
(G)(1) The executive director shall serve at the pleasure of
the chairperson. The executive director, under the direction of
the chairperson, shall do all of the following:
(a) Act as chief administrative officer for the state
employment relations board;
(b) Ensure that all employees of the state employment
relations board comply with the
rules of the state employment
relations board;
(c) Do all things necessary for the efficient and effective
implementation of the duties of the state employment relations
board.
(2) The duties of the executive director described in
division (G)(1) of this section do not relieve the chairperson
from final responsibility for the proper performance of the duties
described in that division.
(H) The attorney
general shall be the legal adviser of the
state employment relations board and shall appear
for and
represent the state employment relations board and its agents in
all legal
proceedings. The state employment relations board may
utilize regional, local, or other
agencies, and utilize voluntary
and uncompensated services as
needed. The state employment
relations board may contract with the federal mediation and
conciliation service for the assistance of mediators,
arbitrators,
and other personnel the service makes available.
The board and the
chairperson, respectively, shall appoint all employees on the
basis of training,
practical experience, education, and character,
notwithstanding
the requirements established by section 119.09 of
the Revised
Code. The board chairperson shall give special regard
to the practical
training and experience that employees have for
the particular
position involved. All full-time employees of the
board
excepting the The executive director, the head of the bureau
of
mediation assistant executive director, administrative law
judges, employees holding a fiduciary or administrative relation
to the state employment relations board as described in division
(A)(9) of section 124.11 of the Revised Code, and the personal
secretaries and assistants of the state employment relations
board
members are in the classified unclassified service. All other
full-time employees of the state employment relations board are in
the classified service. All employees of
the state employment
relations board shall be paid
in accordance with Chapter 124. of
the
Revised Code.
(I) The board chairperson shall select and assign examiners
administrative law judges and other
agents whose functions are to
conduct hearings with due regard to
their impartiality, judicial
temperament, and knowledge. If in
any proceeding under this
chapter, any party prior to five days
before the hearing thereto
files with the state employment relations board a sworn statement
charging that the examiner administrative law judge or other agent
designated to conduct
the hearing is biased or partial in the
proceeding, the state employment relations board may
disqualify
the person and designate another examiner administrative law judge
or agent to
conduct the proceeding. At least ten days before any
hearing,
the state employment relations board shall notify all
parties to a proceeding of the name of
the examiner administrative
law judge or agent designated to conduct the hearing.
(J) The principal office of the state employment relations
board is in Columbus, but
it may meet and exercise any or all of
its powers at any other
place within the state. The state
employment relations board may, by one or more of its
employees,
or any agents or agencies it designates, conduct in
any part of
this state any proceeding, hearing, investigation,
inquiry, or
election necessary to the performance of its
functions; provided,
that no person so designated may later sit
in determination of an
appeal of the decision of that cause or
matter.
(K) In addition to the powers and functions provided in
other
sections of this chapter, the state employment relations board
shall do all of the
following:
(1) Create a bureau of mediation within the state
employment
relations board, to perform the functions provided in
section
4117.14 of the Revised Code. This bureau shall also
establish,
after consulting representatives of employee
organizations and
public employers, panels of qualified persons
to be available to
serve as members of fact-finding panels and
arbitrators.
(2) Conduct studies of problems involved in representation
and negotiation and make recommendations for legislation;
(3) Hold hearings pursuant to this chapter and, for the
purpose of the hearings and inquiries, administer oaths and
affirmations, examine witnesses and documents, take testimony and
receive evidence, compel the attendance of witnesses and the
production of documents by the issuance of subpoenas, and
delegate
these powers to any members of the state employment relations
board or any
attorney-trial examiner appointed administrative law
judge employed by the state employment relations board for the
performance of its functions;
(4) Train representatives of employee organizations and
public employers in the rules and techniques of collective
bargaining procedures;
(5) Make studies and analyses of, and act as a
clearinghouse
of information relating to, conditions of
employment of public
employees throughout the state and request
assistance, services,
and data from any public employee
organization, public employer,
or governmental unit. Public
employee organizations, public
employers, and governmental units
shall provide such assistance,
services, and data as will enable
the state employment relations
board to carry out its functions and powers.
(6) Make available to employee organizations, public
employers, mediators, fact-finding panels, arbitrators, and joint
study committees statistical data relating to wages, benefits,
and
employment practices in public and private employment
applicable
to various localities and occupations to assist them
to resolve
issues in negotiations;
(7) Notwithstanding section 119.13 of the Revised Code,
establish standards of persons who practice before it;
(8) Adopt, amend, and rescind rules and procedures and
exercise other powers appropriate to carry out this chapter.
Before the adoption, amendment, or rescission of rules and
procedures under this section, the state employment relations
board
shall do all of the following:
(a) Maintain a list of interested public employers and
employee organizations and mail notice to such groups of any
proposed rule or procedure, amendment thereto, or rescission
thereof at least thirty days before any public hearing thereon;
(b) Mail a copy of each proposed rule or procedure,
amendment
thereto, or rescission thereof to any person who
requests a copy
within five days after receipt of the request
therefor;
(c) Consult with appropriate statewide organizations
representing public employers or employees who would be affected
by the proposed rule or procedure.
Although the state employment relations board is expected to
discharge these duties
diligently, failure to mail any notice or
copy, or to so consult
with any person, is not jurisdictional and
shall not be construed
to invalidate any proceeding or action of
the state employment relations board.
(L) In case of neglect or refusal to obey a subpoena
issued
to any person, the court of common pleas of the county in
which
the investigation or the public hearing occurs, upon
application
by the state employment relations board, may issue an order
requiring the person
to appear before the state employment
relations board and give testimony about the matter
under
investigation. The court may punish a failure to obey the
order as
contempt.
(M) Any subpoena, notice of hearing, or other process or
notice of the state employment relations board issued under this
section may be served
personally, by certified mail, or by leaving
a copy at the
principal office or personal residence of the
respondent required
to be served. A return, made and verified by
the individual
making the service and setting forth the manner of
service, is
proof of service, and a return post office receipt,
when
certified mail is used, is proof of service. All process in
any
court to which application is made under this chapter may be
served in the county wherein the persons required to be served
reside or are found.
(N) All expenses of the state employment relations board,
including all necessary
traveling and subsistence expenses
incurred by the members or
employees of the state employment
relations board under its orders, shall be paid pursuant
to
itemized vouchers approved by the chairperson of the state
employment relations
board, the
executive director, or both, or
such other person as the chairperson
designates for that purpose.
(O) Whenever the state employment relations board determines
that a substantial
controversy exists with respect to the
application or
interpretation of this chapter and the matter is of
public or
great general interest, the state employment relations
board shall certify its final order
directly to the court of
appeals having jurisdiction over the
area in which the principal
office of the public employer
directly affected by the application
or interpretation is
located. The chairperson shall file with the
clerk of the court
a certified copy of the transcript of the
proceedings before the state employment relations
board pertaining
to the final order. If upon hearing and
consideration the court
decides that the final order of the state employment relations
board
is unlawful or is not supported by substantial evidence on
the
record as a whole, the court shall reverse and vacate the
final
order or modify it and enter final judgment in accordance
with
the modification; otherwise, the court shall affirm the final
order. The notice of the final order of the state employment
relations board to the
interested parties shall contain a
certification by the
chairperson of the state employment relations
board that the final order is of public or
great general interest
and that a certified transcript of the
record of the proceedings
before the state employment relations board had been filed with
the clerk of the court as an appeal to the court. For the
purposes
of this division, the state employment relations board has
standing to bring its
final order properly before the court of
appeals.
(P) Except as otherwise specifically provided in this
section, the state employment relations board is subject to
Chapter 119. of the Revised
Code, including the procedure for
submission of proposed rules to
the general assembly for
legislative review under division (H) of
section 119.03 of the
Revised Code.
Sec. 4117.07. (A) When a petition is filed, in accordance
with rules prescribed by the state employment relations board:
(1) By any employee or group of employees, or any
individual
or employee organization acting in their behalf,
alleging that at
least thirty per cent of the employees in an
appropriate unit wish
to be represented for collective bargaining
by an exclusive
representative, or asserting that the designated
exclusive
representative is no longer the representative of the
majority of
employees in the unit, the board shall investigate
the petition,
and if it has reasonable cause to believe that a
question of
representation exists, provide for an appropriate
hearing upon due
notice to the parties;
(2) By the employer alleging that one or more employee
organizations has presented to it a claim to be recognized as the
exclusive representative in an appropriate unit, the board shall
investigate the petition, and if it has reasonable cause to
believe that a question of representation exists, provide for an
appropriate hearing upon due notice to the parties.
If the board finds upon the record of a hearing that a
question of representation exists, it shall direct an election
and
certify the results thereof. No one may vote in an election
by
mail or proxy. The board may also certify an employee
organization
as an exclusive representative if it determines that
a free and
untrammelled election cannot be conducted because of
the
employer's unfair labor practices and that at one time the
employee organization had the support of the majority of the
employees in the unit.
(B) Only the names of those employee organizations
designated
by more than ten per cent of the employees in the unit
found to be
appropriate may be placed on the ballot. Nothing in
this section
shall be construed to prohibit the waiving of
hearings by
stipulation, in conformity with the rules of the
board, for the
purpose of a consent election.
(C) The board shall conduct representation elections by
secret ballot cast, at the board's discretion, by mail or
electronically or in person, and at times and places selected by
the board subject
to the following:
(1) The board shall give no less than ten days' notice of
the
time and place of an election;
(2) The board shall establish rules concerning the conduct
of
any election including, but not limited to, rules to guarantee
the
secrecy of the ballot;
(3) The board may not certify a representative unless the
representative receives a majority of the valid ballots cast;
(4) Except as provided in this section, the board shall
include on the ballot a choice of "no representative";
(5) In an election where none of the choices on the ballot
receives a majority, the board shall conduct a runoff election.
In
that case, the ballot shall provide for a selection between
the
two choices or parties receiving the highest and the second
highest number of ballots cast in the election.
(6) The board may not conduct an election under this
section
in any appropriate bargaining unit within which a
board-conducted
election was held in the preceding twelve-month
period, nor during
the term of any lawful collective bargaining
agreement between a
public employer and an exclusive
representative.
Petitions for elections may be filed with the board no
sooner
than one hundred twenty days or later than ninety days
before the
expiration date of any collective bargaining
agreement, or after
the expiration date, until the public
employer and exclusive
representative enter into a new written
agreement.
For the purposes of this section, extensions of agreements
do
not affect the expiration date of the original agreement.
Sec. 4117.12. (A) Whoever violates section 4117.11 of the
Revised Code is guilty of an unfair labor practice remediable by
the state employment relations board as specified in this
section.
(B) When anyone files a charge with the board alleging
that
an unfair labor practice has been committed, the board or
its
designated agent shall investigate the charge. If the board
has
probable cause for believing that a violation has occurred,
the
board shall issue a complaint and shall conduct a hearing
concerning the charge. The board shall cause the complaint to be
served upon the charged party which shall contain a notice of the
time at which the hearing on the complaint will be held either
before the board, a board member, or a hearing officer an
administrative law judge. The
board may not issue a notice of
hearing based upon any unfair
labor practice occurring more than
ninety days prior to the
filing of the charge with the board,
unless the person aggrieved
thereby is prevented from filing the
charge by reason of service
in the armed forces, in which event
the ninety-day period shall
be computed from the day of his the
person's discharge. If the
board
dismisses a complaint as
frivolous, it shall assess costs to the
complainant pursuant to
its standards governing such matters, and
for that purpose, the
board shall adopt a rule defining the
standards by which the board
will declare a complaint to be
frivolous and the costs that will
be assessed accordingly.
(1) The board, board member, or hearing officer
administrative law judge shall hold
a hearing on the charge within
ten days after service of the
complaint. The board may amend a
complaint, upon receipt of a
notice from the charging party, at
any time prior to the close of
the hearing, and the charged party
shall within ten days from
receipt of the complaint or amendment
to the complaint, file an
answer to the complaint or amendment to
the complaint. The
charged party may file an answer to an original
or amended
complaint. The agents of the board and the person
charged are
parties and may appear or otherwise give evidence at
the hearing.
At the discretion of the board, board member, or
hearing officer administrative law judge,
any interested party may
intervene and present evidence at the
hearing. The board, board
member, or hearing officer administrative law judge is not
bound
by the rules of evidence prevailing in the courts.
(2) A board member or hearing officer administrative law
judge who conducts the
hearing shall reduce the evidence taken to
writing and file it
with the board. The board member or the
hearing officer administrative law judge may
thereafter take
further evidence or hear further argument if
notice is given to
all interested parties. The hearing officer administrative law
judge
or board member shall issue to the parties a proposed
decision,
together with a recommended order and file it with the
board. If
the parties file no exceptions within twenty days after
service
thereof, the recommended order becomes the order of the
board
effective as therein prescribed. If the parties file
exceptions
to the proposed report, the board shall determine
whether
substantial issues have been raised. The board may rescind
or
modify the proposed order of the board member or hearing
officer administrative law judge;
however, if the board determines
that the exceptions do not raise
substantial issues of fact or
law, it may refuse to grant review,
and the recommended order
becomes effective as therein
prescribed.
(3) If upon the preponderance of the evidence taken, the
board believes that any person named in the complaint has engaged
in any unfair labor practice, the board shall state its findings
of fact and issue and cause to be served on the person an order
requiring that he the person cease and desist from these unfair
labor
practices, and take such affirmative action, including
reinstatement of employees with or without back pay, as will
effectuate the policies of Chapter 4117. of the Revised Code. If
upon a preponderance of the evidence taken, the board believes
that the person named in the complaint has not engaged in an
unfair labor practice it shall state its findings of fact and
issue an order dismissing the complaint.
(4) The board may order the public employer to reinstate
the
public employee and further may order either the public
employer
or the employee organization, depending on who was
responsible for
the discrimination suffered by the public
employee, to make such
payment of back pay to the public employee
as the board
determines. No order of the board shall require the
reinstatement
of any individual as an employee who has been
suspended or
discharged, or require the payment to him the
employee of any
back
pay, if the suspension or discharge was for just cause not
related
to rights provided in section 4117.03 of the Revised Code
and the
procedure contained in the collective bargaining
agreement
governing suspension or discharge was followed. The
order of the
board may require the party against whom the order
is issued to
make periodic reports showing the extent to which he
the party has
complied with the order.
(C) Whenever a complaint alleges that a person has engaged
in
an unfair labor practice and that the complainant will suffer
substantial and irreparable injury if not granted temporary
relief, the board may petition the court of common pleas for any
county wherein the alleged unfair labor practice in question
occurs, or wherein any person charged with the commission of any
unfair labor practice resides or transacts business for
appropriate injunctive relief, pending the final adjudication by
the board with respect to the matter. Upon the filing of any
petition, the court shall cause notice thereof to be served upon
the parties, and thereupon has jurisdiction to grant the
temporary
relief or restraining order it considers just and
proper.
(D) Until the record in a case is filed in a court, as
specified in Chapter 4117. of the Revised Code, the board may at
any time upon reasonable notice and in a manner it considers
proper, modify or set aside, in whole or in part, any finding or
order made or issued by it.
Sec. 4117.14. (A) The procedures contained in this
section
govern the settlement of disputes between an exclusive
representative and a public employer concerning the termination
or
modification of an existing collective bargaining agreement or
negotiation of a successor agreement, or the negotiation of an
initial collective bargaining agreement.
(B)(1) In those cases where there exists a collective
bargaining agreement, any public employer or exclusive
representative desiring to terminate, modify, or negotiate a
successor collective bargaining agreement shall:
(a) Serve written notice upon the other party of the
proposed
termination, modification, or successor agreement. The
party must
serve the notice not less than sixty days prior to the
expiration
date of the existing agreement or, in the event the
existing
collective bargaining agreement does not contain an
expiration
date, not less than sixty days prior to the time it is
proposed to
make the termination or modifications or to make
effective a
successor agreement.
(b) Offer to bargain collectively with the other party for
the purpose of modifying or terminating any existing agreement or
negotiating a successor agreement;
(c) Notify the state employment relations board of the
offer
by serving upon the board a copy of the written notice to
the
other party and a copy of the existing collective bargaining
agreement.
(2) In the case of initial negotiations between a public
employer and an exclusive representative, where a collective
bargaining agreement has not been in effect between the parties,
any party may serve notice upon the board and the other party
setting forth the names and addresses of the parties and offering
to meet, for a period of ninety days, with the other party for
the
purpose of negotiating a collective bargaining agreement.
If the settlement procedures specified in divisions (B),
(C),
and (D) of this section govern the parties, where those
procedures
refer to the expiration of a collective bargaining
agreement, it
means the expiration of the sixty-day period to
negotiate a
collective bargaining agreement referred to in this
subdivision,
or in the case of initial negotiations, it means the
ninety-day
period referred to in this subdivision.
(3) The parties shall continue in full force and effect
all
the terms and conditions of any existing collective
bargaining
agreement, without resort to strike or lock-out, for a
period of
sixty days after the party gives notice or until the
expiration
date of the collective bargaining agreement, whichever
occurs
later, or for a period of ninety days where applicable.
(4) Upon receipt of the notice, the parties shall enter
into
collective bargaining.
(C) In the event the parties are unable to reach an
agreement, they may submit, at any time prior to forty-five days
before the expiration date of the collective bargaining
agreement,
the issues in dispute to any mutually agreed upon
dispute
settlement procedure which supersedes the procedures
contained in
this section.
(1) The procedures may include:
(a) Conventional arbitration of all unsettled issues;
(b) Arbitration confined to a choice between the last
offer
of each party to the agreement as a single package;
(c) Arbitration confined to a choice of the last offer of
each party to the agreement on each issue submitted;
(d) The procedures described in division (C)(1)(a), (b),
or
(c) of this section and including among the choices for the
arbitrator, the recommendations of the fact finder, if there are
recommendations, either as a single package or on each issue
submitted;
(e) Settlement by a citizens' conciliation council
composed
of three residents within the jurisdiction of the public
employer.
The public employer shall select one member and the
exclusive
representative shall select one member. The two
members selected
shall select the third member who shall chair
the council. If the
two members cannot agree upon a third member
within five days
after their appointments, the board shall
appoint the third
member. Once appointed, the council shall make
a final settlement
of the issues submitted to it pursuant to
division (G) of this
section.
(f) Any other dispute settlement procedure mutually agreed
to
by the parties.
(2) If, fifty days before the expiration date of the
collective bargaining agreement, the parties are unable to reach
an agreement, any party may request the state employment
relations
board to intervene. The request shall set forth the
names and
addresses of the parties, the issues involved, and, if
applicable,
the expiration date of any agreement.
The board shall intervene and investigate the dispute to
determine whether the parties have engaged in collective
bargaining.
If an impasse exists or forty-five days before the
expiration
date of the collective bargaining agreement if one
exists, the
board shall appoint a mediator to assist the parties
in the
collective bargaining process.
(3) Any time after the appointment of a mediator, either
party may request the appointment of a fact-finding panel. Within
fifteen days after receipt of a request for a fact-finding panel,
the
board shall appoint a fact-finding
panel of not
more than
three members who have been selected by
the parties in
accordance
with rules established by the board,
from a list of
qualified
persons maintained by the board.
(a) The fact-finding panel shall, in accordance with rules
and procedures established by the board that include the
regulation of costs and expenses of fact-finding, gather facts
and
make recommendations for the resolution of the matter. The
board
shall by its rules require each party to specify in writing
the
unresolved issues and its position on each issue to the
fact-finding panel. The fact-finding panel shall make final
recommendations as to all the unresolved issues.
(b) The board may continue mediation, order the parties to
engage in collective bargaining until the expiration date of the
agreement, or both.
(4) The following guidelines apply to fact-finding:
(a) The fact-finding panel may establish times and place
of
hearings which shall be, where feasible, in the jurisdiction
of
the state.
(b) The fact-finding panel shall conduct the hearing
pursuant
to rules established by the board.
(c) Upon request of the fact-finding panel, the board
shall
issue subpoenas for hearings conducted by the panel.
(d) The fact-finding panel may administer oaths.
(e) The board shall prescribe guidelines for the
fact-finding
panel to follow in making findings. In making its
recommendations,
the fact-finding panel shall take into
consideration the factors
listed in divisions (G)(7)(a) to (f) of
this section.
(f) The fact-finding panel may attempt mediation at any
time
during the fact-finding process. From the time of
appointment
until the fact-finding panel makes a final
recommendation, it
shall not discuss the recommendations for
settlement of the
dispute with parties other than the direct
parties to the dispute.
(5) The fact-finding panel, acting by a majority of its
members, shall transmit its findings of fact and recommendations
on the unresolved issues to the public employer and employee
organization involved and to the board no later than fourteen
days
after the appointment of the fact-finding panel, unless the
parties mutually agree to an extension. The parties shall share
the cost of the fact-finding panel in a manner agreed to by the
parties.
(6)(a) Not later than seven days after the findings and
recommendations are sent, the legislative body, by a three-fifths
vote of its total membership, and in the case of the public
employee organization, the membership, by a three-fifths vote of
the total membership, may reject the recommendations; if neither
rejects the recommendations, the recommendations shall be deemed
agreed upon as the final resolution of the issues submitted and a
collective bargaining agreement shall be executed between the
parties, including the fact-finding panel's recommendations,
except as otherwise modified by the parties by mutual agreement.
If either the legislative body or the public employee
organization
rejects the recommendations, the board shall
publicize the
findings of fact and recommendations of the
fact-finding panel.
The board shall adopt rules governing the
procedures and methods
for public employees to vote on the
recommendations of the
fact-finding panel.
(b) As used in division (C)(6)(a) of this section,
"legislative body" means the controlling board when the state or
any of its agencies, authorities, commissions, boards, or other
branch of public employment is party to the fact-finding process.
(D) If the parties are unable to reach agreement within
seven
days after the publication of findings and recommendations
from
the fact-finding panel or the collective bargaining
agreement, if
one exists, has expired, then the:
(1) Public employees, who are members of a police or fire
department, members of the state highway patrol, deputy sheriffs,
dispatchers employed by a police, fire, or sheriff's department or
the state highway patrol or civilian dispatchers employed by a
public employer other than a police, fire, or sheriff's
department
to dispatch police, fire, sheriff's department, or
emergency
medical or rescue personnel and units, an exclusive
nurse's unit,
department of education
employees of who work at the state school
for the deaf or the
state school for
the blind, employees of any
public employee
retirement system,
corrections officers, guards at
penal or
mental institutions,
special police officers appointed
in
accordance with sections
5119.14 and 5123.13 of the Revised
Code,
psychiatric attendants
employed at mental health forensic
facilities, youth leaders
employed at juvenile correctional
facilities, or members of a law
enforcement security force that
is established and maintained
exclusively by a board of county
commissioners and whose members
are employed by that board, shall
submit the
matter to a final
offer settlement
procedure pursuant
to a board
order issued
forthwith to the
parties to settle by a
conciliator
selected by
the parties. The
parties shall request
from the board
a list of
five qualified
conciliators and the
parties shall select
a single
conciliator
from the list by
alternate striking of names.
If the
parties
cannot agree upon a
conciliator within five days
after the
board
order, the board
shall on the sixth day after its
order
appoint a
conciliator from
a list of qualified persons
maintained
by the
board or shall
request a list of qualified
conciliators
from the
American
arbitration association and appoint
therefrom.
(2) Public employees other than those listed in division
(D)(1) of this section have the right to strike under Chapter
4117. of the Revised Code provided that the employee organization
representing the employees has given a ten-day prior written
notice of an intent to strike to the public employer and to the
board, and further provided that the strike is for full,
consecutive
work days and the beginning date of the strike is at
least ten work days after
the ending date of the most recent prior
strike involving the same bargaining
unit; however, the board, at
its discretion, may attempt
mediation at any time.
(E) Nothing in this section shall be construed to prohibit
the parties, at any time, from voluntarily agreeing to submit any
or all of the issues in dispute to any other alternative dispute
settlement procedure. An agreement or statutory requirement to
arbitrate or to settle a dispute pursuant to a final offer
settlement procedure and the award issued in accordance with the
agreement or statutory requirement is enforceable in the same
manner as specified in division (B) of section 4117.09 of the
Revised Code.
(F) Nothing in this section shall be construed to prohibit
a
party from seeking enforcement of a collective bargaining
agreement or a conciliator's award as specified in division (B)
of
section 4117.09 of the Revised Code.
(G) The following guidelines apply to final offer
settlement
proceedings under division (D)(1) of this section:
(1) The parties shall submit to final offer settlement
those
issues that are subject to collective bargaining as
provided by
section 4117.08 of the Revised Code and upon which
the parties
have not reached agreement and other matters mutually
agreed to by
the public employer and the exclusive
representative; except that
the conciliator may attempt mediation
at any time.
(2) The conciliator shall hold a hearing within thirty
days
of the board's order to submit to a final offer settlement
procedure, or as soon thereafter as is practicable.
(3) The conciliator shall conduct the hearing pursuant to
rules developed by the board. The conciliator shall establish the
hearing
time and place, but it shall be, where feasible, within
the jurisdiction of
the state. Not later than five calendar days
before the hearing, each of the
parties shall submit to the
conciliator, to the opposing party, and to the board, a written
report summarizing the unresolved issues, the party's final offer
as to the issues, and the rationale for that position.
(4) Upon the request by the conciliator, the board shall
issue subpoenas for the hearing.
(5) The conciliator may administer oaths.
(6) The conciliator shall hear testimony from the parties
and
provide for a written record to be made of all statements at
the
hearing. The board shall submit for inclusion in the record
and
for consideration by the conciliator the written report and
recommendation of the fact-finders.
(7) After hearing, the conciliator shall resolve the
dispute
between the parties by selecting, on an issue-by-issue
basis, from
between each of the party's final settlement offers,
taking into
consideration the following:
(a) Past collectively bargained agreements, if any,
between
the parties;
(b) Comparison of the issues submitted to final offer
settlement relative to the employees in the bargaining unit
involved with those issues related to other public and private
employees doing comparable work, giving consideration to factors
peculiar to the area and classification involved;
(c) The interests and welfare of the public, the ability
of
the public employer to finance and administer the issues
proposed,
and the effect of the adjustments on the normal
standard of public
service;
(d) The lawful authority of the public employer;
(e) The stipulations of the parties;
(f) Such other factors, not confined to those listed in
this
section, which are normally or traditionally taken into
consideration in the determination of the issues submitted to
final offer settlement through voluntary collective bargaining,
mediation, fact-finding, or other impasse resolution procedures
in
the public service or in private employment.
(8) Final offer settlement awards made under Chapter 4117.
of
the Revised Code are subject to Chapter 2711. of the Revised
Code.
(9) If more than one conciliator is used, the
determination
must be by majority vote.
(10) The conciliator shall make written findings of fact
and
promulgate a written opinion and order upon the issues
presented
to the conciliator, and upon the record made before
the
conciliator and shall mail or otherwise deliver a true copy
thereof to the
parties and the board.
(11) Increases in rates of compensation and other matters
with cost implications awarded by the conciliator may be
effective
only at the start of the fiscal year next commencing
after the
date of the final offer settlement award; provided that
if a new
fiscal year has commenced since the issuance of the
board order to
submit to a final offer settlement procedure, the
awarded
increases may be retroactive to the commencement of the
new fiscal
year. The parties may, at any time, amend or modify a
conciliator's award or order by mutual agreement.
(12) The parties shall bear equally the cost of the final
offer settlement procedure.
(13) Conciliators appointed pursuant to this section shall
be
residents of the state.
(H) All final offer settlement awards and orders of the
conciliator made pursuant to Chapter 4117. of the Revised Code
are
subject to review by the court of common pleas having
jurisdiction
over the public employer as provided in Chapter
2711. of the
Revised Code. If the public employer is located in
more than one
court of common pleas district, the court of common
pleas in which
the principal office of the chief executive is
located has
jurisdiction.
(I) The issuance of a final offer settlement award
constitutes a binding mandate to the public employer and the
exclusive representative to take whatever actions are necessary
to
implement the award.
Sec. 4117.15. (A) Whenever a strike by members of a
police
or fire department, members of the state highway patrol,
deputy
sheriffs, dispatchers employed by a police, fire, or
sheriff's
department or the state highway patrol or civilian
dispatchers
employed by a public employer other than a police,
fire, or
sheriff's department to dispatch police, fire, sheriff's
department, or emergency medical or rescue personnel and units,
an
exclusive nurse's unit, department of education employees of who
work at the state school for the
deaf
or the state school for the
blind, employees of any public
employee retirement system,
correction officers, guards at penal
or mental institutions, or
special police
officers
appointed in
accordance with sections
5119.14 and 5123.13
of the
Revised Code,
psychiatric attendants
employed at mental
health
forensic
facilities, youth leaders
employed at juvenile
correctional
facilities, or members of a law
enforcement security
force that
is established and maintained
exclusively by a board of
county
commissioners and whose members
are employed by that board,
a
strike by other public employees
during the pendency of the
settlement procedures set forth in
section 4117.14 of the Revised
Code, or a strike during the term
or extended term of a collective
bargaining agreement occurs, the
public employer may seek an
injunction against the strike in the
court of common pleas of the
county in which the strike is
located.
(B) An unfair labor practice by a public employer is not a
defense to the injunction proceeding noted in division (A) of
this
section. Allegations of unfair labor practices during the
settlement procedures set forth in section 4117.14 of the Revised
Code shall receive priority by the state employment relations
board.
(C) No public employee is entitled to pay or compensation
from the public employer for the period engaged in any strike.
Sec. 4117.24. (A) The training, publications, and grants fund
is hereby created in the
state treasury. The state employment
relations board shall deposit into the
training, publications, and
grants fund all moneys received from the following sources:
(A)(1) Payments received by the state employment relations
board for copies
of documents, rulebooks, and other publications;
(B)(2) Fees received from seminar
participants;
(C)(3) Receipts from the sale of clearinghouse data;
(D)(4) Moneys received from grants, donations, awards,
bequests, gifts, reimbursements, and similar funds;
(E)(5) Reimbursement received for professional services and
expenses related to professional services;
(F)(6) Funds received to support the development of labor
relations services and programs. The;
(7) Moneys received by the state personnel board of review
pursuant to division (C) of section 124.03 of the Revised Code.
(B) The state
employment relations board shall use all moneys
deposited into the training, publications, and grants fund to
defray the all of the following:
(1) The costs of furnishing and making available
copies of
documents, rulebooks, and other publications; the
(2) The costs of planning,
organizing, and conducting
training seminars; the
(3) The costs associated with grant projects, innovative
labor-management cooperation programs, research projects related
to these grants and programs, and the advancement in
professionalism of public sector relations; the
(4) The professional development of state employment
relations board employees; and the
(5) The costs of compiling
clearinghouse data;
(6) The cost of producing the administrative record of the
state personnel board of review.
The state employment relations board may seek, solicit, apply
for, receive, and accept grants, gifts, and contributions of
money, property, labor, and other things of value to be held for,
used for, and applied to only the purpose for which the grants,
gifts, and contributions are made, from individuals, private and
public corporations, the United States or any agency thereof, the
state or any agency thereof, and any political subdivision of the
state, and may enter into any contract with any such public or
private source in connection therewith to be held for, used for,
and applied to only the purposes for which such grants are made
and contracts are entered into, all subject to and in accordance
with the purposes of this chapter. Any money received from the
grants, gifts, contributions, or contracts shall be deposited into
the training, publications, and grants fund.
Sec. 4121.125. (A) The bureau of workers' compensation board
of directors, based upon recommendations of the workers'
compensation actuarial committee, may contract with one or more
outside actuarial firms
and other professional persons, as the
board
determines necessary, to assist the board in
measuring the
performance of Ohio's workers' compensation system
and in
comparing Ohio's workers' compensation system to other
state and
private workers' compensation systems. The board, actuarial firm
or firms, and professional persons
shall make such measurements
and comparisons using accepted
insurance industry standards,
including, but not limited to,
standards promulgated by the
National Council on
Compensation Insurance.
(B) The board may contract with one or more
outside
firms to
conduct management and financial audits of the workers'
compensation
system, including audits of the reserve fund
belonging to the state insurance
fund, and to establish objective
quality management principles and methods by
which to review the
performance of the workers' compensation system.
(C) The board shall do all of the following:
(1) Contract to have prepared annually by or under the
supervision of an actuary a report that meets the requirements
specified under division (E) of this section and that consists of
an actuarial valuation of the assets, liabilities, and funding
requirements of the state insurance fund and all other funds
specified in this chapter and Chapters 4123., 4127., and 4131. of
the Revised Code;
(2) Require that the actuary or person supervised by an
actuary referred to in division (C)(1) of this section complete
the valuation in accordance with the actuarial standards of
practice promulgated by the actuarial standards board of the
American academy of actuaries;
(3) Submit the report referred to in division (C)(1) of this
section to the workers' compensation council and the standing
committees of the house of representatives and the senate with
primary responsibility for workers' compensation legislation not
later than the first day of September following the year for which
the valuation was made;
(4) Have an actuary or a person who provides actuarial
services under the supervision of an actuary, at such time as the
board determines, and at least once during the five-year period
that commences on the effective date of this amendment September
10, 2007, and once
within each five-year period thereafter,
conduct an actuarial
investigation of the experience of
employers, the mortality,
service, and injury rate of employees,
and the payment of
temporary total disability, permanent partial
disability, and
permanent total disability under sections 4123.56
to 4123.58 of
the Revised Code to update the actuarial
assumptions used in the
report required by division (C)(1) of
this section;
(5) Submit the report required under division (F) of this
section to the council and the standing committees of the house of
representatives and the senate with primary responsibility for
workers' compensation legislation not later than the first day of
November following the fifth year of the period that the report
covers;
(6) Have prepared by or under the supervision of an actuary
an actuarial analysis of any introduced legislation expected to
have a measurable financial impact on the workers' compensation
system;
(7) Submit the report required under division (G) of this
section to the legislative service commission, the standing
committees of the house of representatives and the senate with
primary responsibility for workers' compensation legislation, and
the council not later than sixty days after the date of
introduction of the legislation.
(D) The administrator of workers' compensation and the
industrial commission shall
compile information and provide access
to records of the bureau
and the industrial commission to the
board to the extent
necessary for fulfillment of both of the
following
requirements:
(1) Conduct of the measurements and comparisons
described in
division (A) of this section;
(2) Conduct of the management and financial audits and
establishment of the principles and methods described in division
(B) of this section.
(E) The firm or person with whom the board contracts pursuant
to division (C)(1) of this section shall prepare a report of the
valuation and submit the report to the board. The firm or person
shall include all of the following information in the report that
is required under division (C)(1) of this section:
(1) A summary of the compensation and benefit provisions
evaluated;
(2) A summary of the census data and financial information
used in the valuation;
(3) A description of the actuarial assumptions, actuarial
cost method, and asset valuation method used in the valuation;
(4) A summary of findings that includes a statement of the
actuarial accrued compensation and benefit liabilities and
unfunded actuarial accrued compensation and benefit liabilities;
(5) A schedule showing the effect of any changes in the
compensation and benefit provisions, actuarial assumptions, or
cost methods since the previous annual actuarial valuation report
was submitted to the board.
(F) The actuary or person whom the board designates to
conduct an actuarial investigation under division (C)(4) of this
section shall prepare a report of the actuarial investigation and
shall submit the report to the board. The actuary or person shall
prepare the report and make any recommended changes in actuarial
assumptions in accordance with the actuarial standards of practice
promulgated by the actuarial standards board of the American
academy of actuaries. The actuary or person shall include all of
the following information in the report:
(1) A summary of relevant decrement and economic assumption
experience;
(2) Recommended changes in actuarial assumptions to be used
in subsequent actuarial valuations required by division (C)(1) of
this section;
(3) A measurement of the financial effect of the recommended
changes in actuarial assumptions.
(G) The actuary or person whom the board designates to
conduct the actuarial analysis under division (C)(6) of this
section shall prepare a report of the actuarial analysis and shall
submit that report to the board. The actuary or person shall
complete the analysis in accordance with the actuarial standards
of practice promulgated by the actuarial standards board of the
American academy of actuaries. The actuary or person shall include
all of the following information in the report:
(1) A summary of the statutory changes being evaluated;
(2) A description of or reference to the actuarial
assumptions and actuarial cost method used in the report;
(3) A description of the participant group or groups included
in the report;
(4) A statement of the financial impact of the legislation,
including the resulting increase, if any, in employer premiums, in
actuarial accrued liabilities, and, if an increase in actuarial
accrued liabilities is predicted, the per cent of premium increase
that would be required to amortize the increase in those
liabilities as a level per cent of employer premiums over a period
not to exceed thirty years.
(5) A statement of whether the employer premiums paid to the
bureau of workers' compensation after the proposed change is
enacted are expected to be sufficient to satisfy the funding
objectives established by the board.
(H) The board may, at any time, request an actuary to make
any studies or actuarial valuations to determine the adequacy of
the premium rates established by the administrator in accordance
with sections 4123.29 and 4123.34 of the Revised Code, and may
adjust those rates as recommended by the actuary.
(I) The board shall have an independent auditor, at least
once every ten years, conduct a fiduciary performance audit of the
investment program of the bureau of workers' compensation. That
audit shall include an audit of the investment policies approved
by the board and investment procedures of the bureau. The board
shall submit a copy of that audit to the auditor of state.
(J) The administrator, with the advice and consent of the
board, shall employ an chief internal auditor who shall report or
the office of internal auditing in the office of budget and
management, as applicable, shall submit a copy of the preliminary
report of the internal audit findings
and recommendations and a
copy of the final report directly to the board, and the workers'
compensation audit committee, and
in addition to the
administrator, except that the internal auditor shall not report
findings directly to the administrator when those findings involve
malfeasance, misfeasance, or nonfeasance on the part of the
administrator. The board and the workers' compensation audit
committee may request and review internal audits conducted by the
internal auditor as required under section 126.47 of the Revised
Code.
(K) The administrator
shall pay the expenses incurred by the
board to
effectively fulfill its duties and exercise its powers
under
this section as the administrator pays other operating
expenses
of the bureau.
Sec. 4141.08. (A) There is hereby created an unemployment
compensation advisory council appointed as follows:
(1) Three members who on account of their vocation,
employment, or affiliations can be classed as representative of
employers and three members who on account of their vocation,
employment, or affiliation can be classed as representatives of
employees appointed by the governor with the advice and consent
of
the senate. All appointees shall be persons whose training
and
experience qualify them to deal with the difficult problems
of
unemployment compensation, particularly with respect to the
legal,
accounting, actuarial, economic, and social aspects of
unemployment compensation;
(2) The chairpersons of the standing committees of the senate
and the house of representatives to which legislation pertaining
to Chapter 4141. of the Revised Code is customarily referred;
(3) Two members of the senate appointed by the president
of
the senate; and
(4) Two members of the house of representatives
appointed by
the speaker of the house of representatives.
The speaker and the president shall arrange that of the six
legislative members appointed to the council, not more than
three
are members of the same political party.
(B) Members appointed by the governor shall serve for a
term
of four years, each term ending on the same day as the date
of
their original appointment. Legislative members shall serve
during
the session of the general assembly to which they are
elected and
for as long as they are members of the general
assembly. Vacancies
shall be filled in the same manner as the
original appointment but
only for the unexpired part of a term.
(C) Members of the council shall serve without salary
but,
notwithstanding section 101.26 of the Revised Code, shall be
paid
a meeting stipend of fifty dollars per day each and their actual
and necessary
expenses while engaged in the performance of their
duties as
members of the council which shall be paid from funds
allocated to pay the expenses of the council pursuant to
this
section.
(D) The council shall organize itself and select a
chairperson or co-chairpersons and other
officers and committees
as it
considers necessary. Seven members constitute a quorum and
the
council may act only upon the affirmative vote of seven
members. The council shall meet at least once each calendar
quarter but it may meet more often as the council considers
necessary or at the request of the chairperson.
(E) The council may employ professional and clerical
assistance as it considers necessary and may request of the
director of job
and family services assistance as
it considers
necessary. The director shall
furnish the
council with office and
meeting space as requested by the
council.
(F) The director shall pay the operating expenses
of
the
council as determined by the council from moneys in the
unemployment compensation special administrative fund established
in section 4141.11 of the Revised Code.
(G) The council shall have access to only the records of the
department of job and family
services
that are necessary for the
administration of this chapter
and to the reasonable services of
the employees of the department. It may request the
director,
or
any of the employees appointed by the director,
or any
employer or
employee subject to this chapter, to appear before it and to
testify relative to
the
functioning of this chapter and to other
relevant
matters. The
council may conduct research of its own,
make and publish
reports, and recommend to the director, the
unemployment
compensation review commission, the governor, or the
general
assembly needed changes in this
chapter, or
in the rules
of the department as it considers necessary.
Sec. 4141.11. There is hereby created in the state
treasury
the unemployment compensation special administrative
fund. The
fund shall consist of all interest collected on
delinquent
contributions pursuant to this chapter, all fines and
forfeitures
collected under this chapter, and all court costs and
interest
paid or collected in connection with the repayment of
fraudulently
obtained benefits pursuant to section 4141.35 of the
Revised Code.
All interest earned on the money in the fund shall
be retained in
the fund and shall not be credited or transferred
to any other
fund or account, except as provided in division (B)
of this
section. All moneys which are deposited or paid into
this fund
may
be used by:
(A) The director of job and family services
with the
approval
of the unemployment compensation advisory
council,
whenever it
appears that such use is necessary for:
(1) The proper administration of this chapter and no
federal
funds are available for the specific purpose for which
the
expenditure is to be made, provided the moneys are not
substituted
for appropriations from federal funds, which in the
absence of
such moneys would be available;
(2) The proper administration of this chapter for which
purpose appropriations from federal funds have been requested and
approved but not received, provided the fund would be reimbursed
upon receipt of the federal appropriation;
(3) To the extent possible, the repayment to the
unemployment
compensation administration fund of moneys found by
the proper
agency of the United States to have been lost or
expended for
purposes other than, or an amount in excess of,
those
found
necessary by the proper agency of the United States
for the
administration of this chapter.
(B) The director or the
director's deputy whenever it
appears
that such use is necessary for the payment of refunds or
adjustments of interest, fines, forfeitures, or court costs
erroneously collected and paid into this fund pursuant to this
chapter.
(C) The director, to pay state disaster unemployment benefits
pursuant to section 4141.292 of the Revised Code. The director
need not have prior approval from the unemployment compensation
advisory council to make these
payments.
(D) The director, to pay any costs attributable to the
director that are associated with the sale of real property under
section 4141.131 of the Revised Code. The director need not have
prior approval from the council to make these payments.
Whenever the balance in the unemployment compensation
special
administrative fund is considered to be excessive by the
council
director,
the director shall request the director
of
budget and
management
to transfer to the unemployment
compensation fund the
amount
considered to be excessive. Any
balance in the unemployment
compensation special administrative
fund shall not lapse at any
time, but shall be continuously
available to the director of jobs
job
and family
services or to the council for expenditures
consistent
with this chapter.
Sec. 4141.162. (A) The director of job and family services
shall
establish an income and
eligibility
verification system that
complies with section 1137 of the
"Social Security Act." The
programs included in the system are all of the
following:
(1) Unemployment compensation pursuant to section 3304 of
the
"Internal Revenue Code of 1954";
(2) The state programs funded in part under part A of Title
IV of the "Social
Security Act" and administered under Chapters
5107. and 5108. of the Revised
Code;
(3) Medicaid pursuant to Title XIX of the
"Social Security
Act";
(4) Food stamps The supplemental nutrition assistance program
pursuant to the "Food Stamp and Nutrition Act of 1977,"
91
Stat.
958, 2008 (7 U.S.C.A. 2011, as amended et seq.;
(5) Any Ohio program under a plan approved under Title I,
X,
XIV, or XVI of the "Social Security Act."
Wage information provided by employers to the director
shall
be furnished to the income and eligibility verification system.
Such information shall be used by the director to
determine
eligibility of individuals for unemployment compensation benefits
and the amount of those benefits and used by the agencies that
administer the programs identified in divisions (A)(2) to (5) of
this section to determine or verify eligibility for or the amount
of benefits under those programs.
The director shall fully implement the use of wage
information to determine eligibility for and the amount of
unemployment compensation benefits by September 30, 1988.
Information furnished under the system shall also be made
available to the appropriate state or local child support
enforcement agency for the purposes of an approved plan under
Title IV-D of the "Social Security Act" and to the
appropriate
federal agency for the purposes of Titles II and XVI
of the
"Social Security Act."
(B) The director shall adopt rules as necessary
under
which
the department of
job and family
services and other state agencies
that the
director determines
must participate in order to ensure
compliance with section 1137
of the "Social Security Act" exchange
information with each other
or authorized federal agencies about
individuals who are
applicants for or recipients of benefits under
any of the
programs enumerated in division (A) of this section.
The rules
shall extend to all of the following:
(1) A requirement for standardized formats and procedures
for
a participating agency to request and receive information
about an
individual, which information shall include the
individual's
social security number;
(2) A requirement that all applicants for and recipients
of
benefits under any program enumerated in division (A) of this
section be notified at the time of application, and periodically
thereafter, that information available through the system may be
shared with agencies that administer other benefit programs and
utilized in establishing or verifying eligibility or benefit
amounts under the other programs enumerated in division (A) of
this section;
(3) A requirement that information is made available only
to
the extent necessary to assist in the valid administrative
needs
of the program receiving the information and is targeted
for use
in ways which are most likely to be productive in
identifying and
preventing ineligibility and incorrect payments;
(4) A requirement that information is adequately protected
against unauthorized disclosures for purposes other than to
establish or verify eligibility or benefit amounts under the
programs enumerated in division (A) of this section;
(5) A requirement that a program providing information is
reimbursed by the program using the information for the actual
costs of furnishing the information and that the
director be
reimbursed by the participating programs for any actual costs
incurred in operating the system;
(6) Requirements for any other matters necessary to ensure
the effective, efficient, and timely exchange of necessary
information or that the director determines must
be
addressed in
order to ensure compliance with the requirements of
section 1137
of the "Social Security Act."
(C) Each participating agency shall furnish to the income
and
eligibility verification system established in division (A)
of
this section that information, which the
director, by
rule,
determines is necessary in order to comply with section
1137 of
the "Social Security Act."
(D) Notwithstanding the information disclosure
requirements
of this section and
section
4141.21 and division (A) of section
4141.284 of the Revised
Code, the director shall
administer those
provisions of law
so as to comply with section
1137 of the "Social
Security Act."
(E) Requirements in section 4141.21 of the Revised Code
with
respect to confidentiality of information obtained in the
administration of Chapter 4141. of the Revised Code and any
sanctions imposed for improper disclosure of such information
shall apply to the redisclosure of information disclosed under
this section.
Sec. 4169.02. (A) For the purposes of regulating the
construction, maintenance, mechanical operation, and inspection
of
passenger tramways that are associated with ski areas and of
registering operators of passenger tramways in this state, there
is hereby established in the division of industrial compliance
labor in the
department of commerce a
ski tramway board to be
appointed by the governor, with the
advice and consent of the
senate. The board shall consist of
three members, one of whom
shall be a public member who is an
experienced skier and familiar
with ski areas in this state, one
of whom shall be a ski area
operator actively engaged in the
business of recreational skiing
in this state, and one of whom
shall be a professional engineer
who is knowledgeable in the
design or operation of passenger
tramways.
Of the initial appointments, one member shall be appointed
for a term of one year, one for a term of two years, and one for
a
term of three years. The member appointed to the term beginning on
July 1, 1996, shall
be appointed to a term ending on June 30,
1997; the member appointed
to a term beginning on July 1, 1997,
shall be appointed to a term
ending on June 30, 1999; and the
member appointed to a term beginning
on July 1, 1998, shall be
appointed to a term ending on June
30, 2001. Thereafter, each of
the members shall be appointed for a
term of six years. Each
member shall hold
office from the date of appointment until the
end of the term
for which the member was appointed. In the event
of a
vacancy, the
governor, with the advice and consent of the
senate, shall
appoint a successor who shall hold office for the
remainder of
the term for which the successor's predecessor was
appointed. A member
shall continue in office subsequent to the
expiration date of
the member's term until the member's successor
takes
office or until a period of sixty days has elapsed,
whichever occurs first.
The board shall elect a chairperson from
its members.
The governor may remove any member of the board at any time
for misfeasance, nonfeasance, or malfeasance in office after
giving the member a copy of the charges against
the member and an
opportunity to be heard publicly in person or by
counsel in the
member's defense. Any
such act of removal by the governor is
final. A statement of the
findings of the governor, the reason for
the governor's action, and the
answer, if any, of the member shall
be filed by the governor with
the secretary of state and shall be
open to public inspection.
Members of the board shall be paid two
hundred fifty dollars
for each meeting that the member attends, except that no
member
shall be paid or receive more than seven hundred fifty dollars for
attending meetings during any calendar year. Each member shall be
reimbursed for the member's actual and
necessary expenses incurred
in the performance of official board duties. The
chairperson shall
be paid two hundred fifty dollars annually in
addition to any
compensation the chairperson receives under this division for
attending meetings and any other compensation the chairperson
receives for
serving on the board.
The division shall provide the
board with such offices and
such clerical, professional, and
other assistance as may be
reasonably necessary for the board to
carry on its work. The
division shall
maintain accurate copies of the board's rules as
promulgated in
accordance with division (B) of this section and
shall keep all
of the board's records, including business records,
and
inspection reports as well as its own records and reports. The
cost of administering the board and conducting inspections shall
be included in the budget of the division based on revenues
generated by the registration fees
established under section
4169.03 of the Revised Code.
(B) In accordance with Chapter 119. of the Revised Code,
the
board shall adopt and may amend or rescind rules relating to
public safety in the construction, maintenance, mechanical
operation, and inspection of passenger tramways. The rules shall
be in accordance with established standards in the business of
ski
area operation, if any, and shall not discriminate in their
application to ski area operators.
No person shall violate the rules of the board.
(C) The authority of the board shall not extend to any
matter
relative to the operation of a ski area other than the
construction, maintenance, mechanical operation, and inspection
of
passenger tramways.
(D) A majority of the board constitutes a quorum and may
perform and exercise all the duties and powers devolving upon the
board.
Sec. 4169.03. (A) Before a passenger tramway operator may
operate any passenger tramway in the state,
the operator shall
apply to
the ski tramway board, on forms prepared by it,
for
registration by the board. The application shall contain an
inventory of the passenger tramways that the applicant intends to
operate and other information as the board may reasonably
require
and shall be accompanied by the following annual fees:
(1) Each aerial passenger tramway, five hundred dollars;
(2) Each skimobile, two hundred
dollars;
(3) Each chair lift, two hundred dollars;
(4) Each J bar, T bar, or platter pull, one
hundred dollars;
(5) Each rope tow, fifty dollars;
(6) Each wire rope tow, seventy-five dollars;
(7) Each conveyor, one hundred dollars.
When an operator operates an aerial passenger tramway, a
skimobile, or a chair lift during both a winter and summer
season,
the annual fee shall be one and one-half the above amount
for the
respective passenger tramway.
(B) Upon payment of the appropriate annual fees in
accordance
with division (A) of this section, the board shall
issue a
registration certificate to the operator. Each
certificate shall
remain in force until the thirtieth day of
September next ensuing.
The board shall renew an operator's
certificate in accordance with
the standard renewal procedure in
Chapter 4745. of the Revised
Code upon payment of the appropriate
annual fees.
(C) Money received from the registration fees and from the
fines collected pursuant to section 4169.99 of the Revised Code
shall be paid into the state treasury to the credit of the
industrial compliance labor operating fund created in
section
121.084 of the Revised Code.
(D) No person shall operate a passenger tramway in this
state
unless the person has been registered by the board.
Sec. 4169.04. (A) The division of industrial compliance
labor in the
department of commerce shall make such inspection of
the construction,
maintenance, and mechanical operation of
passenger tramways as the ski tramway
board may reasonably
require. The division
may contract with other qualified engineers
to make such inspection or may
accept the inspection report by any
qualified inspector of an insurance
company authorized to insure
passenger tramways in this state.
(B) If, as the result of an inspection, an employee of the
division or other agent with whom the division
has contracted
finds that a violation of the board's rules exists or a
condition
in passenger tramway construction, maintenance, or mechanical
operation exists that
endangers public safety, the employee or
agent shall make an
immediate report to the board for appropriate
investigation and order.
Sec. 4171.04. (A) Before a person may operate any roller
skating rink in the state, the person shall:
(1) Apply to the superintendent of the division of
industrial
compliance labor in the department of commerce on forms designated
by
the superintendent for a certificate of registration;
(2) Provide an inventory of all the roller skating rinks
that
the applicant intends to operate, and any other information the
superintendent may
reasonably require on the
application;
(3) Include with the application a registration fee of
twenty-five dollars for each roller skating rink to be operated
by
the applicant.
(B) Upon compliance with division (A) of this section, the
superintendent shall issue a certificate of
registration to the
operator for each roller skating rink to be operated by
the
applicant. Each certificate shall remain in force as follows:
(1) Until the thirty-first day of December next ensuing;
or
(2) For sixty days after the dissolution of a partnership.
(C) In case of the dissolution of a partnership by death,
the
surviving partner or partners may operate a roller skating
rink
pursuant to the certificate of registration obtained by the
partnership in accordance with this chapter for a period of sixty
days following dissolution. The heirs or representatives of
deceased persons and receivers or trustees in bankruptcy
appointed
by any competent authority may operate under the
certificate of
registration of the person succeeded in
possession.
(D) The superintendent shall renew an operator's
certificate
of registration in accordance with the standard license renewal
procedure set forth in Chapter 4745. of the Revised Code upon
payment of a renewal fee of twenty-five dollars for each roller
skating rink to be operated by the applicant.
(E) Money received from the registration and renewal fees
collected pursuant to this chapter shall be paid into the state
treasury to the credit of the industrial compliance
labor
operating fund created in section 121.084 of the
Revised Code.
Sec. 4301.43. (A) As used in sections 4301.43 to
4301.50 of
the Revised Code:
(1)
"Gallon" or
"wine gallon" means one
hundred twenty-eight
fluid ounces.
(2)
"Sale" or
"sell" includes exchange, barter,
gift,
distribution, and, except with respect to A-4 permit holders,
offer for sale.
(B) For the purposes of providing revenues for the
support
of
the state and encouraging the grape industries in the state, a
tax
is hereby levied on the sale or distribution of wine in Ohio,
except for known sacramental purposes, at the rate of thirty
cents
per wine gallon for wine containing not less than four per
cent of
alcohol by volume and not more than fourteen per cent of
alcohol
by volume, ninety-eight cents per wine gallon for wine
containing
more than fourteen per cent but not more than
twenty-one per cent
of alcohol by volume, one dollar and eight cents per wine gallon
for vermouth, and one dollar and
forty-eight cents per wine gallon
for sparkling and carbonated
wine and champagne, the tax to be
paid by the holders of A-2 and
B-5 permits or by any other person
selling or distributing wine
upon which no tax has been paid.
From
the tax paid under
this section on wine, vermouth, and
sparkling
and carbonated wine
and champagne, the treasurer of
state shall
credit to the Ohio
grape industries fund created under
section
924.54 of the Revised
Code a sum equal to one cent per
gallon for
each gallon upon
which the tax is paid.
(C) For the purpose of providing revenues for the support of
the state, there is hereby levied a tax on prepared and bottled
highballs, cocktails, cordials, and other mixed beverages at the
rate of one dollar and twenty cents per wine gallon to be paid by
holders of A-4 permits or by any other person selling or
distributing those products upon which no tax has been paid. Only
one sale of the same article shall be used in computing the
amount
of tax due. The tax on mixed beverages to be paid by
holders of
A-4 permits under this section shall not attach until
the
ownership of the mixed beverage is transferred for valuable
consideration to a wholesaler or retailer, and no payment of the
tax shall be
required prior to that time.
(D) During the period
of July 1,
2007 2009,
through June 30,
2009 2011, from the tax paid under this section
on wine, vermouth,
and
sparkling and carbonated wine and
champagne, the
treasurer of
state shall credit to the Ohio grape
industries fund created under
section 924.54 of the Revised Code a
sum equal to two cents per
gallon upon
which the tax is paid. The
amount credited under this
division is in addition
to the amount
credited to the Ohio grape
industries fund under division (B) of
this section.
(E) For the purpose of providing revenues for the support of
the
state, there
is hereby levied a tax on cider at the rate of
twenty-four cents per wine
gallon to be paid by the holders of A-2
and B-5 permits or
by any other person selling or distributing
cider upon which no tax has been
paid. Only one sale of the same
article shall be used in computing the amount
of the tax due.
Sec. 4303.331. No permit holder
shall purchase and import
into this state any beer from any
manufacturer, bottler, importer,
wholesale dealer, or broker
outside this state and within the
United States unless and until
such manufacturer, bottler,
importer, wholesale dealer, or broker
registers with the tax
commissioner and supplies such information
as the commissioner may
require.
The commissioner may, by rule,
require any registrant to file
with the commissioner a bond
payable to the state in such form and
amount as the commissioner
prescribes with surety to the
satisfaction of the tax
commissioner conditioned upon the making
of the report to be made
to the
tax
commissioner and the payment
to the
tax
commissioner of taxes levied by sections 4301.42 and
4305.01 of
the
Revised Code, all as provided in section 4303.33 of
the
Revised
Code.
Any such manufacturer, bottler,
importer, wholesale dealer,
or broker shall, as a part of such
registration, make the
secretary of state
its agent for the
service of process or
notice
of any assessment, action, or
proceedings instituted in the
state
against such person under
sections 4303.33, 4301.42, and
4305.01
of the Revised Code.
Such process or notice shall be
served, by the officer to
whom it is directed or by the tax
commissioner, or by the sheriff
of Franklin county, who may be
deputized for such purpose by the
officer to whom the service is
directed, upon the secretary of
state by leaving at the office of
the secretary of state, at least
fifteen days before the return
day of such process or notice, a
true and attested copy thereof,
and by sending to the defendant by
certified mail, postage
prepaid, a like and true attested copy,
with an endorsement
thereon of the service upon the secretary of
state, addressed to
such defendant at the address listed in the
registration or at
the defendant's last known address in
accordance with section 5703.37 of the Revised Code.
Any B-1 permit holder who
purchases beer from any
manufacturer, bottler, importer,
wholesale dealer, or broker
outside this state and within the
United States who has not
registered with the tax commissioner
and filed a bond as provided
in this section shall be liable for
any tax due on any beer
purchased from such unregistered
manufacturer, bottler, importer,
wholesale dealer, or broker and
shall be subject to any penalties
provided in Chapters 4301.,
4303., 4305., and 4307. of the Revised
Code.
Any B-1 permit holder who
purchases beer from any
manufacturer, bottler, importer,
wholesale dealer, or broker
outside this state and within the
United States who has complied
with this section shall not be
liable for any tax due to the state
on any beer purchased from
any such manufacturer, bottler,
importer, wholesale dealer, or
broker.
All money collected by the tax commissioner under this
section shall be paid to the treasurer of state as revenue arising
from the taxes levied by sections 4301.42, 4301.43, 4301.432, and
4305.01 of the Revised Code.
Sec. 4501.24. There is hereby created in the state treasury
the scenic rivers
protection fund. The fund shall consist of the
contributions not to exceed
forty dollars that are paid to the
registrar of motor vehicles by applicants
who voluntarily choose
to obtain scenic rivers license plates pursuant to
section 4503.56
of the Revised Code.
The contributions deposited in the fund shall be used by the
department of
natural resources to help finance wild, scenic, and
recreational river areas conservation, education, scenic
river
corridor protection and, restoration, scenic river and habitat
enhancement,
and clean-up projects along scenic rivers in those
areas. The chief of the division of watercraft in the department
may expend money in the fund for the acquisition of wild, scenic,
and recreational river areas, for the maintenance, protection, and
administration of such areas, and for construction of facilities
within those areas. All investment earnings of the
fund shall be
credited to the fund.
As used in this section, "wild river areas," "scenic river
areas," and "recreational river areas" have the same meanings as
in
section 1547.01 of the Revised Code.
Sec. 4501.29. The department of administrative services shall
collect user fees from participants in the multi-agency radio
communications system (MARCS). The director of administrative
services, with the advice of the MARCS steering committee and the
consent of the director of budget and management, shall determine
the amount of the user fees and the manner by which the fees shall
be collected. All moneys from user fees shall be deposited in the
MARCS administration fund, which is hereby created in the state
treasury. All investment earnings on moneys in the fund shall be
credited to the fund.
Sec. 4503.068. On or before the second Monday in September
of each year, the county treasurer shall total the amount by
which
the manufactured home taxes levied in that year were reduced
pursuant to
section
4503.065 of the Revised Code, and certify
that amount to
the tax
commissioner. Within ninety days of the
receipt of the
certification, the commissioner shall certify that
amount to the
director of budget and management and the director
shall make two
payments from the
general revenue fund in favor of
the county
treasurer. One shall
be in the full amount by which
taxes were
reduced. The other
shall be in an amount equal to two
per cent of
such amount and
shall be a payment provide for
payment to
the county treasurer, from the general revenue fund,
of the amount
certified, which shall be credited upon receipt to
the county's
undivided income tax fund, and an amount equal to
two per cent of
the amount by which taxes were reduced, which
shall be credited
upon receipt to the county general fund as a
payment, in addition
to the fees and charges authorized by
sections 319.54 and 321.26
of the Revised Code, to the county
auditor and
county treasurer for
the costs of administering
sections 4503.064
to 4503.069 of the
Revised Code.
Immediately upon receipt of the payment in the full amount
by
which taxes were reduced, the full amount of the payment shall
be
distributed funds into the county undivided income tax fund under
this section, the county auditor shall distribute the full amount
thereof among the taxing districts in the county as though
it
had
been received as taxes under section 4503.06 of the
Revised
Code
from each person for whom taxes were reduced under
section
4503.065 of the Revised Code.
Sec. 4503.10. (A) The owner of every snowmobile,
off-highway
motorcycle,
and
all-purpose vehicle required to be
registered
under section
4519.02 of the Revised
Code shall file an
application
for registration under section 4519.03 of the
Revised
Code. The owner of a motor
vehicle, other than a snowmobile,
off-highway motorcycle, or
all-purpose vehicle, that is not
designed and constructed by the
manufacturer for operation on a
street or highway may not
register it under this chapter except
upon certification of
inspection pursuant to section 4513.02 of
the
Revised
Code by the sheriff, or the chief of
police of the
municipal corporation or township, with jurisdiction
over the
political
subdivision in which the owner of the motor
vehicle
resides.
Except as provided in section 4503.103
of the Revised
Code, every
owner of every other motor vehicle
not previously
described in
this section and every
person mentioned as owner in
the last
certificate of title of a motor vehicle
that
is operated
or driven
upon the public roads or highways shall
cause to be
filed each
year, by mail or otherwise, in the office
of the
registrar of
motor vehicles or a deputy registrar, a
written or
electronic
application or a preprinted registration renewal
notice
issued
under section 4503.102 of the Revised Code, the form of
which
shall be prescribed by the registrar, for registration for
the
following registration year, which shall begin on the first
day of
January of every calendar year and end on the thirty-first
day of
December in the same year. Applications for registration
and
registration renewal notices shall be filed at the times
established by the registrar pursuant to section 4503.101 of the
Revised Code. A motor vehicle owner also may elect to apply for
or
renew a
motor
vehicle registration by electronic means using
electronic
signature in
accordance with rules adopted by the
registrar.
Except
as provided in division (J) of this
section,
applications
for registration shall be made on blanks
furnished by
the
registrar for that purpose, containing the
following
information:
(1) A brief description of the motor vehicle to be
registered, including the year, make, model, and vehicle
identification number, and, in the case of
commercial cars, the
gross weight of the vehicle fully equipped
computed in the manner
prescribed in section 4503.08 of the
Revised Code;
(2) The name and residence
address of the owner, and the
township and municipal corporation in
which the
owner resides;
(3) The district of registration, which shall be
determined
as follows:
(a) In case the motor vehicle to be registered is used for
hire or principally in connection with any established business
or
branch business, conducted at a particular place, the district
of
registration is the municipal corporation in which that place
is
located or, if not located in any municipal corporation, the
county and township in which that place is located.
(b) In case the vehicle is not so used, the district of
registration is the municipal corporation or county in which the
owner resides at the time of making the application.
(4) Whether the motor vehicle is a new or used motor
vehicle;
(5) The date of purchase of the motor vehicle;
(6) Whether the fees required to be paid for the
registration
or transfer of the motor vehicle, during the
preceding
registration year and during the preceding period of
the
current
registration year, have been paid. Each application
for
registration shall be signed by the owner, either
manually or by
electronic signature, or pursuant to
obtaining a limited power of
attorney authorized by the registrar for
registration, or other
document authorizing such signature. If the owner
elects to apply
for or renew
the motor vehicle registration with the registrar by
electronic
means, the owner's manual signature is not required.
(7) The owner's social security number, driver's license
number, or state identification number, or,
where a motor vehicle
to be registered is used for hire or
principally in connection
with any established business, the
owner's federal taxpayer
identification number. The bureau of
motor vehicles shall retain
in its records all social security
numbers provided under this
section, but the bureau shall not
place social security numbers on
motor vehicle certificates of
registration.
(B) Except as otherwise provided in this division, each time
an applicant first registers a motor
vehicle
in the applicant's
name, the
applicant shall present for
inspection a physical
certificate of title or memorandum
certificate
showing title to
the motor vehicle to be registered in
the name of the
applicant if
a physical certificate of title or
memorandum certificate has been
issued by a clerk of a court of
common pleas. If, under sections
4505.021, 4505.06, and 4505.08
of the Revised Code, a clerk
instead has issued an electronic
certificate of title for the
applicant's motor vehicle, that
certificate may be presented for
inspection at the time of first
registration in a manner
prescribed by rules adopted by the
registrar. An applicant is not
required to present a certificate of title to an electronic motor
vehicle dealer acting as a limited authority deputy registrar in
accordance with rules adopted by the registrar. When a
motor
vehicle inspection and maintenance
program is in effect
under
section 3704.14 of the Revised Code and
rules adopted under
it,
each application for registration for a
vehicle required to
be
inspected under that section and those
rules shall be
accompanied
by an inspection certificate for the
motor vehicle
issued in
accordance with that section. The
application shall be
refused if
any of the following applies:
(1) The application is not in proper form.
(2) The application is prohibited from being accepted by
division (D) of
section 2935.27, division (A) of section 2937.221,
division (A) of
section 4503.13, division (B) of section
4510.22,
or division (B)(1) of section 4521.10 of the Revised
Code.
(3) A
certificate of title or memorandum certificate of
title
is required but does not
accompany
the application or, in the case
of an
electronic certificate of title, is required but is not
presented in a manner
prescribed by the registrar's rules.
(4) All registration and transfer fees for the motor
vehicle,
for the preceding year or the preceding period of the
current
registration year, have not been paid.
(5) The owner or lessee does not have an inspection
certificate for the motor vehicle as provided in section 3704.14
of the Revised Code, and rules adopted under it, if that section
is applicable.
This section does not require the payment of license or
registration taxes on a motor vehicle for any preceding year, or
for any preceding period of a year, if the motor vehicle was not
taxable for that preceding year or period under sections 4503.02,
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the
Revised Code. When a certificate of registration is issued upon
the first registration of a motor vehicle by or on behalf of the
owner, the official issuing the certificate shall indicate the
issuance with a stamp on the certificate of title or memorandum
certificate or, in the case of an electronic certificate of title,
an electronic stamp or other notation as specified in rules
adopted by the registrar, and with a stamp on the inspection
certificate for the motor
vehicle, if any. The official also
shall
indicate, by a stamp or
by other means the registrar
prescribes,
on the
registration certificate issued upon the first
registration
of a
motor vehicle by or on behalf of the owner the
odometer
reading
of
the motor vehicle as shown in the odometer
statement
included
in
or attached to the certificate of title.
Upon each
subsequent
registration of the motor vehicle by or on
behalf of
the same
owner, the official also shall so indicate the
odometer
reading
of
the motor vehicle as shown on the immediately
preceding
certificate of registration.
The registrar shall include in the permanent registration
record of any vehicle required to be inspected under section
3704.14 of the Revised Code the inspection certificate number
from
the inspection certificate that is presented at the time of
registration of the vehicle as required under this division.
(C)(1) Commencing with each registration renewal with an
expiration date on or after October 1, 2003, and for each initial
application for registration received on and after that date, the
registrar and each deputy registrar shall collect an additional
fee of eleven dollars for each application for registration and
registration renewal received. The additional fee is for the
purpose of defraying the department of public safety's costs
associated with the administration and enforcement of the motor
vehicle and traffic laws of Ohio. Each deputy registrar shall
transmit the fees collected under division (C)(1) of this section
in the time and manner provided in this section. The registrar
shall deposit all moneys received under division (C)(1) of this
section into the state highway safety fund established in section
4501.06 of the Revised Code.
(2) In addition, a charge of twenty-five cents shall be
made
for each reflectorized safety license plate issued, and a single
charge
of twenty-five cents shall be made for each county
identification sticker
or each set of county
identification
stickers issued, as the case may be, to cover the cost
of
producing the license plates and
stickers, including material,
manufacturing, and administrative costs. Those
fees shall be in
addition to the
license tax. If the total cost of producing the
plates is less
than twenty-five cents per plate, or if the total
cost of
producing the stickers is less than twenty-five cents per
sticker or
per set issued, any excess moneys accruing from the
fees shall be distributed
in the same manner as provided by
section 4501.04 of the Revised
Code for the distribution of
license tax moneys. If the total
cost of producing the plates
exceeds twenty-five cents per plate,
or if the total cost of
producing the stickers exceeds
twenty-five cents per sticker or
per set issued, the difference shall
be paid from the
license tax
moneys collected pursuant to section 4503.02 of the
Revised Code.
(D) Each deputy registrar shall be allowed a fee of
two
dollars and
seventy-five cents
commencing on July 1,
2001, three
dollars and twenty-five cents commencing on January 1,
2003, and
three dollars and fifty cents commencing on January 1,
2004, for
each application for
registration and registration
renewal notice
the
deputy registrar receives,
which shall be for
the purpose of
compensating the deputy
registrar for the deputy
registrar's
services, and such
office and rental expenses,
as may
be necessary
for the proper discharge of the deputy registrar's
duties in the
receiving of applications and renewal notices and
the issuing of
registrations.
(E) Upon the certification of the registrar, the county
sheriff or local police officials shall recover license plates
erroneously or fraudulently issued.
(F) Each deputy registrar, upon receipt of any application
for
registration or registration renewal notice, together with the
license fee and any
local motor
vehicle license tax levied
pursuant to Chapter 4504. of the
Revised Code, shall transmit that
fee and tax, if any, in the
manner provided in this section,
together with the original and
duplicate copy of the application,
to the registrar. The
registrar, subject to the approval of the
director of public
safety, may deposit the funds collected by
those deputies in a
local bank or depository to the credit of the
"state of Ohio,
bureau of motor vehicles." Where a local bank or
depository
has been designated by the registrar, each deputy
registrar shall deposit
all moneys collected by the deputy
registrar into that bank
or depository not more than one business
day after their collection and shall
make
reports to the registrar
of the amounts so deposited, together
with any other information,
some of which may be prescribed by
the treasurer of state, as the
registrar may require and as
prescribed by the registrar by rule.
The registrar, within three
days after receipt of notification of
the deposit of funds by a
deputy registrar in a local bank or
depository, shall draw on that
account
in favor of the treasurer
of state. The registrar, subject to
the approval of the director
and the treasurer of state, may make
reasonable rules necessary
for the prompt transmittal of fees and
for safeguarding the
interests of the state and of counties,
townships, municipal
corporations, and transportation
improvement districts levying
local motor vehicle license taxes.
The
registrar may
pay
service
charges usually collected by banks and depositories for
such
service. If deputy registrars are located in
communities where
banking facilities are not available, they shall transmit the
fees
forthwith, by money order or otherwise, as the registrar, by
rule
approved by the director and the treasurer of state, may
prescribe. The registrar may pay the usual and customary fees
for
such service.
(G) This section does not prevent any person from making
an
application for a motor vehicle license directly to the
registrar
by mail, by electronic means, or in person at any of the
registrar's offices, upon payment of a service fee of
two
dollars
and
seventy-five cents
commencing on July 1, 2001,
three dollars
and twenty-five cents commencing on January 1, 2003,
and three
dollars and fifty cents commencing on January 1, 2004,
for each
application.
(H) No person shall make a false statement as to the
district
of registration in an application required by division
(A) of this
section. Violation of this division is falsification
under section
2921.13 of the Revised Code and punishable as
specified in that
section.
(I)(1) Where applicable, the requirements of division (B)
of
this section relating to the presentation of an inspection
certificate issued under section 3704.14 of the Revised Code and
rules adopted under it for a motor vehicle, the refusal of a
license for failure to present an inspection certificate, and the
stamping of the inspection certificate by the official issuing
the
certificate of registration apply to the registration of and
issuance of license plates for a motor vehicle under sections
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,
4503.47, and 4503.51 of the Revised Code.
(2)(a) The registrar shall adopt rules ensuring that each
owner registering a motor vehicle in a county where a motor
vehicle inspection and maintenance program is in effect under
section 3704.14 of the Revised Code and rules adopted under it
receives information about the requirements established in that
section and those rules and about the need in those counties to
present an inspection certificate with an application for
registration or preregistration.
(b) Upon request, the registrar shall provide the director
of
environmental protection, or any person that has been awarded
a
contract under division (D) of section 3704.14 of the Revised
Code, an on-line computer data link to registration information
for all passenger cars, noncommercial motor vehicles, and
commercial cars that are subject to that section. The registrar
also shall provide to the director of environmental protection a
magnetic data tape containing registration information regarding
passenger cars, noncommercial motor vehicles, and commercial cars
for which a multi-year registration is in effect under section
4503.103 of the Revised Code or rules adopted under it,
including,
without limitation, the date of issuance of the
multi-year
registration, the registration deadline established
under rules
adopted under section 4503.101 of the Revised Code
that was
applicable in the year in which the multi-year
registration was
issued, and the registration deadline for
renewal of the
multi-year registration.
(J) Application for registration under the international
registration plan, as set forth in sections 4503.60 to 4503.66 of
the Revised Code, shall be made to the registrar on forms
furnished by the registrar. In accordance with international
registration plan guidelines and pursuant to rules adopted by the
registrar, the forms shall include the following:
(1) A uniform mileage schedule;
(2) The gross vehicle weight of the vehicle or combined
gross
vehicle weight of the combination vehicle as declared by
the
registrant;
(3) Any other information the registrar requires by
rule.
Sec. 4503.235. (A) If division (G) of section 4511.19 or
division (B) of section 4511.193 of the Revised Code requires a
court, as part of the sentence of an offender who is convicted of
or
pleads guilty to a violation of division (A) of section
4511.19 of
the Revised Code or as a sanction for an offender who
is convicted of
or pleaded guilty to a violation of a municipal
OVI ordinance, to
order the immobilization of a vehicle for a
specified period of
time, notwithstanding the requirement, the
court in its discretion
may determine not to order the
immobilization of the vehicle if
both of the following apply:
(1) Prior to the issuance of the order of immobilization, a
family or household member of the offender files a motion with
the court identifying the vehicle and requesting that the
immobilization order not be issued on the ground that the family
or household member is completely dependent on the vehicle
for
the necessities of life and that the immobilization of the
vehicle would be an undue hardship to the family or household
member.
(2) The court determines that the family or household member
who files the motion is completely dependent on the vehicle for
the
necessities of life and that the immobilization of the
vehicle
would be an undue hardship to the family or household
member.
(B) If a court pursuant to division (A) of this section
determines not to order the immobilization of a vehicle that
otherwise would be required pursuant to division (G) of section
4511.19 or division (B) of section 4511.193 of the Revised Code,
the court shall issue an order that waives the immobilization that
otherwise would be required pursuant to either of those divisions.
The immobilization waiver order shall be in effect for the period
of time for which the immobilization of the vehicle otherwise
would have been required under division (G) of section 4511.19 or
division (B) of section 4511.193 of the Revised Code if the
immobilization waiver order had not been issued, subject to
division (D) of this section. The immobilization waiver order
shall specify the period of time for which it is in effect. The
court shall provide a copy of an immobilization waiver order to
the offender and to the family or household member of the
offender who filed the motion requesting that the immobilization
order not be issued and shall place a copy of the immobilization
waiver order in the record in the case. The court shall impose an
immobilization waiver fee in the amount of fifty dollars. The
court shall determine whether the fee is to be paid by the
offender or by the family or household member. The clerk of the
court shall transmit all of the fees collected
during a month on
or before the twenty-third day of the following
month to the
state treasury to
be credited to the
local indigent drivers
alcohol
treatment fund, created by the local alcohol and drug
addiction services board or the local board of alcohol, drug
addiction, and mental health services under
division
(F)(H) of
section
4511.191
of the Revised Code.
(C) If a court pursuant to division (B) of this section
issues an immobilization waiver order, the order shall identify
the family or household member who requested the order and the
vehicle to which the order applies, shall identify the family or
household members who are permitted to operate the vehicle, and
shall
identify the offender and specify that the offender is not
permitted to operate the vehicle. The immobilization waiver order
shall require that the family or household member display on the
vehicle to which the order
applies restricted license plates that
are issued under section
4503.231 of the Revised Code for the
entire period for which the
immobilization of the vehicle
otherwise would have been required
under division (G) of section
4511.19 or division (B) of section
4511.193 of the Revised Code
if the immobilization waiver order
had not been issued.
(D) A family or household member who is permitted to
operate
a vehicle under an immobilization waiver order issued
under this
section shall not permit the offender to operate the
vehicle. If
a family or household member who is permitted to
operate a
vehicle under an immobilization waiver order issued
under this
section permits the offender to operate the vehicle,
both of the
following apply:
(1) The court that issued the immobilization waiver order
shall terminate that order and shall issue an immobilization order
in accordance with section 4503.233 of the Revised Code that
applies to the vehicle, and the immobilization order shall be in
effect for the remaining period of time for which the
immobilization of the vehicle otherwise would have been required
under division (G) of section 4511.19 or division (B) of section
4511.193 of the Revised Code if the immobilization waiver order
had not been issued.
(2) The conduct of the family or household member in
permitting the offender to operate the vehicle is a violation of
section 4511.203 of the Revised Code.
(E) No offender shall operate a motor vehicle subject to an
immobilization waiver order. Whoever violates this division is
guilty of operating a motor vehicle in violation of an
immobilization waiver, a misdemeanor of the first degree.
(F) "Family or household member" has the same meaning as in
section 2919.25 of the Revised Code, except that the person must
be currently residing with the offender.
Sec. 4505.06. (A)(1) Application for a certificate of
title
shall be made in a form prescribed by the registrar of
motor
vehicles and shall be sworn to before a notary public or
other
officer empowered to administer oaths. The application
shall be
filed with the clerk of
any court of common pleas.
An
application
for a
certificate of title may be filed
electronically by
any
electronic
means approved by the registrar
in
any county
with the
clerk of the court of common pleas
of
that county. Any
payments
required by
this chapter
shall be
considered as
accompanying any
electronically transmitted
application when
payment actually is
received by the clerk.
Payment of any fee or
taxes may be made
by
electronic transfer
of
funds.
(2) The application for a certificate of title shall be
accompanied
by the fee prescribed in section 4505.09 of the
Revised Code. The fee shall be retained by the clerk who
issues
the
certificate of title and shall be distributed in
accordance
with that section.
If a clerk of a court of common
pleas, other
than the clerk of the court of
common pleas of an
applicant's
county of residence, issues a certificate of
title to
the
applicant, the clerk shall transmit data related to the
transaction to the automated title processing
system.
(3) If a certificate of title previously has been issued for
a
motor vehicle in this state,
the application for a
certificate
of title also shall be accompanied by that
certificate
of title
duly assigned, unless otherwise provided in
this chapter.
If a
certificate of title previously has not been
issued for the
motor
vehicle in this state, the application,
unless otherwise
provided
in this chapter, shall be accompanied
by a manufacturer's
or
importer's certificate or by a certificate
of title
of another
state
from which the motor vehicle was
brought into this state.
If
the
application refers to a motor
vehicle last previously
registered
in another state, the
application also shall be
accompanied by
the physical inspection
certificate required by
section 4505.061
of the Revised Code.
If
the application is made
by two persons
regarding a motor
vehicle
in which they wish to
establish joint
ownership with
right of
survivorship, they may do
so as provided
in section
2131.12 of
the Revised Code.
If the
applicant requests a
designation of
the
motor vehicle in
beneficiary form so that upon
the death of
the
owner of the motor
vehicle, ownership of the
motor vehicle
will
pass to a designated
transfer-on-death
beneficiary or
beneficiaries, the applicant may
do so as provided
in section
2131.13 of the Revised Code. A person
who establishes
ownership
of a motor vehicle that is transferable
on death in
accordance
with section 2131.13 of the Revised Code
may terminate
that type
of ownership or change the designation of
the
transfer-on-death
beneficiary or beneficiaries by applying for
a
certificate of
title pursuant to this section. The clerk
shall
retain
the
evidence of title
presented by the applicant and
on
which the
certificate of title
is issued,
except that, if an
application
for a
certificate of
title is
filed electronically
by
an
electronic motor vehicle
dealer on behalf of the
purchaser
of a
motor vehicle, the clerk
shall retain the completed
electronic
record to which the dealer
converted the certificate
of title
application and other required
documents. The
registrar, after
consultation
with the attorney general, shall
adopt rules that
govern the
location at which, and the manner in
which, are stored
the actual
application and all other documents
relating to the
sale of a
motor vehicle when an electronic motor
vehicle dealer
files the
application for a certificate of title
electronically on
behalf of
the purchaser.
The clerk shall use reasonable
diligence in
ascertaining
whether or not the facts in the
application
for a
certificate of
title are true by checking the application and
documents
accompanying it
or the
electronic record to which a
dealer
converted the
application and
accompanying documents
with
the
records of motor vehicles in the clerk's
office.
If the
clerk is
satisfied that the applicant is the
owner of the
motor
vehicle
and
that the application is in the
proper form,
the
clerk,
within
five
business days after the
application is
filed and except as
provided in section 4505.021 of the Revised Code, shall
issue a
physical
certificate of title
over the
clerk's signature
and
sealed with the clerk's seal,
unless
the
applicant
specifically
requests the clerk not to issue a
physical
certificate of title
and instead to
issue an electronic
certificate of title. For
purposes of the transfer of a
certificate
of title, if the clerk
is satisfied that the secured
party has duly discharged
a lien
notation but has not canceled
the lien notation with
a
clerk, the
clerk may cancel the lien
notation on
the automated title
processing system and notify the
clerk of the
county of origin.
(4) In the case of the sale of a motor vehicle to a general
buyer
or user
by a dealer, by a motor vehicle leasing dealer
selling
the
motor
vehicle to the lessee or, in a case in which
the
leasing
dealer subleased the
motor vehicle, the sublessee,
at
the
end of
the lease agreement or sublease
agreement, or by a
manufactured
home
broker, the certificate of title shall be
obtained in the
name of the buyer by the dealer, leasing
dealer,
or
manufactured home
broker, as the case may be, upon
application
signed by
the buyer. The certificate of title shall
be issued, or
the process
of entering the certificate of title
application
information into the automated title processing
system if a
physical
certificate of title is not to be issued
shall
be
completed, within
five business days after the
application for
title is filed with
the clerk. If the buyer of
the motor vehicle
previously leased the motor
vehicle and
is
buying the motor
vehicle at the end of the lease pursuant to that
lease,
the
certificate of title shall be obtained in the name of
the buyer by
the
motor vehicle leasing dealer who previously
leased the motor
vehicle to the
buyer or by the motor vehicle
leasing dealer who
subleased the motor vehicle
to the buyer
under a sublease
agreement.
In all other cases, except as provided in
section 4505.032
and division (D)(2)
of section 4505.11 of the Revised Code, such
certificates shall
be obtained by the buyer.
(5)(a)(i) If the certificate of title is being obtained in
the name of the buyer by a motor vehicle dealer or motor vehicle
leasing dealer and there is a security interest to be noted on the
certificate of title, the dealer or leasing dealer shall submit
the application for the certificate of title and payment of the
applicable tax to a clerk within seven business days after the
later of the delivery of the motor vehicle to the
buyer or the
date the dealer or leasing dealer obtains the
manufacturer's or
importer's certificate, or certificate of title
issued in the name
of the dealer or leasing dealer, for the motor vehicle.
Submission
of the application for the
certificate of title and payment of the
applicable tax within the
required seven business days may be
indicated by postmark or
receipt by a clerk within that period.
(ii) Upon receipt of the certificate of title with the
security interest noted on its face, the dealer or leasing dealer
shall forward the certificate of title to the secured party at the
location noted in the financing documents or otherwise specified
by the secured party.
(iii) A motor vehicle dealer or motor vehicle leasing
dealer
is liable to a secured party for a late fee of ten dollars
per day
for each certificate of title application and payment of
the
applicable tax that is submitted to a clerk more than seven
business days
but less than twenty-one days after the later of the
delivery of the motor vehicle to the buyer or the date the
dealer
or leasing dealer obtains the manufacturer's or importer's
certificate, or certificate of title issued in the name of the
dealer or leasing dealer, for the motor vehicle and,
from then on,
twenty-five dollars per day until the application
and applicable
tax are submitted to a clerk.
(b) In all cases of
transfer of
a motor vehicle, the
application for certificate of
title shall be
filed within
thirty
days after the assignment or
delivery of the
motor
vehicle. If an
application for a
certificate of title is
not
filed within
the
period
specified in division (A)(5)(b) of
this
section, the clerk
shall collect a fee of
five dollars for
the
issuance of the
certificate, except that no
such fee shall
be
required from a
motor vehicle salvage dealer,
as defined in
division (A) of
section 4738.01 of the Revised
Code, who
immediately surrenders
the certificate of title for
cancellation. The fee shall be in
addition to all other fees
established by this chapter, and shall
be retained by the clerk.
The
registrar shall provide, on the
certificate of title form
prescribed by section 4505.07 of the
Revised Code, language
necessary to give evidence of the date on
which the assignment or
delivery of the motor vehicle was made.
(6) As used in
division
(A) of this section,
"lease
agreement,"
"lessee," and
"sublease
agreement" have the same
meanings as in section 4505.04
of the Revised Code.
(B)(1) The clerk, except as provided in this section, shall
refuse to accept for filing any application for a certificate of
title and shall refuse to issue a certificate of title unless the
dealer or manufactured home broker or the applicant, in cases in
which the
certificate shall be obtained by the buyer, submits
with
the
application payment of the tax levied by or pursuant to
Chapters
5739. and 5741. of the Revised Code
based on the
purchaser's county of residence. Upon payment of the tax in
accordance with division (E) of this section, the clerk shall
issue a receipt prescribed by the registrar and agreed upon by the
tax
commissioner showing payment of the tax or a receipt issued
by
the
commissioner showing the payment of the tax. When
submitting
payment of the
tax to the clerk, a dealer shall
retain any
discount to which the dealer is
entitled under
section 5739.12 of
the Revised Code.
(2) For receiving and disbursing such taxes paid to the clerk
by
a resident of the clerk's county,
the clerk may retain a
poundage
fee of one and one one-hundredth
per cent,
and the clerk
shall
pay the poundage fee
into the certificate of title
administration fund created by
section 325.33 of the
Revised
Code.
The clerk shall not retain a
poundage fee from payments of
taxes
by persons who do not reside
in the clerk's county.
A clerk, however, may retain from the taxes paid to the
clerk
an amount equal to the poundage fees associated with
certificates
of title issued by other clerks of courts of common
pleas to
applicants who reside in the first clerk's county. The
registrar,
in consultation with the tax commissioner and the
clerks of the
courts of common pleas, shall develop a report from
the automated
title processing system that informs each clerk of
the amount of
the poundage fees that the clerk is permitted to
retain from those
taxes because of certificates of title issued by
the clerks of
other counties to applicants who reside in the first
clerk's
county.
(3) In the case of casual sales of motor vehicles, as defined
in
section 4517.01 of the Revised Code, the price
for the purpose
of
determining the tax shall be the purchase
price on the assigned
certificate of title executed
by the seller and filed with the
clerk by the
buyer on a form to be prescribed by the registrar,
which shall
be prima-facie evidence of the amount for the
determination of the tax.
(4) Each county clerk shall forward to the treasurer of state
all sales and use tax collections resulting from sales of motor
vehicles, off-highway motorcycles, and all-purpose vehicles during
a calendar week on or before the Friday following the close of
that week. If, on any Friday, the offices of the clerk of courts
or the state are not open for business, the tax shall be forwarded
to the treasurer of state on or before the next day on which the
offices are open. Every remittance of tax under division (B)(4) of
this section shall be accompanied by a remittance report in such
form as the tax commissioner prescribes. Upon receipt of a tax
remittance and remittance report, the treasurer of state shall
date stamp the report and forward it to the tax commissioner. If
the tax due for any week is not remitted by a clerk of courts as
required under division (B)(4) of this section, the commissioner
may require the clerk to forfeit the poundage fees for the sales
made during that week.
The treasurer of state may require the
clerks of courts to transmit tax collections and remittance
reports electronically.
(C)(1) If the transferor indicates on the certificate of
title
that the odometer reflects mileage in excess of the
designed
mechanical limit of the odometer, the clerk shall enter
the
phrase
"exceeds mechanical limits" following the mileage
designation. If
the transferor indicates on the certificate of
title that the
odometer reading is not the actual mileage, the
clerk shall enter
the phrase
"nonactual: warning -
odometer
discrepancy" following
the mileage designation. The clerk shall
use
reasonable care in
transferring the information supplied
by
the transferor, but is
not liable for any errors or omissions
of
the clerk or those of
the clerk's deputies in the
performance of
the clerk's duties
created by this chapter.
The registrar shall prescribe an affidavit in which the
transferor shall swear to the true selling price and, except as
provided in this division, the true odometer reading of the motor
vehicle. The registrar may prescribe an affidavit in which the
seller and buyer provide information pertaining to the odometer
reading of the motor vehicle in addition to that required by this
section, as such information may be required by the United States
secretary of transportation by rule prescribed under authority of
subchapter IV of the
"Motor Vehicle Information and Cost Savings
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.
(2) Division (C)(1) of this
section does not require the
giving of information
concerning the odometer and odometer
reading
of a motor vehicle
when ownership of a motor vehicle is
being
transferred as a
result of a bequest, under the laws of
intestate
succession, to a
survivor pursuant to
section
2106.18,
2131.12, or
4505.10
of the Revised
Code,
to a
transfer-on-death beneficiary or
beneficiaries
pursuant
to section
2131.13 of the Revised Code, in
connection
with the
creation
of a
security interest or for a
vehicle with a gross vehicle weight rating of more than sixteen
thousand pounds.
(D) When the transfer to the applicant was made in some
other
state or in interstate commerce, the clerk, except as
provided in
this section, shall refuse to issue any certificate
of
title
unless the tax imposed by or pursuant to Chapter
5741.
of
the
Revised Code
based on the purchaser's county of residence
has
been
paid as evidenced by a receipt issued by the tax
commissioner, or
unless the applicant submits with the
application
payment of
the
tax. Upon payment of the tax in
accordance with
division
(E) of
this section, the clerk shall
issue a
receipt
prescribed by the
registrar and agreed upon by
the tax
commissioner, showing
payment
of the tax.
For
receiving and
disbursing such taxes paid
to the clerk
by
a resident of the clerk's county, the clerk
may retain a
poundage
fee of one
and one one-hundredth per cent.
The
clerk
shall not
retain a poundage fee from payments of taxes by
persons
who do not
reside in the clerk's county.
A clerk, however, may retain from the taxes paid to the
clerk
an amount equal to the poundage fees associated with
certificates
of title issued by other clerks of courts of common
pleas to
applicants who reside in the first clerk's county. The
registrar,
in consultation with the tax commissioner and the
clerks of the
courts of common pleas, shall develop a report from
the automated
title processing system that informs each clerk of
the amount of
the poundage fees that the clerk is permitted to
retain from those
taxes because of certificates of title issued by
the clerks of
other counties to applicants who reside in the first
clerk's
county.
When the vendor is
not regularly
engaged in the
business of
selling
motor
vehicles, the vendor
shall not be required to
purchase a
vendor's
license or make
reports concerning
those
sales.
(E) The clerk shall accept any payment of a tax in cash, or
by
cashier's check, certified
check, draft,
money order, or
teller
check issued by any
insured financial institution payable
to the
clerk and submitted with an
application
for a certificate
of title
under division (B)
or (D) of this section. The clerk
also may
accept payment of the tax by corporate, business, or
personal
check, credit
card, electronic transfer or wire
transfer,
debit
card, or any other accepted
form of payment made
payable to
the
clerk. The clerk may require bonds,
guarantees,
or letters of
credit to ensure the collection of corporate,
business, or
personal
checks. Any service fee charged by a
third party to a
clerk for the use of
any form of payment may be
paid by the clerk
from the certificate of title
administration
fund created in
section 325.33 of the Revised Code, or may be
assessed by the
clerk upon the applicant as an additional fee.
Upon
collection,
the additional fees shall be paid by the clerk
into that
certificate of title administration fund.
The clerk shall make a good faith effort to collect any
payment of taxes
due but not made because the payment was
returned
or dishonored, but the clerk
is not personally liable
for the
payment of uncollected taxes or uncollected
fees. The
clerk
shall
notify the tax commissioner of any such payment of
taxes that is
due but
not made and shall furnish
the
information to the
commissioner
that the
commissioner
requires.
The clerk shall
deduct
the amount of taxes due but not
paid from
the clerk's
periodic
remittance of tax payments, in
accordance
with
procedures
agreed
upon by the tax commissioner.
The
commissioner may collect
taxes
due by assessment in the
manner
provided in section 5739.13
of the
Revised Code.
Any person who presents payment that is returned or
dishonored for any
reason is liable to the clerk for payment of a
penalty over and above the
amount of the taxes due. The clerk
shall determine the amount of the penalty,
and the penalty
shall
be no
greater than that amount necessary to compensate the
clerk
for
banking charges, legal fees, or other expenses
incurred by
the
clerk in
collecting the returned or dishonored
payment. The
remedies and procedures
provided in this section
are in addition
to any other available civil or
criminal
remedies. Subsequently
collected penalties, poundage
fees, and
title
fees, less
any
title
fee
due the state, from returned or
dishonored payments
collected
by
the clerk shall be paid into the
certificate of
title
administration fund.
Subsequently
collected taxes, less
poundage
fees,
shall be sent by the clerk
to the
treasurer of
state
at the
next
scheduled periodic
remittance of tax payments,
with
information as the
commissioner may require. The clerk
may
abate
all or any part of
any penalty assessed under this
division.
(F) In the following cases, the clerk shall accept for
filing
an application and shall issue a certificate of title
without
requiring payment or evidence of payment of the tax:
(1) When the purchaser is this state or any of its
political
subdivisions, a church, or an organization whose
purchases are
exempted by section 5739.02 of the Revised Code;
(2) When the transaction in this state is not a retail
sale
as defined by section 5739.01 of the Revised Code;
(3) When the purchase is outside this state or in
interstate
commerce and the purpose of the purchaser is not to
use, store, or
consume within the meaning of section 5741.01 of
the Revised Code;
(4) When the purchaser is the federal government;
(5) When the motor vehicle was purchased outside this
state
for use outside this state;
(6) When the motor vehicle is purchased by a nonresident
under the circumstances
described in division (B)(1) of section
5739.029 of the Revised
Code,
and
upon
presentation of a copy of
the affidavit provided by
that
section,
and a copy of the
exemption certificate provided
by
section
5739.03 of the Revised
Code.
(G) An application, as prescribed by the registrar
and
agreed
to by the tax commissioner, shall be filled out and sworn
to by
the buyer of a motor vehicle in a casual sale. The
application
shall contain the following notice in bold lettering:
"WARNING TO
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You
are
required by
law to state the true selling price. A false
statement is in
violation of section 2921.13 of
the Revised Code
and is punishable
by six months' imprisonment or
a fine of up to
one thousand
dollars, or both. All transfers are
audited by the
department of
taxation. The seller and buyer must
provide any
information
requested by the department of taxation. The buyer
may be assessed
any additional tax found to be due."
(H) For sales of manufactured homes or mobile homes
occurring
on or after January 1, 2000, the clerk shall accept for
filing,
pursuant to
Chapter 5739. of the Revised Code, an
application for
a
certificate of title for a manufactured home or
mobile home
without requiring payment of any tax pursuant to
section
5739.02,
5741.021, 5741.022, or 5741.023 of the
Revised
Code, or a receipt
issued by
the tax commissioner showing payment
of the tax. For
sales of
manufactured homes or mobile homes
occurring on or after
January 1,
2000, the applicant shall pay to
the clerk an
additional fee of five dollars
for each certificate
of title
issued by the clerk for a
manufactured or mobile home
pursuant to
division (H) of section 4505.11 of the Revised Code
and for each
certificate of title issued upon transfer of
ownership of
the
home. The clerk shall credit the fee to the
county
certificate of
title administration fund, and the fee shall
be used to
pay
the
expenses of archiving
those certificates
pursuant to
division
(A)
of section 4505.08
and division (H)(3)
of section
4505.11 of
the
Revised Code. The tax commissioner
shall
administer any tax
on a
manufactured or mobile home
pursuant to
Chapters 5739. and
5741.
of the
Revised Code.
(I) Every clerk shall have the capability to transact by
electronic means all procedures and transactions relating to the
issuance of
motor vehicle certificates of title that are
described
in the Revised Code as being accomplished by
electronic means.
Sec. 4507.45. If a person's driver's license, commercial
driver's
license, or nonresident operating privilege is suspended,
disqualified, or
canceled for an indefinite period of
time
or for
a period of at least ninety days, and if at the end of the
period
of suspension, disqualification, or
cancellation
the
person is
eligible to have the license or privilege
reinstated, the
registrar of motor vehicles shall collect a
reinstatement fee of
thirty forty
dollars
when the person requests
reinstatement.
However,
the registrar
shall not collect the fee
prescribed by
this section
if a
different driver's license,
commercial driver's
license, or
nonresident operating privilege
reinstatement fee is
prescribed by
law.
The registrar shall deposit ten dollars of each forty-dollar
fee into the state treasury to the credit of the indigent defense
support fund created by section 120.08 of the Revised Code and
thirty dollars of each fee into the state treasury to the credit
of the state bureau of motor vehicles fund created by section
4501.25 of the Revised Code.
Sec. 4509.101. (A)(1) No person shall operate, or permit
the
operation of, a motor vehicle in this state, unless proof of
financial responsibility is maintained continuously throughout
the
registration period with respect to that vehicle, or, in the
case
of a driver who is not the owner, with respect to that
driver's
operation of that vehicle.
(2) Whoever violates division (A)(1) of this section shall
be
subject to the following civil penalties:
(a)
Subject
to divisions (A)(2)(b) and (c) of this
section,
a
class
E
suspension of the person's driver's license, commercial
driver's
license, temporary instruction permit, probationary
license, or
nonresident
operating privilege for the period of time
specified
in division
(B)(5) of
section 4510.02 of the Revised
Code and
impoundment of the person's license.
The
court
may
grant
limited driving privileges to the person only if the
person
presents proof of financial responsibility and has complied
with
division
(A)(5) of this section.
(b) If, within
five years of the violation, the person's
operating privileges
are again suspended and the person's license
again is impounded
for a violation of division
(A)(1) of this
section,
a class
C suspension of the person's
driver's license,
commercial driver's
license, temporary
instruction permit,
probationary license, or nonresident
operating
privilege for the
period of time specified in division
(B)(3) of
section 4510.02 of
the Revised Code. The court may grant limited
driving privileges
to the
person only if the person presents proof
of financial
responsibility and has
complied with division (A)(5)
of this
section, and no court may grant
limited driving privileges
for the
first fifteen days of the
suspension.
(c)
If, within five years of the violation, the
person's
operating privileges are suspended and the person's license is
impounded two or more times for a violation of division (A)(1) of
this section, a class B suspension of the person's driver's
license, commercial driver's license, temporary instruction
permit,
probationary license, or nonresident operating privilege
for the period of
time
specified in division (B)(2) of section
4510.02 of the Revised Code. No court may
grant limited driving
privileges during the suspension.
(d) In addition to
the suspension of an owner's
license
under
division (A)(2)(a), (b),
or
(c) of this
section, the
suspension of
the
rights of the owner to register the motor
vehicle and the
impoundment of the owner's certificate of
registration and
license
plates until the owner complies with
division (A)(5)
of this
section.
(3) A person to whom this state has issued a certificate
of
registration for a motor vehicle or a license to operate a
motor
vehicle or who is determined to have operated any motor
vehicle or
permitted the operation in this state of a motor
vehicle owned by
the person shall be required to verify the
existence of proof of
financial responsibility covering the
operation of the motor
vehicle or the person's operation of the
motor vehicle under any
of the following circumstances:
(a) The person or a motor vehicle owned by the person is
involved in a traffic accident that requires the filing of an
accident report under section 4509.06 of the Revised Code.
(b) The person receives a traffic ticket indicating that
proof of the maintenance of financial responsibility was not
produced upon the request of a peace officer or state highway
patrol trooper made in accordance with division (D)(2) of
this
section.
(c) Whenever, in accordance with rules adopted by the
registrar, the person is randomly selected by the registrar and
requested to provide such verification.
(4) An order of the registrar that suspends and
impounds a
license or
registration, or both, shall state the date on or
before which
the person is required to surrender the person's
license or
certificate of registration and license plates. The
person
is deemed to have surrendered the license or certificate of
registration and license plates, in compliance with the
order, if
the person does either of the following:
(a) On or before the date specified in the order,
personally
delivers the license or certificate of registration
and license
plates, or causes the delivery of the items, to
the registrar;
(b) Mails the license or certificate of registration and
license plates to the registrar in an envelope or container
bearing a
postmark showing
a date no later than the date specified
in the order.
(5) Except as provided in division (A)(6)
or (L) of this
section,
the registrar shall not restore any operating
privileges
or
registration rights suspended under this section,
return any
license, certificate of registration, or license
plates impounded
under this section, or reissue license plates
under section
4503.232 of the Revised Code, if the registrar
destroyed the
impounded license plates under that section,
or reissue a license
under section
4510.52 of the
Revised Code,
if the
registrar
destroyed the suspended license under that
section,
unless the
rights are not subject to suspension or
revocation
under any other
law and unless the person, in addition
to
complying with all other
conditions required by law for
reinstatement of the operating
privileges or registration rights,
complies with all of the
following:
(a) Pays a financial responsibility reinstatement fee of
seventy-five one hundred dollars for the first violation of
division (A)(1)
of
this section, two three hundred fifty dollars
for a second violation
of
that division, and five six hundred
dollars for a third or
subsequent
violation of that division;
(b) If the person has not voluntarily surrendered the
license, certificate, or license plates in compliance with the
order,
pays a financial responsibility nonvoluntary compliance fee
in an
amount, not to exceed fifty dollars, determined by the
registrar;
(c) Files and continuously maintains proof of financial
responsibility under sections 4509.44 to 4509.65 of the Revised
Code.
(6) If the registrar issues an order under division
(A)(2)
of
this
section resulting from the failure of a person to respond
to
a financial
responsibility random verification request under
division (A)(3)(c) of this section and the person
successfully
maintains an affirmative defense to a violation of section
4510.16
of the
Revised Code or is determined by the registrar or a
deputy
registrar to have been in compliance with division (A)(1)
of this
section at the time of the initial financial
responsibility random
verification request, the
registrar shall do
both of the
following:
(a) Terminate the order of suspension or impoundment;
(b) Restore the operating privileges and registration rights
of
the person without payment of the fees established in divisions
(A)(5)(a) and (b) of this section and
without a requirement to
file proof of financial responsibility.
(B)(1) Every party required to
file an accident report under
section 4509.06 of the Revised Code also shall
include with the
report a document described in division (G)(1) of this
section.
If the registrar determines, within forty-five days after
the
report is filed, that an operator or owner has violated
division
(A)(1) of this section, the registrar shall do all of the
following:
(a) Order the impoundment, with respect to the motor
vehicle
involved, required under division (A)(2)(d) of this
section, of
the certificate of registration and license
plates of any owner
who has violated division (A)(1) of this
section;
(b) Order the suspension required under division (A)(2)(a),
(b),
or
(c)
of this section of the license of any operator or
owner who has
violated division (A)(1) of this section;
(c) Record the name and address of the person whose
certificate of registration and license plates have been
impounded
or are under an order of impoundment, or whose license
has been
suspended or is under an order of suspension; the serial
number of
the person's license; the serial numbers of
the person's
certificate of
registration and license plates; and the person's
social
security account number, if assigned, or, where the motor
vehicle
is used for hire or principally in connection with any
established business, the person's federal taxpayer
identification
number. The information shall be recorded in such
a manner that
it
becomes a part of the person's permanent record,
and assists
the
registrar in monitoring compliance with the
orders of
suspension
or impoundment.
(d) Send written notification to every person to whom the
order pertains, at the person's last known address as shown on
the
records of the bureau. The person, within ten days
after the date
of the mailing of the notification, shall surrender to
the
registrar, in a manner set forth in division (A)(4) of this
section, any certificate of registration and registration plates
under an order of impoundment, or any license under an order of
suspension.
(2) The registrar shall issue any order under division
(B)(1)
of this section without a hearing. Any person
adversely
affected
by the order, within ten days after the issuance of
the
order, may
request an administrative hearing before the
registrar,
who shall
provide the person with an opportunity for a
hearing in
accordance
with this paragraph. A request for a
hearing does not
operate as a
suspension of the order. The scope
of the hearing
shall be limited
to whether the person in fact
demonstrated to the
registrar proof
of financial responsibility
in accordance with
this section. The
registrar shall determine
the date, time, and
place of any
hearing, provided that the
hearing shall be held, and
an order
issued or findings made,
within thirty days after the
registrar
receives a request for a
hearing. If requested by the
person in
writing, the registrar
may designate as the place of
hearing the
county seat of the
county in which the person resides
or a place
within fifty miles
of the person's residence. The
person shall pay
the cost of the
hearing before the registrar, if
the registrar's
order of
suspension or impoundment is upheld.
(C) Any order of suspension or impoundment issued under
this
section or division (B) of section 4509.37 of the Revised
Code may
be terminated at any time if the registrar determines
upon a
showing of proof of financial responsibility that the
operator or
owner of the motor vehicle was in compliance with
division (A)(1)
of this section at the time of the traffic
offense, motor vehicle
inspection, or accident that
resulted in
the order against the
person. A determination may be made
without a hearing. This
division does not apply unless the
person shows good cause for the
person's failure to present
satisfactory proof of financial
responsibility to the
registrar prior to the issuance of the
order.
(D)(1) For the purpose of enforcing this section, every
peace
officer is deemed an agent of the registrar.
(a) Except as provided in division
(D)(1)(b) of this
section,
any peace
officer who, in the performance of the peace
officer's
duties as
authorized by
law, becomes aware of a person
whose
license is under an order of
suspension, or whose
certificate of
registration and license
plates are under an order
of impoundment,
pursuant to this
section, may confiscate the
license, certificate
of
registration, and license plates, and
return them to the
registrar.
(b) Any peace officer who, in the performance of the peace
officer's duties as authorized by law, becomes aware of a person
whose license
is under an order of
suspension, or whose
certificate of registration and license
plates are under an order
of impoundment resulting from failure to
respond to a financial
responsibility random verification, shall
not, for that reason,
arrest the owner or operator or seize the vehicle or
license
plates. Instead, the peace officer shall issue a citation for a
violation of
section
4510.16
of the
Revised Code specifying the
circumstances as failure to respond to
a financial responsibility
random
verification.
(2) A peace officer shall request the owner or operator of
a
motor vehicle to produce proof of financial responsibility in a
manner described in division (G) of this section at the
time the
peace officer acts to enforce the traffic laws of this state and
during motor vehicle inspections conducted pursuant to section
4513.02 of the Revised Code.
(3) A peace officer shall indicate on every traffic ticket
whether the person receiving the traffic ticket produced proof of
the maintenance of financial responsibility in response to the
officer's request under division (D)(2) of this section.
The
peace officer shall inform every person who receives a traffic
ticket and who has failed to produce proof of
the
maintenance of
financial responsibility that the person
must submit proof to the
traffic violations bureau with any payment of a
fine and costs for
the ticketed violation or, if the person is to
appear in court for
the
violation, the person must submit proof
to the court.
(4)(a) If a person who has failed to produce proof
of
the
maintenance of financial responsibility appears in court for a
ticketed
violation, the court may permit the defendant to present
evidence
of proof of financial responsibility to the court at such
time
and in such manner as the court determines to be necessary or
appropriate. In a manner prescribed by the registrar, the clerk of
courts shall provide the registrar
with
the identity of any person
who fails to submit proof of the
maintenance of financial
responsibility pursuant to division
(D)(3) of this section.
(b) If a person who has failed to produce proof of the
maintenance of financial responsibility also fails to submit that
proof to the
traffic violations bureau with payment of a fine and
costs for the ticketed
violation, the traffic violations bureau,
in a manner prescribed by the registrar,
shall notify the
registrar of the
identity of that person.
(5)(a) Upon receiving notice from a clerk of courts or
traffic
violations bureau pursuant to division (D)(4) of this
section,
the registrar shall
order the suspension of the license
of the person required under division
(A)(2)(a), (b),
or
(c) of
this section and the
impoundment of the
person's certificate of
registration and license plates required under
division
(A)(2)(d)
of this section, effective thirty
days after the date
of the
mailing of notification. The registrar also
shall notify
the
person
that the person must present the registrar with proof
of
financial
responsibility in accordance with this section,
surrender to the
registrar the person's certificate of
registration,
license plates,
and license, or submit a statement
subject to section 2921.13 of
the Revised Code that the person did
not operate or permit
the operation
of the motor vehicle at the
time of the offense.
Notification
shall be in writing and shall
be sent to the person at the person's
last known address as shown
on the records of the bureau of motor
vehicles. The person,
within
fifteen days after the date
of the mailing of notification,
shall
present proof of financial
responsibility, surrender the
certificate of registration,
license plates, and license to the
registrar in a
manner set
forth in division (A)(4) of this
section, or submit the statement
required under this section
together with other information the
person considers appropriate.
If the registrar does not receive proof or the person
does
not surrender the certificate
of registration, license plates,
and
license, in accordance with this division, the registrar shall
permit
the order
for the suspension of the license of the person
and the
impoundment of the person's
certificate of registration
and license plates
to take effect.
(b) In the case of a person who presents, within the
fifteen-day period, documents to show proof of financial
responsibility, the registrar shall terminate the order of
suspension and the impoundment of the registration and license
plates required
under division (A)(2)(d) of this section and
shall
send
written notification
to the person, at the person's
last
known address as shown on the records of
the bureau.
(c) Any person adversely affected by the order of the
registrar under division (D)(5)(a) or (b) of this section,
within
ten days after the issuance of the order, may request an
administrative hearing before the registrar, who shall provide
the
person with an opportunity for a hearing in accordance with
this
paragraph. A request for a hearing does not operate as a
suspension of the order. The scope of the hearing shall be
limited
to whether, at the time of the hearing, the person presents proof
of financial responsibility covering the vehicle and whether the
person is eligible for an exemption in accordance with
this
section or any rule adopted under it. The registrar shall
determine the date, time, and
place of any hearing; provided, that
the hearing shall be held,
and an order issued or findings made,
within thirty days after
the
registrar receives a request for a
hearing. If requested by
the
person in writing, the registrar may
designate as the place
of
hearing the county seat of the county in
which the person
resides
or a place within fifty miles of the
person's residence.
Such
person shall pay the cost of the hearing
before the
registrar, if
the registrar's order of suspension or
impoundment
under division
(D)(5)(a) or (b) of this section is
upheld.
(6) A peace officer may charge an owner or operator of a
motor vehicle with a violation of
section
4510.16 of the Revised
Code when the owner or operator
fails to
show proof of the
maintenance of financial responsibility
pursuant to a peace
officer's request under division (D)(2)
of
this section, if a
check of the owner or operator's driving
record
indicates that the
owner or operator, at the time of the
operation
of the motor
vehicle, is required to file and maintain
proof of
financial
responsibility under section 4509.45 of the
Revised Code
for a
previous violation of this chapter.
(7) Any forms used by law enforcement agencies in
administering this section shall be prescribed, supplied, and paid
for by the
registrar.
(8) No peace officer, law enforcement agency employing a
peace officer, or political subdivision or governmental agency
that employs a peace officer shall be liable in a civil action
for
damages or loss to persons arising out of the performance of
any
duty required or authorized by this section.
(9) As used in this division and divisions
(E) and (G) of
this section, "peace officer" has the meaning set forth in
section
2935.01 of the Revised Code.
(E) All fees, except court costs and those portions of the
financial responsibility reinstatement fees as otherwise specified
in this division, collected under this
section shall be paid into
the state treasury to the credit of
the
financial responsibility
compliance fund. The financial
responsibility compliance fund
shall be used exclusively to cover
costs incurred by the bureau in
the administration of this
section
and sections 4503.20, 4507.212,
and 4509.81 of the
Revised Code,
and by any law enforcement agency
employing any
peace officer who
returns any license, certificate
of
registration, and license
plates to the registrar pursuant
to
division (C) of this section,
except that the director
of
budget
and management may transfer
excess money from the
financial
responsibility compliance fund to
the state
bureau of motor
vehicles fund if the registrar
determines that the amount of
money
in the financial
responsibility compliance fund exceeds the
amount
required to
cover such costs incurred by the bureau or a
law
enforcement
agency and requests the director to make the
transfer.
Of each financial responsibility reinstatement fee the
registrar collects pursuant to division (A)(5)(a) of this section,
the registrar shall deposit twenty-five dollars of each
one-hundred-dollar reinstatement fee, fifty dollars of each
three-hundred-dollar reinstatement fee, and one hundred dollars of
each six-hundred-dollar reinstatement fee into the state treasury
to the credit of the indigent defense support fund created by
section 120.08 of the Revised Code.
All investment earnings of the financial responsibility
compliance fund shall be credited to the fund.
(F) Chapter 119. of the Revised Code applies to this
section
only to the extent that any provision in that chapter is
not
clearly inconsistent with this section.
(G)(1) The registrar, court, traffic violations
bureau, or
peace officer may require
proof of financial responsibility to be
demonstrated by use of a
standard form prescribed by the
registrar. If the use of a
standard form is not required, a
person
may demonstrate proof of
financial responsibility under
this
section by presenting to the
traffic violations bureau,
court,
registrar, or peace officer
any of the following documents
or a
copy of the documents:
(a) A financial responsibility identification card as
provided in section
4509.103 of the Revised Code;
(b) A certificate of proof of financial responsibility on
a
form provided and approved by the registrar for the filing of
an
accident report required to be filed under section 4509.06 of
the
Revised Code;
(c) A policy of liability insurance, a declaration page of
a
policy of liability insurance, or liability bond, if the policy
or
bond complies with section 4509.20 or sections 4509.49 to
4509.61
of the Revised Code;
(d) A bond or certification of the issuance of a bond as
provided in section 4509.59 of the Revised Code;
(e) A certificate of deposit of money or securities as
provided in section 4509.62 of the Revised Code;
(f) A certificate of self-insurance as provided in section
4509.72 of the Revised Code.
(2) If a person fails to demonstrate proof of financial
responsibility in a manner described in division (G)(1) of
this
section, the person may demonstrate proof of financial
responsibility under this section by any other method that the
court or the bureau, by reason of circumstances in a particular
case, may consider appropriate.
(3) A motor carrier certificated by the interstate
commerce
commission or by the public utilities commission may
demonstrate
proof of financial responsibility by providing a
statement
designating the motor carrier's operating authority and
averring
that the insurance coverage required by the
certificating
authority is in full force and effect.
(4)(a) A finding by the registrar or court that a person
is
covered by proof of financial responsibility in the form of an
insurance policy or surety bond is not binding upon the named
insurer or surety or any of its officers, employees, agents, or
representatives and has no legal effect except for the purpose of
administering this section.
(b) The preparation and delivery of a financial
responsibility identification card or any other document
authorized to be used as proof of financial responsibility under
this division does not do any of the following:
(i) Create any liability or estoppel against an insurer or
surety, or any of its officers, employees, agents, or
representatives;
(ii) Constitute an admission of the existence of, or of
any
liability or coverage under, any policy or bond;
(iii) Waive any defenses or counterclaims available to an
insurer, surety, agent, employee, or representative in an action
commenced by an insured or third-party claimant upon a cause of
action alleged to have arisen under an insurance policy or surety
bond or by reason of the preparation and delivery of a document
for use as proof of financial responsibility.
(c) Whenever it is determined by a final judgment in a
judicial proceeding that an insurer or surety, which has been
named on a document accepted by a court or the registrar as proof
of financial responsibility covering the operation of a motor
vehicle at the time of an accident or offense, is not liable to
pay a judgment for injuries or damages resulting from such
operation, the registrar, notwithstanding any previous
contrary
finding, shall forthwith suspend the operating privileges and
registration rights of the person against whom the judgment was
rendered as provided in division (A)(2) of this section.
(H) In order for any document described in division
(G)(1)(b)
of this section to be used for the demonstration
of
proof of
financial responsibility under this section, the
document
shall
state the name of the insured or obligor, the name
of the
insurer
or surety company, and the effective and
expiration dates
of the
financial responsibility, and designate
by explicit
description or
by appropriate reference all motor
vehicles covered
which may
include a reference to fleet insurance
coverage.
(I) For purposes of this section, "owner" does not include
a
licensed motor vehicle leasing dealer as defined in section
4517.01 of the Revised Code, but does include a motor vehicle
renting dealer as defined in section 4549.65 of the Revised
Code.
Nothing in this section or in section 4509.51 of the Revised Code
shall be
construed to prohibit a motor vehicle renting dealer
from
entering into a contractual agreement with a person whereby
the
person renting the motor vehicle agrees to be solely responsible
for
maintaining proof of
financial responsibility, in accordance
with this section, with
respect to the operation, maintenance, or
use of the motor vehicle during the
period
of the motor vehicle's
rental.
(J) The purpose of this section is to require the
maintenance
of proof of financial responsibility with respect to
the operation
of motor vehicles on the highways of this state, so
as to minimize
those situations in which persons are not
compensated for injuries
and damages sustained in motor vehicle
accidents. The general
assembly finds that this section contains
reasonable civil
penalties and procedures for achieving this
purpose.
(K) Nothing in this section shall be construed to be
subject
to section 4509.78 of the Revised Code.
(L)(1)
The registrar may terminate any suspension imposed
under
this section and not require the owner to comply with
divisions
(A)(5)(a), (b), and (c) of this section if the registrar
with or
without a hearing determines that the owner of the vehicle
has
established by clear and convincing evidence that all of the
following apply:
(a) The owner customarily maintains proof of financial
responsibility.
(b) Proof of financial responsibility was not in effect for
the vehicle on the date in question for one of the following
reasons:
(i) The vehicle was inoperable.
(ii) The vehicle is operated only seasonally, and the date in
question was outside the season of operation.
(iii) A person other than the vehicle owner or driver was at
fault for the lapse of proof of financial responsibility through
no fault of the owner or driver.
(iv) The lapse of proof of financial responsibility was
caused by excusable neglect under circumstances that are not
likely to recur and do not suggest a purpose to evade the
requirements of this chapter.
(2) The registrar may grant an owner or driver relief for a
reason specified in division (L)(1)(b)(i) or (ii) of this section
whenever the owner or driver is randomly selected to verify the
existence of proof of financial responsibility for such a vehicle.
However, the registrar may grant an owner or driver relief for a
reason specified in division (L)(1)(b)(iii) or (iv) of this
section only if the owner or driver has not previously been
granted
relief under division (L)(1)(b)(iii) or (iv) of this
section.
(M) The registrar shall adopt rules in accordance with
Chapter 119. of the Revised Code that are necessary to administer
and enforce this section. The rules shall include procedures for
the surrender of license plates upon failure to maintain
proof of
financial responsibility and provisions relating to
reinstatement
of registration rights, acceptable forms of proof
of financial
responsibility, and verification of the existence of
financial
responsibility during the period of registration.
Sec. 4510.14. (A) No person whose driver's or commercial
driver's license or permit or nonresident operating privilege has
been
suspended under section 4511.19, 4511.191, or 4511.196 of the
Revised Code or under section
4510.07 of the Revised Code for a
conviction of a violation
of a municipal OVI ordinance shall
operate any motor
vehicle upon the public roads or
highways within
this state during the period of the
suspension.
(B) Whoever violates this section is guilty of driving under
OVI
suspension. The court shall sentence the offender under
Chapter
2929. of the Revised Code, subject to the differences
authorized
or required by this section.
(1) Except as otherwise provided in division (B)(2) or (3)
of
this section, driving under OVI suspension is a misdemeanor of
the
first degree. The court shall sentence the offender to all of
the
following:
(a) A mandatory jail term of three consecutive days. The
three-day term shall be imposed, unless, subject to division (C)
of
this section, the court instead imposes a sentence of not less
than thirty
consecutive days of
house
arrest
with electronic
monitoring. A period of
house arrest
with electronic monitoring
imposed
under
this division shall not exceed six months. If the
court
imposes a
mandatory three-day jail term under this division,
the
court may
impose a jail term in addition to that term,
provided
that in no
case shall the cumulative jail term imposed
for the
offense exceed
six months.
(b) A fine of not less than two hundred fifty and not more
than
one thousand dollars;
(c) A license suspension under division (E) of this
section;
(d) If the vehicle the offender was operating at the time of
the
offense is registered in the offender's name, immobilization
for thirty days
of the offender's vehicle
and impoundment for
thirty days of the identification license
plates of that vehicle.
The order for immobilization and
impoundment shall be issued and
enforced in accordance with section
4503.233 of the Revised Code.
(2) If, within six years of the offense, the offender
previously
has been convicted of or pleaded guilty to one
violation of this section
or one equivalent offense, driving under
OVI suspension is a
misdemeanor of the first degree. The court
shall sentence the offender
to all of the following:
(a) A mandatory jail term of ten consecutive days.
Notwithstanding the
jail terms
provided in
sections 2929.21 to
2929.28 of the Revised Code, the court
may sentence the offender
to
a longer jail term of not more than
one year. The ten-day
mandatory jail
term shall be imposed
unless, subject to division
(C) of
this section, the court instead
imposes a sentence of not
less than ninety
consecutive days
of
house arrest
with electronic
monitoring.
The period of
house
arrest
with
electronic monitoring
shall not exceed one year.
(b) Notwithstanding the fines provided for in Chapter
2929.
of the Revised Code, a fine of not less
than five hundred and not
more than two thousand five hundred
dollars;
(c) A license suspension under division (E) of this
section;
(d) If the vehicle the offender was operating at the time of
the
offense is registered in the offender's name, immobilization
of
the offender's vehicle for sixty days and the impoundment for
sixty days of the identification license plates of that vehicle.
The order for immobilization and impoundment shall be issued and
enforced in accordance with section 4503.233 of the Revised
Code.
(3) If, within six years of the offense, the offender
previously has been
convicted of or pleaded guilty to two or more
violations of this section
or two or more equivalent offenses,
driving under OVI suspension
is a misdemeanor. The court shall
sentence the offender to all of the
following:
(a) A mandatory jail term of thirty consecutive days.
Notwithstanding the
jail terms
provided in
sections 2929.21 to
2929.28 of the Revised Code, the court
may sentence the offender
to
a longer jail term of not more than
one year. The court shall
not
sentence
the offender to a term of
house
arrest
with
electronic monitoring
in lieu of the mandatory portion of the jail
term.
(b) Notwithstanding the fines set forth in Chapter 2929.
of
the
Revised Code, a fine of not less
than five hundred and not
more than two thousand five hundred
dollars;
(c) A license suspension under division (E) of this
section;
(d) If the vehicle the offender was operating at the time of
the
offense is registered in the offender's name, criminal
forfeiture to the state
of the offender's
vehicle. The order of
criminal forfeiture shall be issued and
enforced in accordance
with section 4503.234 of the Revised
Code. If
title to a motor
vehicle that is subject to an order for criminal
forfeiture under
this division is assigned or transferred and
division (B)(2) or
(3) of section 4503.234 of the Revised
Code
applies, the court may
fine the offender the value of the vehicle as
determined by
publications of the national auto dealer's
association. The
proceeds from any fine so imposed shall be distributed
in
accordance with division (C)(2) of section 4503.234 of the
Revised
Code.
(C) No court shall impose an alternative sentence of
house
arrest
with electronic monitoring
under division (B)(1) or (2)
of
this section unless, within sixty
days of the date of
sentencing,
the court issues a written finding
on the record that,
due to the
unavailability of space at the jail
where the offender
is required
to serve the jail term imposed, the
offender will not
be able to
begin serving
that term within the
sixty-day period
following the
date of sentencing.
An offender sentenced under this section to a period of
house
arrest
with electronic monitoring
shall be permitted work
release
during that period.
(D) Fifty per cent of any fine imposed by a court under
division
(B)(1), (2), or (3) of this section shall be deposited
into the
county local indigent drivers alcohol treatment fund or
municipal indigent drivers
alcohol treatment fund under the
control of that court, as created by the county or municipal
corporation
local alcohol and drug addiction services board or the
local board of alcohol, drug addiction, and mental health services
pursuant to division (H) of section 4511.191 of the
Revised
Code.
(E) In addition to or independent of all other penalties
provided
by law or ordinance, the trial judge of any court of
record or the mayor
of a mayor's court shall impose on an offender
who is convicted of or pleads
guilty to a violation of this
section a class seven suspension
of the offender's driver's or
commercial driver's license or permit or nonresident operating
privilege
from the range specified in division (A)(7) of section
4510.02 of the
Revised Code.
When permitted as specified in section 4510.021 of the
Revised Code, if the court grants
limited driving privileges
during a suspension imposed under this section, the
privileges
shall be granted on the additional condition
that the offender
must display restricted license plates, issued
under section
4503.231 of the Revised Code, on the vehicle driven
subject to the
privileges, except as provided in division (B) of that
section.
A suspension of a commercial driver's license under this
section
shall be concurrent with any period of suspension or
disqualification
under section
3123.58 or 4506.16 of the Revised
Code. No person
who is
disqualified for life from holding a
commercial driver's
license under
section 4506.16 of the Revised
Code shall be issued
a
driver's license under Chapter 4507. of the
Revised Code during
the period for which the commercial driver's
license was suspended
under this section, and no person whose
commercial driver's
license is suspended under this section shall
be issued a driver's
license under Chapter 4507. of the Revised
Code during the period
of the suspension.
(F) As used in this section:
(1) "Electronic
monitoring" has the same
meaning
as in
section
2929.01 of
the Revised Code.
(2) "Equivalent offense" means any of the following:
(a) A violation of a municipal ordinance, law of another
state,
or law of the United States that is substantially
equivalent
to division (A) of this section;
(b) A violation of a former law of this state that was
substantially equivalent to division (A) of this section.
(3) "Jail" has the same meaning as in section 2929.01 of the
Revised
Code.
(4) "Mandatory jail term" means the mandatory term in jail
of
three, ten, or thirty consecutive days that must be imposed
under
division (B)(1), (2), or (3) of this section upon an
offender
convicted of a violation of division (A) of this section
and in
relation to which all of the following apply:
(a) Except as specifically authorized under this section,
the
term must be served in a jail.
(b) Except as specifically authorized under this section,
the
term cannot be suspended, reduced, or otherwise modified
pursuant
to
any
provision of
the Revised Code.
Sec. 4510.22. (A) If a person who has a current
valid
Ohio
driver's, commercial driver's license,
or
temporary
instruction
permit is charged with a
violation of any provision in
sections
4511.01 to 4511.76,
4511.84,
4513.01 to 4513.65,
or
4549.01
to
4549.65 of the Revised Code
that is classified as a
misdemeanor
of
the first, second, third,
or fourth degree or with
a violation
of
any
substantially equivalent
municipal ordinance
and if the person
either fails to appear in court at the
required
time and place to
answer the charge or pleads guilty to
or is
found guilty of the
violation and fails within the time
allowed by
the court to pay
the fine imposed by the court, the
court shall
declare the
forfeiture of the person's
license.
Thirty
days
after the
declaration of forfeiture, the court shall
inform
the registrar of
motor vehicles of the
forfeiture by
entering
information
relative
to the
of forfeiture on a
form
approved and furnished by
the
registrar and sending the form
to the registrar. The court
also
shall forward
the person's
license, if it is in the
possession of
the
court, to the
registrar.
The registrar shall
impose a class F
suspension of
the
person's driver's or commercial driver's license,
or temporary
instruction permit for the period of time specified in division
(B)(6) of section 4510.02 of the Revised Code on
any person who is
named in a declaration received by the registrar under this
section. The registrar shall send written
notification
of the
suspension to the person
at
the person's last
known
address and,
if the person is in possession of the license,
order
the person to
surrender the person's
license
or permit to
the registrar within
forty-eight
hours.
No valid driver's or
commercial driver's license shall be
granted to the person after
the suspension, unless the court
having
jurisdiction of the offense that led to the
suspension
orders that the
forfeiture be terminated.
The court
shall
order
the termination of the forfeiture if the person
thereafter appears
to answer the charge and pays any fine imposed
by the court or
pays the fine originally imposed by the court.
The
court
shall
inform the registrar of the termination of the
forfeiture by
entering
information relative to the
termination on a form
approved and furnished by
the registrar and
sending the form to
the registrar. The
person
shall pay to the bureau
of motor
vehicles a fifteen-dollar twenty-five-dollar reinstatement fee to
cover the costs of the
bureau
in administering
this
section. The
registrar
shall
deposit
fifteen dollars of the fee into
the state
treasury to the credit of the state bureau of
motor vehicles fund
created
by
section 4501.25 of the Revised
Code to cover the
costs
of the bureau in administering this section and shall
deposit ten
dollars of the fee into the state treasury to the
credit of the
indigent defense support fund created by section
120.08 of the
Revised Code.
(B) In addition to suspending the driver's or commercial
driver's license
or permit of the person named in a declaration of
forfeiture, the registrar, upon
receipt from the court
of the copy
of the declaration of
forfeiture, shall
take any measures that
may
be necessary to ensure that neither the
registrar
nor any
deputy
registrar accepts any application for the
registration or
transfer
of registration of any motor vehicle
owned or leased by
the person
named in the declaration of forfeiture.
However, for a motor
vehicle
leased by a person named
in a declaration of forfeiture,
the registrar
shall not
implement
the preceding sentence until
the
registrar
adopts
procedures for
that implementation under section
4503.39
of
the
Revised Code.
The
period of denial of registration
or transfer
shall continue
until
such time as the court having
jurisdiction of
the offense
that led
to the suspension
orders the
forfeiture
be
terminated. Upon
receipt
by the registrar of
an
order
terminating
the
forfeiture, the registrar also
shall take
any
measures
that may be
necessary to
permit the person to
register a
motor vehicle owned
or leased by the person or
to
transfer the
registration of such a
motor vehicle, if the person
later
makes
application to take such
action and otherwise is
eligible to
register
the motor vehicle or
to transfer its
registration.
The registrar shall not be required to give effect to any
declaration of
forfeiture or order terminating a
forfeiture
provided by a court under this
section
unless the information
contained in the declaration or order is
transmitted to the
registrar by means of an electronic transfer
system. The registrar
shall not restore the person's driving or vehicle registration
privileges until the person pays the reinstatement fee as provided
in this section.
The
period of denial relating to the
issuance
or transfer of
a certificate of registration for a motor
vehicle imposed
pursuant
to
this division
remains in effect
until the person pays any fine
imposed by the
court relative to the offense.
Sec. 4510.45. (A)(1) A manufacturer of ignition interlock
devices that desires for its devices to be certified under section
4510.43 of the Revised Code and then to be included on the list of
certified devices that the department of public safety compiles
and makes available to courts pursuant to that section first shall
obtain a license from the department under this section. The
department, in accordance with Chapter 119. of the Revised Code,
shall adopt any rules that are necessary to implement this
licensing requirement.
(2) A manufacturer shall apply to the department for the
license and shall include all information the department may
require by rule. Each application, including an application for
license renewal, shall be accompanied by an application fee of one
hundred dollars, which the department shall deposit into the state
treasury to the credit of the state indigent drivers alcohol
treatment
fund created by division (F) of section 4511.191 of the
Revised Code.
(3) Upon receipt of a completed application, if the
department finds that a manufacturer has complied with all
application requirements, the department shall issue a license to
the manufacturer. A manufacturer that has been issued a license
under this section is eligible immediately to have the models of
ignition interlock devices it produces certified under section
4510.43 of the Revised Code and then included on the list of
certified devices that the department compiles and makes available
to courts pursuant to that section.
(4)(a) A license issued under this section shall expire
annually on a date selected by the department. The department
shall reject the license application of a manufacturer if any of
the following apply:
(i) The application is not accompanied by the application
fee.
(ii) The department finds that the manufacturer has not
complied with all application requirements.
(iii) The license application is a renewal application and
the manufacturer failed to file the annual report or failed to pay
the fee as required by division (B) of this section.
(b) A manufacturer whose license application is rejected by
the department may appeal the decision to the director of public
safety. The director or the director's designee shall hold a
hearing on the matter not more than thirty days from the date of
the manufacturer's appeal. If the director or the director's
designee upholds the denial of the manufacturer's application for
a license, the manufacturer may appeal the decision to the
Franklin county court of common pleas. If the director or the
director's designee reverses the denial of the manufacturer's
application for a license, the director or the director's designee
shall issue a written order directing that the department issue a
license to the manufacturer.
(B) Every manufacturer of ignition interlock devices that is
issued a license under this section shall file an annual report
with the department on a form the department prescribes on or
before a date the department prescribes. The annual report shall
state the amount of net profit the manufacturer earned during a
twelve-month period specified by the department that is
attributable to the sales of that manufacturer's certified
ignition interlock devices to purchasers in this state. Each
manufacturer shall pay a fee equal to five per cent of the amount
of the net profit
described in this division.
The department may permit annual reports to be filed via
electronic means.
(C) The department shall deposit all fees it
receives from
manufacturers under this section into the state
treasury to the
credit of the state indigent drivers alcohol treatment
fund
created by
division (F) of section 4511.191 of the Revised Code.
All money so
deposited into
that fund that is paid by the
department of alcohol
and drug
addiction services to county
indigent drivers alcohol
treatment
funds, county juvenile
indigent drivers alcohol
treatment funds,
and municipal local
indigent drivers alcohol treatment
funds shall be
used only as
described in division (H)(3) of
section 4511.191
of
the Revised
Code.
(D)(1) The director may make an assessment, based on any
information in the director's possession, against any manufacturer
that fails to file an annual report or pay the fee required by
division (B) of this section. The director, in
accordance with
Chapter 119. of the Revised Code, shall adopt
rules governing
assessments and assessment procedures and related
provisions. In
adopting these rules, the director shall
incorporate the
provisions of section 5751.09 of the Revised Code
to the greatest
extent possible, except that the director is not
required to
incorporate any provisions of that section that by
their nature
are not applicable, appropriate, or necessary to
assessments made
by the director under this section.
(2) A manufacturer may appeal the final determination of the
director regarding an assessment made by the director under this
section. The director, in accordance with Chapter 119. of the
Revised Code, shall adopt rules governing such appeals. In
adopting these rules, the director shall incorporate the
provisions of section 5717.02 of the Revised Code to the greatest
extent possible, except that the director is not required to
incorporate any provisions of that section that by their nature
are not applicable, appropriate, or necessary to appeals of
assessments made by the director under this section.
(E) The director, in accordance with Chapter 119. of the
Revised Code, shall adopt a penalty schedule setting forth the
monetary penalties to be imposed upon a manufacturer that is
issued a license under this section and fails to file an annual
report or pay the fee required by division (B) of this section in
a timely manner. The penalty
amounts shall not exceed the maximum
penalty amounts established
in section 5751.06 of the Revised
Code for similar or equivalent
facts or circumstances.
(F)(1) No manufacturer of ignition interlock devices that is
required by division (B) of this section to file an annual report
with the department or to pay a fee shall fail to do so
as
required by that division.
(2) No manufacturer of ignition interlock devices that is
required by division (B) of this section to file an annual report
with the department shall file a report that contains incorrect or
erroneous information.
(G) Whoever violates division (F)(2) of this section is
guilty of a misdemeanor of the first degree. The department shall
remove from the list of certified devices described in division
(A)(1) of this section the ignition interlock devices manufactured
by a manufacturer that violates division (F)(1) or (2) of this
section.
Sec. 4511.19. (A)(1) No person shall operate any vehicle,
streetcar, or trackless trolley
within this state, if,
at the
time
of the operation, any of the
following apply:
(a) The person is under the influence of alcohol, a drug
of
abuse, or
a
combination of
them.
(b) The person has a concentration of eight-hundredths of
one
per cent or more
but less than seventeen-hundredths of one per
cent
by weight
per unit volume of alcohol in the person's
whole
blood.
(c)
The person has a concentration of ninety-six-thousandths
of
one per
cent or more but less than two hundred four-thousandths
of
one per cent
by weight per unit volume of alcohol in the
person's
blood serum or
plasma.
(d) The person has a concentration of eight-hundredths of
one
gram or more but less than seventeen-hundredths of one gram
by
weight of alcohol per two hundred ten liters
of the person's
breath.
(e) The person has a concentration of eleven-hundredths
of
one gram or more
but less than two hundred
thirty-eight-thousandths of one gram
by weight of alcohol per one
hundred
milliliters of the person's urine.
(f) The person has a concentration of
seventeen-hundredths
of
one per cent or more by weight
per unit
volume
of alcohol in
the
person's
whole blood.
(g)
The person has a concentration of two hundred
four-thousandths of one per cent or more by weight per unit volume
of alcohol
in the person's blood serum or plasma.
(h) The person has a concentration of
seventeen-hundredths
of
one gram or more by weight of alcohol per
two hundred ten
liters
of the person's breath.
(i) The person has a concentration of two hundred
thirty-eight-thousandths of one gram or more by weight of alcohol
per one hundred milliliters of the person's urine.
(j) Except as provided in division (K) of this section, the
person has a concentration of any of the following controlled
substances or metabolites of a controlled substance in the
person's whole blood, blood serum or plasma, or urine that equals
or exceeds any of the following:
(i) The person has a concentration of amphetamine in the
person's urine of at least five hundred nanograms of amphetamine
per milliliter of the person's urine or has a concentration of
amphetamine in the person's whole blood or blood serum or plasma
of at least one hundred nanograms of amphetamine per milliliter of
the person's whole blood or blood serum or plasma.
(ii) The person has a concentration of cocaine in the
person's urine of at least one hundred fifty nanograms of cocaine
per milliliter of the person's urine or has a concentration of
cocaine in the person's whole blood or blood serum or plasma of at
least fifty nanograms of cocaine per milliliter of the person's
whole blood or blood serum or plasma.
(iii) The person has a concentration of cocaine metabolite in
the person's urine of at least one hundred fifty nanograms of
cocaine metabolite per milliliter of the person's urine or has a
concentration of cocaine metabolite in the person's whole blood or
blood serum or plasma of at least fifty nanograms of cocaine
metabolite per milliliter of the person's whole blood or blood
serum or plasma.
(iv) The person has a concentration of heroin in the person's
urine of at least two thousand nanograms of heroin per milliliter
of the person's urine or has a concentration of heroin in the
person's whole blood or blood serum or plasma of at least fifty
nanograms of heroin per milliliter of the person's whole blood or
blood serum or plasma.
(v) The person has a concentration of heroin metabolite
(6-monoacetyl morphine) in the person's urine of at least ten
nanograms of heroin metabolite (6-monoacetyl morphine) per
milliliter of the person's urine or has a concentration of heroin
metabolite (6-monoacetyl morphine) in the person's whole blood or
blood serum or plasma of at least ten nanograms of heroin
metabolite (6-monoacetyl morphine) per milliliter of the person's
whole blood or blood serum or plasma.
(vi) The person has a concentration of L.S.D. in the person's
urine of at least twenty-five nanograms of L.S.D. per milliliter
of the person's urine or a concentration of L.S.D. in the person's
whole blood or blood serum or plasma of at least ten nanograms of
L.S.D. per milliliter of the person's whole blood or blood serum
or plasma.
(vii) The person has a concentration of marihuana in the
person's urine of at least ten nanograms of marihuana per
milliliter of the person's urine or has a concentration of
marihuana in the person's whole blood or blood serum or plasma of
at least two nanograms of marihuana per milliliter of the person's
whole blood or blood serum or plasma.
(viii) Either of the following applies:
(I) The person is under the influence of alcohol, a drug of
abuse, or a combination of them, and, as measured by gas
chromatography mass spectrometry, the person has a concentration
of marihuana metabolite in the person's urine of at least fifteen
nanograms of marihuana metabolite per milliliter of the person's
urine or has a concentration of marihuana metabolite in the
person's whole blood or blood serum or plasma of at least five
nanograms of marihuana metabolite per milliliter of the person's
whole blood or blood serum or plasma.
(II) As measured by gas chromatography mass spectrometry, the
person has a concentration of marihuana metabolite in the person's
urine of at least thirty-five nanograms of marihuana metabolite
per milliliter of the person's urine or has a concentration of
marihuana metabolite in the person's whole blood or blood serum or
plasma of at least fifty nanograms of marihuana metabolite per
milliliter of the person's whole blood or blood serum or plasma.
(ix) The person has a concentration of methamphetamine in the
person's urine of at least five hundred nanograms of
methamphetamine per milliliter of the person's urine or has a
concentration of methamphetamine in the person's whole blood or
blood serum or plasma of at least one hundred nanograms of
methamphetamine per milliliter of the person's whole blood or
blood serum or plasma.
(x) The person has a concentration of phencyclidine in the
person's urine of at least twenty-five nanograms of phencyclidine
per milliliter of the person's urine or has a concentration of
phencyclidine in the person's whole blood or blood serum or plasma
of at least ten nanograms of phencyclidine per milliliter of the
person's whole blood or blood serum or plasma.
(xi) The state board of pharmacy has adopted a rule pursuant
to section 4729.041 of the Revised Code that specifies the amount
of salvia divinorum and the amount of salvinorin A that constitute
concentrations of salvia divinorum and salvinorin A in a person's
urine, in a person's whole blood, or in a person's blood serum or
plasma at or above which the person is impaired for purposes of
operating any vehicle, streetcar, or trackless trolley within this
state, the rule is in effect, and the person has a concentration
of salvia divinorum or salvinorin A of at least that amount so
specified by rule in the person's urine, in the person's whole
blood, or in the person's blood serum or plasma.
(2) No person who, within twenty years of the conduct
described in division (A)(2)(a) of this section, previously has
been convicted of or pleaded guilty to a violation of this
division, a violation of division (A)(1) or (B) of this section,
or any other equivalent offense shall do both of
the following:
(a) Operate any vehicle, streetcar, or trackless trolley
within this state while under the influence of alcohol, a drug of
abuse, or a combination of them;
(b) Subsequent to being arrested for operating the vehicle,
streetcar, or trackless trolley as described in division (A)(2)(a)
of this section, being asked by a law enforcement officer to
submit to a chemical test or tests under section 4511.191 of the
Revised Code, and being advised by the officer in accordance with
section 4511.192 of the Revised Code of the consequences of the
person's refusal or submission to the test or tests, refuse to
submit to the test or tests.
(B) No person under twenty-one years of age shall operate
any
vehicle, streetcar, or trackless trolley within this state,
if,
at
the time of the operation, any of the following
apply:
(1) The person has a concentration of at least
two-hundredths
of one per cent but less than eight-hundredths of
one
per cent by
weight
per unit volume of alcohol in the person's
whole blood.
(2)
The person has a concentration of at least
three-hundredths of one per
cent but less than
ninety-six-thousandths
of one per cent by weight per unit volume
of alcohol in the
person's blood serum or plasma.
(3) The person has a concentration of at least
two-hundredths
of one gram but less than eight-hundredths of one
gram by weight
of alcohol per two hundred ten liters of the
person's breath.
(4) The person has a concentration of at least
twenty-eight
one-thousandths of one gram but less than
eleven-hundredths of
one
gram by weight of alcohol per one
hundred milliliters of the
person's urine.
(C) In any proceeding arising out of one incident, a
person
may be charged with a violation of division (A)(1)(a) or (A)(2)
and a
violation
of division (B)(1), (2), or (3) of this section,
but
the person
may not be convicted of more than one violation of
these
divisions.
(D)(1)(a) In any criminal prosecution or juvenile court
proceeding for a violation of division (A)(1)(a) of this section
or for an equivalent offense that is vehicle-related, the result
of any test of any blood
or urine withdrawn and analyzed at any
health care provider, as
defined in section 2317.02 of the
Revised Code, may be admitted
with expert testimony to be
considered with any other relevant and
competent evidence in
determining the guilt or innocence of the
defendant.
(b) In any criminal prosecution or juvenile court
proceeding
for a violation of
division (A) or (B) of this section
or for an
equivalent
offense that is vehicle-related, the court may admit
evidence on the
concentration of
alcohol, drugs of abuse,
controlled substances,
metabolites of a controlled substance, or
a combination of
them in
the
defendant's
whole blood,
blood serum
or plasma,
breath, urine,
or
other bodily
substance at the time
of the
alleged violation as
shown by
chemical analysis of the
substance
withdrawn within
three hours of
the time of
the alleged
violation. The three-hour
time limit specified in this division
regarding the admission of
evidence does not extend or affect the
two-hour time limit
specified in division (A) of section 4511.192
of the Revised Code
as the maximum period of time during which a
person may consent to
a chemical test or tests as described in
that section. The court
may admit evidence on the concentration
of alcohol, drugs of
abuse, or a combination of them as described
in this division when
a person submits to a blood, breath, urine,
or other bodily
substance test at the request of a
law
enforcement officer under
section 4511.191 of the
Revised
Code or
a blood or urine sample is
obtained pursuant to a search warrant.
Only a
physician, a
registered nurse, or a qualified
technician,
chemist,
or
phlebotomist shall withdraw a blood sample for
the
purpose of
determining
the
alcohol, drug, controlled substance,
metabolite of
a controlled substance, or
combination content
of
the whole
blood, blood serum,
or blood plasma.
This
limitation
does
not
apply to the taking of breath or urine
specimens. A
person
authorized to withdraw blood under
this
division may
refuse to
withdraw blood
under this division, if in
that person's
opinion,
the physical welfare of
the person would
be
endangered
by the
withdrawing of blood.
The bodily substance
withdrawn under division (D)(1)(b) of
this section shall be analyzed in
accordance with
methods approved
by the director of health by an
individual
possessing a valid
permit issued by the director
pursuant to section 3701.143 of the
Revised Code.
(2) In a criminal prosecution or juvenile court proceeding
for a violation of division (A) of this section
or for an
equivalent offense that is vehicle-related, if there was at the
time the
bodily substance
was
withdrawn a concentration of less
than
the
applicable
concentration of alcohol specified in
divisions (A)(1)(b), (c),
(d), and (e) of this section or less
than the applicable
concentration of a listed controlled
substance or a listed
metabolite of a controlled substance
specified for a violation of
division (A)(1)(j) of this section,
that fact
may be considered
with other
competent evidence
in
determining the guilt or
innocence of the
defendant. This
division
does not limit or
affect
a criminal
prosecution or
juvenile court
proceeding for a
violation of
division (B) of this
section or
for
an equivalent
offense that
is
substantially
equivalent to
that
division.
(3) Upon the request of the person who was tested, the
results of the chemical test shall be made available to the
person
or the person's
attorney, immediately upon the completion
of the
chemical test analysis.
If the chemical test was obtained pursuant to division
(D)(1)(b) of this section, the person tested may have a physician,
a registered nurse,
or a qualified technician, chemist,
or
phlebotomist of the
person's own
choosing administer a chemical
test or tests,
at the
person's
expense, in addition to any
administered at the request
of a
law enforcement
officer.
If
the
person was under arrest as described in division (A)(5) of
section 4511.191 of the Revised Code, the arresting officer shall
advise the person at the time of the arrest that the person may
have an independent chemical test taken at the person's own
expense. If the person was under arrest other than described in
division (A)(5) of section 4511.191 of the Revised Code, the form
to be read to the person
to be tested, as required
under
section
4511.192 of the Revised
Code, shall state that the person
may have
an
independent test
performed at the person's expense.
The failure
or
inability to
obtain an additional
chemical test by
a person
shall not preclude
the admission of
evidence relating to
the
chemical test or tests
taken at the
request of a
law
enforcement
officer.
(4)(a) As used in divisions (D)(4)(b) and (c) of this
section, "national highway traffic safety administration" means
the national highway traffic safety administration established as
an administration of the United States department of
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.
(b) In any criminal prosecution or juvenile court proceeding
for a violation of division (A) or (B) of this section, of a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, or of a municipal ordinance relating to operating a
vehicle with a prohibited concentration of alcohol, a controlled
substance, or a metabolite of a controlled substance in the whole
blood,
blood serum or plasma, breath, or urine, if a law
enforcement officer has administered a
field sobriety test to the
operator of the vehicle involved in the
violation and if it is
shown by clear and convincing evidence that
the officer
administered the test in substantial
compliance with
the testing
standards for any reliable, credible,
and generally
accepted field
sobriety
tests that were in effect at
the time the
tests were
administered, including, but not limited
to, any
testing standards
then in effect that were set by the
national
highway traffic
safety administration, all
of the
following apply:
(i) The officer may testify concerning the results of the
field sobriety test so administered.
(ii) The prosecution may introduce the results of the field
sobriety test so administered as evidence in any proceedings in
the criminal prosecution or juvenile court proceeding.
(iii) If testimony is presented or evidence is introduced
under division (D)(4)(b)(i) or (ii) of this section and if the
testimony or evidence is admissible under the Rules of Evidence,
the court shall admit the testimony or evidence and the trier of
fact shall give it whatever weight the trier of fact considers to
be appropriate.
(c) Division (D)(4)(b) of this section does not limit or
preclude a court, in its determination of whether the arrest of a
person was supported by probable cause or its determination of any
other matter in a criminal prosecution or juvenile court
proceeding of a type described in that division, from considering
evidence or testimony that is not otherwise disallowed by division
(D)(4)(b) of this section.
(E)(1)
Subject to division (E)(3) of
this section,
in any
criminal prosecution or juvenile court proceeding for a
violation
of
division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)
or
(B)(1), (2), (3), or
(4) of this
section or for an equivalent
offense that is substantially equivalent to any
of those
divisions, a laboratory report from any
laboratory
personnel
issued a permit by the department of health authorizing an
analysis as described in this division that
contains an analysis
of
the whole blood, blood serum or plasma,
breath, urine, or other
bodily substance tested and that contains
all of the information
specified in this division shall be
admitted as prima-facie
evidence of the information and statements
that the report
contains. The laboratory report shall contain all
of the
following:
(a)
The signature, under oath, of any person who performed
the
analysis;
(b)
Any findings as to the identity and quantity of alcohol,
a
drug of abuse, a controlled substance, a metabolite of a
controlled substance, or a combination of them that was found;
(c)
A copy of a notarized statement by the laboratory
director or
a designee of the director that contains the name of
each certified analyst or test performer involved with the
report,
the analyst's or test performer's employment relationship
with the
laboratory that issued the report, and a notation that
performing
an analysis of the type involved is part of the
analyst's or test
performer's regular duties;
(d)
An outline of the analyst's or test performer's
education,
training, and experience in performing the type of
analysis involved and a
certification that the laboratory
satisfies appropriate quality control standards in general and, in
this
particular analysis, under rules of the
department of health.
(2) Notwithstanding any other provision of law regarding the
admission of
evidence, a report of the type described
in division
(E)(1) of this section is not admissible against the
defendant to
whom
it pertains in any proceeding, other than a preliminary
hearing or a grand
jury proceeding, unless the prosecutor
has
served a
copy of the report on the defendant's attorney or, if the
defendant has no attorney, on the defendant.
(3) A report of the type described in division (E)(1) of
this
section shall not be prima-facie evidence of the contents,
identity, or amount
of any substance if, within seven days after
the
defendant to whom the report pertains or the defendant's
attorney
receives a copy of the report, the defendant or the
defendant's
attorney demands the testimony of the person who
signed the
report. The judge in the case may extend the seven-day
time limit
in the interest of justice.
(F) Except as otherwise provided in this division, any
physician, registered nurse, or qualified
technician, chemist,
or
phlebotomist who
withdraws blood from a person pursuant
to this
section or section 4511.191 or 4511.192 of the Revised Code, and
any hospital, first-aid station, or clinic
at which
blood is
withdrawn from a person pursuant to this
section or section
4511.191 or 4511.192 of the Revised Code, is
immune from criminal
liability and
civil
liability
based upon a
claim of assault and
battery or
any other
claim that is not
a
claim
of malpractice, for
any
act performed in withdrawing blood
from
the person.
The
immunity
provided in this division is not
available to a
person
who
withdraws blood if the person engages in
willful or wanton
misconduct.
(G)(1) Whoever violates any provision of divisions
(A)(1)(a)
to
(i) or (A)(2) of this section is
guilty of
operating a vehicle
under the
influence of alcohol, a drug of abuse, or a
combination
of them.
Whoever violates division (A)(1)(j) of this section is
guilty of operating a vehicle while under the influence of a
listed controlled substance or a listed metabolite of a controlled
substance. The court shall sentence the offender for either
offense under
Chapter 2929. of the
Revised Code, except as
otherwise
authorized or required by
divisions (G)(1)(a)
to (e)
of
this section:
(a)
Except as otherwise provided in division
(G)(1)(b), (c),
(d),
or (e) of this section, the offender is guilty of a
misdemeanor of
the first degree, and the court shall sentence the
offender to all of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term
of three consecutive days. As used in
this
division, three consecutive days means seventy-two consecutive
hours.
The court
may sentence an offender to both an
intervention
program and a jail term. The court may impose a jail
term in
addition to the three-day mandatory jail term or intervention
program. However,
in no case shall the cumulative jail term
imposed for the offense
exceed six months.
The court may suspend the execution of the
three-day jail
term under this division if the court, in lieu of that
suspended
term, places the offender under a community control sanction
pursuant to section 2929.25 of the Revised Code and requires the
offender
to
attend, for three consecutive days, a
drivers'
intervention
program certified under section 3793.10 of the
Revised Code.
The
court also may suspend the execution of any
part of the
three-day
jail term under this division if it places
the offender under a community control sanction pursuant to
section 2929.25 of the Revised Code for part of the three days,
requires the offender to
attend for the suspended part of the term
a drivers' intervention
program so certified, and sentences the
offender to a jail term
equal to the remainder of the three
consecutive days that the
offender does not spend attending the
program. The court may
require the offender, as a condition of
community control and in addition
to the required attendance at a
drivers' intervention program, to
attend and satisfactorily
complete any treatment or education
programs that comply with the
minimum standards adopted pursuant
to Chapter 3793. of the Revised
Code by the director of alcohol
and drug addiction services that
the operators of the drivers'
intervention program determine that
the offender should attend and
to report periodically to the court
on the offender's progress in
the programs. The court also may
impose on the offender any other
conditions of community control
that it considers necessary.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, except as
otherwise provided in
this division, a
mandatory jail term of at
least three consecutive
days and a
requirement that the offender
attend, for three
consecutive days,
a drivers' intervention
program that is
certified pursuant to
section 3793.10 of the
Revised Code. As
used in this division,
three consecutive days
means seventy-two consecutive
hours. If the
court determines that
the offender is not
conducive to treatment
in a drivers'
intervention program, if the
offender refuses to
attend a drivers'
intervention program, or if the jail at
which
the offender is to
serve the jail term imposed can provide a
driver's intervention
program, the court shall sentence the
offender to a mandatory jail
term of at least six consecutive
days.
The court may require the offender, under a community control
sanction imposed under section 2929.25 of the Revised Code,
to
attend and satisfactorily complete any treatment or
education
programs that comply with the minimum standards adopted
pursuant
to
Chapter 3793. of the Revised Code by the director of
alcohol
and drug addiction services, in addition to the required
attendance at
drivers' intervention program, that the operators of
the drivers' intervention
program determine that
the offender
should attend and to report periodically to the court
on the
offender's progress in the programs. The court also may
impose
any
other conditions of community control on the offender that it
considers necessary.
(iii)
In all cases,
a fine of not less than three hundred
seventy-five and not more than one
thousand
seventy-five
dollars;
(iv)
In all cases, a class five license suspension of the
offender's driver's or commercial driver's license or permit or
nonresident
operating privilege from the range specified in
division (A)(5) of
section 4510.02 of the Revised Code. The court
may grant limited driving privileges
relative to the suspension
under sections 4510.021 and 4510.13 of the
Revised
Code.
(b)
Except as otherwise provided in division
(G)(1)(e)
of
this section,
an offender who, within six years of the offense,
previously
has been convicted of or pleaded guilty to one
violation of division
(A) or (B) of this section or one other
equivalent offense
is guilty of a misdemeanor of the first degree.
The court shall sentence the
offender to all of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term
of ten consecutive days. The court
shall
impose the ten-day mandatory jail term under this division unless,
subject to division (G)(3) of this section, it instead
imposes a
sentence under that division consisting of both a jail term and a
term of
house arrest with electronic monitoring, with continuous
alcohol monitoring, or with both electronic monitoring and
continuous alcohol monitoring. The court may
impose a
jail term in
addition to the
ten-day mandatory jail term.
The
cumulative jail
term imposed for the offense shall not exceed
six
months.
In addition to the jail term or the term of house arrest with
electronic monitoring or continuous alcohol monitoring or both
types of monitoring and jail term, the court shall require the
offender
to be assessed by an
alcohol and drug treatment program
that is
authorized by
section 3793.02 of the Revised Code,
subject
to division (I) of this section, and shall order the
offender to
follow the treatment recommendations of the program.
The purpose of the assessment is to determine the
degree of the
offender's alcohol usage and to determine whether or
not
treatment is warranted. Upon the request of the court, the
program
shall submit the results of the
assessment to the court,
including
all treatment recommendations
and clinical diagnoses
related to
alcohol use.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, except as
otherwise provided in
this division, a
mandatory jail term of
twenty consecutive days. The court
shall
impose the twenty-day
mandatory jail term under
this division
unless, subject to
division (G)(3) of this section,
it instead
imposes a sentence
under that division
consisting of both a jail
term and a term of
house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The court may impose a
jail
term in
addition to the twenty-day
mandatory jail term. The
cumulative
jail term imposed for the offense shall
not exceed six
months.
In addition to the jail term or the term of house arrest with
electronic monitoring or continuous alcohol monitoring or both
types of monitoring and jail term, the court shall require the
offender
to be assessed by an
alcohol and drug treatment program
that is
authorized by
section 3793.02 of the Revised Code,
subject
to division (I) of this section, and shall order the
offender to
follow the treatment recommendations of the program.
The purpose of the assessment is to determine the
degree of the
offender's alcohol usage and to determine whether or
not
treatment is warranted. Upon the request of the court, the
program
shall submit the
results of the assessment to the court,
including
all treatment
recommendations and clinical diagnoses
related to
alcohol use.
(iii)
In all cases, notwithstanding the fines set forth in
Chapter
2929. of the Revised Code, a fine of not less than
five
hundred twenty-five and not more than one
thousand
six hundred
twenty-five dollars;
(iv)
In all cases, a class four license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(4) of
section 4510.02 of
the Revised Code. The court may grant limited
driving
privileges relative to the suspension under sections
4510.021 and 4510.13 of
the Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's
name, immobilization of the vehicle involved in the
offense for ninety days in
accordance with section
4503.233 of the
Revised Code and impoundment of the license plates
of that vehicle
for ninety days.
(c)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
years of the offense,
previously
has been convicted of or pleaded guilty to two
violations of division
(A) or (B) of this section or other
equivalent offenses is
guilty of a
misdemeanor. The court shall
sentence the offender to all
of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term
of thirty consecutive days. The court
shall
impose the thirty-day mandatory jail term under this division
unless, subject to division (G)(3) of this section, it
instead
imposes a sentence under that division consisting of both a jail
term and a term of
house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The
court may impose a
jail
term in addition to the
thirty-day
mandatory jail term.
Notwithstanding the jail terms
set
forth in sections 2929.21 to
2929.28 of the Revised Code, the additional
jail
term shall not
exceed one year, and the cumulative jail term
imposed
for the
offense shall not exceed
one year.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory
jail term of
sixty
consecutive days. The
court shall impose the
sixty-day mandatory jail
term under this
division unless, subject
to division (G)(3)
of this section, it
instead imposes a sentence
under that division
consisting of both
a jail term
and a term of
house arrest with electronic monitoring,
with continuous alcohol monitoring, or with both electronic
monitoring and continuous alcohol monitoring. The court may impose
a
jail term in
addition to the sixty-day mandatory jail term.
Notwithstanding
the jail terms set forth in sections 2929.21 to
2929.28 of the
Revised Code, the additional jail term shall
not
exceed one year,
and the cumulative jail term imposed for the
offense
shall not
exceed one year.
(iii)
In all cases, notwithstanding the fines set forth in
Chapter 2929. of the Revised Code, a fine of not less than
eight
hundred fifty and
not more than two thousand seven
hundred fifty
dollars;
(iv)
In all cases, a class three license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(3) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's
name, criminal forfeiture of the vehicle involved in
the offense in
accordance with section
4503.234 of the Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of criminal forfeiture under
this division.
(vi)
In all cases, the court shall order the
offender to
participate in an alcohol and drug
addiction
program
authorized
by section
3793.02 of the Revised
Code, subject to
division (I)
of this
section, and shall order the offender to
follow the
treatment recommendations of the program. The operator
of the
program shall determine and assess the degree of the
offender's
alcohol dependency and shall make recommendations for
treatment.
Upon the request of the court, the program shall submit
the
results of the assessment to the court, including all
treatment
recommendations and clinical diagnoses related to
alcohol use.
(d)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
years of the offense,
previously has been
convicted of or pleaded guilty to three or
four violations of division
(A) or (B) of this section or other
equivalent offenses or an offender who, within twenty years of the
offense, previously has been convicted of or pleaded guilty to
five or more violations of that nature is
guilty of a felony of
the fourth degree.
The court shall
sentence the offender to all of
the following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory prison term of one, two, three, four, or five years as
required by and in accordance with division (G)(2) of section
2929.13 of the Revised Code if the offender also is convicted of
or also pleads guilty to a specification of the type described in
section 2941.1413 of the Revised Code or, in the
discretion of
the
court, either a mandatory term of local
incarceration of sixty
consecutive
days in accordance with
division (G)(1) of section
2929.13 of the Revised Code or a
mandatory prison term of sixty
consecutive days in
accordance
with division (G)(2) of that
section if the offender is not convicted of and does not plead
guilty to a specification of that type. If the
court
imposes a
mandatory term of local incarceration, it may impose a
jail
term
in addition to the sixty-day mandatory term, the
cumulative total
of the mandatory
term and the jail term for the
offense
shall not
exceed one year, and, except as provided in division (A)(1) of
section 2929.13 of the Revised Code, no prison term is
authorized
for the
offense. If the court imposes a mandatory
prison term,
notwithstanding
division (A)(4) of section 2929.14 of
the Revised
Code, it also may sentence the offender to a definite
prison term
that shall be not less than six months and not more
than thirty
months and the
prison terms shall be imposed as described
in
division (G)(2) of
section 2929.13 of the Revised Code. If the
court imposes a mandatory prison term or mandatory prison term and
additional prison term, in addition to the term or terms so
imposed, the court also may sentence the offender to a community
control sanction for the offense, but the offender shall serve all
of the prison terms so imposed prior to serving the community
control sanction.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory prison term of one, two, three, four, or five
years as required by and in accordance with division (G)(2) of
section 2929.13 of the Revised Code if the offender also is
convicted of or also pleads guilty to a specification of the type
described in section 2941.1413 of the Revised Code or, in the
discretion of the
court, either a mandatory term of local
incarceration of one
hundred twenty consecutive days in accordance
with division (G)(1)
of section 2929.13 of the Revised Code or a
mandatory prison
term of one hundred twenty consecutive days in
accordance with division
(G)(2) of that section if the offender is
not convicted of and does not plead guilty to a specification of
that type. If the court
imposes a mandatory
term of local
incarceration, it may impose a
jail term in addition to the one
hundred twenty-day mandatory
term, the cumulative total of the
mandatory term
and the jail term
for
the offense shall not exceed
one year, and, except as provided in division (A)(1) of section
2929.13 of the Revised Code, no prison term is
authorized for the
offense. If the court imposes a mandatory
prison term,
notwithstanding division (A)(4) of section 2929.14 of
the Revised
Code,
it also may sentence the offender to a definite
prison term
that shall be not
less than six months and not more
than thirty
months and the prison terms shall
be imposed as described
in
division (G)(2) of section 2929.13 of the Revised Code. If the
court imposes a mandatory prison term or mandatory prison term and
additional prison term, in addition to the term or terms so
imposed, the court also may sentence the offender to a community
control sanction for the offense, but the offender shall serve all
of the prison terms so imposed prior to serving the community
control sanction.
(iii)
In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine
of not less than one thousand three
hundred
fifty
nor more than
ten thousand
five hundred dollars;
(iv)
In all cases, a class two license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(2) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle
involved
in
the offense
in accordance with section 4503.234 of the
Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of
criminal
forfeiture
under
this division.
(vi)
In all cases, the court shall order the
offender to
participate in an alcohol and drug
addiction
program
authorized by
section 3793.02 of the Revised
Code, subject to
division (I) of
this section, and shall order the offender to
follow the
treatment recommendations of the program. The operator
of the
program shall determine and assess the degree of the
offender's
alcohol dependency and shall make recommendations for
treatment.
Upon the request of the court, the program shall submit
the
results of the assessment to the court, including all
treatment
recommendations and clinical diagnoses related to
alcohol use.
(vii)
In all cases, if the court sentences the offender to a
mandatory term of local incarceration, in addition to the
mandatory term, the
court, pursuant to section 2929.17 of the
Revised Code,
may impose a term
of house
arrest with electronic
monitoring. The term shall not
commence until after the
offender
has
served the mandatory term of local incarceration.
(e)
An offender who previously has been convicted of or
pleaded
guilty to a violation of
division (A) of this section that
was a felony, regardless
of when the violation and the conviction
or guilty plea occurred, is guilty of
a felony of the third
degree. The court shall sentence the offender to all of
the
following:
(i)
If the offender is being sentenced for a violation of
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory prison term of one, two, three, four, or five years as
required by and in accordance with division (G)(2) of section
2929.13 of the Revised Code if the offender also is convicted of
or also pleads guilty to a specification of the type described in
section 2941.1413 of the Revised Code or a
mandatory
prison term
of sixty consecutive days in
accordance with
division (G)(2) of
section 2929.13 of the Revised Code if the offender is not
convicted of and does not plead guilty to a specification of that
type. The court
may impose a prison term in
addition to the
mandatory
prison term. The cumulative
total of
a sixty-day
mandatory prison term
and the additional prison term for the
offense shall
not exceed
five years. In addition to the mandatory
prison term or mandatory prison term and additional prison term
the court imposes, the court also may sentence the offender to a
community
control sanction for the
offense, but the offender
shall serve all of the prison terms so imposed prior to serving
the community control sanction.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory prison term of one, two, three, four, or five
years as required by and in accordance with division (G)(2) of
section 2929.13 of the Revised Code if the offender also is
convicted of or also pleads guilty to a specification of the type
described in section 2941.1413 of the Revised Code or a mandatory
prison term of
one
hundred twenty consecutive days in accordance
with division (G)(2)
of section 2929.13 of the Revised Code if the
offender is not convicted of and does not plead guilty to a
specification of that type. The
court may
impose a prison term in
addition to the mandatory
prison term. The cumulative total of a
one hundred twenty-day
mandatory prison term and
the additional
prison term for the
offense shall not exceed five
years. In
addition to the mandatory prison term or mandatory prison term and
additional prison term the court imposes, the court also may
sentence the offender to a community
control sanction for the
offense, but the offender shall serve all of the prison terms so
imposed prior to serving the community control sanction.
(iii)
In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine
of not less than one thousand three
hundred
fifty
nor more than
ten thousand
five hundred dollars;
(iv)
In all cases, a class two license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(2) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle
involved
in
the offense
in accordance with section 4503.234 of the
Revised
Code. Division (G)(6) of this section applies regarding any
vehicle
that is subject to an order of
criminal
forfeiture under
this division.
(vi)
In all cases, the court shall order the
offender to
participate in an alcohol and drug
addiction
program
authorized
by section 3793.02 of the Revised
Code,
subject to
division (I)
of this section, and shall order the offender to
follow the
treatment recommendations of the program. The operator
of the
program shall determine and assess the degree of the
offender's
alcohol dependency and shall make recommendations for
treatment.
Upon the request of the court, the program shall submit
the
results of the assessment to the court, including all
treatment
recommendations and clinical diagnoses related to
alcohol use.
(2) An offender who is convicted of or pleads guilty to a
violation of division (A) of this section and who subsequently
seeks reinstatement of the driver's or occupational driver's
license or permit
or nonresident operating privilege
suspended
under this section as a result of the conviction or
guilty plea
shall pay a reinstatement fee as provided in division
(F)(2) of
section 4511.191 of the Revised Code.
(3) If an offender is sentenced to a jail term under
division
(G)(1)(b)(i)
or (ii)
or
(G)(1)(c)(i)
or (ii)
of this
section and
if,
within sixty days of
sentencing of the offender,
the court
issues a written finding on the record
that, due to the
unavailability of space at the
jail where the offender is required
to serve the term, the offender will not
be able to begin serving
that term within the
sixty-day period following the date of
sentencing, the court may
impose an alternative sentence under
this division that includes a
term of house arrest with electronic
monitoring, with continuous alcohol monitoring, or with both
electronic monitoring and continuous alcohol monitoring.
As an alternative to a mandatory jail term of ten consecutive
days
required by division (G)(1)(b)(i) of this
section, the court,
under this division, may sentence the
offender to five consecutive
days in jail and not less than eighteen consecutive days of house
arrest with electronic monitoring, with continuous alcohol
monitoring, or with both electronic monitoring and continuous
alcohol monitoring. The cumulative total of
the five consecutive
days in
jail and the period of house arrest with electronic
monitoring, continuous alcohol monitoring, or both types of
monitoring shall
not exceed six months. The five
consecutive days
in jail do not
have to be served prior to or
consecutively to the
period of house
arrest.
As an alternative to the mandatory jail term of twenty
consecutive
days required by division (G)(1)(b)(ii)
of
this
section, the
court, under this division, may sentence the offender
to ten consecutive days
in jail and not less than thirty-six
consecutive days of
house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The
cumulative total of the ten
consecutive days in
jail and the
period of house arrest with
electronic monitoring, continuous alcohol monitoring, or both
types of monitoring shall
not exceed
six months. The ten
consecutive days in jail do not
have to be
served prior to or
consecutively to the period of house
arrest.
As an alternative to a mandatory jail term of thirty
consecutive
days required by division (G)(1)(c)(i) of
this
section, the court,
under this division, may sentence the offender
to fifteen consecutive days in
jail and not less than fifty-five
consecutive days of house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The
cumulative total of the
fifteen
consecutive days in jail and the
period of house arrest
with electronic monitoring, continuous alcohol monitoring, or both
types of monitoring shall not exceed
one year. The fifteen
consecutive days in jail
do not have to be
served prior to or
consecutively to the period of house arrest.
As an alternative to the mandatory jail term of sixty
consecutive
days required by division (G)(1)(c)(ii)
of
this
section, the
court, under this division, may sentence the offender
to thirty
consecutive days in jail and not less than one hundred
ten
consecutive days of house arrest with electronic monitoring,
with continuous alcohol monitoring, or with both electronic
monitoring and continuous alcohol monitoring.
The
cumulative total
of the thirty consecutive days in jail and
the
period of house
arrest with electronic monitoring, continuous alcohol monitoring,
or both types of monitoring shall not
exceed
one year. The thirty
consecutive days in jail do not have
to be
served prior to or
consecutively to the period of house
arrest.
(4) If an offender's driver's or occupational driver's
license or
permit or nonresident operating privilege is suspended
under division
(G) of this
section and if section 4510.13 of the
Revised Code permits the
court to grant limited driving
privileges, the court may
grant the limited driving privileges
in
accordance with that section. If division (A)(7) of that section
requires that the court impose as a condition of the
privileges
that the
offender must display on the vehicle that is
driven
subject to the privileges
restricted license plates that
are
issued under section 4503.231 of the Revised Code, except
as
provided in division (B) of that section, the court shall impose
that condition as one of the conditions of the limited driving
privileges granted to the offender, except as provided in division
(B) of section 4503.231 of the Revised Code.
(5) Fines imposed under this section for a violation of
division
(A) of this section shall be distributed as follows:
(a)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii), thirty-five
dollars of the fine imposed under
division
(G)(1)(b)(iii), one
hundred twenty-three dollars of the
fine imposed under division
(G)(1)(c)(iii),
and two hundred
ten
dollars of the fine imposed under division
(G)(1)(d)(iii) or
(e)(iii)
of this section shall be paid to an enforcement
and
education fund established by the legislative authority of the law
enforcement
agency in this state that primarily was responsible
for the arrest of the
offender, as determined by the court that
imposes the fine. The agency shall
use this share to pay only
those costs it incurs in
enforcing this section or a municipal OVI
ordinance
and in informing the public of the laws governing the
operation of
a vehicle while under the influence of alcohol, the
dangers of
the operation of a vehicle under the influence of
alcohol, and other
information relating to the operation of a
vehicle under the influence of
alcohol and the consumption of
alcoholic beverages.
(b)
Fifty dollars of the fine imposed under division
(G)(1)(a)(iii)
of
this section shall be paid to the political
subdivision that pays the cost of
housing the offender during the
offender's term of incarceration. If the
offender is being
sentenced for a violation of division (A)(1)(a), (b), (c), (d),
(e), or (j) of this section and was confined as a result of the
offense
prior to being
sentenced for the offense but is not
sentenced to a
term of incarceration, the
fifty dollars shall
be
paid to the
political subdivision that paid the cost of housing
the offender
during that period of confinement. The political
subdivision
shall use the share under this division to pay or
reimburse
incarceration or treatment costs it incurs in housing or
providing
drug and alcohol treatment to persons who violate this
section or
a municipal OVI ordinance, costs of any immobilizing or
disabling
device used on the offender's vehicle, and costs of
electronic
house
arrest equipment
needed for persons who violate
this
section.
(c)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii)
and fifty
dollars of the fine imposed under
division
(G)(1)(b)(iii)
of this
section shall be deposited into
the county or municipal local indigent drivers'
alcohol treatment
fund
under the control of that
court, as created by the county or
municipal corporation local alcohol and drug addiction services
board or the local board of alcohol, drug addiction, and mental
health services
under division
(F)(H) of section 4511.191
of
the
Revised Code.
(d)
One hundred fifteen dollars of the fine imposed under
division
(G)(1)(b)(iii),
two hundred seventy-seven
dollars of the
fine imposed under division
(G)(1)(c)(iii),
and four hundred forty
dollars of the fine imposed under division
(G)(1)(d)(iii) or
(e)(iii)
of this section shall be paid to the political
subdivision
that pays the cost of housing the offender during the
offender's term of
incarceration. The political subdivision shall
use
this share to pay or reimburse incarceration or treatment
costs it incurs in
housing or providing drug and alcohol treatment
to persons who
violate this section or a municipal OVI ordinance,
costs for any
immobilizing or disabling device used on the
offender's vehicle, and costs of electronic house arrest equipment
needed for
persons who violate this section.
(e) Fifty dollars of the fine imposed under divisions
(G)(1)(a)(iii),
(G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii),
and (G)(1)(e)(iii)
of this section shall be deposited into the
special projects fund
of the court in which the offender was
convicted and that is
established under division (E)(1) of
section 2303.201, division
(B)(1) of section 1901.26, or
division (B)(1) of section 1907.24 of the
Revised Code, to be
used
exclusively to cover the cost of
immobilizing or disabling
devices, including certified ignition
interlock devices, and
remote alcohol monitoring devices for
indigent offenders who are
required by a judge to use either of
these devices. If the court
in which
the offender was
convicted does
not have a special
projects fund
that is
established under
division (E)(1) of
section 2303.201,
division (B)(1) of section
1901.26, or
division (B)(1) of section
1907.24 of the Revised Code, the fifty
dollars shall be deposited
into the indigent drivers
interlock
and alcohol monitoring fund
under division (I) of
section
4511.191 of the Revised Code.
(f)
Seventy-five dollars of the fine imposed under
division
(G)(1)(a)(iii), one hundred twenty-five dollars of the
fine
imposed under division (G)(1)(b)(iii), two hundred fifty
dollars
of the fine imposed under division (G)(1)(c)(iii), and
five
hundred dollars of the fine imposed under division
(G)(1)(d)(iii)
or (e)(iii) of this section shall be transmitted
to the treasurer
of state for deposit into the indigent defense
support fund
established under section 120.08 of the Revised
Code.
(g) The balance of the fine imposed under division
(G)(1)(a)(iii),
(b)(iii), (c)(iii),
(d)(iii),
or (e)(iii) of this
section
shall be
disbursed as otherwise provided by law.
(6) If title to a motor vehicle that is subject to an order
of criminal forfeiture under division (G)(1)(c), (d), or (e) of
this section is assigned or transferred and division (B)(2) or (3)
of section 4503.234 of the Revised Code applies, in addition to or
independent of any other penalty established by law, the court may
fine the offender the value of the vehicle as determined by
publications of the national auto dealers association. The
proceeds of any fine so imposed shall be distributed in accordance
with division (C)(2) of that section.
(7) As used in division (G) of this section, "electronic
monitoring," "mandatory prison term," and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of the
Revised Code.
(H) Whoever violates division (B) of this section is
guilty
of
operating a vehicle after underage alcohol consumption and
shall be
punished as follows:
(1) Except as otherwise provided in division (H)(2) of this
section, the offender is guilty of a misdemeanor of the fourth
degree. In
addition to any other sanction imposed for the
offense,
the court shall impose a class six suspension of the
offender's
driver's license, commercial driver's license,
temporary
instruction permit,
probationary license, or nonresident
operating
privilege from the range
specified in division (A)(6) of
section
4510.02 of the Revised Code.
(2) If, within one year of the offense, the offender
previously
has been convicted of or pleaded guilty to one or more
violations of
division (A) or (B) of this section or other
equivalent
offenses, the
offender is guilty of a
misdemeanor of
the third degree. In addition to any
other
sanction imposed
for
the offense, the court shall impose a class
four suspension of the
offender's driver's license, commercial
driver's license,
temporary
instruction permit, probationary
license, or nonresident
operating privilege
from the range
specified in division (A)(4) of
section 4510.02 of the Revised
Code.
(3) If the offender also is convicted of or also pleads
guilty to a specification of the type described in section
2941.1416 of the Revised Code and if the court imposes a jail term
for the violation of division (B) of this section, the court shall
impose upon the offender an additional definite jail term pursuant
to division (E) of section 2929.24 of the Revised Code.
(I)(1)
No court shall sentence an offender to an alcohol
treatment program under this section unless the treatment program
complies
with the minimum standards for alcohol treatment programs
adopted
under Chapter 3793. of the Revised Code by the director of
alcohol
and drug addiction services.
(2) An offender who stays in a drivers' intervention program
or in an
alcohol treatment program under
an order issued under
this section shall pay the cost of the stay in the
program.
However, if the court determines that an offender who stays in an
alcohol treatment program under an order issued under this section
is unable
to
pay the cost of the stay in the program, the court
may order that the cost be
paid from the court's
local indigent
drivers'
alcohol treatment fund.
(J)
If a person whose driver's or commercial driver's
license
or
permit or nonresident operating privilege is suspended
under
this section
files an appeal regarding any aspect of the
person's
trial or sentence, the
appeal itself does not stay the
operation
of the suspension.
(K)
Division (A)(1)(j) of this section does not apply to a
person who operates a vehicle, streetcar, or trackless trolley
while the person has a concentration of a listed controlled
substance or a listed metabolite of a controlled substance in the
person's whole blood, blood serum or plasma, or urine that equals
or exceeds the amount specified in that division, if both of the
following apply:
(1) The person obtained the controlled substance pursuant to
a prescription issued by a licensed health professional authorized
to prescribe drugs.
(2) The person injected, ingested, or inhaled the controlled
substance in accordance with the health professional's directions.
(L) The prohibited concentrations of a controlled substance
or a metabolite of a controlled substance listed in division
(A)(1)(j) of this section also apply in a prosecution of a
violation of division (D) of section 2923.16 of the Revised Code
in the same manner as if the offender is being prosecuted for a
prohibited concentration of alcohol.
(M) All terms defined in section 4510.01 of the Revised
Code
apply to this section. If the meaning of a term defined in
section
4510.01 of the Revised Code conflicts with the meaning of
the same
term as defined in section 4501.01 or 4511.01 of the
Revised Code,
the term as
defined in section 4510.01 of the
Revised Code applies
to this section.
(N)(1)
The Ohio Traffic Rules in effect
on
January 1, 2004,
as adopted by the supreme court
under authority
of
section 2937.46
of the Revised Code, do not
apply to felony
violations of this
section. Subject to division
(N)(2) of this
section, the Rules of
Criminal Procedure apply to
felony
violations of this section.
(2) If, on or after
January 1, 2004,
the supreme court
modifies the Ohio Traffic
Rules
to provide
procedures to govern
felony violations of this
section,
the
modified rules shall apply
to felony violations
of this
section.
Sec. 4511.191. (A)(1) As used in this section:
(a) "Physical control" has the same
meaning as in section
4511.194 of the Revised Code.
(b) "Alcohol monitoring device" means any device that
provides for continuous alcohol monitoring, any ignition interlock
device, any immobilizing or disabling device other than an
ignition interlock device that is constantly available to monitor
the concentration of alcohol in a person's system, or any other
device that provides for the automatic testing and periodic
reporting of alcohol consumption by a person and that a court
orders a person to use as a sanction imposed as a result of the
person's conviction of or plea of guilty to an offense.
(2) Any person who operates a vehicle, streetcar, or
trackless trolley upon
a highway or any public or private property
used by the public
for vehicular travel or parking within this
state
or who is in physical control of a vehicle,
streetcar, or
trackless trolley shall be deemed
to have given
consent to a
chemical test or tests of the
person's
whole blood,
blood serum or
plasma, breath, or urine
to
determine the alcohol,
drug of abuse,
controlled substance, metabolite of a controlled substance, or
combination
content of the
person's
whole blood,
blood serum
or
plasma,
breath, or urine
if
arrested
for
a
violation of
division
(A) or
(B) of
section 4511.19 of the Revised
Code,
section
4511.194 of
the
Revised Code or a substantially equivalent
municipal ordinance, or a municipal OVI
ordinance.
(3) The chemical test or tests
under division (A)(2) of this
section shall be
administered at the request of a
law
enforcement
officer having reasonable
grounds to believe the
person
was
operating
or in physical control of a
vehicle,
streetcar, or
trackless trolley in
violation of a division,
section, or
ordinance identified in
division (A)(2) of this
section. The law
enforcement agency by
which the
officer is
employed shall
designate which of the tests
shall be
administered.
(4) Any person who is dead or unconscious, or who
otherwise
is in a condition rendering the person incapable of
refusal,
shall
be deemed
to have
consented
as provided
in
division (A)(2) of
this
section, and the test or
tests may be
administered, subject
to
sections 313.12 to 313.16 of
the Revised
Code.
(5)(a) If a law enforcement officer arrests a person for a
violation of division (A) or (B) of section 4511.19 of the Revised
Code, section 4511.194 of the Revised Code or a substantially
equivalent municipal ordinance, or a municipal OVI ordinance and
if the person if convicted would be required to be sentenced under
division (G)(1)(c), (d),
or (e) of section
4511.19 of the
Revised
Code, the law
enforcement officer shall request the
person to
submit, and the
person shall submit, to a chemical
test or tests
of the person's
whole blood, blood serum or
plasma, breath, or
urine for the
purpose of determining the
alcohol, drug of abuse,
controlled
substance, metabolite of a
controlled substance, or
combination
content of the person's
whole blood, blood serum or
plasma,
breath, or urine. A law
enforcement officer who makes a
request
pursuant to this
division that a person submit to a
chemical test
or tests is not
required to advise the person of the consequences of submitting
to, or refusing to submit to, the test or tests and is not
required to give the person the form described in division (B) of
section 4511.192 of the Revised Code, but the officer shall
advise the person at the time of
the arrest that if the person
refuses to take a chemical test the
officer may employ whatever
reasonable means are necessary to
ensure that the person submits
to a chemical test of the person's
whole blood or blood serum or
plasma. The officer shall also
advise the person at the time of
the arrest that the person may
have an independent chemical test
taken at the person's own
expense. Divisions (A)(3) and (4) of
this section apply to the
administration of a chemical test or
tests pursuant to this
division.
(b) If a person refuses to submit to a chemical test upon a
request made pursuant to division (A)(5)(a) of this section, the
law enforcement officer who made the request may employ whatever
reasonable means are necessary to ensure that the person submits
to a chemical test of the person's whole blood or blood serum or
plasma. A law enforcement officer who acts pursuant to this
division to ensure that a person submits to a chemical test of the
person's whole blood or blood serum or plasma is immune from
criminal and civil liability based upon a claim for assault and
battery or any other claim for the acts, unless the officer so
acted with malicious purpose, in bad faith, or in a wanton or
reckless manner.
(B)(1) Upon receipt of the sworn report of
a
law
enforcement
officer
who arrested a person for a violation of
division (A) or
(B) of section 4511.19 of the Revised Code,
section 4511.194 of
the Revised Code or a substantially equivalent municipal
ordinance, or a municipal OVI ordinance
that was completed and
sent to the registrar and a court pursuant
to
section
4511.192 of
the
Revised Code in regard to a
person who
refused to take the
designated chemical test, the
registrar shall
enter into the
registrar's records the fact
that the person's
driver's or
commercial driver's license or permit or nonresident
operating
privilege was suspended by the arresting officer under
this
division and that section and the period of the
suspension,
as
determined under
this
section. The suspension shall be
subject to
appeal as
provided in
section
4511.197 of the Revised
Code. The
suspension
shall be for whichever of the
following
periods
applies:
(a)
Except when division (B)(1)(b), (c), or (d) of
this
section applies and specifies a different class or length of
suspension,
the
suspension shall be
a class C suspension for the
period of time specified in
division (B)(3) of section 4510.02 of
the Revised Code.
(b) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused one previous request to consent to a
chemical
test or had been convicted of or pleaded guilty to one violation
of division (A) or (B) of section 4511.19 of the Revised Code or
one other equivalent offense, the
suspension
shall be
a class B
suspension imposed for
the period of time
specified in division
(B)(2) of section 4510.02
of the Revised
Code.
(c) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused two previous requests to consent to a
chemical
test,
had been convicted of or pleaded guilty to two violations of
division (A) or (B) of section 4511.19 of the Revised Code or
other equivalent offenses, or had refused one previous request to
consent to a chemical test and also had been convicted of or
pleaded guilty to one violation of division (A) or (B) of section
4511.19 of the Revised Code or other equivalent offenses, which
violation or offense arose from an incident other than the
incident that led to the refusal, the
suspension
shall be
a class
A suspension imposed for
the period of time
specified in division
(B)(1) of section 4510.02
of the Revised
Code.
(d) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused three or more previous requests to
consent to a
chemical test, had been convicted of or pleaded guilty to three or
more violations of division (A) or (B) of section 4511.19 of the
Revised Code or other equivalent offenses, or had refused a number
of previous requests to consent to a chemical test and also had
been convicted of or pleaded guilty to a number of violations of
division (A) or (B) of section 4511.19 of the Revised Code or
other equivalent offenses that cumulatively total three or more
such refusals, convictions, and guilty pleas, the
suspension
shall
be
for five
years.
(2)
The registrar shall terminate a suspension of the
driver's or commercial driver's license
or permit of a resident or
of the operating privilege of a nonresident, or a
denial of a
driver's or commercial
driver's license or permit, imposed
pursuant to division (B)(1) of
this
section upon receipt of notice
that the person has entered a
plea of guilty to, or that the
person has been
convicted after entering a plea of no contest to,
operating a vehicle in violation
of section 4511.19
of
the Revised
Code or in violation of a municipal
OVI ordinance,
if the offense
for which the conviction is had or
the
plea is
entered arose from
the same incident that led to the suspension or
denial.
The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related suspension
imposed
pursuant to division (B)(1) of this section.
(C)(1) Upon receipt of the sworn report of the
law
enforcement
officer
who arrested a person for a violation of
division (A) or
(B) of section 4511.19 of the Revised Code or a
municipal OVI
ordinance that was completed and sent to the
registrar and a court
pursuant
to
section
4511.192 of the Revised
Code in regard to a
person
whose test
results indicate that the
person's
whole blood,
blood
serum or
plasma, breath, or urine
contained
at least the
concentration
of
alcohol
specified in
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the
Revised Code or at least the concentration of a listed controlled
substance or a listed metabolite of a controlled substance
specified in division (A)(1)(j) of section 4511.19 of the Revised
Code, the registrar
shall
enter into the registrar's
records the
fact that the
person's
driver's or
commercial
driver's
license or
permit or
nonresident
operating privilege was
suspended
by the
arresting
officer under
this
division
and section
4511.192 of the
Revised Code and the
period of the
suspension, as
determined
under
divisions (C)(1)(a) to
(d) of this
section. The
suspension
shall
be subject to appeal as
provided in
section
4511.197 of the
Revised Code. The
suspension
described in
this division does not
apply to, and shall
not be
imposed upon, a
person arrested for a
violation of section
4511.194
of the Revised
Code or a
substantially equivalent municipal ordinance who submits to a
designated chemical
test.
The
suspension
shall
be for whichever of
the following
periods
applies:
(a) Except when division
(C)(1)(b),
(c), or (d) of this
section
applies and specifies a different
period, the
suspension
shall be
a class E suspension imposed for the
period of time
specified in division (B)(5) of section 4510.02 of
the Revised
Code.
(b) The
suspension
shall be
a class C suspension for the
period of time
specified in division
(B)(3) of section 4510.02 of
the Revised Code if
the person has
been convicted
of or pleaded
guilty to, within six years of
the
date the test
was conducted,
one violation of
division (A) or (B) of section 4511.19 of the
Revised
Code or one other equivalent
offense.
(c) If, within six years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
two
violations of a statute
or ordinance
described in division
(C)(1)(b) of this section,
the
suspension
shall be
a class B
suspension imposed for the period of time specified in division
(B)(2) of section 4510.02 of the Revised Code.
(d) If, within six years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
more than
two violations of a
statute or
ordinance described in
division
(C)(1)(b) of this
section,
the
suspension
shall be
a
class A
suspension imposed for the period of time specified in
division
(B)(1) of section 4510.02 of the Revised Code.
(2) The registrar shall terminate a suspension of the
driver's or
commercial driver's license
or permit of a resident or
of the
operating privilege of a nonresident,
or a denial of a
driver's or
commercial driver's license or permit, imposed
pursuant to
division (C)(1) of this section
upon receipt of notice
that the
person has entered a plea of guilty to, or that the
person has
been
convicted after entering a plea of no contest to,
operating
a vehicle in violation of section 4511.19
of the Revised
Code or
in violation of a municipal OVI ordinance,
if the
offense
for which the conviction is had or the plea is
entered arose from
the same incident that led to the suspension or
denial.
The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related
suspension imposed
pursuant to division (C)(1) of this section.
(D)(1) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under
this section for the
time
described in division
(B) or
(C)
of this section is
effective
immediately from the time at which
the arresting officer
serves
the notice of suspension upon the
arrested person. Any
subsequent finding that the person is not
guilty of the charge
that resulted in the person being requested
to take
the chemical test or tests under division (A) of
this
section
does not affect the suspension.
(2) If a person is arrested for operating a vehicle,
streetcar, or trackless trolley in violation of division (A) or
(B) of section 4511.19 of the Revised Code or a municipal OVI
ordinance, or for being in physical control of a
vehicle,
streetcar, or trackless trolley in violation of section
4511.194
of the
Revised Code or a substantially equivalent municipal
ordinance,
regardless of whether the person's
driver's
or
commercial
driver's license or permit or nonresident
operating
privilege is
or is not suspended under division
(B)
or
(C)
of this
section
or Chapter 4510. of the Revised Code,
the person's
initial
appearance on the charge resulting from the
arrest shall
be held
within five days of the person's arrest or
the issuance of
the
citation to the person, subject to any
continuance
granted by
the
court pursuant to
section
4511.197 of
the Revised Code
regarding
the issues
specified in that division.
(E) When it finally has been determined under the
procedures
of this section
and sections 4511.192 to 4511.197
of the
Revised
Code that a nonresident's privilege to
operate a
vehicle
within
this state has been suspended, the
registrar shall
give
information in writing of the action taken
to the motor
vehicle
administrator of the state of the person's
residence and
of any
state in which the person has a license.
(F) At the end of a suspension period under this section,
under section 4511.194,
section 4511.196, or division
(G) of
section
4511.19 of the
Revised Code, or under section
4510.07 of
the
Revised Code for a violation of a municipal OVI
ordinance and
upon
the request of the person whose driver's or
commercial
driver's
license or permit was suspended and who is
not
otherwise
subject
to suspension,
cancellation, or
disqualification, the
registrar shall return the driver's or
commercial driver's license
or permit to the person upon the
occurrence of all of the
conditions
specified in divisions
(F)(1) and (2)
of this section:
(1) A showing
that the person has proof of
financial
responsibility, a policy of liability insurance in
effect that
meets the minimum standards set forth in section
4509.51 of the
Revised Code, or proof, to the satisfaction of the
registrar,
that
the person is able to respond in damages in an
amount at
least
equal to the minimum amounts specified in section
4509.51
of the
Revised Code.
(2) Subject to the limitation contained in division
(F)(3)
of
this section, payment by the person
to the bureau of
motor
vehicles of a license
reinstatement fee
of four hundred
seventy-five dollars,
which fee
shall be deposited in
the state
treasury and credited
as follows:
(a) One hundred twelve dollars and fifty
cents shall be
credited to the statewide
treatment and prevention fund created by
section 4301.30 of the Revised Code.
The fund shall be
used to
pay the costs of driver treatment and
intervention programs
operated pursuant to sections 3793.02 and
3793.10 of the Revised
Code. The director of alcohol and drug
addiction services shall
determine the share of the fund that is
to be allocated to alcohol
and drug addiction programs authorized
by section 3793.02 of the
Revised Code, and the share of the fund
that is to be allocated to
drivers' intervention programs
authorized by section 3793.10 of
the Revised Code.
(b) Seventy-five dollars shall be credited to the
reparations
fund created by section 2743.191 of the Revised Code.
(c) Thirty-seven dollars and fifty cents
shall be credited
to
the state indigent
drivers alcohol treatment fund, which is hereby
established in the state treasury. Except as
otherwise provided in
division
(F)(2)(c)
of
this section, moneys in the fund shall be
distributed by the
department of alcohol and drug addiction
services to the county
indigent drivers alcohol
treatment funds,
the county juvenile
indigent drivers alcohol treatment funds,
and
the municipal
local indigent drivers alcohol treatment funds that
are
required to be
established by counties and municipal
corporations
pursuant
to
division (H) of this section, and shall
be used only
to pay
the cost of an alcohol
and drug addiction
treatment program
attended by an offender or
juvenile traffic
offender who is
ordered to attend an alcohol and
drug addiction
treatment program
by a county, juvenile, or
municipal court judge
and who is
determined by the county,
juvenile, or municipal court
judge not
to have the means to pay
for
the person's attendance at
the
program or to pay the costs
specified in division
(H)(4) of
this section in accordance with
that
division. In addition, a
county, juvenile, or municipal court
judge may use moneys in the
county indigent drivers alcohol
treatment fund, county juvenile
indigent drivers alcohol treatment
fund, or municipal local
indigent drivers alcohol treatment fund to pay
for the cost of
the continued use of an alcohol monitoring device
as described in
divisions (H)(3) and (4)
of this section. Moneys
in the state
indigent drivers alcohol treatment fund
that are not
distributed
to a
county indigent drivers
alcohol
treatment fund,
a county
juvenile
indigent drivers alcohol
treatment fund, or a
municipal
local indigent
drivers alcohol treatment
fund under division
(H)
of this section
because the director of
alcohol and drug addiction
services does
not have the information
necessary to identify the
county or
municipal corporation where
the offender or juvenile
offender was
arrested may
be transferred
by the director of budget
and
management to the
statewide
treatment and prevention
fund
created
by section
4301.30 of the
Revised Code, upon certification
of the
amount by the director
of
alcohol and drug
addiction
services.
(d) Seventy-five dollars shall be credited to the Ohio
rehabilitation services commission established by section 3304.12
of the Revised Code, to the services for rehabilitation fund,
which is hereby established. The fund shall be used to match
available federal matching funds where appropriate, and for any
other purpose or program of the commission to rehabilitate people
with disabilities to help them become employed and independent.
(e) Seventy-five dollars shall be deposited into the
state
treasury and credited to the drug abuse resistance education
programs fund, which is hereby established, to be used by the
attorney general for the purposes specified in division
(F)(4) of
this section.
(f) Thirty dollars shall be credited to the state bureau of
motor
vehicles fund created by section 4501.25 of the Revised
Code.
(g) Twenty dollars shall be credited to the trauma and
emergency
medical services grants fund created by section 4513.263
of the
Revised Code.
(h) Fifty dollars shall be credited to the indigent drivers
interlock and alcohol monitoring fund, which is hereby established
in the state treasury. Monies in the fund shall be distributed by
the department of public safety to the county indigent drivers
interlock and alcohol monitoring funds, the county juvenile
indigent drivers interlock and alcohol monitoring funds, and the
municipal indigent drivers interlock and alcohol monitoring funds
that are required to be established by counties and municipal
corporations pursuant to this section, and shall be used only to
pay the cost of an immobilizing or disabling device, including a
certified ignition interlock device, or an alcohol monitoring
device used by an offender or juvenile offender who is ordered to
use the device by a county, juvenile, or municipal court judge and
who is determined by the county, juvenile, or municipal court
judge not to have the means to pay for the person's use of the
device.
(3) If a person's driver's or commercial driver's license or
permit is suspended under
this
section,
under section 4511.196 or
division
(G) of section
4511.19 of the Revised Code,
under
section
4510.07 of the Revised
Code for a violation of a municipal
OVI
ordinance or
under any
combination of the
suspensions
described in
division
(F)(3) of
this section, and if the
suspensions arise from
a single incident
or a single set of facts
and
circumstances, the
person is liable
for payment of, and shall
be required to
pay to
the bureau, only
one reinstatement fee of
four hundred
twenty-five
dollars.
The
reinstatement fee shall be
distributed by the bureau
in
accordance
with division
(F)(2) of
this section.
(4) The attorney general shall use amounts in the drug abuse
resistance education programs fund to award grants to law
enforcement agencies to establish and implement drug abuse
resistance education programs in public schools. Grants awarded
to
a law enforcement agency under
this
section shall be used by
the
agency to pay for not more than
fifty
per cent of the amount
of
the salaries of law enforcement
officers
who conduct drug abuse
resistance education programs in
public
schools. The attorney
general shall not use more than six
per
cent of the amounts the
attorney general's office
receives under
division
(F)(2)(e) of
this section to pay the costs it incurs
in
administering the grant
program established by division
(F)(2)(e)
of this section and in
providing training and
materials relating
to drug abuse resistance
education programs.
The attorney general shall report to the governor and the
general assembly each fiscal year on the progress made in
establishing and implementing drug abuse resistance education
programs. These reports shall include an evaluation of the
effectiveness of these programs.
(G) Suspension of a commercial driver's license under
division
(B) or
(C) of this section shall be concurrent with
any
period of disqualification under section 3123.611 or
4506.16
of
the Revised Code or any period of suspension under section
3123.58
of the Revised Code. No person who is disqualified for
life from
holding a
commercial driver's license under section
4506.16 of the
Revised
Code shall be issued a driver's license
under Chapter
4507. of
the Revised Code during the period for
which the
commercial
driver's license was suspended under division
(B) or
(C) of this
section. No person whose
commercial driver's license
is
suspended under division
(B) or
(C) of this section shall be
issued a driver's license under
Chapter 4507. of the Revised Code
during the period
of
the suspension.
(H)(1) Each county shall establish an indigent drivers
alcohol treatment fund, each county shall establish a juvenile
indigent drivers alcohol treatment fund, and each municipal
corporation in which there is a municipal court drug addiction
services board or board of alcohol, drug addiction, and mental
health services established under Chapter 340. of the Revised Code
shall establish
an
a local indigent drivers
alcohol treatment
fund for its region. All revenue that the
general assembly
appropriates to the indigent drivers alcohol
treatment fund for
transfer to a On the effective date of this
amendment, the moneys
in every county indigent drivers alcohol
treatment fund, a county
juvenile indigent drivers alcohol
treatment fund, or a and
municipal indigent drivers alcohol
treatment
fund, all portions
of fees that are paid under division
(F) of
this section and that
are credited under that division to
the
indigent drivers alcohol
treatment fund in the state treasury
for
a established previously
under this section shall be
transferred to the local indigent
drivers alcohol treatment fund
established by the board for the
applicable region where that fund
is located. After such
transfer, every county indigent drivers
alcohol treatment fund, a
county
juvenile indigent drivers alcohol
treatment fund, or a and
municipal
indigent drivers alcohol
treatment fund, all portions
of
additional costs imposed under
section 2949.094 of the
Revised
Code that are specified for
deposit into a county,
county
juvenile, or municipal indigent
drivers alcohol treatment
fund by
that section, and all portions
of
fines
that are
specified for
deposit into a county or
municipal
indigent
drivers alcohol
treatment fund by section
4511.193 of
the
Revised
Code shall be
deposited into that county
indigent
drivers alcohol
treatment
fund, county juvenile indigent
drivers
alcohol treatment
fund, or
municipal indigent drivers
alcohol
treatment fund. The portions of
the fees paid under
division (F)
of this section that are to be so
deposited shall be
determined
in
accordance
with division
(H)(2)
of this
section.
Additionally,
all
portions
of fines that are
paid for a
violation of section
4511.19
of the
Revised Code or
of any
prohibition contained in
Chapter
4510. of
the Revised
Code,
and
that are
required under
section
4511.19 or
any
provision
of
Chapter 4510. of the Revised
Code to
be
deposited
into a
county
indigent drivers alcohol
treatment fund
or
municipal
indigent
drivers alcohol treatment
fund shall be
deposited into
the
appropriate fund in accordance
with the
applicable division of
the section or provision cease to exist.
(2) That portion of the license reinstatement fee that is
paid under division
(F) of this section and that is credited
under
that division to the state indigent drivers alcohol treatment
fund
shall
be deposited into a county indigent drivers alcohol
treatment
fund, a county juvenile indigent drivers alcohol
treatment fund,
or a municipal indigent drivers alcohol treatment
fund as follows:
(a) Regarding a suspension imposed under this
section, that
portion of the fee shall be deposited
as follows:
(i) If the fee is paid by a person who was
charged in a
county court with the violation that resulted in the
suspension
or in the imposition of the court costs,
the portion
shall be
deposited into the county indigent drivers
alcohol
treatment fund
under the control of that court;
(ii) If the fee is paid by a person who was
charged in a
juvenile court with the violation that resulted in
the
suspension
or in the imposition of the court costs,
the
portion shall be
deposited into the county
juvenile indigent
drivers alcohol
treatment fund established in
the county served by
the court;
(iii) If the fee is paid by a person who was
charged in a
municipal court with the violation that resulted in
the
suspension or in the imposition of the court costs, the
portion
shall be deposited into the municipal
indigent drivers
alcohol
treatment fund under the control of that
court.
(b) Regarding a suspension imposed under
section
4511.19 of
the Revised Code
or under
section 4510.07 of the
Revised Code for
a violation of a municipal
OVI ordinance, that
portion
of the fee
shall be deposited as
follows:
(i) If the fee is paid by a person whose license or permit
was suspended by a county court, the portion shall be deposited
into the county indigent drivers alcohol treatment fund under the
control of that court;
(ii) If the fee is paid by a person whose license or
permit
was suspended by a municipal court, the portion shall be
deposited
into the municipal appropriate local indigent drivers alcohol
treatment
fund established by a board under
the control of that
court this section.
(3) Expenditures from a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal local indigent drivers alcohol
treatment
fund shall be made only upon the order of a county,
juvenile, or
municipal court judge and only for payment of the
cost of an
assessment or the cost of the
attendance at an alcohol
and drug
addiction treatment program of
a
person who is convicted
of, or
found to be a juvenile traffic
offender by reason of, a
violation
of division (A) of section
4511.19 of the Revised Code
or a
substantially similar municipal
ordinance, who is ordered by
the
court to attend the alcohol and
drug addiction treatment
program,
and who is determined by the
court to be unable to pay
the cost of
the assessment or the cost of attendance at the
treatment
program
or for payment of the costs specified in
division
(H)(4)
of this
section in accordance with that division.
The
alcohol and
drug
addiction services board or the board of
alcohol,
drug
addiction,
and
mental health services established
pursuant to
section 340.02
or
340.021 of
the Revised Code and
serving the
alcohol, drug
addiction, and mental
health service
district in
which the court
is located shall
administer the
indigent drivers
alcohol treatment
program of the
court. When a
court orders an
offender or juvenile
traffic
offender to obtain
an assessment or attend an alcohol and
drug addiction treatment
program, the board shall determine which
program is suitable to
meet the needs of the offender or juvenile
traffic offender, and
when a suitable program is located and space
is available at the
program, the offender or juvenile traffic
offender shall attend
the program designated by the board. A
reasonable amount not to
exceed five per cent of the amounts
credited to and deposited
into
the county indigent drivers alcohol
treatment fund, the
county
juvenile indigent drivers alcohol
treatment fund, or the
municipal
a local indigent drivers alcohol
treatment fund serving every
court whose program is administered
by that board shall be paid
to
the board to cover the costs it
incurs in administering those
indigent drivers alcohol treatment
programs.
In addition, upon exhaustion of moneys in the indigent
drivers interlock and alcohol monitoring fund for the use of an
alcohol monitoring device, a county, juvenile, or municipal court
judge may
use moneys in the county indigent drivers alcohol
treatment fund,
county juvenile indigent drivers alcohol
treatment fund, or
municipal local indigent drivers alcohol
treatment
fund in the following
manners:
(a) If the source of the moneys was an appropriation of the
general assembly, a portion of a fee that was paid under division
(F) of this section, a portion of a fine that was specified for
deposit into the fund by section 4511.193 of the Revised Code, or
a portion of a fine that was paid for a violation of section
4511.19 of the Revised Code or of a provision contained in Chapter
4510. of the Revised Code that was required to be deposited into
the fund, to pay for the
continued use of an alcohol monitoring
device by an offender or juvenile traffic
offender, in
conjunction
with a treatment program approved by the
department
of alcohol and
drug addiction services, when such use
is
determined clinically
necessary by the treatment program and
when the court determines
that the offender or juvenile traffic
offender is unable to pay
all or part of the daily monitoring or
cost of
the device;
(b) If the source of the moneys was a portion of an
additional court cost imposed under section 2949.094 of the
Revised Code, to pay for the continued use of an
alcohol
monitoring device by an offender or juvenile traffic
offender
when the court determines that the offender or juvenile
traffic
offender is unable to pay all or part of the daily
monitoring or
cost of the device. The moneys may be used for a
device as
described in this division if the use of the device is
in
conjunction with a treatment program approved by the department
of alcohol and drug addiction services, when the use of the device
is determined clinically necessary by the treatment program, but
the use of a device is not required to be in conjunction with a
treatment program approved by the department in order for the
moneys to be used for the device as described in this division.
(4) If a county, juvenile, or municipal court determines, in
consultation with the an alcohol and drug addiction
services
board or
the a board
of alcohol, drug addiction, and mental
health services
established pursuant to
section 340.02 or 340.021
of the Revised
Code
and serving that serves the alcohol, drug
addiction, and
mental health
district in which the a county,
juvenile, or municipal court is located, determines in
consultation with any such court that
the
funds in the
county
indigent drivers alcohol treatment fund, the
county
juvenile
indigent drivers alcohol treatment fund, or the
municipal
local
indigent
drivers alcohol treatment fund under the
control of the
court board are more than
sufficient to satisfy the
purpose for
which
the fund was established, as
specified in
divisions
(H)(1)
to
(3)
of this section, the
court board may
declare a surplus in
the fund.
If
the court board declares a
surplus in
the fund, the
court board may expend
the
amount of the
surplus in the fund for:
(a) Alcohol and drug abuse
assessment and treatment of
persons who are charged in
the court
with committing a criminal
offense or with being a delinquent
child
or juvenile traffic
offender and in relation to whom both of
the following
apply:
(i) The court determines that substance abuse was a
contributing factor leading to the criminal or delinquent activity
or the
juvenile traffic offense with which the person is charged.
(ii) The court determines that the person is unable
to pay
the cost of the alcohol and drug abuse assessment and treatment
for
which the surplus money will be used.
(b) All or part of the cost of purchasing alcohol monitoring
devices to be used in conjunction
with division (H)(3) of this
section, upon exhaustion of moneys in
the indigent drivers
interlock and alcohol monitoring fund for the
use of an alcohol
monitoring device.
(5) For the purpose of determining as described in division
(F)(2)(c) of this section whether an offender does not have the
means to pay for the offender's attendance at an alcohol and drug
addiction treatment program or whether an alleged offender or
delinquent child is unable to pay the costs specified in division
(H)(4) of this section, the court shall use the indigent client
eligibility guidelines and the standards of indigency established
by the state public defender to make the determination.
(6) The court shall identify and refer any alcohol and drug
addiction program that is not certified under section 3793.06 of
the Revised Code and that is interested in receiving amounts from
the surplus in the fund declared under division (H)(4) of this
section to the department of alcohol and drug addiction services
in order for the program to become a certified alcohol and drug
addiction program. The department shall keep a record of
applicant
referrals received pursuant to this division and shall
submit a
report on the referrals each year to the general
assembly. If a
program interested in becoming certified makes an
application to
become certified pursuant to section 3793.06 of
the Revised Code,
the program is eligible to receive surplus
funds as long as the
application is pending with the department.
The department of
alcohol and drug addiction services must offer
technical
assistance to the applicant. If the interested program
withdraws
the certification application, the department must
notify the
court, and the court shall not provide the interested
program with
any further surplus funds.
(7) Each alcohol and drug addiction services board and board
of alcohol, drug addiction, and mental health services shall
submit to the department of alcohol and drug addiction services an
annual report for its local indigent drivers alcohol treatment
fund. The report, which shall be submitted not later than sixty
days after the end of the state fiscal year, shall itemize each
payment that was made from the fund and identify the program or
service for which that payment was made. In the event that a
surplus is declared in the fund, the report also shall itemize
each payment that was made from the surplus moneys and identify
the program or service for which that payment was made. In
addition to submitting its annual report to the department, a
board shall submit a copy of its report to each court that
utilized that board's local indigent drivers alcohol treatment
fund during the prior fiscal year.
(I)(1) Each county shall establish an indigent drivers
interlock and alcohol monitoring fund and a juvenile indigent
drivers interlock and alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish an
indigent drivers interlock and alcohol monitoring fund. All
revenue that the general assembly appropriates to the indigent
drivers interlock and alcohol monitoring fund for transfer to a
county indigent drivers interlock and alcohol monitoring fund, a
county juvenile indigent drivers interlock and alcohol monitoring
fund, or a municipal indigent drivers interlock and alcohol
monitoring fund, all portions of license reinstatement fees that
are paid under division (F)(2) of this section and that are
credited under that division to the indigent drivers interlock and
alcohol monitoring fund in the state treasury, and all portions of
fines that are paid under division (G) of section 4511.19 of the
Revised Code and that are credited by division (G)(5)(e) of that
section to the indigent drivers interlock and alcohol monitoring
fund in the state treasury shall be deposited in the appropriate
fund in accordance with division (I)(2) of this section.
(2) That portion of the license reinstatement fee that is
paid under division (F) of this section and that portion of the
fine paid under division (G) of section 4511.19 of the Revised
Code and that is credited under either division to the indigent
drivers interlock and alcohol monitoring fund shall be deposited
into a county indigent drivers interlock and alcohol monitoring
fund, a county juvenile indigent drivers interlock and alcohol
monitoring fund, or a municipal indigent drivers interlock and
alcohol monitoring fund as follows:
(a) If the fee or fine is paid by a person who was charged in
a county court with the violation that resulted in the suspension
or fine, the portion shall be deposited into the county indigent
drivers interlock and alcohol monitoring fund under the control of
that court.
(b) If the fee or fine is paid by a person who was charged in
a juvenile court with the violation that resulted in the
suspension or fine, the portion shall be deposited into the county
juvenile indigent drivers interlock and alcohol monitoring fund
established in the county served by the court.
(c) If the fee or fine is paid by a person who was charged in
a municipal court with the violation that resulted in the
suspension, the portion shall be deposited into the municipal
indigent drivers interlock and alcohol monitoring fund under the
control of that court.
Sec. 4511.193. (A) Twenty-five dollars of any fine
imposed
for a violation of a municipal
OVI ordinance
shall be deposited
into the municipal or
county local indigent
drivers alcohol
treatment
fund created by the local alcohol and drug addiction
services board or the local board of alcohol, drug addiction, and
mental health services pursuant
to division
(H)
of section
4511.191 of the
Revised Code in
accordance with this
section and
section 733.40,
divisions (A)
and (B) of section
1901.024,
division (F) of section
1901.31, or
division (C) of
section
1907.20 of the Revised Code.
Regardless
of whether the
fine is
imposed by a municipal court, a
mayor's
court, or a
juvenile
court, if the fine was imposed for a
violation of an
ordinance of
a municipal corporation that is
within the
jurisdiction of a
municipal court, the twenty-five
dollars that is
subject to this
section shall be deposited into
the local indigent
drivers alcohol
treatment fund of the municipal
corporation in
which is located
the municipal court that has
jurisdiction over
that municipal
corporation. Regardless of
whether the fine is
imposed by a county
court, a mayor's court,
or
a juvenile court,
if the fine was
imposed for a violation of
an
ordinance of a
municipal corporation
that is within the
jurisdiction of a county
court, the twenty-five
dollars that is
subject to this section
shall be deposited into
the local indigent
drivers alcohol treatment
fund of the county in
which is located
the county court that has
jurisdiction over that
municipal
corporation. The deposit shall
be made in accordance
with
section
733.40, divisions (A) and (B)
of section 1901.024,
division (F) of
section 1901.31, or division
(C) of section
1907.20 of the Revised
Code.
(B)(1) The requirements and sanctions imposed by divisions
(B)(1) and (2) of this section are an adjunct to and derive from
the state's exclusive authority over the registration and titling
of motor vehicles and do not comprise a part of the criminal
sentence to be imposed upon a person who violates a municipal
OVI
ordinance.
(2)
If a person is convicted of
or pleads guilty to a
violation of a
municipal
OVI ordinance,
if the vehicle the
offender was operating at the time
of
the offense is registered in
the offender's name, and if, within
six years
of the current
offense, the offender has been
convicted
of or pleaded guilty to
one or more violations of division (A) or
(B) of
section
4511.19
of the Revised Code
or one or more other
equivalent offenses,
the
court, in
addition to and
independent of any sentence that it
imposes upon
the offender for
the offense,
shall
do whichever of
the following
is
applicable:
(a) Except as otherwise provided in division
(B)(2)(b) of
this section, if, within
six years of the
current offense, the
offender has been convicted of or pleaded
guilty to one violation
described in division (B)(2) of this
section, the court shall
order the immobilization for ninety days
of
that vehicle
and the
impoundment for ninety days of the license plates
of that vehicle.
The order for the immobilization and
impoundment
shall be issued
and enforced in accordance with
section 4503.233
of the Revised
Code.
(b) If, within six years of the current offense, the
offender
has been convicted of or pleaded guilty to two or more
violations
described in division (B)(2) of this section, or if
the
offender
previously has been convicted of or pleaded guilty to
a
violation
of division
(A) of section 4511.19 of the Revised Code
under
circumstances in which the
violation was a felony and
regardless
of when
the violation and the conviction or guilty plea
occurred,
the
court shall order the criminal forfeiture to the
state of
that
vehicle.
The
order of
criminal forfeiture shall be
issued
and
enforced in accordance with section
4503.234 of the
Revised
Code.
Sec. 4511.81. (A) When any child who is in either or both
of
the following
categories is being transported in a motor
vehicle,
other than a taxicab or
public safety vehicle as defined
in
section 4511.01 of the Revised Code, that
is required by the
United States
department of
transportation to be equipped with
seat belts at
the time of
manufacture or assembly, the operator of
the motor
vehicle shall
have the child properly secured in
accordance with
the
manufacturer's instructions in a child
restraint system that
meets
federal motor vehicle safety
standards:
(1) A child who is less than four years of age;
(2) A child who weighs less than forty pounds.
(B) When any child who is in either or both of the following
categories is
being transported in a motor
vehicle, other than a
taxicab, that is owned, leased, or
otherwise under the control of
a nursery
school or
day-care center, the operator
of the
motor
vehicle shall have the
child properly secured in
accordance
with
the manufacturer's
instructions in a child
restraint system
that
meets federal motor
vehicle safety
standards:
(1) A child who is less than four years of age;
(2) A child who weighs less than forty pounds.
(C) When any child who is less than eight years of age and
less than four feet nine inches in height, who is not required by
division (A) or (B) of this section to be secured in a child
restraint system, is being transported in a motor vehicle, other
than a taxicab or public safety vehicle as defined in section
4511.01 of the Revised Code or a vehicle that is regulated under
section 5104.011 of the Revised Code, that is required by the
United States
department of transportation to
be equipped with
seat belts at
the time of manufacture or
assembly, the operator
of the motor
vehicle shall have the child
properly secured in
accordance with
the manufacturer's
instructions on a booster
seat that meets
federal motor vehicle
safety standards.
(D) When any child who is at least eight years of age
but
not
older than fifteen years of age, and who is not
otherwise
required
by division (A), (B), or (C) of this section
to be
secured in a
child restraint system or booster seat, is
being
transported in a motor
vehicle, other than a taxicab or
public
safety vehicle as defined
in section 4511.01 of the
Revised
Code, that is required by the
United States department of
transportation to be equipped with
seat belts at the time of
manufacture or assembly, the operator of
the motor vehicle shall
have the child properly restrained either
in accordance with the
manufacturer's instructions in a child
restraint system or
booster seat that
meets federal motor vehicle safety standards
or in an occupant
restraining device as defined in section
4513.263 of the Revised
Code.
(E) Notwithstanding any provision of law to the contrary,
no
law enforcement officer shall cause an operator of a motor
vehicle
being operated on any street or highway to stop the motor
vehicle
for the sole purpose of determining whether a violation
of
division (C) or (D) of this section has been or is being
committed or for
the sole purpose of issuing a ticket, citation,
or summons for a
violation of division (C) or (D) of
this
section or causing the arrest
of or commencing a
prosecution of
a person for a violation of
division
(C) or (D) of this section,
and absent
another violation of
law, a law
enforcement
officer's view of the
interior or
visual inspection of
a motor
vehicle being operated on any street
or highway may not
be used
for the
purpose of determining
whether a violation
of division
(C) or (D) of this
section has
been or
is being committed.
(F) The director of public safety shall adopt such rules
as
are necessary to carry out this section.
(G) The failure of an operator of a motor vehicle to
secure
a
child in a child restraint system, a booster seat, or
an occupant
restraining
device as required by this section is
not
negligence
imputable to
the child, is not admissible as
evidence
in any
civil action
involving the rights of the child
against any
other
person
allegedly liable for injuries to the
child, is not to
be
used as
a
basis for a criminal prosecution of
the operator of
the motor
vehicle other than a prosecution for a
violation of this
section,
and is not admissible as evidence in
any criminal action
involving
the operator of the motor vehicle
other than a
prosecution for a
violation of this section.
(H) This section does not apply when an emergency exists
that
threatens the life of any person operating or occupying a
motor
vehicle
that is being used to transport a
child
who
otherwise
would be required to be restrained under this
section.
This
section does
not apply to a person operating a
motor
vehicle
who has an
affidavit signed by a physician licensed
to
practice
in this state
under Chapter 4731. of the Revised Code
or a
chiropractor licensed
to practice in this state under
Chapter
4734. of the Revised Code
that states that the child who
otherwise would be required to be
restrained under this section
has a physical impairment that makes
use of a child restraint
system, booster seat, or an occupant
restraining device
impossible or impractical, provided that the
person operating the
vehicle has safely and appropriately
restrained the child in
accordance with any recommendations of the
physician or
chiropractor as noted on the affidavit.
(I) There is hereby created in the state treasury the
child
highway safety
fund, consisting of fines imposed
pursuant
to
division (K)(L)(1) of
this section
for violations
of
divisions
(A),
(B), (C), and (D) of this section. The
money in the fund
shall
be
used
by the department of health only
to defray the
cost
of
designating
hospitals as pediatric
trauma
centers
under
section
3727.081 of
the Revised Code
and to
establish and
administer a
child highway
safety program.
The
purpose of the
program
shall be
to educate the
public about
child
restraint
systems and booster
seats and the
importance
of their
proper
use. The
program also
shall include a process for
providing
child
restraint
systems and
booster seats to persons who meet the
eligibility criteria
established
by the department, and a
toll-free telephone number
the public may
utilize to obtain
information about child restraint
systems and booster seats, and
their proper
use.
(J) The director of health, in accordance with Chapter
119.
of
the Revised Code,
shall adopt any rules necessary to
carry out
this section, including rules
establishing the criteria
a person
must meet in order to receive a child
restraint system or
booster
seat under the
department's child highway
safety program;
provided that rules
relating to the verification
of pediatric
trauma
centers shall not
be adopted under this
section.
(K) Nothing in this section shall be construed to require
any person to carry with the person the birth certificate of a
child to prove the age of the child, but the production of a valid
birth certificate for a child showing that the child was not of an
age to which this section applies is a defense against any ticket,
citation, or summons issued for violating this section.
(L)(1) Whoever violates
division
(A), (B), (C), or (D)
of
this
section shall be punished as follows, provided that the
failure of an operator of a motor vehicle to secure more than one
child in a child restraint system, booster seat, or occupant
restraining device as required by this section that occurred at
the same time, on the same day, and at the same location is deemed
to be a single violation of this section:
(a) Except as otherwise provided in division
(L)(1)(b) of
this
section, the offender is guilty of a minor misdemeanor and
shall be fined not less than twenty-five fifty dollars nor more
than
seventy-five dollars for a first offense.
(b) If the offender previously has been convicted of or
pleaded
guilty to a violation of division (A), (B), (C), or (D)
of this
section
or of
a municipal ordinance that is substantially
similar
to any of those
divisions, the offender is guilty of a
misdemeanor
of the
fourth degree and shall be fined not less than
one hundred dollars.
(2) All fines For every fine imposed pursuant to
division
(L)(1) of
this
section not less than fifty dollars shall be
forwarded to the
treasurer of state for
deposit
in the child
highway safety fund
created
by division (I)
of
this
section.
Sec. 4519.04. (A) Upon the filing of an application for
registration of a snowmobile, off-highway motorcycle, or
all-purpose vehicle and the
payment of the tax therefor, the
registrar of motor vehicles or a
deputy registrar shall assign to
the snowmobile, off-highway motorcycle, or all-purpose
vehicle a
distinctive number and issue and deliver to the owner in
such
manner as the registrar may select, a certificate of
registration,
in such form as the registrar shall prescribe. Any
number so
assigned to a snowmobile, off-highway motorcycle, or all-purpose
vehicle shall
be
a permanent number, and shall not be issued to
any other
snowmobile, off-highway motorcycle, or all-purpose
vehicle.
In addition to the certificate of registration, the registrar
or deputy registrar also shall issue to the owner of the
snowmobile, off-highway motorcycle, or all-purpose vehicle a
registration sticker. The registrar shall prescribe the color and
size of the sticker, the combination of numerals and letters
displayed on it, and placement of the sticker on the snowmobile,
off-highway motorcycle, or all-purpose vehicle.
(B) Upon receipt of a certificate of registration for a
snowmobile, the owner shall paint or otherwise attach upon each
side of the forward cowling of the snowmobile the identifying
registration number, in block characters of not less than
two
inches in height and of such color as to be distinctly visible
and
legible.
(C) Unless previously canceled, each certificate of
registration issued for a snowmobile, off-highway motorcycle, or
all-purpose vehicle expires upon the thirty-first day of December
in
the third year
after the date it is issued. Application for
renewal of a
certificate may be made not earlier than ninety days
preceding
the
expiration date, and shall be accompanied by a fee
of five thirty-one
dollars and twenty-five cents.
Sec. 4519.09. Every owner or operator of a snowmobile,
off-highway
motorcycle,
or
all-purpose vehicle who is a
resident
of a state not having a registration law similar to
this chapter,
and who expects to use the snowmobile, off-highway
motorcycle,
or
all-purpose vehicle in
Ohio, shall apply to the
registrar of
motor
vehicles or a deputy
registrar for a temporary
operating
permit.
The temporary
operating permit shall be issued
for a
period not to
exceed
fifteen days one year from the date of
issuance,
shall be in such
form as
the registrar determines,
shall include
the name and
address of
the owner and operator of
the snowmobile,
off-highway
motorcycle,
or all-purpose vehicle,
and any other
information as
the registrar considers
necessary,
and shall be
issued upon
payment of a fee of five eleven dollars
and twenty-five cents. Every
owner or
operator
receiving a
temporary operating permit shall
display it
upon the
reasonable
request of any law
enforcement officer or
other person
as
authorized by sections
4519.42 and 4519.43 of the
Revised Code.
Sec. 4519.55. Application for a certificate of title for an
off-highway motorcycle or all-purpose vehicle shall be made upon a
form
prescribed by the registrar of motor vehicles
and shall be
sworn to before a
notary public or other officer empowered to
administer oaths. The application
shall be filed with the clerk
of
any court of common pleas.
An application for a certificate of
title may
be filed
electronically by any electronic means
approved
by the
registrar in any county
with the clerk of the
court of
common
pleas of that county.
If an application for a
certificate of title is
filed
electronically by an electronic dealer on behalf of the
purchaser
of an off-highway motorcycle or all-purpose vehicle, the clerk
shall retain the completed electronic record to which the dealer
converted the certificate of title application and other required
documents. The
registrar, after consultation with the attorney
general, shall
adopt rules that govern the location at which, and
the manner in
which, are stored the actual application and all
other documents
relating to the sale of an off-highway motorcycle
or all-purpose
vehicle when an electronic dealer files the
application for a
certificate of title electronically on behalf of
the purchaser.
The application shall be accompanied by the fee prescribed in
section
4519.59
of the Revised Code.
The fee shall be
retained
by
the clerk who issues the certificate of title and
shall be
distributed in
accordance with that section.
If a
clerk
of a
court of common pleas, other than the clerk of the
court of
common
pleas of an applicant's county of residence,
issues a
certificate
of
title to the applicant, the clerk shall
transmit
data related
to the
transaction to the
automated
title
processing system.
If a certificate of title
previously has been
issued for
an
off-highway motorcycle or all-purpose
vehicle, the
application
also shall be accompanied by the certificate of title
duly
assigned, unless otherwise provided in this chapter. If a
certificate of
title previously has not been issued for the
off-highway
motorcycle or
all-purpose vehicle, the application,
unless otherwise provided in this
chapter,
shall be accompanied
by
a manufacturer's or importer's certificate; by a
sworn
statement
of ownership;
or by a certificate
of title, bill of
sale, or other
evidence of ownership required by law of
another
state from which
the off-highway motorcycle or
all-purpose
vehicle was brought into
this state. The registrar, in
accordance with
Chapter 119. of the
Revised Code, shall
prescribe
the types of additional
documentation sufficient to
establish proof of ownership,
including, but not
limited to,
receipts from the purchase of parts
or components, photographs,
and affidavits of other persons.
For purposes of the transfer of a
certificate of
title, if
the clerk is satisfied that a secured party has duly discharged a
lien notation but has not canceled the lien notation with
a
clerk,
the clerk may cancel the lien
notation
on the automated
title
processing system and notify
the
clerk of the county of
origin.
In the case of the sale of an off-highway motorcycle or
all-purpose vehicle by a dealer to a general purchaser or user,
the
certificate
of title shall be obtained in the name of the
purchaser by the dealer upon
application signed by the purchaser.
In all other cases, the
certificate shall
be obtained by the
purchaser. In all cases of transfer of an
off-highway motorcycle
or all-purpose vehicle, the application for
certificate
of title
shall be filed within thirty days after the later of the date of
purchase
or assignment of ownership of the off-highway motorcycle
or
all-purpose vehicle. If the application for certificate of
title is not filed
within thirty days after the later of the date
of purchase or assignment of
ownership of the off-highway
motorcycle or all-purpose vehicle,
the clerk shall charge a late
filing fee of five dollars in addition to the
fee
prescribed by
section 4519.59 of the Revised
Code. The clerk shall retain the
entire
amount of each late filing fee.
Except in the case of an off-highway motorcycle or
all-purpose
vehicle purchased prior to
July
1, 1999, the clerk
shall
refuse to accept an
application for certificate of title
unless the applicant
either
tenders with the application payment
of all taxes levied by or
pursuant
to Chapter 5739. or 5741. of
the Revised Code
based on
the purchaser's
county of residence,
or
submits either of the
following:
(A) A receipt issued by the tax
commissioner or a clerk of
courts showing payment of the tax;
(B) An exemption certificate, in any form prescribed by the
tax
commissioner, that specifies why the purchase is not subject
to the tax
imposed by Chapter 5739. or 5741. of the Revised Code.
Payment of the tax shall be made in accordance with division
(E)
of section 4505.06 of the Revised Code and any rules issued
by
the tax
commissioner. When a dealer submits payment of the
tax to
the clerk,
the dealer shall retain any discount to which
the
dealer is
entitled under section 5739.12 of the
Revised
Code. The
clerk shall issue a receipt in the form prescribed by
the
tax
commissioner to any applicant who tenders payment of the
tax with
the
application for a certificate of title. If the
application
for
a certificate
of
title is for an off-highway
motorcycle or
all-purpose vehicle
purchased prior to
July
1,
1999, the clerk
shall
accept
the application
without payment of
the taxes levied
by or
pursuant to
Chapter
5739. or 5741. of the
Revised Code
or
presentation of either of
the items listed in
division
(A) or
(B)
of
this section.
For receiving and disbursing such taxes paid to the clerk
by
a resident of the clerk's county,
the clerk may
retain a poundage
fee of one and one-hundredth per
cent of the taxes
collected,
which shall be
paid into the
certificate of title administration
fund created by section
325.33
of the Revised Code.
The clerk
shall not retain a poundage fee from payments of taxes by persons
who do not reside in the clerk's county.
A clerk, however, may retain from the taxes paid to the
clerk
an amount equal to the poundage fees associated with
certificates
of title issued by other clerks of courts of common
pleas to
applicants who reside in the first clerk's county. The
registrar,
in consultation with the tax commissioner and the
clerks of the
courts of common pleas, shall develop a report from
the automated
title processing system that informs each clerk of
the amount of
the poundage fees that the clerk is permitted to
retain from those
taxes because of certificates of title issued by
the clerks of
other counties to applicants who reside in the first
clerk's
county.
In the case of casual sales of
off-highway motorcycles or
all-purpose vehicles that are subject
to the tax imposed by
Chapter 5739. or 5741. of the
Revised Code,
the purchase price
for
the purpose of determining the tax shall be the
purchase
price on
an affidavit executed and filed with the clerk by the
seller on a
form
to be prescribed by the registrar, which shall
be
prima-facie
evidence of the price for the determination of
the tax.
In addition to the
information required by section 4519.57
of
the
Revised Code,
each certificate of title shall contain in
bold
lettering the following
notification and statements:
"WARNING TO
TRANSFEROR AND TRANSFEREE
(SELLER AND BUYER): You
are required by
law
to state the true selling
price. A false
statement is in
violation of section 2921.13 of the Revised
Code
and is punishable
by six months
imprisonment or a fine of up to
one thousand
dollars, or both. All transfers
are audited by the
department of
taxation. The seller and buyer must provide
any
information
requested by the department of taxation. The buyer
may be
assessed
any additional tax found to be due."
The clerk shall forward all payments of taxes, less
poundage
fees, to the
treasurer of state in a manner to be prescribed by
the tax commissioner and
shall furnish
information to the
commissioner as the
commissioner may require.
Every clerk shall have the capability to transact by
electronic means all
procedures and transactions relating to the
issuance of certificates of title
for off-highway motorcycles and
all-purpose vehicles that are described in the
Revised Code as
being accomplished by electronic means.
Sec. 4705.09. (A)(1) Any person admitted to the practice
of
law in this state by order of the supreme court in accordance
with
its prescribed and published rules, or any law firm or legal
professional association, may establish and maintain an
interest-bearing trust account, for purposes of depositing client
funds held by the attorney, firm, or
association that are nominal
in amount or are to be held by the attorney, firm, or association
for a short period of time, with any bank, savings bank, or
savings and loan
association that is authorized to do business in
this state and
is insured by the federal deposit insurance
corporation or the successor to
that corporation,
or any credit
union insured by the national credit union
administration
operating under the "Federal Credit Union Act," 84 Stat. 994
(1970), 12 U.S.C.A. 1751, or insured by a credit union share
guaranty corporation established under Chapter 1761. of the
Revised Code. Each
(2) The account established under division (A) of this
section shall be established and maintained at an eligible
depository.
(3) Each account established under this
division (A) of this
section shall be in the name of the attorney, firm, or association
that
established and is maintaining it and
shall be
identified as
an IOLTA or an interest on lawyer's
trust account. The name of the
account may
contain additional identifying features to distinguish
it from
other trust accounts established and maintained by the
attorney,
firm, or association.
(2)(4) Each attorney who receives funds belonging to a client
shall do one of
the following:
(a) Establish and maintain one or more interest-bearing
trust
accounts in accordance with division (A)(1) of this
section
or
maintain one or more interest-bearing trust accounts
previously
established in accordance with that division, and
deposit all
client funds held that are nominal in amount or are to be held by
the attorney for a short period of time in the account or
accounts;
(b) If the attorney is affiliated with a law firm or legal
professional association, comply with division (A)(2)(4)(a) of
this
section or deposit all client funds held that
are nominal in
amount or are to be held by the attorney for a short period of
time in one or more interest-bearing trust accounts
established
and maintained by the firm or association in accordance with
division (A)(1) of this section.
(3)(5) No funds belonging to any attorney, firm, or legal
professional association shall be deposited in any
interest-bearing trust account established under division
(A)(1)
or (2) of this section, except that funds sufficient to establish
the account or to pay or enable a
waiver of depository institution
service charges on
the account shall be deposited in the account
and other funds
belonging to the attorney, firm, or association
may be deposited
as authorized by the Code of Professional
Responsibility Rules of Professional Conduct adopted
by the
supreme court. The determinations of whether funds held
are
nominal or more than nominal in amount and of whether funds
are to
be held for a short period or longer than a short period
of time
rests in the sound judgment of the particular attorney.
No
imputation of professional misconduct shall arise from the
attorney's exercise of judgment in these matters.
(B) All interest earned on funds deposited in an
interest-bearing trust account established under division
(A)(1)
or (2) of this section shall be transmitted to the treasurer of
state for deposit in the legal aid fund established under section
120.52 of the Revised Code. No part of the interest earned on
funds deposited in an interest-bearing trust account
established
under division (A)(1) or (2) of this section shall be paid to, or
inure to the benefit of, the attorney, the attorney's law firm or
legal professional association, the client or other
person who
owns or has a beneficial ownership of the
funds deposited, or any
other account, person, or entity other than in accordance with
this section, section
4705.10, and sections 120.51 to 120.55 of
the Revised Code.
(C) No liability arising out of any act or omission by any
attorney, law firm, or legal professional association with
respect
to any interest-bearing trust account established
under
division
(A)(1) or (2) of this section shall be imputed to the
depository
institution.
(D) The supreme court may adopt and enforce rules of
professional conduct that pertain to the use, by attorneys, law
firms, or legal professional associations, of interest-bearing
trust accounts established under division (A)(1) or (2) of
this
section, and that pertain to the enforcement of division (A)(2)
of
this section. Any rules adopted by the supreme court under
this
authority shall conform to the provisions of this section,
section
4705.10, and sections 120.51 to 120.55 of the Revised
Code and any
rules adopted by the Ohio legal assistance foundation pursuant to
section 120.52 of the Revised Code.
(E) As used in this section, "eligible depository" has the
same
meaning as in section 3953.231 of the Revised Code.
Sec. 4705.10. (A) All of the following apply to an
interest-bearing trust account
established under authority of
section 4705.09 of the Revised
Code:
(1) All funds in the shall be deposited into an IOLTA account
product at an eligible depository and shall be subject to
withdrawal upon request and without delay, or as soon as is
permitted by federal law;
(2)(a) The approved rate of interest payable on the account
shall not
be less than the equal or exceed the highest interest
rate or dividend rate paid by the eligible depository institution
to
regular, nonattorney depositors on its account products that
are not IOLTA account products. Higher The eligible depository
shall pay on its IOLTA account product any higher rates offered by
the
institution to customers whose deposits exceed certain time or
quantity qualifications, such as those offered in the form of
certificates of deposit, may be obtained by a person or
law firm
establishing the account if there is no impairment of
the right to
withdraw or transfer principal immediately it on its account
products that are not IOLTA account products.
(b) In paying not less than the highest interest rate or
dividend paid by the eligible depository on its account products
that are not IOLTA account products, an eligible depository shall
do both of the following:
(i) For IOLTA accounts with balances of less than one
hundred thousand dollars, pay a rate that equals or exceeds the
highest rate paid on its business checking account paying
preferred interest rates, such as money market or indexed rates,
or any other similar, suitable interest-bearing account offered by
the eligible depository on its account products that are not IOLTA
account products;
(ii) For IOLTA accounts with balances of one hundred
thousand dollars or more, pay a rate that equals or exceeds the
highest rate paid on its business checking account with an
automated investment feature, such as an overnight sweep account,
business investment or other similar premium checking account,
short-term jumbo certificate of deposit, money market account, or
any other similar, suitable interest-bearing account offered by
the eligible depository on its account products that are not IOLTA
account products.
(c) In determining the highest interest rate or dividend paid
by the eligible depository on its account products that are not
IOLTA account products, an eligible depository shall consider the
rates it offers its customers from internal rate sheets or through
preferred or negotiated rates on a per customer basis. In
considering the rate for the IOLTA account product, the eligible
depository may also take into consideration and discount for
factors such as fees paid by the account-holder, time commitments,
and withdrawal limitations on other account products. The eligible
depository shall not use these factors to preclude consideration
of the rates paid on one or more of its account
products that are
not IOLTA account products in the eligible
depository's
establishment of a rate for the IOLTA account product.
(d) If an eligible depository determines that it is unable to
pay the rate required under this division during any reporting
period, the eligible depository may request from the Ohio legal
assistance foundation a waiver from the approved rate requirement
for that reporting period. If an eligible depository requests a
waiver from the approved rate requirement, the eligible depository
shall demonstrate in the form and manner prescribed in rules
adopted by the Ohio legal assistance foundation pursuant to
section 120.52 of the Revised Code that the rates of interest paid
on its IOLTA account product are generally not less than the
highest rates paid by the eligible depository on its account
products that are not IOLTA account products. At a minimum, the
eligible depository shall demonstrate by an independent,
third-party auditor's certification that not more than five per
cent of the eligible depository's account products that are not
IOLTA account products with an average daily balance of greater
than or equal to one hundred thousand dollars have rates that are
higher than the rate paid on the its IOLTA account product during
the same reporting period.
(3) The depository institution shall be directed, by the
person or law firm establishing the account, shall direct the
eligible depository to do all of the
following:
(a) Remit by the fifteenth day of each month interest or
dividends, whichever is applicable,
on the average monthly balance
in the account earned in the preceding month or as otherwise
computed in accordance with the institution's eligible
depository's standard accounting
practice, less reasonable service
charges, to the treasurer of
state at least quarterly for deposit
in the legal aid fund
established under section 120.52 of the
Revised Code;
(b) Transmit to the treasurer of state, upon its request, to
the Ohio Legal
Assistance Foundation, and if requested, to the
depositing attorney, law
firm, or legal professional association
upon the attorney's, firm's, or
association's request, at the time
of each
remittance required by division (A)(3)(a) of this section,
a statement showing
the name of the attorney for whom or the law
firm or
legal professional association for which the
remittance is
sent, the comparable accounts or product types and the rates paid,
as required in division (A)(2)(b) of this section, the
rate of
interest applied, the accounting period, the net amount
remitted
to the treasurer of state for each account, the total
remitted,
the average account balance for each month of the
period for which
the report is made, and the amount deducted for
service charges
assessed to and paid by the account holder or other party;
(4) The depository institution shall notify (c) Notify the
office of disciplinary counsel or other entity designated by the
supreme court on each occasion when a properly payable instrument
is presented for payment from the account, and the account
contains insufficient funds. The depository institution shall,
provide this notice without regard to whether the instrument is
honored by the eligible depository institution. The depository
institution shall, provide the notice described in division
(A)(4)(3)(c)
of this section by electronic or other means within
five banking
days of the date that the instrument was honored or
returned as
dishonored. The, and include in the notice shall
contain all of
the following:
(a)(i) The name and address of the eligible depository
institution;
(b)(ii) The name and address of the lawyer, law firm, or
legal professional association that maintains the account;
(c)(iii) The account number and either the amount of the
overdraft and the date issued or the amount of the dishonored
instrument and the date returned.
(B)(1) The statements and reports of individual depositor
information
made under divisions division (A)(3) and (4) of this
section are confidential and are not public records subject to
section 149.43 of the Revised Code and shall be used by the Ohio
legal assistance foundation
only for purposes of administering the
legal aid fund and by the supreme court for enforcement of the
rules of professional conduct adopted by the supreme court.
(2) A depository institution may charge the lawyer, law firm,
or legal professional association that maintains the account with
fees associated with producing and mailing a notice required by
division (A)(4)(3)(c) of this section but shall not deduct such
fees
from the interest earned on the account.
(C) As used in this section:
(1) "Approved rate" and "eligible depository" have the same
meaning as in section 3953.231 of the Revised Code.
(2) "IOLTA account product" means a separate and unique
product offered by an eligible depository that is used exclusively
for the deposit of funds transferred electronically or otherwise,
cash, money orders, or negotiable instruments that are received by
an attorney that is used to hold client funds and fully complies
with the account requirements of sections 120.52, 4705.09, and
4705.10 of the Revised Code.
Sec. 4713.63. A practicing license,
managing license, or
instructor license
that has not been renewed
for any reason other
than because it has
been revoked, suspended,
or classified
inactive, or because the
license holder has been
given a waiver or
extension under section 4713.60
of the Revised
Code, is expired.
An expired license may be
restored if the
person who held the
license meets all of the
following applicable
conditions:
(A) Pays to the state board of cosmetology the restoration
fee,the current renewal fee, and any applicable late fees;
(B) Pays all a lapsed renewal fees fee of forty-five dollars
per license renewal period that has elapsed since the license was
last issued or renewed;
(C) Submits proof satisfactory to the state board of
cosmetology that the person has completed all applicable
continuing education requirements;
(D) In the case of a practicing license or managing license
that has been expired for more
than two
years, retakes and passes
an examination conducted under
section
4713.24 of the Revised Code
for the branch of cosmetology
that the
person seeks to practice or
type of salon the person
seeks to manage consecutive license
renewal periods, completes eight hours of continuing education for
each license renewal period that has elapsed since the license was
last issued or renewed, up to a maximum of twenty-four hours. At
least four of those hours shall include a course pertaining to
sanitation and safety methods.
The board shall deposit all fees it receives under division
(B) of this section into the general revenue fund.
Sec. 4713.64. (A) In accordance with
Chapter 119.
of the
Revised Code, the state board of cosmetology
may deny,
revoke,
or
suspend a license or permit issued by the board or
impose a
fine
for any of the
following:
(1) Failure
to comply with the requirements of
this chapter
or rules adopted under it;
(2)
Continued practice by a person knowingly having an
infectious or contagious disease;
(3) Habitual drunkenness or addiction to any
habit-forming
drug;
(4) Willful false and fraudulent or deceptive
advertising;
(5) Falsification of any record or application required
to
be
filed with the board;
(6) Failure to pay a fine or abide by a suspension order
issued by the
board.
(B)
The board may impose a separate fine for each offense
listed in division (A) of this section. The amount of a fine
shall
be not more than one five hundred dollars if the violator has not
previously been fined for that offense. The fine shall be not
more
than five hundred one thousand dollars if the violator has been
fined for
the
same offense once before. The fine shall be not more
than one
thousand five hundred dollars if the violator has been
fined for the same
offense two or more times before.
(C) If a person fails to request a hearing within thirty
days
of
the date the board, in accordance with section 119.07 of
the
Revised Code, notifies the
person
of the board's intent to act
against the person under division
(A) of this section, the board
by a majority vote of a quorum of the
board members may take the
action against the person without holding an
adjudication hearing.
(D) The board, after a hearing in accordance with Chapter
119. of the Revised Code, may suspend a tanning facility permit if
the owner or operator fails to correct an unsafe condition that
exists in violation of the board's rules or fails to cooperate in
an inspection of the tanning facility. If a violation has
resulted
in a condition reasonably believed by an inspector to
create an
immediate danger to the health and safety of any person
using the
tanning facility, the inspector may suspend the permit
without a
prior hearing until the condition is corrected or until
a hearing
in accordance with Chapter 119. of the Revised Code is
held and
the board either upholds the suspension or reinstates the
permit.
Sec. 4731.10. Upon the request of a person licensed who
holds a certificate to practice in this state
pursuant to Chapter
4731. of the Revised Code and is seeking licensure in another
state, the state medical board shall
certify an application for
licensure in another provide verification of the person's
certificate to practice in this state. The fee for such
certification verification shall be fifty dollars.
Sec. 4731.26. Upon application by the holder of a
certificate to practice or certificate of registration issued
under this chapter, the state medical board shall issue a
duplicate certificate to replace one missing or damaged, to
reflect a name
change, or for any other reasonable cause. The fee
for such a duplicate
certificate to practice or duplicate
certificate of registration shall be thirty-five dollars.
Sec. 4731.38. All vouchers of the state medical board shall
be
approved by the
board board's president or, the board's
executive secretary director, or both, as another person
authorized by the board.
Sec. 4733.10. The state board of registration for
professional
engineers and surveyors shall prepare annually a
listing of all registered professional engineers, registered
professional
surveyors, and firms that possess a certificate of
authorization. The board
shall provide a copy of this listing upon
request to registrants of the board
and to firms possessing a
certificate of authorization without charge and to
the public upon
request and payment of copy costs.
Additionally, the board shall issue an official verification
of the status of any person registered as a professional engineer
or professional surveyor in this state upon receipt of a
verification form and the payment of a fee established by the
board.
Sec. 4735.01. As used in this chapter:
(A) "Real estate broker" includes any person, partnership,
association, limited liability company, limited liability
partnership, or corporation, foreign or domestic, who for
another,
whether pursuant to a power of attorney or otherwise,
and who for
a fee, commission, or other valuable consideration,
or with the
intention, or in the expectation, or upon the promise
of receiving
or collecting a fee, commission, or other valuable
consideration
does any of the following:
(1) Sells, exchanges, purchases, rents, or leases, or
negotiates the sale, exchange, purchase, rental, or leasing of
any
real estate;
(2) Offers, attempts, or agrees to negotiate the sale,
exchange, purchase, rental, or leasing of any real estate;
(3) Lists, or offers, attempts, or agrees to list, or
auctions, or offers, attempts, or agrees to auction, any real
estate;
(4) Buys or offers to buy, sells or offers to sell, or
otherwise deals in options on real estate;
(5) Operates, manages, or rents, or offers or attempts to
operate, manage, or rent, other than as custodian, caretaker, or
janitor, any building or portions of buildings to the public as
tenants;
(6) Advertises or holds self out as engaged in the
business
of selling, exchanging, purchasing, renting, or leasing
real
estate;
(7) Directs or assists in the procuring of prospects or
the
negotiation of any transaction, other than mortgage
financing,
which does or is calculated to result in the sale,
exchange,
leasing, or renting of any real estate;
(8) Is engaged in the business of charging an advance fee
or
contracting for collection of a fee in connection with any
contract whereby the broker undertakes primarily to promote
the
sale,
exchange, purchase, rental, or leasing of real estate
through its
listing in a publication issued primarily for such
purpose, or
for referral of information concerning such real
estate to
brokers, or both, except that this division does not
apply to a
publisher of listings or compilations of sales of real
estate by
their owners;
(9) Collects rental information for purposes of referring
prospective tenants to rental units or locations of such units
and
charges the prospective tenants a fee.
(B) "Real estate" includes leaseholds as well as any and
every interest or estate in land situated in this state, whether
corporeal or incorporeal, whether freehold or nonfreehold, and
the
improvements on the land, but does not include cemetery
interment
rights.
(C) "Real estate salesperson" means any person associated
with a licensed real estate broker to do or to deal in any acts
or
transactions set out or comprehended by the definition of a
real
estate broker, for compensation or otherwise.
(D) "Institution of higher education" means either of the
following:
(1) A nonprofit institution as defined in section 1713.01
of
the Revised Code that actually awards, rather than intends to
award, degrees for fulfilling requirements of academic work
beyond
high school;
(2) An institution operated for profit that otherwise
qualifies under the definition of an institution in section
1713.01 of the Revised Code and that actually awards, rather than
intends to award, degrees for fulfilling requirements of academic
work beyond high school.
(E) "Foreign real estate" means real estate not situated
in
this state and any interest in real estate not situated in
this
state.
(F) "Foreign real estate dealer" includes any person,
partnership, association, limited liability company, limited
liability
partnership, or corporation, foreign or domestic,
who
for another, whether pursuant to a power of attorney or
otherwise,
and who for a fee, commission, or other valuable
consideration, or
with the intention, or in the expectation, or
upon the promise of
receiving or collecting a fee, commission, or
other valuable
consideration, does or deals in any act or
transaction specified
or comprehended in division (A) of this
section with respect to
foreign real estate.
(G) "Foreign real estate salesperson" means any
person
associated with a licensed foreign real estate dealer to do or
deal in any act or transaction specified or comprehended in
division (A) of this section with respect to foreign real estate,
for compensation or otherwise.
(H) Any person, partnership, association, limited liability
company,
limited liability partnership, or corporation,
who, for
another, in consideration of compensation, by fee,
commission,
salary, or otherwise, or with the intention, in the
expectation,
or upon the promise of receiving or collecting a
fee, does, or
offers, attempts, or agrees to engage in, any
single act or
transaction contained in the definition of a real
estate broker,
whether an act is an
incidental part of a transaction, or the
entire transaction,
shall be constituted a real estate broker or
real estate
salesperson under this chapter.
(I)(1) The terms "real estate broker," "real estate
salesperson," "foreign real estate dealer," and
"foreign real
estate salesperson" do not include a
person, partnership,
association, limited liability company, limited
liability
partnership, or
corporation, or the regular employees thereof, who
perform any
of the acts or transactions specified or comprehended
in division
(A) of this section, whether or not for, or with the
intention,
in expectation, or upon the promise of receiving or
collecting a
fee, commission, or other valuable consideration:
(1)(a) With reference to real estate situated in this state
or
any interest in it owned by such person, partnership,
association,
limited liability company, limited liability
partnership, or
corporation, or acquired on its own account in
the
regular course
of, or as an incident to the management of the
property and the
investment in it;
(2)(b) As receiver or trustee in bankruptcy, as guardian,
executor, administrator, trustee, assignee, commissioner, or any
person doing the things mentioned in this section, under
authority
or appointment of, or incident to a proceeding in, any
court, or
as a bona fide public officer, or as executor, trustee, or other
bona fide
fiduciary under any trust agreement, deed of trust,
will, or other
instrument that has been executed in good faith
creating a like bona fide fiduciary
obligation;
(3)(c) As a public officer while performing the officer's
official duties;
(4)(d) As an attorney at law in the performance of the
attorney's duties;
(5)(e) As a person who engages in the brokering of the sale
of
business assets, not including the negotiation of the sale,
lease,
exchange, or assignment of any interest in real estate;
(6)(f) As a person who
engages in the sale of
manufactured
homes
as
defined in division (C)(4) of section
3781.06 of the
Revised
Code, or of mobile homes as defined in
division (O) of
section
4501.01 of the Revised Code, provided the
sale does not
include
the negotiation,
sale, lease, exchange, or
assignment of
any
interest in real estate;
(7)(g) As a person who engages in the sale of commercial real
estate pursuant to the
requirements of section 4735.022 of the
Revised Code.
(2) A person, partnership, association, limited liability
company, limited liability partnership, or corporation exempt
under division (I)(1)(a) of this section shall be limited by the
legal interest in the real estate held by that person or entity to
performing any of the acts or transactions specified in or
comprehended by division (A) of this section.
(J) "Physically handicapped Disabled licensee" means a person
licensed
pursuant to this chapter who is under a severe physical
disability
which is of such a nature as to prevent the person
from
being able
to attend any instruction lasting at
least three
hours
in
duration.
(K) "Division of real
estate" may be used interchangeably
with, and for all purposes
has the same meaning as, "division of
real estate and
professional licensing."
(L) "Superintendent"
or "superintendent of real estate"
means
the superintendent of
the division of real estate and
professional
licensing of this
state. Whenever the division or
superintendent
of real estate
is referred to or designated in any
statute, rule,
contract, or
other document, the reference or
designation shall be
deemed to
refer to the division or
superintendent of real estate
and
professional licensing, as the
case may be.
(M) "Inactive license" means the license status in which a
salesperson's license is in the possession of the division,
renewed
as required under this chapter
or rules adopted
under this
chapter, and not
associated
with a real estate broker.
(N) "Broker's license on deposit" means the license status
in
which a broker's license is in the possession of the division
of
real estate and professional licensing and
renewed as
required
under this chapter
or rules adopted under this chapter.
(O) "Suspended license" means the license status that
prohibits a
licensee from providing services that require a
license under this
chapter for a specified interval of time.
(P) "Reactivate" means the process prescribed by the
superintendent of real estate and professional licensing to remove
a license
from an inactive, voluntary hold, suspended, or broker's
license on
deposit status to allow a licensee to provide services
that
require a license under this chapter.
(Q) "Revoked" means the license status in which the license
is
void and not eligible for reactivation.
(R) "Commercial real estate" means any parcel of
real estate
in this state other than real estate
containing one to four
residential units. "Commercial real
estate" does not include
single-family residential units such as
condominiums, townhouses,
manufactured homes, or homes in a
subdivision when sold, leased,
or otherwise conveyed on a
unit-by-unit basis, even when those
units are a part of a larger
building or parcel of real estate
containing more than four
residential units.
(S) "Out-of-state commercial broker" includes any person,
partnership, association, limited liability company, limited
liability partnership, or corporation that is licensed to do
business as a real estate broker in a jurisdiction other than
Ohio.
(T) "Out-of-state commercial salesperson" includes any
person
affiliated with an out-of-state commercial broker who is
not
licensed as a real estate salesperson in Ohio.
(U) "Exclusive right to sell or lease listing agreement"
means an agency agreement between a seller and broker that meets
the requirements of section 4735.55 of the Revised Code and does
both of the following:
(1) Grants the broker the exclusive right to represent the
seller in the sale or lease of the seller's property;
(2) Provides the broker will be compensated if the broker,
the seller, or any other person or entity produces a purchaser or
tenant in accordance with the terms specified in the listing
agreement or if the property is sold or leased during the term of
the listing agreement to anyone other than to specifically
exempted persons or entities.
(V) "Exclusive agency agreement" means an agency agreement
between a seller and broker that meets the requirements of section
4735.55 of the Revised Code and does both of the following:
(1) Grants the broker the exclusive right to represent the
seller in the sale or lease of the seller's property;
(2) Provides the broker will be compensated if the broker or
any other person or entity produces a purchaser or tenant in
accordance with the terms specified in the listing agreement or if
the property is sold or leased during the term of the listing
agreement, unless the property is sold or leased solely through
the efforts of the seller or to the specifically exempted persons
or entities.
(W) "Exclusive purchaser agency agreement" means an agency
agreement between a purchaser and broker that meets the
requirements of section 4735.55 of the Revised Code and does both
of the following:
(1) Grants the broker the exclusive right to represent the
purchaser in the purchase or lease of property;
(2) Provides the broker will be compensated in accordance
with the terms specified in the exclusive agency agreement or if a
property is purchased or leased by the purchaser during the term
of the agency agreement unless the property is specifically
exempted in the agency agreement.
The agreement may authorize the broker to receive
compensation from the seller or the seller's agent and may provide
that the purchaser is not obligated to compensate the broker if
the property is purchased or leased solely through the efforts of
the purchaser.
(X) "Seller" means a party in a real estate transaction who
is the potential transferor of property. "Seller" includes an
owner of property who is seeking to sell the property and a
landlord who is seeking to rent or lease property to another
person.
(Y) "Voluntary hold" means the license status in which a
license is in the possession of the division of real estate and
professional licensing for a period of not more than twelve months
pursuant to section 4735.142 of the Revised Code, is not renewed
in accordance with the requirements specified in this chapter or
the rules adopted pursuant to it, and is not associated with a
real estate broker.
(Z) "Resigned" means the license status in which a license
has been voluntarily surrendered to or is otherwise in the
possession of the division of real estate and professional
licensing, is not renewed in accordance with the requirements
specified in this chapter or the rules adopted pursuant to it, and
is not associated with a real estate broker.
Sec. 4735.03. There is hereby created the Ohio real estate
commission, consisting of five members who shall be appointed by
the governor, with the advice and consent of the senate. Four
members shall have been engaged in the real estate business as
licensed real estate brokers in the state for a period of ten
years immediately preceding the appointment. One member shall
represent the public. Terms of office shall be for five years,
commencing on the first day of July and ending on the thirtieth
day of June. Each member shall hold office from the date of
appointment until the end of the term for which appointed. No
more
than three members shall be members of any one political
party and
no member of the commission concurrently may be a
member of the
commission and the real estate appraiser board
created pursuant to
section 4763.02 of the Revised Code. Each
member, before entering
upon the duties of office, shall
subscribe to and file with the
secretary of state the
constitutional oath of office. All
vacancies which occur shall
be filled in the manner prescribed for
the regular appointments
to the commission. Any member appointed
to fill a vacancy
occurring prior to the expiration of the term
for which the
member's predecessor was appointed shall hold office
for the remainder of
such term. Any member shall continue in
office subsequent to the
expiration date of the member's term
until the
member's successor takes office, or
until a period of
sixty days has elapsed, whichever occurs first. No member shall
hold office for more than two consecutive full terms. Annually,
upon the qualification of the member appointed in such
year, the
commission shall organize by selecting from its members
a
president and vice-president, and shall do all things necessary
and
proper to
carry out and enforce this chapter. A majority of
the members of
the commission shall constitute a quorum, but a
lesser number may
adjourn from time to time. Each member of the
commission shall
receive an amount fixed pursuant to section
124.14 of the Revised
Code for each day employed in the discharge
of official
duties, and the member's actual and necessary expenses
incurred in the discharge of those duties.
The commission or the superintendent of real estate may
investigate complaints concerning the violation of section
4735.02
or 4735.25 of the Revised Code and may subpoena witnesses
in
connection with such investigations as provided in section
4735.04
of the Revised Code. The commission or the
superintendent may make
application to the appropriate court for
an order enjoining the
violation of section 4735.02 or 4735.25 of
the Revised Code, and
upon a showing by the commission or the
superintendent that any
person, firm, partnership, association, limited
liability company,
limited liability partnership,
or corporation has violated or is
about to violate section
4735.02 or 4735.25 of the Revised Code,
an injunction,
restraining order, or such other order as may be
appropriate
shall be granted by such court.
(A) Adopt canons of ethics for the real estate industry;
(B) Upon appeal by any party affected, or may upon its own
motion, review any order or application determination of the
superintendent, and may reverse,
vacate, or modify any order of
the superintendent;
(C) Administer the real estate education and research fund
and hear appeals from orders of the superintendent regarding
claims against that fund or against the real estate recovery
fund;
(D) Direct the superintendent on the content, scheduling,
instruction, and offerings of real estate courses for
salesperson
and broker educational requirements;
(E) Disseminate to licensees and the public, information
relative to commission activities and decisions;
(F) Notify licensees of changes in state and federal civil
rights laws pertaining to discrimination in the purchase or sale
of real estate and relevant case law, and inform licensees that
they are subject to disciplinary action if they do not comply
with
the changes;
(G) Publish and furnish to public libraries and to brokers
booklets on housing and remedies available to dissatisfied
clients
under this chapter and Chapter 4112. of the Revised Code;
(H) Provide training to commission members and employees of
the division of real estate and professional licensing on issues
relative to the real estate industry, which may include but not be
limited to investigative techniques, real estate law, and real
estate practices and procedures.
Sec. 4735.05. (A) The Ohio real estate commission is a
part
of the department of commerce for administrative purposes.
The
director of commerce is ex officio the executive officer of
the
commission, or the director may designate any employee of the
department as superintendent of real estate and professional
licensing
to act as executive officer of the commission.
The commission and the real estate appraiser board created
pursuant to section 4763.02 of the Revised Code shall each submit
to the director a list of three persons whom the commission and
the board consider qualified to be superintendent within sixty
days after the office of superintendent becomes vacant. The
director shall appoint a superintendent from the lists submitted
by the commission and the board, and the superintendent shall
serve at the pleasure of the director.
(B) The superintendent, except as otherwise provided,
shall
do all of the following in regard to this chapter:
(1) Administer this chapter;
(2) Issue all orders necessary to implement this chapter;
(3) Investigate complaints concerning the violation of
this
chapter or the conduct of any licensee;
(4) Establish and maintain an investigation and audit
section
to investigate complaints and conduct inspections,
audits,
and
other inquiries as in the judgment of the
superintendent are
appropriate to enforce this chapter. The
investigators or
auditors
have the right to review and audit the
business records
of
licensees and continuing education course providers
during
normal
business hours.
(5) Appoint a hearing examiner for any proceeding
involving
disciplinary action
under section 3123.47 or 4735.18 of
the
Revised Code;
(6) Administer the real estate recovery fund.
(C) The superintendent may do all of the following:
(1) In connection with investigations and audits under
division (B) of this section, subpoena witnesses as provided in
section 4735.04 of the Revised Code;
(2) Apply to the appropriate court to enjoin any violation
of
this chapter. Upon a showing by the superintendent that any
person
has violated or is about to violate any provision of this
chapter,
the court shall grant an injunction, restraining order,
or other
appropriate order.
(3) Upon the death of a licensed broker or the revocation
or
suspension of the broker's license, if there is no other
licensed
broker within the business entity of the broker, appoint upon
application by any interested party, or, in the case of a
deceased
broker, subject to the approval by the appropriate
probate court,
recommend the appointment of, an ancillary trustee
who is
qualified as determined by the superintendent to conclude
the
business transactions of the deceased, revoked, or suspended
broker;
(4) In conjunction with the enforcement of this chapter, when
the superintendent of real estate has reasonable cause to believe
that an applicant or licensee has committed a criminal offense,
the superintendent of real estate may request the superintendent
of the bureau of criminal identification and investigation to
conduct a criminal records check of the applicant or licensee. The
superintendent of the bureau of criminal identification and
investigation shall obtain information from the federal bureau of
investigation as part of the criminal records check of the
applicant or licensee. The superintendent of real estate may
assess the applicant or licensee a fee equal to the fee assessed
for the criminal records check.
(5) In conjunction with the enforcement of this chapter,
issue advisory letters.
(D) All information that is obtained by investigators and
auditors performing investigations or conducting inspections,
audits, and other inquiries pursuant to division (B)(4) of this
section, from licensees, complainants, or other persons, and all
reports, documents, and other work products that arise from that
information and that are prepared by the investigators, auditors,
or other personnel of the department, shall be held in confidence
by the superintendent, the investigators and auditors, and other
personnel of the department. Notwithstanding division (D) of
section 2317.023 of the Revised Code, all information obtained by
investigators or auditors from an informal mediation meeting held
pursuant to section 4735.051 of the Revised Code, including but
not limited to the agreement to mediate and the accommodation
agreement, shall be held in confidence by the superintendent,
investigators, auditors, and other personnel of the department.
(E) This section does not prevent the division of real estate
and professional licensing from releasing information relating to
licensees to the superintendent of financial institutions for
purposes relating to the administration of sections 1322.01 to
1322.12 of the Revised Code, to the superintendent of insurance
for purposes relating to the administration of Chapter 3953. of
the Revised Code, to the attorney general, or to local law
enforcement agencies and local prosecutors. Information released
by the division pursuant to this section remains confidential.
Sec. 4735.051. (A) Within five ten business days after a
person files a signed written complaint against a licensed real
estate broker or licensed real estate salesperson with
the
division of real estate, the superintendent of real estate
shall
acknowledge receipt of the complaint and send a notice to
the
licensee describing the acts complained of with a copy of the
complaint. The
acknowledgment to the complainant and the notice to
the licensee
shall state provide that an informal mediation
meeting will may be held with the
complainant, the licensee, and
an investigator from the
investigation and audit section of the
division if the
complainant and licensee both file a request for
such a meeting
within ten business twenty calendar days thereafter
on a form provided by the
superintendent after the acknowledgment
and notice are mailed.
(B) If the complainant and licensee both file with the
division requests for an informal mediation meeting, the
superintendent
shall notify the complainant and licensee of the
date of the
meeting, which shall be within twenty business days
thereafter,
except that any party may request an extension of up
to fifteen
business days for good cause shown by regular mail. If
the complainant and
licensee reach an
accommodation at an informal
mediation meeting, the investigator shall so
report the
accommodation to the superintendent, the
complainant, and licensee
and the complaint
file shall be closed upon the superintendent
receiving satisfactory notice that the accommodation agreement has
been fulfilled.
(C) If the complainant and licensee fail to agree to an
informal mediation meeting or
fail to reach or fulfill an
accommodation the superintendent shall, within five business
days
of such
determination, so notify the complainant and licensee
and
shall investigate the
conduct of the licensee against whom the
complaint is filed assign the complaint for investigation.
(D) Within sixty business days after receipt of the
complaint, or, if an informal meeting is held, within sixty days
of such meeting Upon conclusion of the investigation, the
investigator shall file a written report of
the results of the
investigator's investigation with the
superintendent. Within
fourteen business days thereafter, the The superintendent shall
review the
report and determine whether there exists reasonable
and
substantial evidence of a violation of section 4735.18 of the
Revised Code by the licensee. If the superintendent finds such
evidence exists, within seven business days of the
determination,
the superintendent shall notify the complainant and
licensee of
the date
of a
hearing to be held by a hearing examiner pursuant to
Chapter 119.
of the Revised Code within fifteen days but not prior
to seven
days thereafter, except that either the superintendent or
the licensee may request an extension
of up to thirty business
days for good cause shown determination. The licensee may request
a hearing pursuant to Chapter 119. of the Revised Code. If the
superintendent finds that such evidence does not exist, within
five ten business days thereafter, the superintendent shall so
notify
the complainant and licensee of the superintendent's
determination and the basis for
the determination. Within fifteen
business days after the
superintendent notifies the complainant
and licensee
that such evidence does not
exist, the complainant
may file with the division a request that
the commissioners
commission review the determination. If the complainant
files such
request, the commissioners commission shall review the
determination at the next regularly scheduled meeting held at
least fifteen business days after the request is filed. The
commission shall hear the testimony of either the complainant
or
the licensee at the
meeting upon the request of the complainant or
licensee.
If the commissioners
affirm commission affirms the
determination of the superintendent, the
superintendent shall so
notify the complainant and the licensee
within five ten business
days thereafter. If the commissioners
reverse commission reverses
the determination of the superintendent, a hearing before a
hearing examiner shall
be held and the complainant and licensee
notified as
provided in this division.
After the date of a hearing to be held by a hearing examiner
has been scheduled pursuant to division (D) of this section, but
superintendent notifies the licensee of the determination, but
before the commission issues an order, the superintendent upon
receipt of additional evidence, may withdraw such notice. Or, if
the licensee requests a hearing, before the issuance of the report
of findings of fact and conclusions of law pursuant to division
(E) of this section, the superintendent upon receipt of additional
evidence, may withdraw the notice of hearing. Withdrawal by the
superintendent does not constitute evidence that the original
notice of hearing was not substantially justified. Upon withdrawal
of the notice of hearing, the superintendent shall notify the
complainant and licensee of the superintendent's determination and
basis for the determination. Within fifteen business days after
the superintendent notifies the complainant and licensee, the
complainant may file with the superintendent a request that the
Ohio real estate commission review the determination. The
commission shall review the request as provided in division (D) of
this section.
(E) Within twenty-five business days If a hearing was
requested, after the conclusion
of formal hearings, the hearing
examiner shall file a report of
findings of fact and conclusions
of law with the superintendent,
the commission, and the
complainant and licensee. Within ten days of receipt of the copy
of the written report of findings of fact and conclusions of law,
the respondent and the division may file with the commission
written objections to the report, and the commission shall
consider such objections before approving, modifying, or
disapproving the report.
(F) The commissioners commission shall review the hearing
examiner's
report at the next regularly scheduled
commission
meeting held at least fifteen business days after
receipt of the
hearing examiner's report. The commission shall
hear the testimony
of the complainant or the licensee
upon request. If the
complainant
is the Ohio civil rights commission, the complaint
shall be
reviewed by the commissioners directly upon request.
(G) The commission shall decide whether to impose
disciplinary sanctions
upon a licensee for a violation of section
4735.18 of the Revised Code. The
commission shall decide within
sixty days of the
filing of the hearing examiner's report or
within sixty days of
the filing of an Ohio civil rights commission
complaint. The
commission shall maintain a transcript record of
the proceedings and
issue a written opinion finding and order to
the complainant and
licensee, citing its findings
and grounds for
any action taken. The commission shall notify
the complainant and
any other person who may have suffered
financial loss because of
the licensee's violations, that the
complainant or other person
may
sue for recovery under section 4735.12 of the Revised Code.
(H) An investigation under this section is subject to
section
4735.32 of the Revised Code.
(I) The commission may impose the following sanctions upon
a
licensee for a violation of section 4735.18 of the Revised
Code:
(1) Revoke a license issued under Chapter 4735. of the
Revised Code;
(2) Suspend a license for a term set by the commission;
(3) Impose a fine, not exceeding two five thousand five
hundred dollars per
violation;
(4) Issue a public reprimand;
(5) Require the completion of additional continuing education
course work educational courses. Any continuing education course
work imposed pursuant
to this section shall not count toward the
continuing education
or pre or postlicensure requirements set
forth in section 4735.14 of the Revised Code this chapter.
(6) Any other sanction the commission finds is appropriate to
remedy the violation.
All fines imposed pursuant to division (I)(3) of this section
shall be credited to the real estate recovery fund,
which is
created in the
state treasury under section 4735.12 of the Revised
Code.
(J) All notices, written reports, and determinations issued
pursuant to this section shall be mailed via certified mail,
return receipt requested. If the certified notice is returned
because of failure of delivery, or was refused or unclaimed, the
notice, written reports, or determinations are deemed served if
the superintendent sends the notice, written report, or
determination via regular mail and obtains a certificate of
mailing of the notice, written reports, or determination. Refusal
of delivery by personal service or by mail is not failure of
delivery, and service is deemed to be complete.
Sec. 4735.052. (A) Upon receipt of a written complaint or
upon the superintendent's own motion, the superintendent may
investigate any person that has allegedly violated section 4735.02
or 4735.25 of the Revised Code, except that the superintendent
shall not initiate an investigation, pursuant to this section, of
any person who held a valid an active license under this chapter
any time
during the twelve months preceding the date of the
alleged
violation.
(B) If, after investigation, the superintendent determines
there exists reasonable evidence of a violation of section 4735.02
or 4735.25 of the Revised Code, within seven fourteen business
days after
that determination, the superintendent shall send the
party who is
the subject of the investigation, a written notice,
by regular
mail, that includes all of the following information:
(1) A description of the activity in which the party
allegedly is engaging or has engaged that is a violation of
section 4735.02 or 4735.25 of the Revised Code;
(2) The applicable law allegedly violated;
(3) A statement informing the party that a hearing
concerning
the alleged violation will be held at the next
regularly scheduled
meeting of the Ohio real estate commission before a hearing
examiner,
and a statement giving the date and place of that
meeting hearing;
(4) A statement informing the party that the party or the
party's attorney may appear in person at the hearing and present
evidence and examine witnesses appearing for and against the
party, or the party may submit written testimony stating any
positions, arguments, or contentions.
(C) The commission hearing examiner shall hear the testimony
of all parties
present at the hearing and consider any written
testimony
submitted pursuant to division (B)(4) of this section,
and
determine if there has been a violation of section 4735.02 or
4735.25 of the Revised Code. If the commission finds that a
violation has occurred, the
After the conclusion of formal
hearings, the hearing
examiner shall file a report of findings of
fact and conclusions
of law with the superintendent, the
commission, the complainant,
and the parties. Within ten days of
receipt of such copy of the
written report of findings of fact and
conclusions of law, the
parties and the division may file with the
commission written
objections to the report, which objections
shall be considered by
the commission before approving, modifying,
or disapproving the
report.
The commission shall review the hearing examiner's report at
the next regularly scheduled commission meeting held at least
fifteen business days after receipt of the hearing examiner's
report. The commission shall hear the testimony of the complainant
or the parties.
The commission shall decide whether to impose disciplinary
sanctions upon a party for a violation of section 4735.02 or
4735.25 of the Revised Code. The commission may assess a civil
penalty,
in an amount it determines, not to exceed one thousand
dollars per
violation. Each day a violation occurs or continues is
a separate
violation. The commission shall determine the terms of
payment.
The commission shall maintain a transcript of the
proceedings of
the hearing and issue a written opinion to all
parties, citing its
findings and grounds for any action taken.
(D) Civil penalties collected under this section shall be
deposited in the real estate recovery operating fund, which is
created in
the state treasury under section 4735.12 4735.211 of
the Revised Code.
(E) If a party fails to pay a civil penalty assessed
pursuant
to this section within the time prescribed by the
commission, the
superintendent shall forward to the attorney
general the name of
the party and the amount of the civil penalty,
for the purpose of
collecting that civil penalty. In addition to
the civil penalty
assessed pursuant to this section, the party
also shall pay any
fee assessed by the attorney general for
collection of the civil
penalty.
Sec. 4735.06. (A) Application for a license as a real
estate
broker shall be made to the superintendent of
real estate
on forms
furnished by the superintendent and
filed
with the
superintendent
and shall be signed by the
applicant or
its members
or officers.
Each application shall state the name
of the person
applying and
the location of the place of business
for which the
license is
desired, and give such other information
as the
superintendent
requires in the form of application
prescribed by
the
superintendent.
If the applicant is a partnership, limited liability company,
limited
liability partnership, or association, the names
of all
the members also shall be stated, and, if the applicant is
a
corporation, the names of its president and of each of its
officers also shall be stated. The superintendent has the right
to
reject the application of any partnership, association,
limited
liability company, limited liability partnership,
or
corporation
if the name proposed to be used by such partnership,
association,
limited liability company, limited liability partnership,
or
corporation is likely to mislead the public or if
the name is not
such as to distinguish it from the name of any
existing
partnership, association,
limited liability company, limited
liability partnership,
or corporation licensed under
this chapter,
unless there is filed with the application
the
written consent of
such existing partnership, association,
limited liability company,
limited liability partnership,
or
corporation, executed by a duly
authorized representative of it,
permitting the use of the name of
such existing partnership,
association,
limited liability company,
limited liability partnership,
or corporation.
(B) A fee of sixty-nine one hundred dollars shall
accompany
the
application for a real estate broker's license, which fee
includes the fee for the initial year of the licensing
period, if
a license
is issued. The initial year of the licensing period
commences at the time the license is issued and ends on the
applicant's first birthday thereafter. The application fee shall
be retained by
the superintendent if the applicant is admitted to
the examination
for the license or the examination requirement is
waived, but, if
an applicant is not so admitted and a waiver is
not involved,
one-half of the fee shall be retained by the
superintendent to
cover the expenses of processing the
application
and the other
one-half shall be returned to the
applicant
nonrefundable. A fee
of sixty-nine
one hundred dollars shall
be
charged by the
superintendent for
each successive
application made
by an
applicant.
In the case of
issuance of a
three-year license,
upon passing the examination, or
upon waiver
of the examination
requirement, if the superintendent determines it is necessary, the
applicant shall
submit an
additional fee determined by the
superintendent based upon
the number of years remaining in a real
estate salesperson's
licensing period.
(C) Four dollars One dollar of each
application fee for a
real estate
broker's
license shall be credited to the real estate
education
and
research fund, which is hereby created in the state
treasury.
The Ohio real estate commission may use the fund in
discharging
the duties prescribed in divisions (E), (F), (G), and
(H) of section
4735.03 of the Revised Code and shall use it in the
advancement
of
education and research in real estate at any
institution of
higher
education in the state, or in contracting
with any such
institution or a trade organization for a particular
research or educational project in
the field of real estate, or in
advancing loans, not exceeding
eight hundred dollars, to
applicants for salesperson
licenses, to
defray the costs of
satisfying the educational requirements of
division (F) of section
4735.09 of the Revised Code. Such loans
shall be made according to
rules established by the commission
under the procedures of
Chapter 119. of the Revised Code, and
they
shall be repaid to the
fund within three years of the time
they
are made. No more than
ten thousand dollars shall be lent
from
the fund in any one year.
The governor may appoint a representative from the
executive
branch to be a member ex officio of the commission for
the purpose
of advising on research requests or educational
projects. The
commission shall report to the general assembly on
the third
Tuesday after the third Monday in January of each year
setting
forth the total amount contained in the fund and the
amount of
each research grant that it has authorized and the
amount of each
research grant requested. A copy of all research
reports shall be
submitted to the state library of Ohio and the
library of the
legislative service commission.
(D) If the superintendent, with the consent of the
commission, enters into an agreement with a national testing
service to administer the real estate broker's examination,
pursuant to division (A) of section 4735.07 of the Revised Code,
the superintendent may require an applicant to pay the testing
service's
examination fee directly to the testing service. If the
superintendent requires the payment of the examination fee
directly to the testing service, each applicant shall submit to
the
superintendent a processing fee in an amount determined by the
Ohio
real estate commission pursuant to division (A)(2) of
section
4735.10
of the Revised Code.
Sec. 4735.07. (A) The superintendent of real estate, with
the consent of the Ohio real estate commission, may enter into
agreements with recognized national testing services to
administer
the real estate broker's examination under the
superintendent's
supervision and control, consistent with the requirements
of this
chapter as to the contents of such examination.
(B) No applicant for a real estate broker's license
shall
take the broker's examination who has
not established to the
satisfaction of the superintendent that
the applicant:
(1) Is honest, truthful, and of good reputation;
(2)(a) Has not been convicted of a felony or crime of
moral
turpitude, or if the applicant has been so convicted,
the
superintendent has disregarded the conviction because the
applicant has proven to the superintendent, by a preponderance of
the evidence, that the applicant's activities and employment
record since the
conviction show that the applicant is honest,
truthful, and
of good reputation, and there is no basis in fact
for believing that the
applicant again will violate the laws
involved;
(b) Has not been finally adjudged by a court to have
violated
any municipal, state, or federal civil rights laws
relevant to the
protection of purchasers or sellers of real
estate
or, if the
applicant has been so adjudged, at least
two years have
passed
since the court decision and the superintendent has
disregarded
the adjudication because the applicant has proven, by
a
preponderance of the evidence, that the applicant's
activities
and
employment record since the adjudication show that
the
applicant
is honest, truthful, and of good reputation, and there
is
no basis
in fact for believing that the applicant will again
violate the
laws involved.
(3) Has not, during any period in which the applicant was
licensed under this chapter, violated any provision of, or any
rule adopted
pursuant to, this chapter, or, if the applicant has
violated
any such provision or rule, has established to the
satisfaction of the
superintendent that the applicant will not
again violate
such provision or rule;
(4) Is at least eighteen years of age;
(5) Fulfills either of the following criteria:
(a)(i) Has been a licensed real estate broker or
salesperson
for at least two years; during
(ii) During at least two of the five
years
preceding the
person's application, has worked as a licensed real
estate
broker
or salesperson for an average of at least thirty
hours per week;
and has
(iii) Has completed one of the following:
(a) At at least twenty real estate transactions, in which
property was sold for another by the applicant while acting in
the
capacity of a real estate broker or
salesperson;.
(b) Such Has such equivalent experience to division (B)(5)(a)
of this section as is defined by rules
adopted by the commission
or as otherwise ordered by the commission.
(6)(a) If licensed as a real estate salesperson prior
to
August 1, 2001,
successfully has completed at an
institution of
higher
education all of the following:
(i) Thirty hours of classroom instruction in real estate
practice;
(ii) Thirty hours of classroom instruction that includes
the
subjects of Ohio real estate law, municipal, state, and
federal
civil rights law, new case law on housing discrimination,
desegregation issues, and methods of eliminating the effects of
prior discrimination. If feasible, the classroom instruction in
Ohio real estate law shall be taught by a member of the faculty
of
an accredited law school. If feasible, the classroom
instruction
in municipal, state, and federal civil rights law,
new case law on
housing discrimination, desegregation issues, and
methods of
eliminating the effects of prior discrimination shall
be taught by
a staff member of the Ohio civil rights commission
who is
knowledgeable with respect to those subjects. The
requirements of
this division do not apply to an applicant who is
admitted to
practice before the supreme court.
(iii) Thirty hours of classroom instruction in real estate
appraisal;
(iv) Thirty hours of classroom instruction in real estate
finance;
(v) Three quarter hours, or its equivalent in semester
hours,
in financial management;
(vi) Three quarter hours, or its equivalent in semester
hours, in human resource or personnel management;
(vii) Three quarter hours, or its equivalent in semester
hours, in applied business economics;
(viii) Three quarter hours, or its equivalent in semester
hours, in business law.
(b) If licensed as a real estate salesperson on or after
August
1, 2001, successfully has completed at an institution of
higher education
all of the following:
(i) Forty hours of classroom instruction in real estate
practice;
(ii) Forty hours of classroom instruction that includes the
subjects of Ohio real estate law, municipal, state, and federal
civil rights law, new case law on housing discrimination,
desegregation
issues, and methods of
eliminating the effects of
prior discrimination. If feasible, the classroom
instruction in
Ohio
real estate law shall be taught by a member of the faculty of
an
accredited law school. If feasible, the classroom instruction
in
municipal, state, and federal civil rights law, new case law on
housing discrimination, desegregation issues, and methods of
eliminating the effects of prior discrimination shall be taught by
a staff member of the Ohio civil rights commission who is
knowledgeable with respect to those subjects. The requirements of
this
division do not apply to an
applicant who is admitted to
practice before the supreme court.
(iii) Twenty hours of classroom instruction in real estate
appraisal;
(iv) Twenty hours of classroom instruction in real estate
finance;
(v) The training in the amount of hours specified under
divisions
(B)(6)(a)(v), (vi),
(vii), and (viii) of this
section.
(c) Division (B)(6)(a) or (b) of this section does
not apply
to
any applicant who holds a valid real estate
salesperson's
license issued prior to January 2, 1972.
Divisions (B)(6)(a)(v),
(vi), (vii), and (viii) or division
(B)(6)(b)(v) of this section
do not
apply to any applicant who holds a valid real estate
salesperson's license issued prior to January 3, 1984.
(7) If licensed as a real estate salesperson on or
after
January 3, 1984, satisfactorily has completed a minimum of two
years of post-secondary education, or its equivalent in semester
or quarter hours, at an institution of higher education, and has
fulfilled the requirements of division (B)(6)(a) or (b) of
this
section.
The requirements of division (B)(6)(a) or (b) of this
section
may be
included in the two years of post-secondary
education, or its
equivalent in semester or quarter hours, that is
required by this
division.
(C) Each applicant for a broker's license shall be
examined
in the principles of real estate practice, Ohio real
estate law,
and financing and appraisal, and as to the duties of
real estate
brokers and real estate salespersons, the
applicant's knowledge of
real estate transactions and instruments relating to
them, and the
canons of business ethics pertaining to them. The
commission from
time to time shall promulgate such canons and
cause them to be
published in printed form.
(D) Examinations shall be administered with reasonable
accommodations in
accordance with
the requirements of the
"Americans with Disabilities
Act of 1990," 104 Stat. 327, 42
U.S.C. 12101. The contents of an examination shall be
consistent
with the requirements of division (B)(6) of this
section and with
the other specific requirements of this section.
An applicant who
has completed the requirements of division
(B)(6) of this section
at the time of application
shall be
examined no later than
twelve
months after the
applicant is notified of admission to the
examination.
(E) The superintendent may waive one or more of the
requirements of this section in the case of
an application from a
nonresident real
estate broker pursuant to a reciprocity agreement
with the licensing
authority
of the state from which the
nonresident applicant holds a valid real
estate broker license.
(F) There shall be no limit placed on the number of times
an
applicant may retake the examination.
(G)(1) No later than twelve months after the date of
issue
of
a real estate broker's license to a licensee, the licensee
shall
submit proof satisfactory to the superintendent, on forms
made
available by the superintendent, of the completion of ten
hours of
classroom instruction in real estate brokerage
at an
institution
of higher education or any other institution that is
that shall be
completed in schools, seminars, and educational institutions
approved by
the commission. That instruction shall include, but
not be limited
to, current issues in managing a real estate
company or office The commission shall approve the curriculum and
providers by adopting rules in accordance with section 4735.10 of
the Revised Code.
If the required proof of completion is not
submitted to the
superintendent within
twelve months of the
date a license is
issued under this section, the
license of the real estate broker
is suspended
automatically without the taking of any action by the
superintendent. The broker's
license shall not be reactivated by
the
superintendent until it is established,
to the satisfaction of
the superintendent, that the requirements
of this division have
been met and that the licensee is in compliance with
this chapter.
A licensee's license is revoked automatically without the
taking
of any action by the superintendent if the licensee fails to
submit
proof of completion of the education requirements specified
under division (G)(1) of this section within twelve months of the
date the license is suspended.
(2) If the license of a real estate broker is suspended
pursuant to division (G)(1) of this section, the license of
a
real
estate salesperson associated with that broker correspondingly
is
suspended pursuant to division
(H) of section 4735.20 of the
Revised Code. However, the suspended license of the associated
real estate salesperson shall be reactivated and no fee
shall be
charged or collected for that reactivation if all of the
following
occur:
(a) That broker subsequently submits satisfactory proof to
the superintendent that the broker has complied with the
requirements of
division (G)(1) of this section and requests that
the
broker's license as a real estate broker be
reactivated;
(b) The superintendent then reactivates the
broker's license
as a real estate broker;
(c) The associated real estate salesperson intends to
continue to be associated with that broker and otherwise is in
compliance with this chapter.
Sec. 4735.09. (A) Application for a license as a real
estate
salesperson shall be made to the
superintendent of real
estate on
forms furnished by the
superintendent and
signed
by the
applicant.
The application shall be in the
form prescribed by the
superintendent and shall contain such
information as is required
by this chapter and the rules of the
Ohio real estate commission.
The application shall be
accompanied by the
recommendation of the
real estate broker with whom the
applicant is associated or with
whom the applicant
intends to be associated, certifying
that the
applicant is honest, truthful, and of good reputation,
has not
been convicted of a felony or a crime involving moral
turpitude,
and has not been finally adjudged by a court to have
violated any
municipal, state, or federal civil rights laws
relevant to the
protection of purchasers or sellers of real
estate, which
conviction or adjudication the applicant has not
disclosed to the
superintendent, and recommending that the
applicant be admitted to
the real estate salesperson examination.
(B) A fee of forty-nine seventy-five dollars shall
accompany
the
application, which fee
includes the fee for the
initial year
of
the licensing period, if a license
is
issued.
The initial year
of the licensing period commences at the time the license is
issued and ends on the applicant's first birthday thereafter. The
application
fee shall be retained by the
superintendent if
the
applicant is
admitted to the examination for
the license or
the
examination
requirement is waived, but, if an
applicant is
not so
admitted and
a waiver is not involved,
one-half of the fee
shall
be retained by
the superintendent to
cover the expenses of
processing the
application and the other
one-half shall be
returned to the
applicant nonrefundable. A fee of
forty-nine
seventy-five dollars shall be
charged by the
superintendent for
each successive
application
made by the
applicant.
Four
dollars
One dollar of each
application fee shall
be credited
to the real
estate education and
research fund.
(C) There shall be no limit placed on the number of times
an
applicant may retake the examination.
(D) The superintendent, with the consent of the
commission,
may enter into an agreement with a recognized
national testing
service to administer the real estate
salesperson's examination
under the superintendent's
supervision and control, consistent
with
the requirements of this chapter as to the contents of the
examination.
If the superintendent, with the consent of the commission,
enters into an agreement with a national testing service to
administer the real estate salesperson's examination,
the
superintendent may require an applicant to pay the testing
service's examination
fee directly to the testing service. If the
superintendent
requires the payment of the examination fee
directly to the
testing service, each applicant shall submit
to
the superintendent a processing fee in an amount determined by the
Ohio real estate commission pursuant to division (A)(1) of
section
4735.10 of the Revised Code.
(E) The superintendent shall issue a real estate
salesperson's license when satisfied that the
applicant has
received
a passing score on
each portion of the
salesperson's
examination as determined by rule by the real estate
commission,
except that the superintendent may waive one or more of
the
requirements of this
section in the case of an applicant who is a
licensed
real estate salesperson in another state
pursuant to a
reciprocity agreement with the licensing authority of
the
state
from which the applicant holds a valid real estate salesperson's
license.
(F) No applicant for a salesperson's license shall take
the
salesperson's
examination who has not established to the
satisfaction of the superintendent
that the applicant:
(1) Is honest, truthful, and of good reputation;
(2)(a) Has not been convicted of a felony or crime of
moral
turpitude or, if the applicant has been so convicted,
the
superintendent has disregarded the conviction because the
applicant has proven to the superintendent, by a preponderance of
the evidence, that the applicant's activities and employment
record since the
conviction show that the applicant is honest,
truthful, and
of good
reputation, and there is no basis in fact
for believing that the
applicant again will violate the laws
involved;
(b) Has not been finally adjudged by a court to have
violated
any municipal, state, or federal civil rights laws
relevant to the
protection of purchasers or sellers of real
estate
or, if the
applicant has been so adjudged, at least
two years have
passed
since the court decision and the superintendent has
disregarded
the adjudication because the applicant has proven, by
a
preponderance of the evidence, that the applicant is
honest,
truthful, and of good reputation, and there is no basis in fact
for
believing
that the applicant again will violate the laws
involved.
(3) Has not, during any period in which the applicant was
licensed under this chapter, violated any provision of, or any
rule
adopted pursuant to this chapter, or, if the applicant has
violated such provision or rule, has established to the
satisfaction of the
superintendent that the applicant will not
again violate such
provision or rule;
(4) Is at least eighteen years of age;
(5) If born after the year 1950, has a high school diploma
or
its equivalent as recognized by the state department of
education;
(6)(a) If beginning instruction
prior to August 1, 2001, has
successfully completed at an institution of
higher education all
of the following:
(i) Thirty hours of classroom instruction in real estate
practice;
(ii) Thirty hours of classroom instruction that includes
the
subjects of Ohio real estate law, municipal, state, and
federal
civil rights law, new case law on housing discrimination,
desegregation issues, and methods of eliminating the effects of
prior discrimination. If feasible, the classroom instruction in
Ohio real estate law shall be taught by a member of the faculty
of
an accredited law school. If feasible, the classroom
instruction
in municipal, state, and federal civil rights law,
new case law on
housing discrimination, desegregation issues, and
methods of
eliminating the effects of prior discrimination shall
be taught by
a staff member of the Ohio civil rights commission
who is
knowledgeable with respect to those subjects. The
requirements of
this division do not apply to an applicant who is
admitted to
practice before the supreme court.
(iii) Thirty hours of classroom instruction in real estate
appraisal;
(iv) Thirty hours of classroom instruction in real estate
finance.
(b) Any person who has not been licensed as a real estate
salesperson or broker within a four-year period
immediately
preceding the person's current application for
the salesperson's
examination shall have successfully
completed the classroom
instruction
required by division (F)(6)(a) of this section within
a ten-year
period immediately preceding the person's current
application for the salesperson's examination.
(7) If beginning instruction, as determined by the
superintendent,
on or after August 1, 2001, has successfully
completed at an institution of higher education all of the
following:
(a) Forty hours of classroom instruction in real estate
practice;
(b) Forty hours of classroom instruction that includes the
subjects of Ohio real estate law, municipal, state, and federal
civil rights law, new case law on housing discrimination,
desegregation
issues, and methods of
eliminating the effects of
prior discrimination. If feasible, the
classroom instruction in
Ohio real estate law shall be
taught by a member of the faculty of
an accredited law school. If
feasible, the classroom instruction
in municipal, state, and
federal civil rights law, new case law on
housing discrimination,
desegregation issues, and methods of
eliminating the effects of
prior discrimination shall be taught by
a staff member of the Ohio
civil rights commission who is
knowledgeable with respect to those subjects.
The requirements of
this division do not apply to an applicant who is admitted to
practice
before the supreme court.
(c) Twenty hours of classroom instruction in real estate
appraisal;
(d) Twenty hours of classroom instruction in real estate
finance.
(G) No later than twelve months after the date of issue of a
real estate salesperson license to a licensee, the licensee shall
submit
proof satisfactory to the superintendent, on forms made
available by the
superintendent, of the completion, at
an
institution
of higher education or any other institution approved
by the
commission, of ten hours of classroom instruction in real
estate
courses that cover current issues regarding consumers,
real
estate
practice, ethics, and real estate law that shall be
completed in schools, seminars, and educational institutions
approved by the commission. The commission shall approve the
curriculum and providers by adopting rules in accordance with
section 4735.10 of the Revised Code.
If proof of completion of the required
instruction is not
submitted within twelve months of the date a license is
issued
under this
section, the licensee's license is suspended
automatically without the
taking of any action by the
superintendent. The
superintendent
immediately shall notify the
broker with whom such
salesperson is associated of the suspension
of the
salesperson's license. A salesperson whose license
has
been
suspended under this division shall have twelve
months after
the
date of
the suspension of the salesperson's license to submit
proof of
successful completion of the
instruction required under
this division. No such license shall be reactivated
by the
superintendent until it is established, to the satisfaction of
the
superintendent, that the requirements of this division have
been
met and that the licensee is in compliance with this chapter. A
licensee's license is revoked automatically without the taking of
any action
by the superintendent when the licensee fails to submit
the required proof of
completion of the education
requirements
under division (G) of this section within twelve months
of the
date the license is suspended.
(H) Examinations shall be administered with reasonable
accommodations in
accordance with
the requirements of the
"Americans with Disabilities
Act of 1990," 104 Stat. 327, 42
U.S.C. 12101. The contents of an
examination shall be
consistent
with the classroom instructional requirements of
division (F)(6)
or (7) of this section. An applicant who
has
completed the
classroom instructional requirements of division
(F)(6) or (7) of
this section at the time of
application shall
be
examined no later
than
twelve months after the
applicant is notified of the
applicant's admission to
the examination.
Sec. 4735.10. (A)(1) The Ohio real estate commission may
adopt reasonable rules in accordance with Chapter 119. of the
Revised Code,
necessary for implementing the provisions of this
chapter relating, but not
limited to, the following:
(a) The form and manner of filing applications for
license;
(b) Times and form of examination for license;
(c) Placing an existing broker's license on deposit or a
salesperson's license on an inactive status for an indefinite
period;
(d) Specifying the process by which a licensee may place the
licensee's license on voluntary hold or resigned status;
(e) Defining any additional license status that the
commission determines is necessary and that is not otherwise
defined in this chapter and establishing the process by which a
licensee places the licensee's license in a status defined by the
commission in the rules the commission adopts;
(f) Clarification of the activities that require a license
under this chapter.
(2) The commission shall adopt reasonable rules in
accordance
with
Chapter 119. of the Revised Code, for implementing
the
provisions
of this chapter relating to the following:
(a) The issuance, renewal, suspension, and revocation of
licenses, other sanctions that may be imposed for violations of
this
chapter,
the conduct of hearings related to these actions,
and the
process of reactivating a license;
(b)
By not later than January 1, 2004, a A three-year license
and a three-year license renewal system;
(c) Standards for the approval of the ten hour postlicensure
courses as required by division (G) of section 4735.07 and
division (G) of section 4735.09 of the Revised Code, courses of
study
required
for licenses, or courses offered in preparation for
license
examinations,
or courses required as continuing education
for licenses.
(d) Guidelines to ensure that continuing education
classes
are open to all persons licensed under this
chapter. The
rules
shall
specify that an organization that sponsors a
continuing
education class may offer its members a reasonable
reduction in
the fees charged for the class.
(e) Requirements for trust accounts and property
management
accounts. The rules shall specify that:
(i) Brokerages engaged in the management of
property for
another may, pursuant to a written contract with
the property
owner, exercise signatory authority for withdrawals
from property
management accounts maintained in the name of the
property owner.
The exercise of authority for withdrawals does
not constitute a
violation of any provision of division
(A) of section 4735.18 of
the
Revised
Code.
(ii) The interest earned on property management
trust
accounts maintained in the name of the property owner or the
broker
shall be payable to the property owner unless otherwise
specified in a written
contract.
(f) Notice of
renewal forms and filing
deadlines;
(g) Special assessments under division (A) of section
4735.12
of the Revised Code.
(B) The commission may adopt rules in accordance with
Chapter
119. of the
Revised Code establishing standards and
guidelines
with which the superintendent of real estate shall
comply in the
exercise of the following powers:
(1) Appointment and recommendation of ancillary trustees
under section
4735.05 of the Revised Code;
(2) Rejection of names proposed to be used by
partnerships,
associations, limited liability companies, limited
liability
partnerships, and corporations, under division (A)
of section
4735.06 of the Revised Code;
(3) Acceptance and rejection of applications to take the
broker and salesperson examinations and licensure, with
appropriate waivers pursuant
to division (E) of section 4735.07
and section 4735.09 of
the Revised Code;
(4) Approval of applications of brokers to place their
licenses on deposit in an inactive status and to become
salespersons under
section
4735.13 of the Revised Code;
(5) Appointment of hearing examiners under section 119.09
of
the Revised Code;
(6) Acceptance and rejection of applications to take the
foreign real estate dealer and salesperson examinations and
licensure, with waiver of examination, under sections 4735.27 and
4735.28 of
the Revised Code;
(7) Qualification of foreign real estate under section
4735.25 of the Revised Code.
If at any time there is no rule in effect establishing a
guideline or standard required by this division, the
superintendent may adopt a rule in accordance with Chapter
119. of
the Revised Code for such purpose.
(C) The commission or superintendent may hear testimony in
matters relating to the duties imposed upon them, and the
president of the commission and superintendent may administer
oaths. The commission or superintendent may require other proof
of
the honesty, truthfulness, and good reputation of any person
named
in an application for a real estate broker's or real
estate
salesperson's license before admitting the applicant to the
examination or
issuing a license.
Sec. 4735.12. (A) The real estate recovery fund is hereby
created in the state treasury, to be administered by the
superintendent of real estate. Amounts collected by the
superintendent as prescribed in this section and interest earned
on the assets of the fund shall be credited by the treasurer of
state to the fund. The amount of money in the fund shall be
ascertained by the superintendent as of the first day of
July
of
each year.
The commission, in accordance with rules adopted under
division
(A)(2)(g) of section 4735.10 of the Revised Code,
shall
impose a special
assessment not to exceed ten dollars
per year
for
each year of a licensing period on
each
licensee filing a
notice
of renewal
under section
4735.14 of
the
Revised Code if the
amount
available in the fund is
less than
one
million dollars on
the
first day of July preceding
that
filing.
The commission may
impose
a special assessment not
to
exceed five
dollars
per year
for each
year of a licensing period if
the amount available in the
fund
is
greater than one million
dollars, but less than two
million
dollars on
the first day of
July preceding that filing.
The
commission shall
not impose a
special assessment if the amount
available in the fund exceeds
two
million dollars on the first day
of July preceding that
filing.
(B)(1) Any person who obtains a final judgment in any court
of competent
jurisdiction against any broker or salesperson
licensed under this chapter, on
the grounds of conduct that is in
violation of this chapter or
the rules adopted under it, and that
is associated with an act or transaction that only a licensed real
estate
broker or licensed real
estate salesperson is authorized to
perform as specified in division (A) or
(C)
of section 4735.01 of
the Revised Code, may file a
verified application, as described in
division (B)(3)
of this section, in any the court
of common pleas
of Franklin county for
an order directing payment out of the real
estate recovery fund of
the portion of the judgment that remains
unpaid and that
represents the actual and direct loss sustained
by
the applicant.
(2) Punitive damages, attorney's fees, and interest on a
judgment
are not recoverable from the fund. In the discretion of
the
superintendent of real estate, court costs
may be recovered
from the fund, and, if the superintendent authorizes
the recovery
of court costs, the order of
the court of common pleas then may
direct their payment from the
fund.
(3) The application shall specify the nature of the act or
transaction upon which the underlying judgment was based, the
activities of the applicant in pursuit of remedies available
under
law for the collection of judgments, and the actual and
direct
losses, attorney's fees, and the court costs sustained
or incurred
by the applicant. The applicant shall attach to the
application a
copy of each pleading and order in the underlying
court action.
(4) The court shall order the superintendent to make such
payments out of the fund when the person seeking the order has
shown all of the following:
(a) The person has obtained a judgment, as provided in this
division;
(b) All appeals from the judgment have been exhausted and
the
person has given notice to the superintendent, as
required by
division (C) of this section;
(c) The person is not a spouse of the judgment debtor, or
the
personal
representative of such spouse;
(d) The person has diligently pursued
the person's remedies
against all the
judgment debtors and all other persons liable to
the person
in the transaction for which the person seeks recovery
from
the fund;
(e) The person is making the person's application not more
than one year
after termination of all proceedings, including
appeals, in connection with
the judgment.
(5) Divisions (B)(1) to (4) of this section do not apply to
any of the
following:
(a) Actions arising from property management accounts
maintained in the name
of the property owner;
(b) A bonding company when it is not a principal in a real
estate
transaction;
(c) A person in an action for the payment of a
commission or
fee for the performance of an act or transaction
specified or
comprehended in division (A) or (C) of section 4735.01 of the
Revised Code;
(d) Losses incurred
by investors in real estate if the
applicant and the licensee are principals
in the investment.
(C) A person who applies to a court of common pleas for an
order directing payment out of the fund shall file notice of the
application with the superintendent. The superintendent may
defend
any such action on behalf of the fund and shall have
recourse to
all appropriate means of defense and review,
including
examination
of witnesses, verification of actual and
direct
losses, and
challenges to the underlying judgment required in
division
(B)(4)(a) of this section to determine
whether the
underlying
judgment is based on activity only a licensed broker or
licensed
salesperson is permitted to perform. The superintendent
may move
the court at any time to dismiss the application when it
appears
there are no triable issues and the application is without
merit.
The motion may be supported by affidavit of any person
having
knowledge of the facts and may be made on the basis that
the
application, including the judgment referred to in it, does
not
form the basis for a meritorious recovery claim; provided,
that
the superintendent shall give written notice to the applicant
at
least ten days before such motion. The superintendent may,
subject
to court approval, compromise a claim based upon the
application
of an aggrieved party. The superintendent shall
not
be bound by
any prior compromise or stipulation of the judgment
debtor.
(D) Notwithstanding any other provision of this section,
the
liability of the fund shall not exceed forty thousand dollars
for
any one licensee. If a licensee's license is
reactivated as
provided in
division (E) of this section, the liability of the
fund for the
licensee under this section shall again be forty
thousand dollars, but
only for transactions that occur subsequent
to the time of
reactivation.
If the forty-thousand-dollar liability of the fund is
insufficient to pay in full the valid claims of all aggrieved
persons by whom claims have been filed against any one licensee,
the forty thousand dollars shall be distributed among them in
the
ratio that their respective claims bear to the aggregate of
valid
claims or in such other manner as the court finds
equitable.
Distribution of moneys shall be among the
persons entitled to
share in it, without regard to the order of
priority in which
their respective judgments may have been
obtained or their claims
have been filed. Upon petition of the
superintendent, the court
may require all claimants and
prospective claimants against one
licensee to be joined in one
action, to the end that the
respective rights of all such
claimants to the fund may be
equitably adjudicated and settled.
(E) If the superintendent pays from the fund any amount in
settlement of a claim or toward satisfaction of a judgment
against
a licensed broker or salesperson, the license
of the broker or
salesperson shall be automatically suspended upon the date of
payment from the fund. The
superintendent shall not reactivate
the
suspended license of that
broker or salesperson until the
broker
or salesperson has repaid in full,
plus
interest per annum
at the
rate specified in division (A) of section
1343.03 of the
Revised
Code, the amount paid from the fund on
the broker's or
salesperson's account. A discharge in bankruptcy does
not relieve
a person from the suspension and requirements for
reactivation
provided in this section unless the underlying judgment has been
included
in the discharge and has not been reaffirmed by the
debtor.
(F) If, at any time, the money deposited in the fund is
insufficient to satisfy any duly authorized claim or portion of a
claim, the superintendent shall, when sufficient money has been
deposited in the fund, satisfy such unpaid claims or portions, in
the order that such claims or portions were originally filed,
plus
accumulated interest per annum at the rate specified in
division
(A) of section 1343.03 of the Revised Code.
(G) When, upon the order of the court, the superintendent
has
paid from the fund any sum to the judgment creditor, the
superintendent shall be subrogated to all of the rights of the
judgment creditor to the extent of the amount so paid, and the
judgment
creditor shall assign all the judgment creditor's right,
title, and interest
in the judgment to the superintendent to the
extent of the amount
so paid. Any amount and interest so
recovered
by the
superintendent on the judgment shall be deposited
in the
fund.
(H) Nothing contained in this section shall limit the
authority of the superintendent to take disciplinary action
against any licensee under other provisions of this chapter; nor
shall the repayment in full of all obligations to the fund by any
licensee nullify or modify the effect of any other disciplinary
proceeding brought pursuant to this chapter.
(I) The superintendent shall collect from the fund a
service
fee in an amount equivalent to the interest rate
specified in
division (A) of section 1343.03 of the Revised Code
multiplied by
the annual interest earned on the assets of the
fund, to defray
the expenses incurred in the administration of
the fund.
Sec. 4735.13. (A) Every real estate broker licensed under
this chapter shall have and maintain a definite place of business
in this state. A post office box address is not a definite place
of business for purposes of this section. The license of a real
estate broker
shall
be prominently displayed in the office or
place of business
of the
broker, and no license shall authorize
the licensee to do
business
except from the location specified in
it.
If the broker maintains
more than one place of business
within the
state, the broker shall
apply for and procure a
duplicate license for
each branch office
maintained by the broker.
Each branch office shall be
in the
charge of a licensed broker or
salesperson. The branch office
license shall be prominently
displayed at the branch office
location.
(B) The license of each real estate salesperson shall
be
mailed to and remain in the possession of the licensed broker
with
whom the salesperson is or is to be associated until
the licensee
places the license on inactive, voluntary hold, or resigned status
or
until the salesperson
leaves the
brokerage or is terminated.
The broker shall
keep each
salesperson's license in a way that it
can, and shall
on request,
be
made immediately available for
public inspection at the office
or
place of business of the
broker. Except as provided in
divisions
(G) and (H) of this
section, immediately upon the salesperson's
leaving the
association or termination of the
association of a
real estate
salesperson with the
broker, the broker shall return
the
salesperson's
license to the superintendent of real estate.
The failure of a broker to return the license of a real
estate salesperson or broker
who leaves or who is terminated, via
certified mail return receipt requested, within three
business
days of the receipt of a
written request from the
superintendent
for the return of the license,
is
prima-facie
evidence of
misconduct under division
(A)(6) of
section 4735.18 of
the Revised
Code.
(C) Any licensee who satisfies any of the following criteria
shall notify the superintendent of such satisfaction in writing
within fifteen days of satisfying the criteria:
(1) The licensee is convicted of a felony or;
(2) A licensee is convicted of a crime
involving moral
turpitude or of violating;
(3) The licensee is found to have violated any federal,
state, or
municipal civil rights law pertaining to discrimination
in
housing, or any court that issues a finding of;
(4) The licensee is found to have engaged in an unlawful
discriminatory practice pertaining to housing accommodations
described in division (H) of section 4112.02 of the Revised Code
or that convicts a;
(5) The licensee has been convicted of a violation of
violating any municipal civil
rights law pertaining to housing
discrimination, shall notify the
superintendent of the conviction
or finding within fifteen days;
(6) The licensee is the subject of an order revoking or
permanently surrendering any professional license, certificate, or
registration by any public entity other than the division of real
estate.
If a licensee fails to notify the superintendent within
the
required time, the superintendent immediately may revoke the
license of the licensee.
Any court that convicts a licensee of a violation of any
municipal civil rights law pertaining to housing discrimination
also shall notify the Ohio civil rights commission within fifteen
days of the conviction.
(D) In case of any change of business location, a broker
shall give notice in writing to the superintendent on a form
prescribed by the superintendent within thirty days after the
change of location, whereupon
the
superintendent shall issue new
licenses for the unexpired
period
without charge. If a broker
changes a
business location
without
giving the required notice and
without receiving new
licenses that
action is prima-facie evidence
of misconduct under division (A)(6)
of section
4735.18 of the
Revised Code.
(E) If a real estate broker desires to associate
with
another
real estate broker in the capacity of a real estate
salesperson,
the broker shall apply to
the superintendent to
deposit the
broker's real estate
broker's license with the
superintendent and
for the
issuance of a real estate salesperson's
license. The
application shall be made on a form prescribed by
the
superintendent and
shall be accompanied by the recommendation
of
the real estate
broker with whom the applicant intends to
become
associated and a
fee of twenty-five dollars for the real
estate
salesperson's license. Four dollars One dollar of
the fee
shall be
credited
to the real estate
education and research fund. If the
superintendent is satisfied
that the applicant is honest,
truthful, and of good reputation,
has not been convicted of a
felony or a crime involving moral
turpitude, and has not been
finally adjudged by a court to have
violated any municipal, state,
or federal civil rights laws
relevant to the protection of
purchasers or sellers of real
estate, and that the association of
the real estate broker and
the applicant will be in the public
interest, the superintendent
shall grant the application and issue
a real estate
salesperson's license to the applicant. Any license
so deposited with the superintendent
shall be subject to this
chapter. A broker who intends to deposit
the
broker's license
with
the superintendent, as provided in this section,
shall give
written notice of this fact in a format prescribed by the
superintendent to all
salespersons associated with the broker when
applying to place the broker's license on deposit.
(F) If a real estate broker desires to become a member or
officer of a partnership, association, limited liability company,
limited
liability partnership, or corporation that is or
intends
to become a licensed real estate broker, the broker
shall notify
the superintendent of the broker's intentions.
The notice of
intention shall be on a form prescribed by the superintendent
and
shall be
accompanied by a fee of twenty-five dollars. Four
dollars
One dollar of the
fee shall be credited to the real estate
education
and
research
fund.
No A licensed real estate broker who is a member or officer
of a
partnership, association, limited liability company, limited
liability
partnership, or corporation that is a licensed real
estate broker shall perform any acts only act as a real estate
broker
other
than as the agent of the for such partnership,
association, limited
liability
company, limited liability
partnership, or
corporation,
and such broker shall not have any
real estate
salespersons
associated with the
broker.
(G) If a real estate broker or salesperson enters the
armed
forces, the broker or salesperson may place
the broker's or
salesperson's license on deposit with the Ohio real
estate
commission. The licensee shall not be required to renew the
license
until the renewal
date that follows the date of
discharge
from the armed forces. Any
license deposited with the
commission
shall be
subject to this chapter. Any licensee whose
license is
on
deposit under this division and who fails to meet
the
continuing
education requirements of section 4735.141 of the
Revised Code
because the licensee is in the armed forces shall
satisfy the
commission that the licensee has complied with the
continuing
education requirements
within twelve months of the
licensee's
first birthday after discharge. The
commission superintendent
shall
notify the licensee of
the
licensee's obligations under
section 4735.141 of the Revised
Code
at the time the licensee
applies for reactivation of the
licensee's license.
(H) If a licensed real estate salesperson submits an
application to the superintendent to leave the association of one
broker to associate with a different broker, the broker possessing
the licensee's license need not return the salesperson's license
to the superintendent. The superintendent may process the
application regardless of whether the licensee's license is
returned to the superintendent.
Sec. 4735.14. (A) Each license issued under this chapter,
shall be valid without further recommendation or examination
until
it is
placed in an inactive, voluntary hold, or resigned status,
is revoked or suspended,
or such license
expires by operation of
law.
(B) Except for a licensee who has placed the licensee's
license on voluntary hold or resigned status pursuant to section
4735.142 of the Revised Code, each licensed broker, brokerage, or
salesperson shall
file, on or
before
the date the Ohio real estate
commission has
adopted by rule for that licensee
in accordance
with division
(A)(2)(f) of section 4735.10 of the Revised Code,
a
notice of
renewal on a
form prescribed by the
superintendent of
real estate.
The
notice of renewal shall
be mailed by the
superintendent
two months prior to the filing deadline to the most
current personal residence address of
each
broker or salesperson
as filed with the superintendent by the
licensee
and the place of
business address of the brokerage that is on file with the
division. A licensee may not renew the licensee's license any
earlier than two
months prior to the filing deadline.
(C) Except as otherwise provided in division (B) of this
section, the license of any real estate broker,
brokerage, or
salesperson that fails
to file a notice of renewal on or
before
the filing deadline of each
ensuing year shall be
suspended
automatically without the taking of any action by
the
superintendent. A suspended license
may be reactivated within
twelve months of
the date of suspension, provided that the renewal
fee plus a penalty fee of fifty per
cent of the renewal fee is
paid to the superintendent. Failure to reactivate
the license as
provided in this division shall result in automatic
revocation of
the
license without the taking of any action by the
superintendent. No
person, partnership, association, corporation,
limited liability
company, or limited partnership shall engage in
any act or acts for which a
real estate license is required while
that entity's license is
placed in an inactive, voluntary hold, or
resigned status, or is suspended,
or revoked. The
commission shall
adopt rules in accordance with
Chapter 119. of
the Revised Code to
provide to licensees notice of
suspension or revocation or both.
(D) Each licensee shall notify the commission of a change in
personal residence address. A licensee's failure to notify the
commission of
a change in personal residence address does not
negate the requirement to file the license renewal by the required
deadline established by the commission by rule under division
(A)(2)(f) of section 4735.10 of
the Revised Code.
(E) The superintendent shall not renew a license if the
licensee
is no longer honest, trustworthy, or of good reputation,
fails to comply with section 4735.141 of the Revised Code, or
otherwise is not in
compliance with this chapter.
Sec. 4735.141. (A) Except as otherwise provided in this
division and except for a licensee who has placed the licensee's
license on voluntary hold or resigned status pursuant to section
4735.142 of the Revised Code, each person licensed under section
4735.07 or 4735.09 of
the Revised
Code shall submit proof
satisfactory to the
superintendent of real estate that
the
licensee has satisfactorily
completed thirty hours of
continuing
education, as prescribed by
the Ohio real estate commission
pursuant to section 4735.10 of the
Revised Code, on or before the
licensee's
birthday occurring three
years after the licensee's
date of initial licensure,
and on or
before the licensee's
birthday every three years thereafter.
Persons licensed
as real estate salespersons who subsequently
become licensed real
estate brokers shall continue to submit proof
of continuing
education in accordance with the time period
established in this section.
The requirements of this section
shall not apply to
any
physically handicapped disabled licensee as provided in division
(E) of
this
section.
Each licensee who is seventy years of age or older, within a
continuing education reporting period, shall submit
proof
satisfactory to the superintendent of real estate
that the
licensee has satisfactorily
completed a total of nine
classroom
hours of continuing education, including instruction in
Ohio real
estate law; recently enacted state
and federal laws affecting the
real estate industry; municipal,
state, and
federal civil rights
law; and canons of ethics for the real estate industry as
adopted
by the commission. The required proof of completion shall be
submitted on or before the licensee's birthday that falls in the
third year of that continuing education reporting period. A
licensee who is seventy years of age or
older whose license is in
an inactive status is exempt from the
continuing
education
requirements specified in this section. The
commission
shall adopt
reasonable rules in
accordance with Chapter
119. of the Revised
Code
to carry out the purposes of this
paragraph.
(B) The continuing education requirements of this section
shall be completed in schools, seminars, and educational
institutions approved by the commission. Such approval shall be
given according to rules established by the commission under the
procedures of Chapter 119. of the Revised Code, and shall not be
limited to institutions providing two-year or four-year degrees.
Each school, seminar, or educational institution approved under
this division shall be open to all licensees on an equal basis.
(C) If the requirements of this section are not met by a
licensee within the period specified, the licensee's license shall
be suspended automatically without the taking of any action by the
superintendent. The superintendent shall notify the licensee of
the license suspension, and such notification shall be sent to the
personal residence address of the licensee that is on file with
the division. Any license so suspended shall
remain
suspended
until it is reactivated by the
superintendent.
No such
license
shall be reactivated until it is
established, to
the
satisfaction
of the superintendent, that the requirements of
this
section have
been met. If the requirements of this section
are
not
met within
twelve months from the date the
license
was
suspended,
the
license shall be revoked automatically without the
taking of
any
action by the superintendent.
(D) If the license of a real estate broker is suspended
pursuant to division (C) of this section, the license of a
real
estate salesperson associated with that broker
correspondingly is
suspended pursuant to division
(H) of section 4735.20 of the
Revised Code. However, the A sole broker shall notify affiliated
salespersons of the suspension in writing within three days of
receiving the notice required by division (C) of this section.
(1) The suspended license of the associated
real estate
salesperson shall be reactivated and no
fee
shall be
charged or
collected for that reactivation if all
of
the
following
occur:
(1) That that broker subsequently submits proof to the
superintendent that the broker has complied with the requirements
of
this section and requests that the broker's license as a real
estate
broker be reactivated.
(2) The, and the superintendent then reactivates the broker's
license
as a
real estate broker.
(3) The associated real estate salesperson intends to
continue to be associated with that broker, has complied with the
requirements of this section, and otherwise is in compliance with
this chapter.
(2) If the real estate salesperson submits an application to
leave the association of the suspended broker in order to
associate with a different broker, the suspended license of the
associated real estate salesperson shall be reactivated and no fee
shall be charged or collected for that reactivation. The
superintendent may process the application regardless of whether
the licensee's license is returned to the superintendent.
Any person whose license is reactivated pursuant to this
division
shall submit proof satisfactory to the superintendent
that the
person has completed thirty hours of continuing
education, as
prescribed by the Ohio real estate commission, on or
before the
third year following the licensee's birthday occurring
immediately after
reactivation comply with the requirements of
this section and otherwise be in compliance with this chapter.
(E) Any licensee who is a physically handicapped disabled
licensee
at
any time during the last three months of the third
year of the
licensee's
continuing education reporting period may
receive an
extension of
time of not more than six months to submit
proof to the superintendent that the
licensee has
satisfactorily
completed the required thirty hours of
continuing
education. To
receive an extension of time, the
licensee shall
submit a request
to the division of real estate for
the extension
and proof
satisfactory to the commission that the
licensee was a physically
handicapped disabled licensee at some time during
the last three
months of
the three-year reporting period. The
proof shall
include, but is
not limited to, a signed statement by
the
licensee's attending
physician describing the physical
disability,
certifying that the
licensee's disability is of such a
nature as
to prevent the licensee from
attending any instruction
lasting at
least three hours
in duration, and stating the expected
duration
of the physical
disability. The licensee shall request
the
extension and provide
the physician's statement to the
division no
later than one month
prior to the end of the
licensee's three-year
continuing
education reporting period,
unless the physical
disability did
not arise until the last month
of the three-year
reporting
period, in which event the licensee
shall request the
extension
and provide the physician's statement
as soon as
practical after
the occurrence of the physical
disability. A
licensee granted an
extension pursuant to this
division who is no
longer a physically
handicapped disabled licensee and
who submits
proof of completion of the
continuing education during
the
extension period, shall submit,
for future continuing
education
reporting periods, proof of
completion of the continuing
education
requirements according to
the schedule established in
division (A)
of this section.
The superintendent shall only grant one
extension.
(F) The superintendent shall not renew a license if the
licensee fails to comply with this section, and the licensee shall
be required to pay the penalty fee provided in section 4735.14 of
the Revised Code.
(G) A licensee shall submit proof of completion of the
required continuing education with the licensee's notice of
renewal. Such proof shall be submitted in the manner provided by
the superintendent.
Sec. 4735.15.
(A) The nonrefundable fees for
reactivation
or
transfer of
a
license shall be as follows:
(1) Reactivation or transfer of a broker's license
into
or
out of a
partnership, association,
limited liability company,
limited liability partnership,
or corporation or from one
partnership,
association,
limited liability company, limited
liability partnership,
or corporation to another partnership,
association,
limited liability company, limited liability
partnership,
or corporation, twenty-five dollars. An
application
for such
transfer shall be made to the superintendent of real
estate on
forms provided by the superintendent.
(2) Reactivation or transfer of a license by a real
estate
salesperson,
twenty twenty-five dollars.
(B) Except as may otherwise be specified pursuant to division
(F) of this section, the nonrefundable fees for a branch office
license, license renewal,
late filing, and foreign real estate
dealer and salesperson
license are as follows per year for each
year of a licensing
period:
(1) Branch office license, eight fifteen dollars;
(2) Renewal of a real
estate broker's license, forty-nine
seventy-five dollars. If the
licensee is a
partnership,
association,
limited
liability company, limited liability
partnership,
or corporation,
the full broker's
renewal fee shall
be required for each member of
such
partnership, association,
limited liability company, limited
liability partnership,
or
corporation that is a real estate
broker. If the real estate
broker has not less than eleven nor
more than twenty real estate
salespersons associated with the
broker, an additional fee
of
sixty-four seventy-five dollars shall be assessed
to the
brokerage. For every additional ten real
estate
salespersons or
fraction of that number, the
brokerage assessment
fee shall
be
increased in
the amount of thirty-seven
forty dollars.
(3) Renewal of
a real estate
salesperson's license,
thirty-nine sixty dollars;
(4) Renewal of a real
estate broker's or
salesperson's
license filed within twelve months after the
licensee's renewal
date, an
additional late filing penalty
of
fifty per cent of the
required fee;
(5) Foreign real estate dealer's license and each
renewal
of
the license, thirty dollars per salesperson
employed by
the
dealer, but not less than one hundred fifty dollars;
(6) Foreign real estate salesperson's license and
each
renewal of the license, fifty dollars.
(C) All fees collected under this section shall be paid to
the
treasurer of state. Four dollars One dollar of each such fee
shall be
credited to the real estate education and research fund,
except
that for fees that are assessed only once every three
years,
twelve three dollars of each triennial fee shall be
credited to the real
estate education and research fund.
(D) In all cases, the fee and any penalty shall accompany the
application for the license, license
transfer, or license
reactivation or shall accompany the filing
of the
renewal.
(E) The commission may establish by rule reasonable fees for
services not otherwise established by this chapter.
(F) The commission may adopt rules that provide for a
reduction in the fees established in divisions (B)(2) and (3) of
this section.
Sec. 4735.16. (A) Every real estate broker licensed under
this chapter shall have and maintain a definite place of business
in this state and shall erect or maintain a sign on the business
premises
plainly stating that the licensee is a real estate
broker. If
the
real estate broker maintains one or more branch
offices, the
real
estate broker shall erect or maintain a sign at
each branch office
plainly stating that the licensee is a real
estate broker.
(B)(1) Any licensed real estate broker or salesperson who
advertises to buy, sell, exchange, or lease real estate, or to
engage in
any act regulated by this chapter, including, but not
limited to,
any licensed real estate broker or
salesperson who
advertises to sell, exchange, or lease
real estate
that the
licensee owns with respect to property the licensee does not own,
shall be identified in the
advertisement by name
and by indicating
that the licensee is a real estate broker
or
real estate
salesperson. Except a real estate
salesperson who
advertises the
sale,
exchange, or lease of real estate that the
salesperson owns
and that is not listed for sale, exchange, or
lease with a real
estate broker,
any real estate salesperson who
advertises, as
provided
in this
section, also shall indicate in
the
advertisement the name
of the
broker under whom the
salesperson
is licensed and the fact
that the salesperson's broker
is
a real
estate broker. The name of the broker shall be displayed
in equal
prominence with the name of the salesperson in
the
advertisement
indicate the name of the brokerage with which the licensee is
affiliated.
(2) Any licensed real estate broker or sales person who
advertises to sell, exchange, or lease real estate, or to engage
in any act regulated by this chapter, with respect to property
that the licensee owns, shall be identified in the advertisement
by name and indicate that the property is agent owned, and if the
property is listed with a real estate brokerage, the advertisement
shall also indicate the name of the brokerage with which the
property is listed.
(3) The name of the brokerage shall be displayed in equal
prominence with the name of the salesperson in the advertisement.
For purposes of this section, "brokerage" means the name the real
estate company or sole broker is doing business as, or if the real
estate company or sole broker does not use such a name, the name
of the real estate company or sole broker as licensed.
(4) A real estate broker who is representing a seller under
an exclusive right to sell or lease listing agreement shall not
advertise such property to the public as "for sale by owner" or
otherwise mislead the public to believe that the seller is not
represented by a real estate broker.
(3)(5) If any real estate broker or real estate
salesperson
advertises in a manner other than as provided in this section or
the rules
adopted under this section, that
advertisement is
prima-facie evidence of a violation
under division
(A)(21)
of
section 4735.18 of the
Revised Code.
When the superintendent determines that prima-facie evidence
of a violation
of division (A)(21) of
section 4735.18 of the
Revised Code or any of the rules
adopted thereunder exists, the
superintendent may do either of the
following:
(a) Initiate disciplinary action under section 4735.051 of
the
Revised Code for
a violation of division
(A)(21) of section
4735.18 of the
Revised Code, in accordance with Chapter 119. of
the Revised Code;
(b) Personally, or by certified mail, serve a citation upon
the
licensee.
(C)(1) Every citation served under this section shall give
notice
to
the licensee of the alleged violation or violations
charged and inform
the licensee of the opportunity to request a
hearing in accordance with
Chapter 119. of the Revised Code. The
citation
also shall
contain a statement of a fine of two hundred
dollars per
violation, not to exceed two thousand five hundred
dollars per
citation. All fines collected pursuant to this section
shall be credited to
the real estate recovery fund, created in the
state treasury under section
4735.12 of the Revised Code.
(2) If any licensee is cited three times within twelve
consecutive months, the superintendent shall initiate disciplinary
action pursuant to section 4735.051 of the Revised Code for any
subsequent violation that
occurs within the same
twelve-month
period.
(3) If a licensee fails to request a hearing within thirty
days of
the date of service of the citation, or the licensee and
the
superintendent fail to reach an alternative agreement, the
citation
shall become final.
(4) Unless otherwise indicated, the licensee named in a final
citation must meet all requirements contained in the final
citation
within thirty days of the effective date of that
citation.
(5) The superintendent shall suspend automatically a
licensee's
license if the licensee fails to comply with division
(C)(4) of
this section.
(D) A real estate broker or salesperson obtaining the
signature of a party to a listing or other agreement involved in
a
real estate transaction shall furnish a copy of the listing or
other agreement to the party immediately after obtaining the
party's signature. Every broker's office shall prominently display
in
the same immediate area as licenses are displayed a statement
that it is illegal to discriminate against any person because of
race, color, religion, sex, familial status as defined in
section
4112.01 of the Revised Code, national origin, military status as
defined in that section,
disability
as defined in that section, or
ancestry in the sale or rental of
housing or residential lots, in
advertising the sale or rental of
housing, in the financing of
housing, or in the provision of real
estate brokerage services and
that blockbusting also is illegal.
The statement shall bear the
United States department of housing
and urban development equal
housing logo, shall contain
the information that the broker and
the broker's
salespersons are licensed by the division of real
estate and professional licensing and that the
division can assist
with any consumer complaints or inquiries, and shall
explain the
provisions of section 4735.12 of the Revised Code. The statement
shall provide the division's address and telephone number. The
Ohio real estate commission shall provide by rule for the wording
and size of the statement. The pamphlet required under section
4735.03 of the Revised Code shall contain the same statement that
is required on the statement displayed as provided in this
section
and shall be made available by real estate brokers and
salespersons to their clients. The commission shall
provide the
wording and size of the pamphlet.
Sec. 4735.17. Licenses may be issued under sections
4735.01
to 4735.23 4735.21 of the Revised Code, to nonresidents of this
state and to foreign corporations, subject to the following
additional requirements:
(A) The licensee, if a broker, shall maintain an active
place
of business in this state. A post office box is not an active
place of business for purposes of this section.
(B) Every nonresident applicant shall file an irrevocable
consent that suits and actions may be commenced against such
applicant in the proper court of any county of this state in
which
a cause of action may arise or in which the plaintiff may
reside
by the service of any process or pleading authorized by
the laws
of this state on the superintendent of real estate. The
consent
shall stipulate that such service shall be taken and held
in all
courts as valid and binding as if proper service had been
made
upon the applicant in this state. The instrument containing
such
consent shall be authenticated by signature or by corporate
seal.
All applications of firms or corporations shall be
accompanied by
a certified copy of the resolution of the proper
officers or
managing board authorizing the proper officer to
execute them. A
duplicate copy of any process or pleading served
on the
superintendent shall be immediately forwarded by certified
mail to
the main office of the licensee against which that
process or
pleading is directed.
Sec. 4735.18. (A) Subject to section 4735.32 of the
Revised
Code, the superintendent of real estate, upon the superintendent's
own
motion, may investigate the conduct of any licensee. Subject
to
section 4735.32 of the Revised Code, the Ohio real estate
commission shall,
pursuant to section 4735.051 of the Revised
Code, impose disciplinary
sanctions upon any licensee who, whether
or not acting in the licensee's
capacity as a real estate broker
or salesperson, or in handling the licensee's
own property, is
found to have been convicted of
a felony or a crime of moral
turpitude, and shall, pursuant to
section 4735.051 of the Revised
Code, impose disciplinary sanctions upon any
licensee who, in the
licensee's capacity as a real
estate broker or salesperson, or in
handling the licensee's own property, is
found guilty of:
(1) Knowingly making Making any misrepresentation;
(2) Making any false promises with intent to influence,
persuade, or induce;
(3) A continued course of misrepresentation or the making
of
false promises through agents, salespersons, advertising, or
otherwise;
(4) Acting for more than one party in a transaction
except
as
permitted by and in compliance with section 4735.71 of the
Revised
Code;
(5) Failure within a reasonable time to account for or to
remit any money coming into the licensee's possession which
belongs
to others;
(6) Dishonest or illegal dealing, gross negligence,
incompetency, or misconduct;
(7)(a) By final adjudication by a court, a violation of
any
municipal or federal civil rights law relevant to the
protection
of purchasers or sellers of real estate or, by final
adjudication
by a court, any unlawful discriminatory practice
pertaining to the
purchase or sale of real estate prohibited by
Chapter 4112. of the
Revised Code, provided that such violation
arose out of a
situation wherein parties were engaged in bona
fide efforts to
purchase, sell, or lease real estate, in the licensee's
practice
as a licensed real estate broker or salesperson;
(b) A second or subsequent violation of any unlawful
discriminatory practice pertaining to the purchase or sale of
real
estate prohibited by Chapter 4112. of the Revised Code or
any
second or subsequent violation of municipal or federal civil
rights laws relevant to purchasing or selling real estate whether
or not there has been a final adjudication by a court, provided
that such violation arose out of a situation wherein parties were
engaged in bona fide efforts to purchase, sell, or lease real
estate. For any second offense under this division, the
commission
shall suspend for a minimum of two months or revoke
the
license of
the broker or salesperson. For any subsequent
offense,
the
commission shall revoke the license of the broker or
salesperson.
(8) Procuring a license under this chapter, for the licensee
or any
salesperson by fraud, misrepresentation, or deceit;
(9) Having violated or failed to comply with any provision
of
sections
4735.51 to 4735.74 of the Revised Code or having
willfully disregarded or
violated any other provisions of this
chapter;
(10) As a real estate broker, having demanded, without
reasonable cause,
other
than
from a broker licensed under this
chapter, a commission to which
the licensee is not entitled, or,
as a real estate
salesperson, having demanded,
without
reasonable
cause, a commission to which the licensee is not entitled;
(11)
Except as permitted under section 4735.20 of the
Revised
Code, having paid commissions or fees to, or divided
commissions
or fees with, anyone not licensed as a real estate
broker or
salesperson
under this chapter or anyone not operating
as an
out-of-state commercial real estate broker or salesperson
under
section 4735.022 of the Revised Code;
(12) Having falsely represented membership in any real
estate
professional association of which the licensee is not a
member;
(13) Having accepted, given, or charged any undisclosed
commission, rebate, or direct profit on expenditures made for a
principal;
(14) Having offered anything of value other than the
consideration recited in the sales contract as an inducement to a
person to enter into a contract for the purchase or sale of real
estate or having offered real estate or the improvements on real
estate as a prize in a lottery or scheme of chance;
(15) Having acted in the dual capacity of real estate
broker
and undisclosed principal, or real estate
salesperson and
undisclosed principal, in any transaction without having placed
all disclosures in writing;
(16) Having guaranteed, authorized, or permitted any
person
to guarantee future profits which may result from the
resale of
real property;
(17) Having placed a sign on any property offering it for
sale or for rent without the consent of the owner or the owner's
authorized agent;
(18) Having induced any party to a contract of sale or
lease
to break such contract for the purpose of substituting in
lieu of
it a new contract with another principal;
(19) Having negotiated the sale, exchange, or lease of any
real property directly with a seller, purchaser, lessor, or tenant
knowing
that such seller, purchaser, lessor, or tenant is
represented by another broker under a written exclusive agency
agreement, exclusive right to sell or lease listing agreement, or
exclusive purchaser agency agreement with respect to such property
except as provided for in section 4735.75 of the Revised Code;
(20) Having offered real property for sale or for lease
without the knowledge and consent of the owner or the owner's
authorized
agent, or on any terms other than those authorized by
the owner or the owner's
authorized agent;
(21) Having published advertising, whether printed, radio,
display, or of any other nature, which was misleading or
inaccurate in any material particular, or in any way having
misrepresented any properties, terms, values, policies, or
services of the business conducted;
(22) Having knowingly withheld from or inserted in any
statement of account or invoice any statement that made it
inaccurate in any material particular;
(23) Having published or circulated unjustified or
unwarranted threats of legal proceedings which tended to or had
the effect of harassing competitors or intimidating their
customers;
(24) Having failed to keep complete and accurate records
of
all transactions for a period of three years from the date of
the
transaction, such records to include copies of listing forms,
earnest money receipts, offers to purchase and acceptances of
them,
records of receipts and disbursements of all funds
received
by the licensee as broker and incident to the licensee's
transactions
as
such,
and records required pursuant to divisions
(C)(4) and (5) of section 4735.20 of the Revised Code, and any
other
instruments or
papers related
to the
performance of any of
the
acts set forth in
the definition
of a
real estate broker;
(25) Failure of a real estate broker or salesperson to
furnish all parties involved in a real estate transaction true
copies of all listings and other agreements to which they are a
party, at the time each party signs them;
(26) Failure to maintain at all times a special or trust
bank
account in a depository located in this state. The account
shall
be noninterest-bearing, separate and distinct from any
personal or
other account of the broker, and, except as
provided
in division
(A)(27) of this section, shall be used for the deposit
and
maintenance of all escrow funds, security deposits, and other
moneys
received by the broker in a fiduciary capacity. The name,
account number, if
any, and location of the depository wherein
such special or trust
account is maintained shall be submitted in
writing to the
superintendent. Checks drawn on such special or
trust bank accounts are
deemed to meet the conditions imposed by
section 1349.21 of the Revised Code. Funds deposited in the trust
or special account in connection with a purchase agreement shall
be maintained in accordance with section 4735.24 of the Revised
Code.
(27) Failure to maintain at all times a special or trust
bank
account in a
depository in this state, to be used exclusively
for
the deposit and
maintenance of all rents, security deposits,
escrow funds, and other moneys
received by the broker in a
fiduciary capacity in the course of managing real
property. This
account shall be separate and distinct from any other account
maintained by the broker. The name, account number, and location
of the
depository shall be submitted in writing to the
superintendent. This account
may earn interest, which shall be
paid to the property owners on a pro rata
basis.
Division (A)(27) of this section does not apply to brokers
who are
not engaged in the management of real property on behalf
of real property
owners.
(28) Having failed to put definite expiration dates in all
written agency agreements to which the broker is a party;
(29) Having an unsatisfied final judgment or lien in any
court of
record against the licensee arising out of the licensee's
conduct
as a licensed broker or salesperson;
(30) Failing to render promptly upon demand a full and
complete statement of the expenditures by the broker or
salesperson of funds advanced by or on behalf of a party to a real
estate transaction to the broker or salesperson for the purpose of
performing
duties as a licensee under this chapter in conjunction
with the real estate
transaction;
(31) Failure within a reasonable time, after the receipt
of
the commission by the broker, to render an accounting to and
pay a
real estate salesperson the salesperson's earned share of it;
(32) Performing any service for another constituting the
practice of law, as determined by any court of law;
(33) Having been adjudicated incompetent for the purpose
of
holding the license by a court, as provided in section
5122.301 of
the Revised Code. A license revoked or suspended
under this
division shall be reactivated upon proof
to the commission of the
removal of the disability.
(34) Having authorized or permitted a person to act as an
agent in the capacity of a real estate broker, or a real estate
salesperson, who was not then licensed as a real estate
broker or
real estate salesperson under this chapter
or who was not then
operating as an out-of-state commercial real estate broker or
salesperson under section 4735.022 of the Revised Code;
(35) Having knowingly inserted or participated in inserting
any materially
inaccurate term in a document, including naming a
false consideration;
(36) Having failed to inform the licensee's client of the
existence of an
offer or counteroffer or having failed to present
an offer or
counteroffer in a timely manner, unless otherwise
instructed by the client, provided the
instruction of the client
does not conflict with any state or federal law.
(B) Notwithstanding division (A)(24) of this section, any
broker required to file a report of unclaimed funds or a negative
unclaimed funds report, pursuant to division (F)(2) of section
169.03 of the Revised Code, shall retain all records designated by
the superintendent of unclaimed funds as applicable for five years
beyond the relevant time period provided in section 169.02 of the
Revised Code or until completion of an audit conducted pursuant to
division (F) of section 169.03 of the Revised Code, whichever
occurs first.
(C) Whenever the commission, pursuant to section 4735.051
of
the Revised Code, imposes disciplinary sanctions for any violation
of this
section, the commission also may impose such sanctions
upon the broker with
whom the salesperson is affiliated if the
commission finds that the broker had
knowledge of the
salesperson's actions that violated this section.
(C)(D) The commission shall, pursuant to section 4735.051 of
the
Revised Code,
impose disciplinary sanctions upon any foreign
real
estate dealer or
salesperson who, in that capacity or in
handling
the dealer's or salesperson's
own property, is found
guilty of any
of the acts or omissions specified or
comprehended
in division (A)
of this section insofar as the acts or omissions
pertain to
foreign real estate. If the commission imposes such
sanctions upon
a foreign real estate salesperson for a violation
of this
section,
the commission also may suspend or revoke the
license of
the
foreign real estate dealer with whom the
salesperson is affiliated
if the commission finds that the dealer
had
knowledge of the
salesperson's actions that violated this
section.
(D)(E) The commission may suspend, in whole or in part, the
imposition of the penalty of suspension of a license under this
section.
(E) The commission immediately shall notify the real
estate
appraiser board of any disciplinary action taken under
this
section against a licensee who also is a state-certified
real
estate appraiser under Chapter 4763. of the Revised Code.
Sec. 4735.181. (A) No real estate broker or salesperson
licensed pursuant to this chapter shall fail to comply with
divisions (B) or (D) of section 4735.13, division (D) of section
4735.14, or sections 4735.55, 4735.56, and 4735.58 of the Revised
Code or any rules adopted under those divisions or sections.
(B) When the superintendent determines that a licensee has
violated division (A) of this section, the superintendent may do
either of the following:
(1) Initiate disciplinary action under section 4735.051 of
the
Revised Code, in accordance with Chapter 119. of
the Revised
Code;
(2) Personally, or by certified mail, serve a citation and
impose sanctions in accordance with this section upon the
licensee.
(C) Every citation served under this section shall give
notice
to
the licensee of the alleged violation or violations
charged and inform
the licensee of the opportunity to request a
hearing in accordance with
Chapter 119. of the Revised Code. The
citation
also shall
contain a statement of a fine of up to two
hundred dollars per
violation. All fines collected pursuant to
this section shall be credited to
the real estate recovery fund,
created in the state treasury under section
4735.12 of the Revised
Code.
(D) If any licensee is cited three times under this section
within twelve
consecutive months, the superintendent shall
initiate disciplinary
action pursuant to section 4735.051 of the
Revised Code for any subsequent violation that
occurs within the
same
twelve-month period.
If a licensee fails to request a hearing within thirty days
after
the date of service of the citation, or the licensee and the
superintendent fail to reach an alternative agreement, the
citation
shall become final.
(E) Unless otherwise indicated, the licensee named in a final
citation under this section must meet all requirements contained
in the final citation
within thirty days after the effective date
of that citation.
(F) The superintendent shall suspend automatically a
licensee's
license if the licensee fails to comply with division
(E) of
this section.
Sec. 4735.182. If a check or other draft instrument used to
pay any fee required under this chapter is returned to the
superintendent for insufficient funds unpaid by the financial
institution upon which it is drawn for any reason, the
superintendent shall notify the licensee, applicant, or provider
that the check or other draft instrument was returned for
insufficient funds and. If the check or draft instrument was
remitted by a licensee, the superintendent also shall notify the
licensee that the licensee's license will be suspended, or if the
check or draft instrument was remitted by an applicant for
licensure, that the applicant's application automatically shall be
rejected, unless the licensee or applicant, within fifteen days
after the mailing of the notice, submits the fee and a
one-hundred-dollar fee to the superintendent. If the licensee does
not submit both fees within that time period, or if any check or
other draft instrument used to pay either of those fees is
returned to the superintendent for insufficient funds unpaid by
the financial institution upon which it is drawn for any reason,
the license shall be suspended immediately without a hearing and
the licensee shall cease activity as a licensee under this
chapter.
Sec. 4735.19. The Ohio real estate commission shall keep a
record of its
proceedings and, upon application of an interested
party, or upon its own
motion and notice to the interested
parties, may hold a hearing to consider whether or not the
commission should reverse, vacate, or modify
its
own orders. An
application to the commission to reverse, vacate, or modify an
order shall be filed with the division within fifteen days after
the mailing of the notice of
the
order of the commission to the
interested parties pursuant to section 119.09
of
the Revised Code.
Any applicant, licensee, or complainant respondent,
dissatisfied with an order of the
commission may appeal in
accordance with Chapter 119. of the Revised Code.
Sec. 4735.21. No right of action shall accrue to any
person,
partnership, association, or corporation for the
collection of
compensation for the performance of the acts
mentioned in section
4735.01 of the Revised Code, without
alleging and proving that
such person, partnership, association,
or corporation was licensed
as a real estate broker or foreign
real estate dealer. Nothing
contained in this section shall
prevent a right of action from
accruing after the expiration of a
real estate or foreign real
estate license if the act giving rise
to the cause of action was
performed by a licensee prior to such
expiration.
No real estate salesman salesperson or foreign real estate
salesman salesperson
shall collect any money in connection with
any real estate or
foreign real estate brokerage transaction,
whether as a
commission, deposit, payment, rental, or otherwise,
except in the
name of and with the consent of the licensed real
estate broker
or licensed foreign real estate dealer under whom he
the
salesperson is licensed at the time the salesperson earned the
commission. Nor shall any real estate salesman
salesperson or
foreign real estate salesman salesperson
commence or maintain any
action for a commission or other compensation in
connection with a
real estate or foreign
real estate brokerage transaction, against
any person except a
person licensed as a real estate broker or
foreign real estate
dealer under whom he the salesperson is
licensed as a
salesman salesperson at the time the cause of action
arose.
A salesperson licensed under this chapter shall not assign
the salespersons interest in a commission or any portion thereof.
Sec. 4735.211. All fines imposed under section 4735.051 of
the Revised Code,
and all fees and charges collected under
sections 4735.06, 4735.09, 4735.13,
4735.15, 4735.25, 4735.27,
4735.28, and 4735.29 of the Revised Code, except
such fees as are
paid to the real estate education and research fund and real
estate recovery fund as provided in this chapter, shall be paid
into the state treasury to the credit of the division of real
estate operating fund, which is hereby created. All operating
expenses of the division of real estate shall be paid from the
division of real estate operating fund.
The division of real estate operating fund shall be
assessed
a proportionate share of the administrative costs of the
department of commerce in accordance with procedures prescribed
by
the director of commerce and approved by the director of
budget
and management. Such assessments shall be paid from the
division
of real estate operating fund to the division of
administration
fund.
If funds in the division of real estate operating fund are
determined by the director of commerce to be in excess of those
necessary to fund all the expenses of the division in any
biennium, he shall the director may pay the excess funds to the
real
estate education and research fund.
Sec. 4735.32. (A)(1) The Ohio real estate commission or
the
superintendent of real estate may commence, at any time
within
three years from the date on which an alleged violation of
a
provision of this or another chapter of the Revised Code
occurred,
any investigation that relates to the conduct of a
licensed real
estate broker, real estate salesperson, foreign
real estate
dealer, or foreign real estate salesperson, that is
authorized
pursuant to section 1349.11, 4735.051, or 4735.18, or any other
section of the Revised Code, and that is for purposes of
determining whether the licensee has violated a provision of this
or another chapter of the Revised Code and whether, as a
consequence, the licensee's license should be suspended or
revoked, or other disciplinary action taken, as provided in this
or another
chapter of the Revised Code. If such an investigation
is not commenced
within the three-year period, it shall be barred,
and neither the
commission nor the superintendent shall suspend or
revoke the
license of any licensee, or take other disciplinary
action
against any licensee, because of the alleged violation of a
provision of this or another chapter of the Revised Code that
could have been the subject of the barred investigation.
(2) For purposes of division (A)(1) of this section, if an
investigation that is authorized by section 4735.051 of the
Revised Code is involved, it shall be considered to be commenced
as of the date on which a person files a the complaint with the
division of real estate pursuant to division (A) of that section.
(B) This section does not affect any criminal or civil
liability that a licensed real estate broker, real estate
salesperson, foreign real estate dealer, or
foreign real estate
salesperson, or any unlicensed
person, may have under this or
another chapter of the Revised Code or under
the common law of
this state.
Sec. 4735.55. (A) Each written agency agreement shall
contain all of the
following:
(2) A statement that it is illegal, pursuant to the Ohio fair
housing law,
division (H) of section 4112.02 of the Revised Code,
and the federal
fair
housing law, 42 U.S.C.A. 3601, to refuse to
sell, transfer, assign, rent,
lease, sublease,
or finance housing
accommodations, refuse to negotiate
for the sale or rental of
housing accommodations, or otherwise
deny or make unavailable
housing accommodations because of race,
color, religion, sex,
familial status as defined in section 4112.01
of the Revised Code,
ancestry, military status as defined in that section, disability
as defined in that
section, or
national origin or to so
discriminate in advertising the sale
or rental of housing, in the
financing of housing, or in the
provision of real estate brokerage
services;
(3) A statement defining the practice known as "blockbusting"
and stating
that it is illegal;
(4) A copy of the United States department of housing and
urban development
equal housing opportunity logotype, as set forth
in 24 C.F.R. 109.30.
(B) Each written agency agreement shall contain a place for
the
licensee and the client to sign and date the agreement.
(C) A licensee shall
furnish a copy of any written agency
agreement to a client in a
timely manner after the licensee and
the client have signed and dated it.
Sec. 4735.58. (A)(1) A licensee who is a
purchaser's agent
or a seller's subagent working with a
purchaser shall present the
agency disclosure statement described in section 4735.57 of the
Revised Code to the purchaser and
request the purchaser to sign
and date the statement no later than the preparation of an offer
to purchase or lease, or a written request for a proposal to
lease. The
licensee shall deliver the statement signed by the
purchaser to the seller's agent, or
to the seller if the seller is
not represented by an agent. Prior to presenting the seller with
either a written offer to
purchase or lease, or a written request
for a proposal to lease, the seller's agent, or the purchaser's
agent if the seller is not represented by an agent, shall present
the agency disclosure statement to the seller and request the
seller to sign and date the statement.
(2) A licensee shall indicate the accurate agency
relationship on the agency disclosure statement.
(B) A licensee selling
property at auction shall, prior to
the auction, verbally
disclose to the audience that the licensee
represents the seller
in the real estate transaction. The licensee
shall
provide the agency disclosure statement described in section
4735.57 of the
Revised Code to the successful bidder prior to the
bidder's signing a purchase
contract.
(C) Evidence that a licensee has failed to comply with this
section
constitutes prima-facie evidence of misconduct in
violation of division (A)(6)
of section 4735.18 of the Revised
Code.
(D) The disclosure requirements of this section do not apply
in any of the
following situations:
(1) The rental or leasing of residential premises as defined
in
section 5321.01 of the Revised Code, if the rental or lease
agreement can be performed in eighteen months or less;
(2) The referral of a prospective purchaser or seller to
another licensee;
(3) Transactions involving the sale, lease, or exchange
of
foreign real estate as defined in division (E) of
section 4735.01
of the
Revised Code;
(4) Transactions involving the sale of a cemetery lot or a
cemetery interment right.
(E) The licensee is obligated to perform all duties imposed
on a real estate agent at common
law except to the extent the
duties are inconsistent with the duties
prescribed in this chapter
or are otherwise modified by agreement.
Sec. 4735.71. (A) No licensee or brokerage shall participate
in a dual agency
relationship described in section 4735.70 of the
Revised
Code unless both the seller and
the purchaser in the
transaction have full knowledge of the dual
representation and
consent in writing to the dual representation
on the agency
disclosure statement described in section
4735.57 of the Revised
Code. Before a licensee obtains the consent of any party to a
dual
agency relationship, the licensee shall disclose to both the
purchaser
and the seller all relevant information necessary to
enable
each party to make an informed decision as to whether to
consent to the dual
agency relationship. If, after consent is
obtained, there is a material
change in the information disclosed
to the purchaser and the seller, the licensee
shall disclose the
change of information to the purchaser and the seller and give
them an opportunity to revoke their consent.
(B) No brokerage shall participate in a dual agency
relationship
described in division (C) of section 4735.70 of the
Revised Code, unless each
of the following conditions is met:
(1) The brokerage has established a procedure under section
4735.54 of the
Revised Code under which licensees,
including
management level licensees, who represent one client will not have
access to and will not obtain confidential information concerning
another
client of the
brokerage involved in the dual agency
transaction.
(2) Each licensee fulfills the licensee's duties exclusively
to the licensee's client.
(C) No salesperson or broker licensed under this chapter
shall participate in a dual agency relationship in which the
licensee is a party to the transaction, either personally or as an
officer or member of a partnership, association, limited liability
company, limited liability partnership, or corporation that has an
interest in the real property that is the subject of the
transaction.
Sec. 4735.72. (A) The brokerage and management level
licensees in a brokerage in which there is a dual agency
relationship described in section
4735.70 of the Revised Code
shall do each of the
following:
(1) Objectively supervise the affiliated licensees in the
fulfillment of their duties and obligations to their respective
clients;
(2) Refrain from advocating or negotiating on behalf of
either the seller or the purchaser;
(3) Refrain from disclosing to any other employee of the
brokerage or any
party or
client, any confidential information of
a client of which the brokerage or
management level licensee
becomes aware and from utilizing or allowing to be
utilized for
the benefit of another client, any confidential information
obtained from a client.
(B) When two licensees affiliated with the
same brokerage
represent separate clients in the same transaction, each
affiliated licensee shall do both of the following:
(1) Serve as the agent of only the party in the
transaction
the licensee agreed to represent;
(2) Fulfill the duties owed to the respective client as
set
forth in this chapter and as agreed in the agency agreement.
(C)(1) In all cases, a management level licensee shall keep
information of the client or brokerage confidential.
(2) Nothing in this
section prohibits the brokerage or
management level licensees in the brokerage
from providing
factual, nonconfidential information that presents or
suggests
objective options or solutions, or assisting the
parties in an
unbiased manner to negotiate or fulfill the terms of the
purchase
contract or lease, provided that confidential information of a
client
is not utilized in any manner in formulating such
suggestions or providing
this assistance.
(D) No cause of action
shall arise on behalf of any person
against a licensee in a dual
agency relationship for making
disclosures to the parties that
are permitted or required by this
chapter or that have been
made on the agency disclosure statement.
Making permitted
disclosures does not terminate any agency
relationship between a
licensee and a client.
(E)(1) If a brokerage determines that confidential
information of
one client
in a dual agency relationship has become
known to any licensee employed by or
affiliated with the brokerage
who is representing the other client in the dual
agency
relationship, as a result of the failure of the brokerage, its
licensees, or its employees to maintain such confidentiality, the
brokerage
shall do both of the following:
(a) Notify both clients of the fact immediately in writing;
(b) Offer to resign representation of both clients.
(2) If either client elects to accept the resignation, the
brokerage
shall not be entitled to any compensation from that
client. If either
client does not accept the resignation, the
brokerage may continue to
represent that client.
(3) A licensee who obtains confidential information
concerning another
client of the brokerage in a dual agency
relationship shall not, under any
circumstances, disclose that
information to
or use that information for the benefit of the
licensee's client.
(F) A client of a brokerage who is involved in a dual agency
relationship
may bring an individual action against a brokerage
and any licensee who has
failed to comply with the procedure
described in division (B)(1) of
section 4735.71 of the Revised
Code to recover actual damages and to rescind an agency
agreement
with the brokerage.
(G) A sole broker shall not represent either the buyer or the
seller individually when the brokerage is a dual agent.
Sec. 4735.74. Unless otherwise agreed in
writing, a licensee
owes no further duty to a client after
performance of all duties
or after any contract has terminated
or expired, except for both
of the following:
(A) Providing the client with an accounting of all moneys and
property
relating to the transaction;
(B) Keeping confidential all information received during the
course of the
transaction unless;:
(1) The client permits disclosure;
(2) Disclosure is required by law or by court order;
(3) The information becomes public from a source other
than
the licensee;
(4) The information is necessary to prevent a crime the
client intends to commit;
(5) Disclosure is necessary to defend the brokerage or
its
licensees against an accusation of wrongful conduct or to
establish or defend a claim that a commission is owed on a
transaction.
(6) Disclosure is regarding sales information requested by a
registered appraiser assistant or a licensed or certified
appraiser for the purposes of performing an appraisal.
Sec. 4735.99. (A) Whoever violates section 4735.02, or
4735.021, or 4735.22 of
the Revised Code is guilty of a
misdemeanor of the first degree.
(B) Whoever violates section 4735.25 or 4735.30 of the
Revised Code is guilty
of a felony of the fifth degree, and the
court may impose
upon the offender an additional fine of not more
than two thousand five
hundred dollars.
Sec. 4740.03. (A) The administrative section of the Ohio
construction industry licensing board annually shall elect from
among its members a chairperson and other officers as
the board,
by rule, designates. The chairperson shall preside over
meetings
of
the administrative section or designate another member to
preside
in the chairperson's absence. The administrative section
shall hold at least
two regular meetings each year, but may meet
at additional times
as specified by rule, at the call of the
chairperson,
or upon the request of two or more members. A
majority of the members
of the administrative section
constitutes
a quorum for the transaction of all business. The
administrative
section may not take any action without the
concurrence of at
least three of its members.
(B)(1) The administrative section shall employ a
secretary,
who is not a member of the board, to serve at the
pleasure of the
administrative section, and shall fix the
compensation of
the
secretary. The secretary shall be in the unclassified civil
service of
the state.
(2) The secretary shall do all of the following:
(a) Keep or set standards for and delegate to another person
the keeping
of the minutes, books, and other records and files
of
the board and each section of the board;
(b) Issue all licenses in the name
of the board;
(c) Send out all notices, including advance notices of
meetings of
the board and each section of the board, and attend to
all
correspondence
of the board and each section of the board,
under the direction of the
administrative section;
(d) Receive and deposit all fees payable pursuant to this
chapter into the industrial compliance labor operating fund
created
pursuant to section 121.084 of the Revised Code;
(e) Perform all other duties incidental to the office of
the
secretary or
properly assigned to the secretary by the
administrative
section of the
board.
(3) Before entering upon the discharge of the duties of
the
secretary, the
secretary shall file with the treasurer of state a
bond in the
sum of five thousand dollars, payable to the state, to
ensure the
faithful performance of the secretary's duties.
The
board shall pay the
premium of the bond in the same manner as it
pays other
expenditures of the board.
(C) Upon the request of the administrative section of the
board, the director of commerce shall supply the
board and its
sections with personnel, office space, and
supplies, as the
director determines
appropriate. The administrative section of
the
board shall employ any
additional staff it considers necessary
and
appropriate.
(D) The chairperson of the board or the secretary, or
both,
as authorized by the board, shall approve all vouchers of
the
board.
Sec. 4740.11. The Ohio construction industry licensing board
and its sections
shall deposit all receipts and fines collected
under this chapter into the state
treasury to the credit of the
industrial compliance labor operating fund
created in
section
121.084 of the Revised Code.
Sec. 4740.14. (A) There is hereby created within the
department
of commerce the residential construction advisory
committee consisting of
nine persons the director of
commerce
appoints.
Of the advisory committee's
members, three shall be
general
contractors who have recognized ability and experience
in
the
construction of residential buildings, two shall be building
officials
who have experience administering and enforcing a
residential building code, one, chosen from a list of three names
the Ohio fire chief's association submits, shall be from the fire
service
certified as a fire safety inspector who has at least ten
years of
experience
enforcing fire or building codes, one shall be
a
residential
contractor who has recognized
ability and experience
in the
remodeling
and construction of residential buildings, one
shall be an architect
registered pursuant to Chapter 4703. of the
Revised Code, with recognized ability and experience in the
architecture of residential buildings, and one, chosen from a list
of three names the Ohio municipal league submits to the director,
shall be a mayor of a municipal corporation in which the Ohio
residential building code is being enforced in the municipal
corporation by a certified building department.
(B) The director shall make appointments to the advisory
committee within ninety days after
May 27, 2005. Terms
of office
shall be
for three
years, with each term
ending on the date three
years after the
date
of appointment.
Each
member shall hold office
from the date
of appointment
until
the
end of the term for which
the member was
appointed. The
director
shall fill a vacancy in the
manner
provided for initial
appointments. Any
member appointed to
fill a
vacancy in an
unexpired term shall hold office for the
remainder of
that term.
(C) The advisory committee shall do all of the following:
(1) Recommend to the board of building
standards a
building
code
for residential buildings. The committee shall recommend a
code
that it models on a residential building code a
national
model code organization issues, with adaptations necessary to
implement the code in this state. If the board of
building
standards decides not to adopt a code the
committee recommends,
the committee shall revise the code and resubmit
it until the
board adopts a code the
committee recommends as the state
residential building code;
(2) Advise the board regarding the establishment of
standards
for
certification of building officials who enforce the state
residential
building code;
(3) Assist the board in providing information and guidance
to
residential
contractors and building
officials who
enforce the
state residential
building code;
(4)
Advise the board regarding the interpretation of the
state residential building code;
(5) Provide other assistance the committee considers
necessary.
(D) In making its recommendation to the board pursuant to
division (C)(1) of this section, the advisory committee shall
consider all of the following:
(1) The impact that the
state residential building code may
have upon
the health,
safety, and welfare of the public;
(2) The economic reasonableness of the
residential
building
code;
(3) The technical feasibility of the
residential
building
code;
(4) The financial impact that the
residential
building
code
may
have on the
public's ability to purchase
affordable
housing.
(E) Members of the advisory
committee shall receive no
salary
for
the performance of their duties as members, but shall
receive
their actual and
necessary expenses incurred in the
performance of
their duties as members of
the advisory committee and shall
receive a per diem for each day in attendance at an official
meeting of the committee, to be paid from the industrial
compliance labor operating fund in the state treasury, using fees
collected in connection with residential buildings pursuant to
division (F)(2) of section 3781.102 of the Revised Code and
deposited in that fund.
(F) The advisory committee is not subject to divisions
(A)
and (B) of section 101.84 of the Revised Code.
Sec. 4755.06. The occupational therapy section of the Ohio
occupational therapy, physical therapy, and athletic trainers
board may make reasonable rules in accordance with Chapter 119.
of
the Revised Code relating to, but not limited to, the following:
(A) The form and manner for filing applications for
licensure
under sections 4755.04 to 4755.13 of the Revised Code;
(B) The issuance, suspension, and revocation of
the
licenses and the conducting of investigations and hearings;
(C) Standards for approval of courses of study relative to
the practice of
occupational therapy;
(D) The time and form of examination for the licensure;
(E) Standards of ethical conduct in the practice of
occupational therapy;
(F) The form and manner for filing applications for renewal
and a schedule of deadlines for
renewal;
(G) Late fees and the The conditions under which a license of
a
licensee who files a late application for renewal will be
reinstated;
(H) Placing an existing license in escrow;
(I) The amount, scope, and nature of continuing education
activities required for license renewal, including waivers and the
establishment of appropriate fees to be charged for the
administrative costs associated with the review of the continuing
education activities requirements;
(J) Limited permit guidelines Guidelines for limited permits;
(K) Requirements for criminal records checks of applicants
under section 4776.03 of the Revised Code;
(L) The amounts to be charged for the fees specified in
section 4755.12 of the Revised Code;
(M) The establishment of fees under division (A)(10) of
section 4755.12 of the Revised Code and the amounts to be charged
for the fees.
The section may hear testimony in matters relating to the
duties imposed upon it, and the chairperson and
secretary of the
section may administer oaths. The section may require proof,
beyond the evidence found in the application, of the honesty,
truthfulness, and good reputation of any person named in an
application for such licensure, before admitting the applicant to
an examination or issuing a license.
Sec. 4755.12. (A) The occupational therapy section of the
Ohio
occupational therapy, physical therapy, and athletic trainers
board shall charge a all of the following fees:
(1) A nonrefundable examination fee, established
pursuant to
section 4755.03 of the Revised Code, which is to be
paid at the
time of application for licensure.
The section shall charge an;
(2) An application fee for an initial license;
(3) An initial licensure fee,
established pursuant to section
4755.03 of the Revised Code.
The section shall charge a;
(4) A fee for biennial renewal fee and shall
charge a of a
license;
(6) A fee for late renewal of a license;
(7) An appropriate fee for the administrative costs
associated with the review of continuing education activities;
(8) A fee for a limited permit, established pursuant to;
(9) A fee for verification of a license;
(10) Any other fee the occupational therapy section considers
appropriate and establishes in rules adopted under
section 4755.03
4755.06 of the Revised Code.
(B) Any person who is qualified to practice occupational
therapy as certified by the section, but who is not in the active
practice, as defined by section rule, may register with the
section as a nonactive licensee at a biennial fee, established
pursuant to section 4755.03 of the Revised Code.
(C) The section may, by rule, provide for the waiver of all
or
part of a fee when the license is issued less than one hundred
days before the date on which it will expire.
(D) Except when all of part of a fee is waived under division
(C) of this section, the amount charged by the occupational
therapy section for each of its fees shall be the applicable
amount determined in rules adopted under section 4755.06 of the
Revised Code.
Sec. 4757.10. The counselor, social worker,
and
marriage
and
family therapist board may
adopt any rules necessary to carry
out
this chapter.
The board shall adopt
rules
that do all of the
following:
(A) Concern
intervention for and treatment of any impaired
person holding
a
license or certificate of registration issued
under this chapter;
(B) Establish standards for training and experience of
supervisors described in division (C) of section 4757.30 of the
Revised Code;
(C) Define the requirement that an applicant be of good
moral
character in order to be licensed or registered under this
chapter;
(D) Establish requirements for criminal records checks of
applicants under section 4776.03 of the Revised Code;
(E) Establish a graduated system of fines based on the scope
and severity of violations and the history of compliance, not to
exceed five hundred dollars per incident, that any professional
standards committee of the board may charge for a disciplinary
violation described in section 4757.36 of the Revised Code.
All rules
adopted under this section shall be adopted in
accordance with Chapter 119. of
the Revised Code. When it adopts
rules under this section or any other
section of this chapter, the
board may consider
standards established by any national
association or other organization
representing the interests of
those involved in professional counseling,
social work,
or
marriage and family therapy.
Sec. 4757.31. (A) Subject to division
(B) of this section,
the counselor, social worker,
and marriage and family
therapist
board
shall establish, and may from time to time adjust,
fees to
be
charged for the following:
(1) Examination for licensure as a professional clinical
counselor, professional counselor,
marriage and family therapist,
independent marriage and family therapist, social worker, or
independent social
worker;
(2) Initial licenses of professional clinical counselors,
professional
counselors,
marriage and family therapists,
independent marriage and family
therapists, social workers, and
independent social workers, except
that the board shall
charge
only one fee to a person who fulfills all requirements for
more
than one of the following initial licenses: an
initial
license as
a social worker or independent social
worker, an
initial license
as a professional counselor or
professional
clinical counselor,
and an initial license as a
marriage and
family therapist or
independent marriage and family
therapist;
(3) Initial certificates of registration of social work
assistants;
(4) Renewal and late renewal of licenses of professional
clinical counselors,
professional counselors,
marriage and family
therapists,
independent
marriage and family therapists, social
workers, and
independent
social
workers and renewal and late
renewal of certificates of
registration of
social work assistants;
(5) Verification, to another jurisdiction, of a license or
registration issued by the board;
(6) Continuing education programs offered by the board to
licensees or registrants.
(B) The fees charged under division (A)(1) of
this section
shall be established in amounts sufficient to cover the direct
expenses incurred in examining applicants for licensure. The fees
charged
under divisions (A)(2), (3), and
(4) to (A)(6) of this
section shall
be nonrefundable and shall be established in
amounts
sufficient to
cover the necessary expenses in
administering this
chapter and
rules adopted under it that are
not covered by fees
charged under
division (A)(1) or
(C) of this section. The renewal
fee for a
license or certificate
of registration shall not be less
than the
initial fee for that license or
certificate. The fees
charged for
licensure and registration and
the renewal of
licensure and
registration may differ for the various types of
licensure and
registration, but shall not exceed
one hundred
twenty-five dollars each,
unless
the board determines that amounts
in excess of
one hundred twenty-five
dollars are
needed to cover
its necessary expenses in
administering this
chapter and rules
adopted under it and the
amounts in excess of
one hundred
twenty-five dollars are approved by the
controlling board.
(C) All receipts of the board shall be deposited in the
state
treasury to the credit of the occupational licensing and
regulatory fund. All vouchers of the board shall be
approved by
the chairperson or executive director of the board, or both, as
authorized by
the board.
Sec. 4757.36. (A) The appropriate professional standards
committees committee of
the counselor, social worker,
and marriage
and family
therapist board may,
in accordance with Chapter 119. of
the Revised
Code, may refuse to
issue a license or certificate of
registration
applied for under this
chapter; refuse
to renew a
license or
certificate of registration issued under this chapter;
suspend,
revoke, or otherwise restrict a license or certificate of
registration issued under this chapter; or reprimand a person
holding a
license or certificate of registration issued under this
chapter. Such
actions may be taken by the appropriate committee
if
the applicant for a
license or certificate of registration or
the
person holding a license or
certificate of registration has take
any action specified in division (B) of this section against an
individual who has applied for or holds a license to practice as a
professional clinical counselor, professional counselor,
independent marriage and family therapist, marriage and family
therapist, social worker, or independent social worker, or a
certificate of registration to practice as a social work
assistant, for any reason described in division (C) of this
section.
(B) In its imposition of sanctions against an individual, the
board may do any of the following:
(1) Refuse to issue a license or certificate of registration;
(2) Suspend, revoke, or otherwise restrict a license or
certificate of registration;
(3) Reprimand an individual holding a license or certificate
of registration;
(4) Impose a fine in accordance with the graduated system of
fines established by the board in rules adopted under section
4757.10 of the Revised Code.
(C) The appropriate professional standards committee of the
board may take an action specified in division (B) of this section
for any of the following reasons:
(1) Committed a violation of Commission of an act that
violates any provision of this chapter
or rules adopted under it;
(2) Knowingly made making a false statement on an application
for
licensure or registration, or for renewal of a license or
certificate of registration;
(3) Accepted Accepting a commission or rebate for referring
persons
to
any professionals licensed, certified, or registered by
any
court
or board, commission, department, division, or other
agency
of the
state, including, but not limited to, individuals
practicing
counseling, social work,
or marriage and family therapy
or
practicing in
fields related to counseling, social work,
or
marriage and family therapy;
(4) Failed A failure to comply with section 4757.12 of the
Revised
Code;
(5) Been convicted A conviction in this or any other state
of any a crime
that is a felony in this state;
(6) Had the ability
A failure to perform properly as a
professional
clinical counselor, professional counselor,
independent
marriage
and family therapist, marriage and family
therapist, social work
assistant, social worker, or independent
social worker impaired
due to the
use of alcohol or other drugs or
any other physical or
mental condition;
(7) Been convicted A conviction in this state or in any other
state of
a
misdemeanor committed in the course of practice as a
professional
clinical counselor, professional counselor,
independent marriage
and family therapist, marriage and family
therapist, social work
assistant, social
worker, or independent
social worker;
(8) Practiced Practicing outside the scope of practice
applicable to
that person;
(9) Practiced without complying with Practicing in violation
of the supervision
requirements
specified under sections 4757.21
and 4757.26,
and
division
(F) of section
4757.30, of the Revised
Code;
(10) Violated A violation of the person's code of ethical
practice adopted
by
rule of the board pursuant to section 4757.11
of the
Revised
Code;
(11) Had Revocation or suspension of a license or certificate
of registration revoked
or
suspended, or voluntarily surrendered
the voluntary surrender of a license or
certificate of
registration in another state or jurisdiction for
an offense that
would be a violation of this chapter.
(B)(D) One year or more after the date of suspension or
revocation of a license or certificate of registration under this
section, application may be made to the appropriate
professional
standards committee for reinstatement. The committee may accept
or
refuse an application for
reinstatement. If a license has been
suspended or revoked, the committee may
require an examination for
reinstatement.
(E) On request of the board, the attorney general shall bring
and prosecute to judgment a civil action to collect any fine
imposed under division (B)(4) of this section that remains unpaid.
(F) All fines collected under division (B)(4) of this section
shall be deposited into the state treasury to the credit of the
occupational licensing and regulatory fund.
Sec. 4763.01. As used in this chapter:
(A) "Real estate appraisal" or "appraisal" means an
analysis,
opinion, or conclusion relating to the nature, quality,
value, or
utility of specified interests in, or aspects of
identified real
estate that is classified as either a valuation
or an analysis.
(B) "Valuation" means an estimate of the value of real
estate.
(C) "Analysis" means a study of real estate for purposes
other than valuation.
(D) "Appraisal report" means a written communication of a
real estate appraisal, appraisal review, or appraisal consulting
service or an oral communication of a real estate
appraisal
accompanied, appraisal review, or appraisal consulting service
that is documented by a writing that supports the oral
communication.
(E) "Appraisal assignment" means an engagement for which a
person licensed or certified under this chapter is employed or,
retained, or engaged to act, or would be perceived by third
parties or the
public as acting, as a disinterested third party in
rendering an
unbiased real estate appraisal.
(F) "Specialized services" means all appraisal services,
other than appraisal assignments, including, but not limited to,
valuation and analysis given in connection with activities such
as
real estate brokerage, mortgage banking, real estate
counseling,
and real estate tax counseling, and specialized
marketing,
financing, and feasibility studies.
(G) "Real estate" has the same meaning as in section
4735.01
of the Revised Code.
(H) "Appraisal foundation" means a nonprofit corporation
incorporated under the laws of the state of Illinois on November
30, 1987, for the purposes of establishing and improving uniform
appraisal standards by defining, issuing, and promoting those
standards; establishing appropriate criteria for the
certification
and recertification of qualified appraisers by
defining, issuing,
and promoting the qualification criteria and
disseminating the
qualification criteria to others; and
developing or assisting in
development of appropriate
examinations for qualified appraisers.
(I) "Prepare" means to develop and communicate, whether
through a personal physical inspection or through the act or
process of critically studying a report prepared by another who
made the physical inspection, an appraisal, analysis, or opinion,
or specialized service and to report the results. If the person
who develops and communicates the appraisal or specialized
service
does not make the personal inspection, the name of the
person who
does make the personal inspection shall be identified
on the
appraisal or specialized service reported.
(J) "Report" means any communication, written, oral, or by
any other means of transmission of information, of a real estate
appraisal, appraisal review, appraisal consulting service, or
specialized service that is transmitted to a client
or employer
upon completion of the appraisal or service.
(K) "State-certified general real estate appraiser" means
any
person who satisfies the certification requirements of this
chapter relating to the appraisal of all types of real property
and who holds a current and valid certificate or renewal
certificate issued to the person pursuant to this chapter.
(L) "State-certified residential real estate appraiser" means
any
person who satisfies the certification requirements only
relating to the
appraisal of one to four units of single-family
residential real estate
without regard to transaction value or
complexity and who holds a current and
valid certificate or
renewal certificate issued to the person pursuant to this
chapter.
(M) "State-licensed residential real estate appraiser"
means
any person who satisfies the licensure requirements of this
chapter relating to the appraisal of noncomplex one-to-four unit
single-family residential real estate having a transaction value
of less than one million dollars and complex one-to-four unit
single-family residential real estate having a transaction value
of less than two hundred fifty thousand dollars and who holds a
current and valid license or renewal license issued to the
person
pursuant to this chapter.
(N) "Certified or licensed real estate appraisal" means an
appraisal prepared and reported by a certificate holder or
licensee under this chapter acting within the scope of
certification or licensure and as a
disinterested third party.
(O) "State-registered real estate appraiser assistant"
means
any person, other than a state-certified general real estate
appraiser,
state-certified residential real estate appraiser, or a
state-licensed
residential real estate appraiser, who satisfies
the registration requirements
of this chapter for participating in
the development and preparation of real
estate appraisals and who
holds a current and valid registration or renewal
registration
issued to the person pursuant to this chapter.
(P) "Institution of higher education" means a state
university or college, a private college or university located in
this state that possesses a certificate of authorization issued
by
the Ohio board of regents pursuant to Chapter 1713. of the
Revised
Code, or an accredited college or university located
outside this
state that is accredited by an accrediting
organization or
professional accrediting association recognized
by the Ohio board
of regents.
(Q) "Division of real
estate" may be used interchangeably
with, and for all purposes
has the same meaning as, "division of
real estate and
professional licensing."
(R) "Superintendent"
or "superintendent of real estate" means
the superintendent of
the division of real estate and professional
licensing of this
state. Whenever the division or superintendent
of real estate
is referred to or designated in any statute, rule,
contract, or
other document, the reference or designation shall be
deemed to
refer to the division or superintendent of real estate
and
professional licensing, as the case may be.
(S) "Appraisal review" means the act or process of developing
and communicating an opinion about the quality of another
appraiser's work that was performed as part of an appraisal,
appraisal review, or appraisal consulting assignment.
(T) "Appraisal consulting" means the act or process of
developing an analysis, recommendation, or opinion to solve a
problem related to real estate.
(U) "Work file" means documentation used during the
preparation of an appraisal report or necessary to support an
appraiser's analyses, opinions, or conclusions.
Sec. 4763.03. (A) In addition to any other duties imposed
on
the real estate appraiser board under this chapter, the board
shall:
(1) Adopt rules, in accordance with Chapter 119. of the
Revised Code, in furtherance of this chapter, including, but not
limited to, all of the following:
(a) Defining, with respect to state-certified
general real
estate appraisers, state-certified residential real
estate
appraisers, and state-licensed residential
real estate appraisers,
the type of educational experience,
appraisal experience, and
other equivalent experience that
satisfy the requirements of this
chapter. The rules shall
require that all appraisal experience
performed after January 1,
1996,
meet the uniform standards of
professional practice established by the
appraisal foundation.
(b) Establishing the examination specifications for
state-certified general real estate appraisers, state-certified
residential real estate appraisers, and state-licensed
residential
real estate appraisers;
(c) Relating to disciplinary proceedings conducted
in
accordance with section 4763.11 of the Revised Code, including
rules governing the reinstatement of certificates,
registrations,
and licenses
that have been suspended pursuant to those
proceedings;
(d) Identifying any additional information to be
included on
the forms specified in division (C) of section
4763.12 of the
Revised Code, provided that the rules shall not
require any less
information than is required in that division;
(e) Establishing the fees set forth in section
4763.09 of
the
Revised Code;
(f) Establishing the amount of the assessment
required by
division (A)(2) of section 4763.05 of the Revised
Code. The board
annually shall determine the amount due from
each applicant for an
initial certificate, registration, and
license in an
amount that
will maintain the real estate appraiser recovery fund
at the level
specified in division (A) of section 4763.16 of the
Revised Code.
The board may, if the fund falls below that
amount, require
current certificate holders, registrants, and
licensees to pay
an
additional assessment.
(g) Defining the educational requirements pursuant to
division (C) of section 4763.05 of the Revised Code;
(h) Establishing a real estate appraiser assistant program
for
the registration of real estate appraiser assistants.
(2) Prescribe by rule the requirements for the examinations
required by division (D) of
section
4763.05 of the Revised Code;
(3) Periodically review the standards for preparation and
reporting of real estate appraisals the development and reporting
of appraisal reports provided in this chapter and
adopt rules
explaining and interpreting those standards;
(4) Hear appeals, pursuant to Chapter 119. of the Revised
Code, from decisions and orders the superintendent of real estate
issues pursuant to this chapter;
(5) Request the initiation by the superintendent of
investigations of violations of this chapter or the rules adopted
pursuant thereto, as the board determines appropriate;
(6) Determine the appropriate disciplinary actions to be
taken against certificate holders, registrants, and licensees
under this
chapter as provided in section 4763.11 of the Revised
Code.
(B) In addition to any other duties imposed on the
superintendent of real estate under this chapter, the
superintendent shall:
(1) Prescribe the form and content of all applications
required by this chapter;
(2) Receive applications for certifications, registrations,
and
licenses
and renewal thereof under this chapter and establish
the
procedures for processing, approving, and disapproving those
applications;
(3) Retain records and all application materials submitted
to
the superintendent;
(4) Establish the time and place for conducting the
examinations required by division (D) of section 4763.05 of the
Revised Code;
(5) Issue certificates, registrations, and licenses and
maintain a
register of the names and addresses of all persons
issued a
certificate, registration, or license under this chapter;
(6) Perform any other functions and duties, including the
employment of staff, necessary to administer this chapter;
(7) Administer this chapter;
(8) Issue all orders necessary to implement this chapter;
(9) Investigate complaints, upon the superintendent's own
motion
or upon
receipt of a complaint or upon a request of the
board, concerning
any violation of this chapter or the rules
adopted pursuant
thereto or the conduct of any person holding a
certificate,
registration, or
license issued pursuant to this
chapter;
(10) Establish and maintain an investigation and audit
section to investigate complaints and conduct inspections,
audits,
and other inquiries as in the judgment of the
superintendent are
appropriate to enforce this chapter. The
investigators and
auditors have the right to review and audit the
business records
of certificate holders, registrants, and
licensees during
normal
business hours. The superintendent may utilize the
investigators
and auditors employed pursuant to division (B)(4)
of section
4735.05 of the Revised Code or currently licensed certificate
holders or licensees to assist in performing the duties of
this
division.
(11) Appoint a referee or examiner for any proceeding
involving the revocation or suspension of a certificate,
registration, or
license under section 3123.47 or disciplinary
action of a certificate holder, licensee, or registrant under
section 4763.11 of the
Revised Code;
(12) Administer the real estate appraiser recovery fund;
(13) Conduct the examinations required by division (D) of
section 4763.05 of the Revised Code at least four times per year.
(C) The superintendent may do all of the following:
(1) In connection with investigations and audits under
division (B) of this section, subpoena witnesses as provided in
section 4763.04 of the Revised Code;
(2) Apply to the appropriate court to enjoin any violation
of
this chapter. Upon a showing by the superintendent that any
person
has violated or is about to violate this chapter, the
court
shall
grant an injunction, restraining order, or other
appropriate
relief, or any combination thereof.
(D) All information that is obtained by investigators and
auditors performing investigations or conducting inspections,
audits, and
other inquiries pursuant to division (B)(10) of this
section, from
certificate holders, registrants, licensees,
complainants, or other persons,
and all reports, documents, and
other work products that arise from that
information and that are
prepared by the investigators, auditors, or other
personnel of the
department of commerce, shall be held in confidence by the
superintendent, the investigators and auditors, and other
personnel of the
department.
(E) This section does not prevent the division of real estate
and professional licensing from releasing information relating to
certificate holders, registrants, and licensees to the
superintendent of financial institutions for purposes relating to
the administration of sections 1322.01 to 1322.12 of the Revised
Code, to the superintendent of insurance for purposes relating to
the administration of Chapter 3953. of the Revised Code, to the
attorney general, or to local law enforcement agencies and local
prosecutors. Information released by the division pursuant to this
section remains confidential.
(F) Any rule the board adopts shall not exceed the
requirements specified in federal law or regulations.
Sec. 4763.04. The real estate appraiser board or the
superintendent or of real estate may compel, by order or subpoena,
the attendance of witnesses to testify in relation to any matter
over which the board or the superintendent has jurisdiction and
which is the subject of the inquiry and investigation by the
board
or superintendent, and require the production of any book,
paper,
or document pertaining to such matter. For such purpose,
the board
or the superintendent has the same power as judges of
county
courts to administer oaths, compel the attendance of
witnesses,
and punish witnesses for refusal to testify. Sheriffs
and service
of the subpoena may be made by
constables or by certified mail,
return receipt requested, and the subpoena shall be deemed served
on the date delivery is made or the date the person refuses to
accept delivery. Sheriffs or constables shall serve and return
such process and shall
receive
the same fees for doing so as are
allowed for like
service if service of the subpoena is made by
sheriffs or constables.
Witnesses shall receive, after their
appearance before
the board
or the superintendent, the fees and
mileage provided for under
section
119.094 of the
Revised Code.
If two or more
witnesses
travel
together in the same
vehicle,
the mileage fee
shall be
paid to
only one of those
witnesses,
but the witnesses
may agree
to
divide the fee among
themselves
in any manner.
In addition to the powers and duties granted to the board
and
the superintendent under this section, in case any person
fails to
file any statement or report, obey any subpoena, give
testimony,
answer questions, or produce books, records, or papers
as required
by the board or the superintendent under this
chapter, the court
of common pleas of any county in the state,
upon application made
to it by the board or the superintendent
setting forth the
failure, may make an order awarding process of
subpoena or
subpoena duces tecum for the person to appear and
testify before
the board or the superintendent, and may order any
person to give
testimony and answer questions, and to produce
books, records, or
papers, as required by the board or the
superintendent. Upon the
filing of such order in the office of
the clerk of the court of
common pleas, the clerk, under the seal
of the court, shall issue
process or subpoena, and each day
thereafter until the examination
of the person is completed. The
subpoena may contain a direction
that the witness bring with the
witness to the examination any
books, records, or papers mentioned in the
subpoena. The clerk
also shall issue, under the seal of the
court, such other orders,
in reference to the examination,
appearance, and production of
books, records, or papers, as the
court directs. If any person
summoned by subpoena fails to obey
the subpoena, to give
testimony, to answer questions as required,
or to obey an order of
the court, the court, on motion supported
by proof, may order an
attachment for contempt to be issued
against the person charged
with disobedience of any order or
injunction issued by the court
under this chapter. If the person
is brought before the court by
virtue of the attachment, and if
upon a hearing the disobedience
appears, the court may order the
offender to be committed and kept
in close custody.
Sec. 4763.05. (A)(1)(a) A person shall make application for
an
initial state-certified general real estate appraiser
certificate,
an initial state-certified residential
real estate
appraiser
certificate, an initial state-licensed
residential real
estate
appraiser license, or an initial state-registered real
estate
appraiser assistant registration in writing to the
superintendent
of real
estate
on a form the superintendent
prescribes. The
application shall
include the address of the
applicant's principal
place of
business and all other addresses at
which the applicant
currently engages in
the business of preparing
real estate
appraisals and the address
of the applicant's current
residence.
The superintendent shall
retain the applicant's current
residence
address in a separate
record which shall not constitute
a public
record for purposes of
section 149.03 of the Revised
Code. The
application shall
indicate whether the applicant seeks
certification as a general
real estate appraiser or as a
residential real estate appraiser,
licensure as a residential real
estate
appraiser, or registration as a real estate appraiser
assistant
and be accompanied by the prescribed examination and
certification, registration, or licensure fees set forth in
section 4763.09 of
the Revised Code. The application also shall
include a fingerprint of the applicant; a pledge,
signed by the
applicant, that the applicant will
comply with the
standards
set
forth in this chapter; and a
statement that the applicant
understands the
types of misconduct
for which disciplinary
proceedings may be
initiated against the
applicant pursuant to
this chapter.
(b) Upon the filing of an application and payment of any
examination and certification, registration, or licensure fees,
the superintendent of real estate shall request the superintendent
of the bureau of criminal identification and investigation, or a
vendor approved by the bureau, to conduct a criminal records check
based on the applicant's fingerprints in accordance with division
(A)(11) of section 109.572 of the Revised Code. Notwithstanding
division (K) of section 121.08 of the Revised Code, the
superintendent of real estate shall request that criminal record
information from the federal bureau of investigation be obtained
as part of the criminal records check. Any fee required under
division (C)(3) of section 109.572 of the Revised Code shall be
paid by the applicant.
(2) For purposes of providing funding for the real estate
appraiser recovery fund established by section 4763.16 of the
Revised Code, the real estate appraiser board shall levy an
assessment against each person issued an initial certificate,
registration, or
license and against current licensees,
registrants, and
certificate holders, as
required by board rule.
The assessment is in addition to the
application and examination
fees for initial applicants required
by division (A)(1) of this
section and the renewal fees required
for current certificate
holders, registrants, and licensees.
The
superintendent of real
estate shall
deposit the assessment into the state
treasury to the
credit of
the real estate appraiser recovery
fund. The assessment
for
initial certificate holders,
registrants, and
licensees shall
be
paid prior to the issuance of a certificate,
registration, or
license, and for current certificate holders,
registrants, and
licensees, at
the time of renewal.
(B) An applicant for an initial general real estate
appraiser
certificate, residential real estate appraiser certificate, or
residential real estate appraiser license shall possess
experience in real
estate appraisal as the board prescribes by
rule. In
addition to any other information required by the board,
the
applicant shall furnish, under oath, a detailed listing of the
appraisal reports or file memoranda for each year for which
experience is claimed and, upon request of the superintendent or
the board, shall make available for examination a sample of the
appraisal reports prepared by the applicant in the course of
the
applicant's practice.
(C) An applicant for an initial certificate, registration,
or
license shall
be at least eighteen years of age, honest, truthful,
and of good
reputation and shall present satisfactory evidence to
the
superintendent that the applicant has
successfully
completed
any education requirements the board prescribes by rule.
(D) An applicant for an initial general real estate
appraiser
or
residential real estate appraiser certificate or
residential
real
estate appraiser license
shall take and
successfully complete
a written examination in
order to qualify
for the certificate or
license.
The board shall prescribe the examination requirements by
rule.
(E)(1) A nonresident, natural person of this state who
has
complied with this section may obtain a certificate,
registration,
or
license. The board shall adopt rules relating to the
certification, registration, and licensure of a nonresident
applicant whose
state of residence the board determines to have
certification,
registration, or
licensure requirements that are
substantially similar to those
set forth in this chapter and the
rules adopted thereunder.
(2) The board shall recognize on a temporary basis a
certification or license issued in another state and shall
register on a temporary basis an appraiser who is certified or
licensed in another state if all of the following apply:
(a) The temporary registration is to perform an appraisal
assignment that is part of a federally related transaction.
(b) The appraiser's business in this state is of a temporary
nature.
(c) The appraiser registers with the board pursuant to this
division.
An appraiser who is certified or licensed in another state
shall register with the board for temporary practice before
performing an appraisal assignment in this state in connection
with a federally related transaction.
The board shall adopt rules relating to registration for the
temporary
recognition of certification and licensure of appraisers
from another state. The registration for temporary recognition of
certified or licensed appraisers from another state shall not
authorize completion of more than one appraisal assignment in this
state. The board shall not issue more
than two registrations for
temporary practice to any one applicant in any calendar
year.
(3) In addition to any other information required to be
submitted with the nonresident applicant's or appraiser's
application for a certificate, registration,
license, or
temporary
recognition of a
certificate or license, each nonresident
applicant or
appraiser
shall submit a statement consenting to the
service of
process upon
the nonresident applicant or appraiser by
means
of delivering that
process to the
secretary of state if, in
an action against the
applicant,
certificate holder, registrant,
or licensee arising
from the
applicant's,
certificate holder's,
registrant's, or
licensee's activities as a
certificate
holder,
registrant, or
licensee, the plaintiff, in the exercise
of due
diligence, cannot
effect personal service upon the applicant,
certificate holder,
registrant, or licensee.
(F) The superintendent shall not issue a certificate,
registration,
or license to, or recognize on a temporary basis an
appraiser from another state that is a
corporation,
partnership,
or association. This prohibition shall
not be
construed to prevent
a certificate holder or licensee from
signing an appraisal report
on behalf of a corporation,
partnership, or association.
(G) Every person licensed, registered, or certified under
this
chapter
shall notify the superintendent, on a form provided
by the
superintendent, of a change in the address of the
licensee's,
registrant's, or certificate holder's principal place
of business or
residence within thirty days of the change. If a
licensee's, registrant's, or
certificate holder's
license,
registration, or certificate is
revoked or not renewed, the
licensee, registrant, or
certificate holder
immediately shall
return the annual and any renewal
certificate,
registration, or
license to the superintendent.
(H)(1) The superintendent shall not issue a certificate,
registration,
or license to any
person, or recognize on a
temporary basis an appraiser from another state, who
does not meet
applicable minimum criteria for state
certification,
registration,
or licensure prescribed by federal
law or rule.
(2) The superintendent shall not issue a general real estate
appraiser certificate, residential real estate appraiser
certificate, residential real estate appraiser license, or real
estate appraiser assistant registration to any person who has been
convicted of or pleaded guilty to any criminal offense involving
theft, receiving stolen property, embezzlement, forgery, fraud,
passing bad checks, money laundering, or drug trafficking, or any
criminal offense involving money or securities, including a
violation of an existing or former law of this state, any other
state, or the United States that substantially is equivalent to
such an offense. However, if the applicant has pleaded guilty to
or been convicted of such an offense, the superintendent shall not
consider the offense if the applicant has proven to the
superintendent, by a preponderance of the evidence, that the
applicant's activities and employment record since the conviction
show that the applicant is honest, truthful, and of good
reputation, and there is no basis in fact for believing that the
applicant will commit such an offense again.
Sec. 4763.07. (A) Every state-certified general
real
estate
appraiser, state-certified residential real estate
appraiser, and
state-licensed residential real estate
appraiser, and
state-registered real estate appraiser assistant
shall
submit
proof of successfully completing a
minimum of fourteen classroom
hours of continuing
education
instruction in courses or seminars
approved by the real estate
appraiser board. The certificate
holder and licensee shall have
satisfied the fourteen-hour
continuing education
requirements
within the one-year period
immediately following the
issuance of
the initial certificate or
license and shall satisfy
those requirements annually thereafter.
A state-registered real estate appraiser assistant who remains in
this classification for more than two years shall satisfy in the
third and successive years this section's requirements. If the
certificate holder or, licensee, or registrant fails to submit
proof to the
superintendent of meeting these requirements, the
certificate
holder's, registrant's, or licensee's certificate or,
license, or registration automatically is suspended. The
superintendent shall
notify the certificate holder or, licensee,
or registrant of the suspension and
if the certificate holder or,
licensee, or registrant fails to submit proof to
the
superintendent of meeting those requirements within three
months
from the date of suspension, the superintendent shall
revoke the
certificate or, license, or registration. If a certificate holder
or,
licensee, or registrant whose certificate or, license, or
registration has been revoked under this
division desires to be
certified or, licensed, or registered under this chapter
the
certificate holder or, licensee, or registrant shall apply for an
initial
certificate or, license, or registration and shall
meet
all of the requirements of section 4763.05 of the Revised
Code for
the issuance of a certificate or, license, or registration.
A certificate
holder and, licensee, or registrant may satisfy
all or a portion of the required
hours of classroom instruction in
the following manner:
(1) Completion of an educational program of study
determined
by the board to be equivalent, for continuing
education purposes,
to courses or seminars approved by the board;
(2) Participation, other than as a student, in educational
processes or programs approved by the board that relate to real
estate appraisal theory, practices, or techniques.
A certificate holder and a licensee shall present to the
superintendent of real estate evidence of the manner in which the
certificate holder and licensee satisfied the requirements of
division (A)
of this section.
(B) The board shall adopt rules for implementing a
continuing
education program for state-certified
general real estate
appraisers, state-certified residential real estate
appraisers,
state-licensed residential real estate appraisers, and
state-registered real estate appraiser assistants for the
purpose
of assuring that certificate holders
and, licensees, and
registrants have current knowledge of real estate appraisal
theories, practices, and techniques that will provide a high
degree of service and protection to members of the public. In
addition to any other provisions the board considers appropriate,
the
rules adopted by the board shall prescribe the following:
(1) Policies and procedures for obtaining board approval
of
courses of instruction and seminars;
(2) Standards, policies, and procedures to be applied in
evaluating the alternative methods of complying with continuing
education requirements set forth in divisions (A)(1) and (2) of
this section;
(3) Standards, monitoring methods, and systems for
recording
attendance to be employed by course sponsors as a
prerequisite to
approval of courses for continuing education
credit.
(C) No amendment or rescission of a rule the board adopts
pursuant to division (B) of this section shall operate to deprive
a certificate holder or licensee of credit toward renewal of
certification or licensure for any course of instruction
completed
by the certificate holder or licensee prior to the
effective date
of the amendment or rescission that would have
qualified for
credit under the rule as it existed prior to
amendment or
rescission.
(D) The superintendent of real estate shall not issue a
renewal certificate, registration, or license to any person who
does not meet
applicable minimum criteria for state certification,
registration, or licensure
prescribed by federal law or rule.
Sec. 4763.09. (A) The real estate appraiser board shall
adopt
rules, in accordance with Chapter 119. of the Revised Code,
for
the establishment of the following fees:
(1) The examination fee required under division (A) of
section 4763.05 of the Revised Code, up to a maximum of one
hundred fifty dollars, which fee shall be nonrefundable;
(2) The initial state-certified general real estate
appraiser
and state-certified residential real estate appraiser
certification and state-licensed residential real estate appraiser
license fees, and the
annual renewal thereof, up to a maximum of
one hundred
twenty-five seventy-five dollars each;
(3) The initial real estate appraiser assistant
registration
fee, and the annual renewal thereof, up to a maximum of fifty one
hundred
dollars;
(4) The late filing fee for renewal of a certification,
registration, or
license, which shall be one-half of the
certification,
registration, and
licensure fees established
pursuant to
divisions (A)(2) and (3) of this
section;
(5) The amount to be charged to cover the cost of the
issuance of a temporary certificate or license under division
(E)(2) of section 4763.05 of the Revised Code;
(6) Other reasonable fees as needed, including any annual
pass-through charges imposed by the federal government.
(B) An applicant for certification or licensure under this
chapter shall pay the examination fee directly to a testing
service if so prescribed and in such amount as the superintendent
of real estate prescribes. The balance, if any, of the
examination
fee shall accompany the application.
Sec. 4763.11. (A) Within five ten business days after a
person files a signed written complaint against a person
certified, registered, or licensed under this chapter with the
division of
real estate, the superintendent of real estate shall
acknowledge
receipt of the complaint or request and send a by
sending notice to the
certificate holder, registrant, or licensee
describing the acts
of which there
is a that includes a copy of
the complaint. The acknowledgement to the complainant and the
notice to the certificate holder, registrant, or licensee shall
may
state that an
informal mediation meeting will be held with the
complainant, the
certificate holder, registrant, or licensee, and
an investigator
from the
investigation and audit section of the
division, if the
complainant and certificate holder, registrant,
or licensee both
file a
request for such a meeting within ten
business twenty calendar days thereafter on
a form the
superintendent provides after the acknowledgment and notice are
mailed.
(B) If the complainant and certificate holder, registrant, or
licensee
both file with the division requests for an informal
mediation meeting, the
superintendent shall notify the complainant
and certificate
holder, registrant, or licensee of the date of the
meeting,
which shall be
within twenty business days thereafter,
except that the
complainant, certificate holder, registrant, or
licensee may request an
extension of up to fifteen business days
for good cause shown by regular mail. If
the complainant and
certificate holder, registrant, or
licensee reach an
accommodation
at an informal mediation meeting, the investigator shall so
report
the accommodation to the superintendent and to, the complainant,
and the
certificate holder, registrant, or licensee and the
complaint
file shall be
closed, unless, based upon the
investigator's report, the
superintendent finds evidence that the
certificate holder,
registrant, or
licensee has violated division
(G) of this section upon the superintendent receiving satisfactory
notice that the accommodation has been fulfilled.
(C) If the complainant and certificate holder, registrant, or
licensee
fail to agree to an informal mediation meeting or fail to
reach an
accommodation, or if the superintendent finds evidence of
a
violation of division (G) of this section pursuant to an
investigation conducted pursuant to division (B)(9) of section
4763.03 of the Revised Code agreement, or fail to fulfill an
accommodation agreement, the superintendent shall, within five
business days
of such determination, notify the complainant and
certificate
holder, registrant, or licensee and investigate assign
the complaint to an investigator for an investigation into the
conduct of
the certificate
holder, registrant, or licensee against
whom the complaint is
filed.
(D) Within sixty business days after receipt of the
complaint, or, if an informal meeting is held, within sixty days
after such meeting Upon the conclusion of the investigation, the
investigator shall file a written report
of the results of the
investigation with the superintendent.
Within ten business days
thereafter, the The superintendent shall
review the report and
determine whether there exists reasonable
and substantial evidence
of a violation of division (G) of this
section by the certificate
holder, registrant, or licensee. If
the
superintendent finds such
evidence exists, within five business
days of that determination,
the superintendent shall notify the
complainant and certificate
holder, registrant, or licensee of
the determination. The
certificate holder,
registrant, or licensee
may request a
hearing
pursuant to Chapter 119. of the Revised Code. If a formal hearing
is conducted, the hearing examiner shall file a report of findings
of fact and conclusions of law with the superintendent, the board,
the complainant and the certificate holder, licensee, or
registrant after the conclusion of the formal hearing. Within ten
calendar days of receipt of the copy of the hearing examiner's
finding of fact and conclusions of law, the certificate holder,
licensee, or registrant or the division may file with the board
written objections to the hearing examiner's report, which shall
be considered by the board before approving, modifying, or
rejecting the hearing examiner's report. If the
superintendent
finds that such evidence does not exist, within
five business days
thereafter, the superintendent shall notify
the complainant and
certificate holder, registrant, or licensee
of that
determination
and the basis for the determination. Within
fifteen business days
after the superintendent notifies the
complainant and certificate
holder, registrant, or licensee that
such evidence
does not exist,
the complainant may file with the division a
request that the real
estate appraiser board review the
determination. If the
complainant files such request, the board
shall review the
determination at the next regularly scheduled
meeting held at
least fifteen business days after the request is
filed but no
longer than six months after the request is filed. The
board may
hear the testimony of the complainant, certificate
holder,
registrant, or licensee at the meeting upon the request
of that
party. If the board affirms the determination of the
superintendent, the superintendent shall notify the complainant
and the certificate holder, registrant, or licensee within five
business days
thereafter. If the board reverses the determination
of the
superintendent, a hearing before a hearing examiner shall
be held and the complainant and
certificate holder, registrant, or
licensee notified as provided
in this
division.
(E) The board shall review the referee's or hearing
examiner's
report and the evidence at the next regularly scheduled
board
meeting held at least fifteen business days after receipt of
the
referee's or examiner's report. The board may hear the
testimony
of the complainant, certificate holder, registrant, or
licensee upon
request.
If the complainant is the Ohio civil
rights commission, the board
shall review the complaint
(F) If the board determines that a licensee, registrant, or
certificate
holder has violated this chapter for which
disciplinary action
may be taken under division (G) of this
section, after review of
the referee's or examiner's report and
the evidence as provided
in division (E) of this section, the
board shall order the
disciplinary
action the board considers
appropriate, which may include, but is
not limited to, any of the
following:
(1) Reprimand of the certificate holder, registrant, or
licensee;
(2) Imposition of a fine, not exceeding, two thousand five
hundred dollars per violation;
(3) Requirement of the completion of additional education
courses. Any course work imposed pursuant to this section shall
not count toward continuing education requirements or prelicense
or precertification requirements set forth in section 4763.05 of
the Revised Code.
(4) Suspension of the certificate, registration, or license
for
a specific period of time;
(3) Suspension of the certificate, registration, or
license
until the
certificate holder, registrant, or licensee complies
with
conditions the board
sets, including but not limited to,
successful completion of the
real estate appraiser examination
described in division (D) of
section 4763.05 of the Revised Code
or completion of a specific
number of hours of continuing
education instruction in courses or
seminars approved by the
board;
(4)(5) Revocation of the certificate, registration, or
license.
The decision and order of the board is final, subject to
review in the manner provided for in Chapter 119. of the Revised
Code and appeal to any court of common pleas.
(G) The board shall take any disciplinary action
authorized
by this section against a certificate holder,
registrant, or
licensee who is found to have committed any of the following
acts,
omissions, or violations during the appraiser's
certification,
registration, or licensure:
(1) Procuring or attempting to procure a certificate,
registration, or
license pursuant to this chapter by knowingly
making a false
statement, submitting false information, refusing
to provide
complete information in response to a question in an
application
for certification, registration, or licensure, or by
any means
of fraud or
misrepresentation;
(2) Paying, or attempting to pay, anything of value, other
than the fees or assessments required by this chapter, to any
member or employee of the board for the purpose of procuring a
certificate, registration, or license;
(3) Being convicted in a criminal proceeding for a felony
or
a crime involving moral turpitude;
(4) Dishonesty, fraud, or misrepresentation, with the
intent
to either benefit the certificate holder, registrant, or
licensee
or
another person or injure another person;
(5) Violation of any of the standards for the development
or,
preparation, communication, or reporting of real estate appraisals
an appraisal report set forth in this
chapter and rules of the
board;
(6) Failure or refusal to exercise reasonable diligence in
developing an appraisal, preparing, or communicating an appraisal
report, or
communicating an appraisal;
(7) Negligence or incompetence in developing an appraisal,
in
preparing, communicating, or reporting an appraisal report, or in
communicating an
appraisal;
(8) Willfully Violating or willfully disregarding or
violating this chapter or
the rules adopted thereunder;
(9) Accepting an appraisal assignment where the employment
is
contingent upon the appraiser preparing or reporting a
predetermined estimate, analysis, or opinion, or where the fee to
be paid for the appraisal is contingent upon the opinion,
conclusion, or valuation attained or upon the consequences
resulting from the appraisal assignment;
(10) Violating the confidential nature of governmental
records to which the certificate holder, registrant, or licensee
gained access through employment or
engagement as an appraiser by
a governmental agency;
(11) Entry of final judgment against the certificate
holder,
registrant, or licensee on the grounds of fraud, deceit,
misrepresentation, or gross negligence in the making of any
appraisal of real estate;
(12) Violating any federal or state civil rights law;
(13) Having published advertising, whether printed, radio,
display, or of any other nature, which was misleading or
inaccurate in any material particular, or in any way having
misrepresented any appraisal or specialized service;
(14) Failing to provide copies of records to the
superintendent or failing to maintain records for five years as
required by section 4763.14 of the Revised Code. Failure of a
certificate holder, licensee, or registrant to comply with a
subpoena issued under division (C)(1) of section 4763.03 of the
Revised Code is prima-facie evidence of a violation of division
(G)(14) of section 4763.11 of the Revised Code.
(15) Failing to provide notice to the board as required in
division (I) of this section.
(H) The board immediately shall notify the superintendent
of
real estate of any disciplinary action taken under this
section
against a certificate holder, registrant, or licensee
who also is
licensed under Chapter 4735. of the Revised Code, and also shall
notify any other federal, state, or local agency and any other
public or private association that the board determines is
responsible for licensing or otherwise regulating the
professional
or business activity of the appraiser.
Additionally, the board
shall notify the complainant and any
other party who may have
suffered financial loss because of the
certificate holder's,
registrant's, or licensee's violations,
that the complainant or
other party may sue
for recovery under section 4763.16 of the
Revised Code. The
notice provided under this division shall
specify the conduct for
which the certificate holder, registrant,
or licensee was
disciplined and the
disciplinary action taken by
the board and the result of that
conduct.
(I) A certificate holder, registrant, or licensee shall
notify
the
board of the existence of a criminal conviction of the
type within fifteen days of the agency's issuance of an order
revoking or permanently surrendering any professional license,
certificate, or registration by any public entity other than the
division of real estate. A certificate holder, registrant, or
licensee who is convicted of a felony or crime of moral turpitude
as
described in division (G)(3) of this section shall notify the
board of the conviction within fifteen
days
of the conviction.
(J) If the board determines that a certificate holder,
registrant, or
licensee has violated this chapter for which
disciplinary action
may be taken under division (G) of this
section as a result of an
investigation conducted by the
superintendent upon the
superintendent's own motion
or upon the
request of the board, the superintendent shall notify
the
certificate holder, registrant, or licensee of
the certificate
holder's, registrant's, or licensee's right to
a hearing
pursuant
to Chapter 119. of the Revised Code and to an appeal of
a final
determination of such administrative proceedings to any
court of
common pleas.
(K) All notices, written reports, and determinations issued
pursuant to this section shall be mailed via certified mail,
return receipt requested. If the certified notice is returned
because of failure of delivery or was unclaimed, the notice,
written reports, or determinations are deemed served if the
superintendent sends the notice, written reports, or determination
via regular mail and obtains a certificate of mailing of the
notice, written reports, or determination. Refusal of delivery by
personal service or by mail is not failure of delivery and service
is deemed to be complete.
Sec. 4763.13. (A) In engaging in appraisal activities, a
person certified, registered, or licensed under this chapter
shall
comply with
the applicable standards prescribed by the board of
governors of
the federal reserve system, the federal deposit
insurance
corporation, the comptroller of the currency, the office
of
thrift supervision, the national credit union administration,
and
the resolution trust corporation in connection with federally
related transactions under the jurisdiction of the applicable
agency or instrumentality. A certificate holder, registrant,
and
licensee
also shall comply with the uniform standards of
professional
appraisal practice, as adopted by the appraisal
standards board
of the appraisal foundation and such other
standards adopted by
the real estate appraiser board, to the
extent that those
standards do not conflict with applicable
federal standards in
connection with a particular federally
related transaction.
(B) The terms "state-licensed residential real estate
appraiser," "state-certified residential real
estate appraiser,"
"state-certified general real estate
appraiser," and
"state-registered real estate appraiser
assistant" shall be
used
to refer only to those persons who have been issued
the applicable
certificate, registration, or license or renewal
certificate,
registration, or
license pursuant to this chapter. None of these
terms shall be
used following or in connection with the name or
signature of a
partnership, corporation, or association or in a
manner that
could be interpreted as referring to a person other
than the
person to whom the certificate, registration, or license
has
been issued. No person shall fail to comply with this
division.
(C) No person, other than a certificate holder, a registrant,
or a
licensee, shall assume or use a title, designation, or
abbreviation that is likely to create the impression that the
person
possesses certification, registration, or
licensure under
this chapter,
provided that professional designations containing
the term
"certified appraiser" and being used on or before July
26, 1989,
shall not be construed as being misleading under this
division.
No person other than a person certified or licensed
under this
chapter shall describe or refer to an appraisal or
other
evaluation of real estate located in this state as being
certified.
(D) The terms "state-certified or state-licensed real
estate
appraisal report," "state-certified or state-licensed
appraisal
report," or "state-certified or state-licensed
appraisal" shall be
used to refer only to those real estate
appraisals conducted by a
certificate holder or licensee as a
disinterested and unbiased
third party provided that the
certificate holder or licensee
provides certification with the
appraisal and provided further
that if a licensee is providing
the appraisal, such terms shall
only be used if the licensee
is
acting within the scope of the
licensee's license. No person shall fail to comply with this
division.
(E) Nothing in this chapter shall preclude a partnership,
corporation, or association which employs or, retains, or engages
the services
of a certificate holder or licensee to advertise that
the
partnership, corporation, or association offers
state-certified
or
state-licensed appraisals through a
certificate holder or
licensee
if the advertisement clearly
states such fact in
accordance with
guidelines for such
advertisements established by
rule of the real
estate appraiser
board.
(F) Except as otherwise provided in section 4763.19 of the
Revised Code, nothing in this chapter shall preclude a person who
is
not licensed or certified under this chapter from appraising
real
estate for compensation.
Sec. 4763.14. A person licensed, registered, or certified
under
this
chapter shall retain for a period of five years the
original or a
true copy of each written contract for the person's
services
relating to
real estate appraisal work and, all appraisal
reports, and all work file documentation and
supporting data
assembled and formulated by the person in preparing
those reports.
The retention period begins on the date the
appraisal is submitted
to the client unless, prior to expiration
of the retention period,
the certificate holder, registrant, or
licensee is
notified that
the appraisal or report is the subject of or is
otherwise involved
in pending litigation, in which case the
retention period begins
on the date of final disposition of the
litigation.
A certificate holder, registrant, and a licensee shall make
available
all records required to be maintained under this section
for
inspection and copying by the superintendent of real estate or
the real estate appraiser board, or both, upon reasonable notice
to the certificate holder, registrant, or licensee.
Sec. 4763.17. Every partnership, corporation, or association
which employs or,
retains, or engages the services of a person
licensed, registered, or
certified under this chapter,
whether the
certificate holder, registrant, or licensee is an
independent
contractor or
under the supervision or control of the partnership,
corporation, or
association, is jointly and severally liable for
any damages incurred by any
person as a result of an act or
omission concerning a state-certified or
state-licensed real
estate appraisal prepared or facilitated in the
preparation by a
certificate holder, registrant, or
licensee while employed or,
retained, or engaged by the partnership, corporation, or
association.
Sec. 4766.09. This chapter does not
apply to any of the
following:
(A) A person rendering services with an ambulance in the
event of a disaster situation when licensees' vehicles based in
the locality of the disaster situation are incapacitated or
insufficient in number to render the services needed;
(B) Any person operating an ambulance, ambulette, rotorcraft
air
ambulance, or fixed wing air ambulance outside this state
unless
receiving a person within this state for transport to a
location
within this state;
(C) A publicly owned or operated emergency medical service
organization and the vehicles it owns or leases and operates,
except as provided in section 307.051, division (G) of section
307.055, division (F) of section 505.37, division (B) of
section
505.375, and division (B)(3)
of section 505.72 of the Revised
Code;
(D) An ambulance, ambulette, rotorcraft air ambulance, fixed
wing air
ambulance, or nontransport vehicle
owned or leased and
operated by
the federal government;
(E) A publicly owned and operated fire department vehicle;
(F) Emergency vehicles owned by a corporation and
operating
only on the corporation's premises, for the sole use by
that
corporation;
(G) An ambulance, nontransport vehicle,
or other emergency
medical service organization
vehicle owned and operated by a
municipal corporation;
(H) A motor vehicle titled in the name of a
volunteer rescue
service organization, as defined in section 4503.172 of the
Revised
Code;
(I) A
public emergency medical service
organization;
(J) A fire department,
rescue squad, or life squad comprised
of
volunteers who provide
services without expectation of
remuneration and do not receive
payment for services other than
reimbursement for expenses;
(K) A private,
nonprofit emergency medical service
organization when fifty per
cent or more of its personnel are
volunteers, as defined in section 4765.01 of the Revised Code;
(L) Emergency medical service personnel who are regulated by
the state board of emergency medical services under Chapter 4765.
of the Revised Code;
(M) Any of the following that operates a transit bus, as that
term is defined in division (Q) of section 5735.01 of the Revised
Code, unless the entity provides ambulette services that are
reimbursed under the state medicaid plan:
(1) A public nonemergency medical service organization;
(2) An urban or rural public transit system;
(3) A private nonprofit organization that receives grants
under section 5501.07 of the Revised Code.
(N)(1) An entity or vehicle owned by an entity that, to the
extent it provides ambulette services, if the entity meets all of
the following conditions:
(a) The entity is certified by the department of aging or the
department's designee under in accordance with section 173.391 of
the Revised Code and or operates under a contract or grant
agreement with the
department or the department's designee in
accordance with section
173.392 of the Revised Code.
(b) The entity meets the requirements of section 4766.14 of
the Revised Code, unless the entity or.
(c) The entity does not provide ambulette services that are
reimbursed under the state medicaid plan.
(2) A vehicle, to the extent it is used to provide ambulette
services, if the vehicle meets both of the following conditions:
(a) The vehicle is owned by an entity that meets the
conditions specified in division (N)(1) of this section.
(b) The vehicle provides does not provide ambulette services
that are reimbursed under the state medicaid plan;.
(O) A vehicle that meets both of the following criteria,
unless the vehicle provides services that are reimbursed under the
state medicaid plan:
(1) The vehicle was purchased with funds from a grant made by
the United States secretary of transportation under 49 U.S.C.
5310;
(2) The department of transportation holds a lien on the
vehicle.
Sec. 4767.05. (A) There is hereby created the Ohio
cemetery
dispute resolution commission, which shall
consist of
nine members
to be appointed by the governor with the advice and
consent of the
senate as follows:
(1) One member shall be the management authority of a
municipal, township, or union cemetery and shall be selected from
a list of four names submitted to the governor. Two of the four
names shall be submitted by the Ohio township association and two
names shall be submitted by the Ohio municipal league.
(2) Four members shall be individuals employed in a
management position by a cemetery company or cemetery
association.
Two of the four members shall be selected from a
list of four
names submitted to the governor by the Ohio
association of
cemeteries and two shall be selected from a list
of four names
submitted by the Ohio association of cemetery
superintendents and
officials.
(3) Two members shall be employed in a management position
by
a cemetery that is owned or operated by a religious,
fraternal, or
benevolent society and shall be selected from a
list of four names
submitted by the Ohio association of cemetery
superintendents and
officials.
(4) Two members, at least one of whom shall be at least
sixty-five years of age, shall be representatives of the public
with no financial interest in the death care industry.
Each member of the commission, except for the two
members
who
represent the public, shall, at the time of
appointment, have had
a minimum of five consecutive years of
experience in the active
administration and management of a
cemetery in this state.
(B) Within ninety days after the effective date of this
section, the governor shall make initial appointments to the
commission. Of the initial appointments, two shall be
for terms
ending one year after the effective date of this section, two
shall be for terms ending two years after that date, two shall be
for terms ending three years after that date, and three shall be
for terms ending four years after that date. Thereafter, terms
of
office shall be for four years, with each term ending on the
same
day of the same month as did the term that it succeeds.
Each
member shall hold office from the date of appointment
until the
end of the term for which the member was appointed.
Vacancies
shall be filled in the manner provided for original appointments,
with each appointee, other than a representative of the public,
being appointed from a list of two names submitted to the
governor
by the association or organization that was required to
nominate
candidates for initial appointment to the position that has become
vacant. Any member appointed to
fill a vacancy occurring prior to
the expiration date of the term
for which the member's predecessor
was appointed shall hold
office for the remainder of that term. A
member
shall continue in office subsequent to the expiration date
of
the member's term until the member's successor takes office or
until a period of sixty
days has elapsed, whichever occurs first.
No person shall serve
as a member of the commission for more than
two
consecutive terms,
excluding any term served to fill an
initial appointment to a
term of less than four years or an
unexpired term caused by a
vacancy.
(C) The commission annually shall elect from among
its
members a chairperson, vice-chairperson,
and secretary, each of
whom
shall serve a term of one year in that office. The
commission
shall meet at least four times a year. Additional meetings may
be
called by the chairperson, or by the
vice-chairperson when the
chairperson is disabled, or by a majority of the members of
the
commission. A majority of the members constitutes a quorum
to
transact and vote on business of the commission.
The chairperson or vice-chairperson may:
(4) Compel the production of books, papers, records, and
other forms of evidence;
(5) Fix the time and place for hearing any matter related
to
compliance with sections 1721.19, 1721.20, 1721.21, 1721.211,
4735.02, 4735.22, and 4767.02 of the Revised Code.
The chairperson shall designate three members of the
commission to serve on
the crematory review board in accordance
with section 4717.03 of the Revised Code for such
time as the
chairperson finds appropriate. Members designated to serve on the
crematory review board shall perform all functions necessary to
carry out the
duties of the board as described in section 4717.03
of the Revised Code.
Members who serve
on the crematory review
board shall receive no compensation for such service.
(D) Before entering upon the duties of office, each member
of
the commission shall take the oath pursuant to section
3.22 of the
Revised Code. The governor may remove any member for
misconduct,
neglect of duty, incapacity, or malfeasance in
accordance with
section 3.04 of the Revised Code.
(E) Members of the commission shall receive no compensation
but shall be reimbursed for their actual and necessary expenses
incurred in the performance of their duties as members of the
commission.
(F) The division of real estate in the department of
commerce
shall provide the commission with meeting space,
staff services,
and other technical assistance required by the
commission in
carrying out its duties pursuant to sections
4767.05 to 4767.08 of
the Revised Code.
Sec. 4767.07. (A) Any person may file a complaint
regarding
the activity, practice, policy, or procedure of, or
regarding an
alleged violation of section 1721.19, 1721.20,
1721.21, 1721.211,
4735.02, 4735.22, or 4767.02 of the Revised
Code by, any person
operating or maintaining a cemetery
registered pursuant to section
4767.03 of the Revised Code that
adversely affects or may
adversely affect the interest of an
owner or family member of the
owner of a cemetery lot or burial,
entombment, or columbarium
right. All complaints shall be in
writing and submitted to the
division of real estate in the
department of commerce on forms
provided by the division.
(B) With respect to complaints filed pursuant to division
(A)
of this section, the division of real estate shall do all of
the
following:
(1) Acknowledge receipt of the complaint by sending
written
notice to the person who filed the complaint not more
than twenty
days after receipt of the complaint;
(2) Send written notice of the complaint within seven days
after receipt of the complaint to the person responsible for the
operation and maintenance of the cemetery that is the subject of
the complaint;
(3) Before taking further action, allow the owner or the
person responsible for the operation and maintenance of the
cemetery that is the subject of a complaint thirty days after the
date the division sends notice of the complaint to respond to the
division with respect to the complaint.
(C) The cemetery dispute resolution commission shall hear
each complaint filed pursuant to division (A) of this section
within one hundred eighty days after its filing, unless it has
been resolved by the parties to the complaint.
Sec. 4767.08. (A) The Ohio cemetery dispute resolution
commission, on its own motion or as a result of a complaint
received pursuant to section 4767.07 of the Revised Code and with
good cause shown, shall investigate or cause to be investigated
alleged violations of sections 1721.19, 1721.20, 1721.21,
1721.211, 4735.02, 4735.22, and 4767.03 4767.02, and
4767.03 of
the Revised Code. If
the commission or the superintendent of the
division of real
estate in the department of commerce believes
that a violation
has occurred, the commission or superintendent
shall do all
of the following:
(1) Review the financial records of the cemetery to ensure
compliance with
sections 1721.21 and 1721.211 of the Revised Code;
(2) Request the
prosecuting attorney of the county in which
the alleged violation
occurred to initiate such proceedings as are
appropriate.
(B) If, as a result of an investigation, the commission or
the superintendent believes that a person has violated Chapter
1345. of the Revised Code, the commission or superintendent shall
report the findings to the attorney general.
(C) The commission, at any time, may dismiss a complaint if
it determines there is not good cause shown for the complaint.
If
the commission dismisses a complaint, it shall notify the
person
who filed the complaint within twenty days of reaching its
decision and identify the reason why the complaint was dismissed.
(D) When necessary for the division of real estate to perform
the duties
required by sections
4767.07 and 4767.08 of the Revised
Code, the superintendent of
the division, after consultation with
at least a majority of the
members of the cemetery dispute
resolution commission, may
issue subpoenas and compel the
production of books, papers, records,
and other forms of evidence.
Sec. 5101.073. There is hereby created in the state treasury
the ODJFS general services administration and operating fund. The
director of job and family services shall submit a deposit
modification and payment detail report to the treasurer of state
when there is a final closeout of a federal grant regarding a
program the department of job and family services administers or a
reconciliation of all final transactions with the federal
government regarding federal funds for a program the department
administers. On receipt of the report, the treasurer of state
shall transfer the money in the refunds and audit settlements fund
that is the subject of the report to the ODJFS general services
administration and operating fund. Money in the ODJFS general
services administration and operating fund shall be used to pay
for the department's administrative expenses, including the costs
of state hearings under section 5101.35 of the Revised Code,
required audit adjustments, and other related expenses.
Sec. 5101.11. This section does not apply to contracts
entered into under section 5111.90 or 5111.91 of the
Revised Code.
(A) As used in this section:
(1) "Entity" includes an agency, board, commission, or
department of the state or a political subdivision of the state;
a
private, nonprofit entity; a school district; a private school;
or
a public or private institution of higher education.
(2) "Federal financial participation" means the federal
government's share of expenditures made by an entity in
implementing a program administered by the department of job and
family
services.
(B) At the request of any public entity having authority
to
implement a program administered by the department of job and
family
services or any private entity under contract with a public
entity to implement a program administered by the department, the
department may seek to obtain federal financial participation for
costs incurred by the entity. Federal financial participation
may
be sought from programs operated pursuant to Title IV-A,
Title
IV-E, and Title XIX of the "Social Security Act," 49 Stat.
620
(1935), 42 U.S.C. 301, as amended; the "Food Stamp and Nutrition
Act of
1964,"
78 Stat. 703, 2008 (7 U.S.C. 2011, as amended et
seq.); and any other
statute or
regulation under which federal
financial participation
may be
available, except that federal
financial participation may
be
sought only for expenditures made
with funds for which federal
financial participation is available
under federal law.
(C) All funds collected by the department of job and family
services
pursuant to division (B) of this section shall be
distributed to the entities that incurred the costs, except for
any amounts retained by the department pursuant to division
(D)(3)
of this section.
(D) In distributing federal financial participation
pursuant
to this section, the department may either enter into an
agreement
with the entity that is to receive the funds or
distribute the
funds in accordance with rules adopted under
division (F) of this
section. If the department decides to enter
into an agreement to
distribute the funds, the agreement may
include terms that do any
of the following:
(1) Provide for the whole or partial reimbursement of any
cost incurred by the entity in implementing the program;
(2) In the event that federal financial participation is
disallowed or otherwise unavailable for any expenditure, require
the department of job and family services or the entity, whichever
party
caused the disallowance or unavailability of federal
financial
participation, to assume responsibility for the
expenditures;
(3) Permit the department to retain not more than five per
cent of the amount of the federal financial participation to be
distributed to the entity;
(4) Require the public entity to certify the availability
of
sufficient unencumbered funds to match the federal financial
participation it receives under this section;
(5) Establish the length of the agreement, which may be
for
a
fixed or a continuing period of time;
(6) Establish any other requirements determined by the
department to be necessary for the efficient administration of
the
agreement.
(E) An entity that receives federal financial
participation
pursuant to this section for a program aiding
children and their
families shall establish a process for
collaborative planning with
the department of job and family services
for
the use of the funds
to improve and expand the program.
(F) The director of job and family services
shall adopt
rules
as necessary to
implement this section, including rules for
the
distribution of
federal financial participation pursuant to
this
section. The
rules shall be adopted in accordance with
Chapter
119. of the
Revised Code. The director may adopt or amend
any
statewide plan required by the federal government for a
program
administered by the department, as necessary to implement
this
section.
(G) Federal financial participation received pursuant to
this
section shall not be included in any calculation made under
section 5101.16 or 5101.161 of the Revised Code.
Sec. 5101.16. (A) As used in this section and sections
5101.161 and 5101.162 of the Revised Code:
(1)
"Disability financial assistance" means the financial
assistance program established under Chapter 5115. of the Revised
Code.
(2)
"Disability medical assistance" means the medical
assistance program established under Chapter 5115. of the Revised
Code.
(3) "Food stamps Supplemental nutrition assistance program"
means the program administered by the
department
of job and family
services pursuant to section 5101.54
of
the Revised Code.
(4)
"Medicaid" means the medical assistance program
established
by
Chapter 5111. of the Revised Code, excluding
transportation services provided
under that chapter.
(5)
"Ohio works first" means the program established by
Chapter 5107. of the Revised Code.
(6)
"Prevention, retention, and contingency" means the
program
established
by Chapter 5108. of the Revised Code.
(7)
"Public assistance expenditures" means expenditures for
all
of the following:
(b) County administration of
Ohio works first;
(c) Prevention, retention, and contingency;
(d) County administration of prevention, retention, and
contingency;
(e) Disability financial assistance;
(f) Disability medical assistance;
(g) County administration of disability financial assistance;
(h) County administration of disability medical assistance;
(i) County administration of food stamps the supplemental
nutrition assistance program;
(j) County administration of medicaid.
(8) "Title IV-A program" has the same meaning as in section
5101.80 of the Revised Code.
(B) Each board of county commissioners shall pay the county
share of public
assistance expenditures
in
accordance with section
5101.161
of the Revised Code. Except as provided in division (C)
of this
section,
a county's share of public assistance
expenditures is the sum of
all of the
following for state fiscal
year
1998 and each state fiscal year thereafter:
(1) The amount that is twenty-five per cent of the county's
total
expenditures
for disability financial assistance and
disability medical assistance and county
administration of those
programs during the state fiscal
year
ending in
the previous
calendar year that the department of
job and
family services
determines
are allowable.
(2) The
amount that is ten per cent, or
other percentage
determined under division (D) of this
section, of the county's
total expenditures for county
administration of food stamps the
supplemental nutrition assistance program and
medicaid during the
state fiscal year ending in
the
previous
calendar year that the
department
determines are allowable, less
the amount of federal
reimbursement credited to
the county under
division (E) of this
section for the
state fiscal year ending in
the previous calendar
year;
(3) A percentage of the actual amount of the
county share of
program and
administrative expenditures during
federal fiscal year
1994 for
assistance and services, other than
child care, provided
under Titles IV-A and IV-F of
the
"Social
Security Act," 49 Stat.
620 (1935), 42 U.S.C. 301, as those titles
existed prior to the
enactment of the
"Personal
Responsibility and
Work Opportunity
Reconciliation Act of 1996," 110 Stat.
2105.
The department of job
and family services shall determine the actual amount of the
county share from expenditure reports submitted to the United
States department of health and human services. The percentage
shall be the percentage established in rules adopted under
division (F) of this section.
(C)(1) If a county's share of public assistance
expenditures
determined under division (B) of
this section for a state fiscal
year exceeds one hundred ten
per cent of the county's share for
those expenditures for the
immediately preceding state fiscal
year, the department of job
and family services shall reduce the
county's share for expenditures under
divisions
(B)(1) and (2) of
this section so that the total of the county's
share for
expenditures under division (B) of this section equals one
hundred
ten per cent of the county's share of those
expenditures for the
immediately preceding state fiscal year.
(2) A county's share of public assistance expenditures
determined under division (B) of this section may be increased
pursuant to section 5101.163 of the Revised Code and a sanction
under section 5101.24 of the Revised
Code. An increase made
pursuant to section 5101.163 of the Revised Code may cause the
county's share to exceed the limit established by division (C)(1)
of this section.
(D)(1) If the per capita tax duplicate of
a county is less
than the per capita tax duplicate of the state as a whole and
division (D)(2) of this section does not apply to the
county, the
percentage to be used
for the purpose of division (B)(2) of this
section is the
product of ten multiplied by a fraction of
which
the numerator is the per capita tax duplicate of the county
and
the denominator is the per capita tax duplicate of the state
as a
whole. The department of job and family services
shall
compute
the
per capita tax duplicate for the state and for each
county by
dividing the tax duplicate for the most recent
available year by
the current estimate of population prepared by
the department of
development.
(2) If the percentage of families in a county with an
annual
income of less than three thousand dollars is greater than
the
percentage of such families in the state and division
(D)(1) of
this section does not apply to the county,
the percentage to be
used for the
purpose of division (B)(2) of this section is the
product
of ten multiplied by a fraction of which the
numerator is
the percentage of families in the state with an
annual income of
less than three thousand dollars a year and the
denominator is the
percentage of such families in the county. The department
of job
and family services shall compute the percentage
of families with
an annual income of less than three thousand
dollars for the state
and for each
county by
multiplying the most recent estimate of
such families published
by the department of development, by a
fraction, the numerator of
which is the estimate of average annual
personal income published
by the bureau of economic analysis of
the United States
department of commerce for the year on which the
census estimate
is based and the denominator of which is the most
recent such
estimate published by the bureau.
(3) If the per capita tax duplicate of
a county is less than
the per capita tax duplicate of the state as a
whole and the
percentage of families in the county with an annual income of
less
than three thousand dollars is greater than the percentage of such
families in the state,
the percentage to be used for the purpose
of division
(B)(2) of this section shall be determined as
follows:
(a) Multiply ten by the fraction determined
under
division
(D)(1) of this section;
(b) Multiply the product determined under
division
(D)(3)(a)
of this section
by the fraction determined under division
(D)(2)
of this section.
(4) The department of job and family services shall
determine, for
each county,
the percentage to be used for the
purpose of division
(B)(2) of this section not later than the
first
day of July of the year preceding the state fiscal
year for
which the percentage is used.
(E) The department of job and family services shall
credit
to
a county the amount of federal reimbursement the department
receives from the
United States departments of agriculture and
health and human
services for the county's expenditures for
administration of food stamps
the supplemental nutrition
assistance program and medicaid that the
department
determines are
allowable administrative
expenditures.
(F)(1) The director of job and
family services
shall adopt
rules in accordance
with section 111.15 of the
Revised Code
to
establish all of the following:
(a) The method the department is to use to
change
a
county's
share of public assistance expenditures
determined under division
(B) of this section
as provided in division (C) of this
section;
(b) The allocation methodology and formula the department
will
use to determine the amount of funds to credit to a county
under
this section;
(c) The method the department will use to change the payment
of the county share of public assistance expenditures from a
calendar-year basis to a state fiscal year basis;
(d) The percentage to be used for the purpose of division
(B)(3) of this section, which shall, except as provided in section
5101.163 of the Revised Code, meet both of the following
requirements:
(i) The percentage shall not be less than seventy-five per
cent nor more than eighty-two per cent;
(ii) The percentage shall not exceed the percentage that the
state's qualified state expenditures is of the state's historic
state expenditures as those terms are defined in 42 U.S.C.
609(a)(7).
(e) Other procedures and requirements necessary to implement
this section.
(2) The director of job and family services may amend the
rule adopted under division (F)(1)(d) of this section to modify
the percentage on determination that the amount the general
assembly appropriates for Title IV-A programs makes the
modification necessary. The rule shall be adopted and amended as
if an internal management rule and in consultation with the
director of budget and management.
Sec. 5101.162. Subject to available federal funds and
appropriations made by the general assembly, the department of job
and family services
may, at its sole discretion,
use available
federal funds to reimburse county expenditures for
county
administration of food stamps the supplemental nutrition
assistance program or medicaid even though the
county
expenditures meet or exceed the maximum allowable reimbursement
amount established by rules adopted under section 5101.161 of the
Revised Code. The
director
may adopt
internal management rules in
accordance with section
111.15 of the
Revised
Code to implement
this section.
Sec. 5101.33. (A) As used in this section, "benefits" means
any of the following:
(1) Cash assistance paid under Chapter 5107.
or 5115. of the
Revised Code;
(2) Food stamp Supplemental nutrition assistance program
benefits provided under section 5101.54 of the Revised Code;
(3) Any other program administered
by the department of job
and family services under which
assistance
is provided or service
rendered;
(4) Any other program, service, or assistance administered by
a person or
government entity that the
department determines may
be delivered
through the medium of electronic benefit transfer.
(B) The department of job and family services may make
any
payment or delivery of benefits to eligible
individuals through
the medium of electronic benefit transfer by doing all of
the
following:
(1) Contracting with an agent to supply debit cards to the
department of job and family services for use by such
individuals
in
accessing their benefits and to credit such
cards
electronically with the amounts specified by the director
of job
and family services pursuant to law;
(2) Informing such individuals about the use of the
electronic benefit transfer system and furnishing them with debit
cards and information that will enable them to access their
benefits through the system;
(3) Arranging with specific financial institutions or
vendors, county departments of job and family services, or
persons
or
government entities for
individuals to have their cards
credited
electronically with the
proper amounts at their
facilities;
(4) Periodically preparing vouchers for the payment of
such
benefits by electronic benefit transfer;
(5) Satisfying any applicable requirements of federal and
state law.
(C) The department may enter into a written agreement
with
any person or government entity to provide benefits administered
by that
person or entity through the
medium of electronic benefit
transfer. A written agreement may require the
person or government
entity to
pay to the department either or both of the following:
(1) A charge that reimburses the department for all costs the
department
incurs in having the benefits administered by the
person or entity provided
through the electronic benefit transfer
system;
(2) A fee for having the benefits provided through the
electronic benefit
transfer system.
(D) The department may designate which counties will
participate in the medium of electronic benefit transfer, specify
the date a
designated county will begin participation, and specify
which benefits will be
provided through the medium of electronic
benefit transfer in a designated
county.
(E) The department may adopt rules in accordance with
Chapter
119. of the Revised Code for the efficient administration of this
section.
Sec. 5101.34. (A) There
is hereby created in the department
of job and family
services the
Ohio commission on fatherhood.
The
commission shall consist of the following members:
(1)(a) Four members of the house of representatives appointed
by
the speaker of the house, not more than two of whom are members
of
the same political party. Two of the members must be from
legislative districts that include a county or part of a county
that is among the one-third of counties in this state with the
highest number per capita of households headed by females.
(b) Two members of the senate appointed by the president of
the
senate, each from a different political party. One of the
members must be
from a legislative district
that includes a county
or part of a county that is among the
one-third of counties in
this state with the highest number per
capita of households headed
by females.
(2) The governor, or the governor's designee;
(3) One representative of the judicial branch of
government
appointed by the chief justice of the supreme
court;
(4) The directors of health, job and family services,
rehabilitation and correction, alcohol and drug addiction
services, and youth services and the
superintendent of public
instruction, or their designees;
(5) One representative of the
Ohio family and children first
cabinet council created under section 121.37 of the
Revised Code
appointed by the
chairperson of the council;
(6) Five representatives of the general public appointed
by
the governor. These members shall have extensive experience
in
issues related to fatherhood.
(B) The appointing
authorities of the Ohio commission on
fatherhood shall make initial
appointments to the commission
within thirty days after the effective date of this section
September 29, 1999. Of
the initial appointments to the commission
made pursuant to
divisions (A)(3), (5), and (6)
of this section,
three of the members shall serve a term of one
year and four shall
serve a term of two years. Members so
appointed subsequently shall
serve two-year terms. A member
appointed pursuant to division
(A)(1) of this section shall
serve on the commission until the end
of the general assembly
from which the member was appointed or
until the member ceases
to serve in the chamber of the general
assembly in which the
member serves at the time of appointment,
whichever occurs
first. The governor or the governor's designee
shall serve on
the commission until the governor ceases to be
governor. The
directors and superintendent or their designees
shall serve on the commission
until
they cease, or the director or
superintendent a designee represents ceases, to
be director or
superintendent. Each member shall
serve on the commission from the
date of appointment until the
end of the term for which the member
was appointed. Members may
be reappointed.
Vacancies shall be filled in the manner
provided for original
appointments. Any member appointed to
fill a vacancy occurring
prior to the expiration date of the
term for which the member's
predecessor was appointed shall
serve on the commission for the
remainder of that term. A
member shall continue to serve on the
commission subsequent to
the expiration date of the member's term
until the member's
successor is appointed or until a period of
sixty days has
elapsed, whichever occurs first. Members shall
serve without
compensation but shall be reimbursed for necessary
expenses.
Sec. 5101.47. (A) Except as provided in division (B) of
this
section, the director of job and family services may
accept
applications, determine eligibility, redetermine eligibility, and
perform related
administrative activities for one or more of the
following:
(1) The medicaid program established by Chapter 5111. of the
Revised Code;
(2) The children's health
insurance program parts I, II,
and
III
provided for under sections 5101.50, 5101.51, and
5101.52 of
the Revised
Code;
(3) Publicly funded child care provided under Chapter 5104.
of the Revised Code;
(4) The food stamp supplemental nutrition assistance program
administered by the department of
job and family services
pursuant to section 5101.54 of the Revised
Code;
(5) Other programs the director determines are supportive of
children, adults, or families;
(6) Other programs regarding which the director determines
administrative cost savings and efficiency may be achieved through
the department accepting applications, determining eligibility,
redetermining eligibility, or performing related administrative
activities.
(B) If federal law requires a face-to-face interview to
complete an eligibility determination for a program specified in
or pursuant to division (A) of this section, the face-to-face
interview shall not be conducted by the department of job and
family services.
(C) Subject to division (B) of this section, if the director
elects to accept applications, determine
eligibility, redetermine
eligibility, and perform related administrative activities for a
program
specified in or pursuant to division (A) of this section,
both of the following apply:
(1) An individual seeking services under the program may
apply
for the program to the director or to the entity that state
law
governing the program authorizes to accept applications for
the
program.
(2) The director is subject to federal statutes and
regulations and state statutes and rules that
require, permit, or
prohibit an action regarding accepting applications,
determining
or redetermining eligibility, and performing related
administrative
activities for the program.
(D) The director may adopt rules as necessary to implement
this
section.
Sec. 5101.54. (A) The director of
job and family services
shall administer the food stamp supplemental nutrition assistance
program in
accordance with the
"Food Stamp and Nutrition Act of
1977," 91 Stat. 958, 2008 (7 U.S.C.A. 2011,
as
amended et seq).
The
department may:
(1) Prepare and submit to the secretary of the United
States
department of agriculture a plan for the administration of
the
food stamp supplemental nutrition assistance program;
(2) Prescribe forms for applications, certificates,
reports,
records, and accounts of county departments of job
and family
services, and
other matters;
(3) Require such reports and information from each county
department of
job and family services as may be necessary and
advisable;
(4) Administer and expend any sums appropriated by the
general assembly for the purposes of this section the supplemental
nutrition assistance program and all sums
paid to the state by the
United States as authorized by the Food
Stamp and Nutrition Act of
1977 2008;
(5) Conduct such investigations as are necessary;
(6) Enter into interagency agreements and cooperate with
investigations
conducted by the department of public safety,
including
providing information for investigative purposes,
exchanging property and
records, passing through federal financial
participation, modifying any
agreements with the United States
department of agriculture,
providing for the supply, security, and
accounting of food stamp
supplemental nutrition assistance program
benefits for
investigative
purposes, and
meeting any other
requirements necessary for the
detection and
deterrence of illegal
activities in the state food
stamp
supplemental nutrition
assistance program;
(7) Adopt rules in accordance with
Chapter 119. of the
Revised Code governing employment and training requirements
of
recipients of food
stamp supplemental nutrition assistance program
benefits, including rules specifying
which recipients are
subject
to the requirements and establishing
sanctions for
failure to
satisfy the requirements. The rules
shall be
consistent with 7
U.S.C.A. 2015 and,
to the extent
practicable, may provide for food
stamp benefit
the recipients to
participate in work activities,
developmental activities, and
alternative work activities
established under sections 5107.40 to
5107.69
of the Revised Code
that are comparable to programs
authorized by 7
U.S.C.A.
2015(d)(4). The rules may
reference
rules adopted under section
5107.05 of the Revised Code governing
work activities,
developmental activities, and alternative work
activities
established under sections 5107.40 to 5107.69 of the
Revised Code.
(8) Adopt rules in accordance with section 111.15 of the
Revised Code that are consistent with the
Food Stamp and Nutrition
Act of 1977 2008,
as amended, and
regulations adopted thereunder
governing the
following:
(a) Eligibility requirements for the food stamp supplemental
nutrition assistance program;
(b) Sanctions for failure to comply with eligibility
requirements;
(c) Allotment of food stamp
supplemental nutrition assistance
program benefits;
(d) To the extent permitted under federal statutes and
regulations, a system under which some or all recipients of food
stamp supplemental nutrition assistance program benefits subject
to employment and training requirements
established by rules
adopted under division (A)(7) of
this section
receive food stamp
the benefits after satisfying the
requirements;
(e) Administration of the program by county departments of
job and family services;
(f) Other requirements necessary for the efficient
administration of the program.
(9) Submit a plan to the United States
secretary of
agriculture for the department of job and family services
to
operate a simplified food stamp supplemental nutrition
assistance
program pursuant to 7
U.S.C.A.
2035 under which
requirements
governing the Ohio works first
program established
under Chapter
5107. of the Revised
Code also
govern the food
stamp
supplemental
nutrition assistance program in the case of
households receiving
food stamp
supplemental nutrition assistance
program benefits and
participating in Ohio works first.
(B) Except while in the custody of the United States
postal
service, food stamps and any document
necessary to obtain
food
stamps are the property of the
department of job and
family
services
from the time they are
received in accordance with
federal
regulations by the department
from the federal agency
responsible
for such delivery until they
are received by a
household entitled
to receive them or by the
authorized
representative of the
household.
(C) A household that is entitled to receive food stamps
under
the
"Food Stamp Act of 1977,"
91 Stat. 958,
7 U.S.C.A. 2011,
as
amended, supplemental nutrition assistance program benefits and
that is determined to be in
immediate need of food
nutrition
assistance, shall receive certification of
eligibility for program
benefits, pending verification,
within twenty-four hours, or, if
mitigating circumstances occur,
within seventy-two hours, after
application, if:
(1) The results of the application interview indicate that
the household will be eligible upon full verification;
(2) Information sufficient to confirm the statements in
the
application has been obtained from at least one additional
source,
not a member of the applicant's household. Such
information shall
be recorded in the case file, and shall
include:
(a) The name of the person who provided the name of the
information source;
(b) The name and address of the information source;
(c) A summary of the information obtained.
The period of temporary eligibility shall not exceed one
month from the date of certification of temporary eligibility.
If
eligibility is established by full verification, benefits
shall
continue without interruption as long as eligibility
continues.
At the time of application, the county department of job and
family services shall
provide to a household described in this
division a list of community
assistance programs that provide
emergency food.
(D)(C) All applications shall be approved or denied through
full
verification within thirty days from receipt of the
application by
the county department of job and family
services.
(E)(D) Nothing in this section shall be construed to prohibit
the certification of households that qualify under federal
regulations to receive food stamps supplemental nutrition
assistance program benefits without charge under the
"Food
Stamp
and Nutrition Act of 1977," 91 Stat.
958, 7 U.S.C.A. 2011, as
amended 2008.
(F)(E) Any person who applies for food stamps under this
section
the supplemental nutrition assistance program shall
receive a
voter registration application under
section 3503.10 of
the
Revised Code.
Sec. 5101.541. The food stamp supplemental nutrition
assistance program fund is hereby created
in the state treasury.
The fund shall consist of federal
reimbursement for food stamp
supplemental nutrition assistance program administrative expenses
and
other food stamp supplemental nutrition assistance program
expenses. The department of job and
family services shall use the
money credited to the fund to pay
for food stamp supplemental
nutrition assistance program administrative expenses and other
food
stamp supplemental nutrition assistance program expenses.
Sec. 5101.542. Immediately following a county department of
job and family services' certification that a household determined
under division (B) of section 5101.54 of the Revised Code to be in
immediate need of nutrition assistance is eligible for the
supplemental nutrition assistance program, the department of job
and family services shall provide for the household to be sent by
regular United States mail an electronic benefit transfer card
containing the amount of benefits the household is
eligible to
receive under the program. The card shall be sent to
the member
of the household in whose name application for the
supplemental
nutrition assistance program was made or that
member's authorized
representative.
Sec. 5101.544. If the benefits of a household are reduced
under a federal,
state, or local means-tested public assistance
program for
failure of a member of the household to perform an
action
required under the program, the household may not receive,
for
the duration of the reduction, an increased allotment of food
stamp supplemental nutrition assistance program benefits as the
result of a decrease in the income of the
household to the extent
that the decrease is the result of the
reduction.
The department of job and family services shall adopt
rules
in accordance with Chapter 119.
of the Revised Code to implement
this section. The rules shall be
consistent with 7 U.S.C.A.
2017(d) and federal
regulations.
Sec. 5101.573. (A) Subject to divisions (B) and (C) of this
section, a
third party shall do all of the following:
(1) Accept the department of job and family services' right
of recovery under section 5101.58 of the Revised Code and the
assignment of rights to the department that are described in
section 5101.59 of the Revised Code.;
(2) Respond to an inquiry by the department regarding a claim
for payment of a medical item or service that was submitted to the
third party not later than three years after the date of the
provision of such medical item or service;
(3) Pay a claim described in division (A)(2) of this section;
(4) Not deny a claim submitted by the department solely on
the basis of the date of submission of the claim, type or format
of the claim form, or a failure by the medical assistance
recipient who is the subject of the claim to present proper
documentation of coverage at the time of service, if both of the
following are true:
(a) The claim was submitted by the department not later than
three years after the date of the provision of the medical item or
service;.
(b) An action by the department to enforce its right of
recovery under section 5101.58 of the Revised Code on the claim
was commenced not later than six years after the department's
submission of the claim.
(5) Consider the department's payment of a claim for a
medical item or service to be the equivalent of the medical
assistance recipient having obtained prior authorization for the
item or service from the third party;
(6) Not deny a claim described in division (A)(5) of this
section that is submitted by the department solely on the basis of
the medical assistance recipient's failure to obtain prior
authorization for the medical item or service.
(B) For purposes of the requirements in division (A) of this
section, a third party shall treat a managed care organization as
the department for a claim in which both of the following are
true:
(1) The individual who is the subject of the claim received a
medical item or service through a managed care organization that
has entered into a contract with the department of job and family
services under section 5111.16 of the Revised Code;
(2) The department has assigned its right of recovery for the
claim to the managed care organization.
(C) The time limitations associated with the requirements in
divisions (A)(2) and (A)(4) of this section apply only to
submissions of claims to, and payments of claims by, a health
insurer to which 42 U.S.C. 1396a(a)(25)(I) applies.
Sec. 5101.60. As used in sections 5101.60 to 5101.71 of
the
Revised Code:
(A) "Abuse" means the infliction upon an adult by self
or
others of injury, unreasonable confinement, intimidation, or
cruel
punishment with resulting physical harm, pain, or mental
anguish.
(B) "Adult" means any person sixty years of age or older
within this state who is handicapped by the infirmities of aging
or who has a physical or mental impairment which prevents the
person
from providing for the person's own care or protection, and
who resides in
an independent living arrangement. An "independent
living
arrangement" is a domicile of a person's own choosing,
including,
but not limited to, a private home, apartment, trailer,
or
rooming house. Except as otherwise provided in this division,
An
"independent living arrangement" includes a community
alternative
home an adult care facility licensed pursuant to
section 3724.03 Chapter 3722. of the Revised Code, but
does not
include other institutions or facilities licensed by the
state, or
facilities in which a person resides as a result of
voluntary,
civil, or criminal commitment. "Independent living
arrangement"
does include adult care facilities licensed pursuant
to Chapter
3722. of the Revised Code.
(C) "Caretaker" means the person assuming the
responsibility
for the care of an adult on a voluntary basis, by
contract,
through receipt of payment for care, as a result of a
family
relationship, or by order of a court of competent
jurisdiction.
(D) "Court" means the probate court in the county where an
adult resides.
(E) "Emergency" means that the adult is living in
conditions
which present a substantial risk of immediate and
irreparable
physical harm or death to self or any other
person.
(F) "Emergency services" means protective services
furnished
to an adult in an emergency.
(G) "Exploitation" means the unlawful or improper act of a
caretaker using an adult or an adult's resources for
monetary or
personal benefit, profit, or gain.
(H) "In need of protective services" means an adult known
or
suspected to be suffering from abuse, neglect, or exploitation
to
an extent that either life is endangered or physical harm,
mental
anguish, or mental illness results or is likely to result.
(I) "Incapacitated person" means a person who is impaired
for
any reason to the extent that the person lacks sufficient
understanding or capacity to make and carry out reasonable
decisions concerning the person's self or resources,
with or
without the
assistance of a caretaker. Refusal to consent to the
provision
of services shall not be the sole determinative that the
person
is incapacitated. "Reasonable decisions" are decisions made
in
daily living which facilitate the provision of food, shelter,
clothing, and health care necessary for life support.
(J) "Mental illness" means a substantial disorder of
thought,
mood, perception, orientation, or memory that grossly
impairs
judgment, behavior, capacity to recognize reality, or
ability to
meet the ordinary demands of life.
(K) "Neglect" means the failure of an adult to provide for
self the goods or services necessary to avoid physical
harm,
mental anguish, or mental illness or the failure of a caretaker
to
provide such goods or services.
(L) "Peace officer" means a peace officer as defined in
section 2935.01 of the Revised Code.
(M) "Physical harm" means bodily pain, injury, impairment,
or
disease suffered by an adult.
(N) "Protective services" means services provided by the
county department of job and family services or its
designated
agency to
an adult who has been determined by evaluation to
require such
services for the prevention, correction, or
discontinuance of an
act of as well as conditions resulting from
abuse, neglect, or
exploitation. Protective services may include,
but are not
limited to, case work services, medical care, mental
health
services, legal services, fiscal management, home health
care,
homemaker services, housing-related services, guardianship
services, and placement services as well as the provision of such
commodities as food, clothing, and shelter.
(O) "Working day" means Monday, Tuesday, Wednesday,
Thursday,
and Friday, except when such day is a holiday as
defined in
section 1.14 of the Revised Code.
Sec. 5101.61. (A) As used in this section:
(1) "Senior service provider" means any person who
provides
care or services to a person who is an adult as defined
in
division (B) of section 5101.60 of the Revised Code.
(2) "Ambulatory health facility" means a nonprofit, public
or
proprietary freestanding organization or a unit of such an
agency
or organization that:
(a) Provides preventive, diagnostic, therapeutic,
rehabilitative, or palliative items or services furnished to an
outpatient or ambulatory patient, by or under the direction of a
physician or dentist in a facility which is not a part of a
hospital, but which is organized and operated to provide medical
care to outpatients;
(b) Has health and medical care policies which are
developed
with the advice of, and with the provision of review of
such
policies, an advisory committee of professional personnel,
including one or more physicians, one or more dentists, if dental
care is provided, and one or more registered nurses;
(c) Has a medical director, a dental director, if dental
care
is provided, and a nursing director responsible for the
execution
of such policies, and has physicians, dentists,
nursing, and
ancillary staff appropriate to the scope of services
provided;
(d) Requires that the health care and medical care of
every
patient be under the supervision of a physician, provides
for
medical care in a case of emergency, has in effect a written
agreement with one or more hospitals and other centers or
clinics,
and has an established patient referral system to other
resources,
and a utilization review plan and program;
(e) Maintains clinical records on all patients;
(f) Provides nursing services and other therapeutic
services
in accordance with programs and policies, with such
services
supervised by a registered professional nurse, and has a
registered professional nurse on duty at all times of clinical
operations;
(g) Provides approved methods and procedures for the
dispensing and administration of drugs and biologicals;
(h) Has established an accounting and record keeping
system
to determine reasonable and allowable costs;
(i) "Ambulatory health facilities" also includes an
alcoholism treatment facility approved by the joint commission on
accreditation of healthcare organizations as an alcoholism
treatment facility or certified by the department of alcohol and
drug addiction services, and such facility shall comply with
other
provisions of this division not inconsistent with such
accreditation or certification.
(3) "Community mental health facility" means a facility
which
provides community mental health services and is included
in the
comprehensive mental health plan for the alcohol, drug
addiction,
and mental health service district in which it is
located.
(4) "Community mental health service" means services,
other
than inpatient services, provided by a community mental
health
facility.
(5) "Home health agency" means an institution or a
distinct
part of an institution operated in this state which:
(a) Is primarily engaged in providing home health
services;
(b) Has home health policies which are established by a
group
of professional personnel, including one or more duly
licensed
doctors of medicine or osteopathy and one or more
registered
professional nurses, to govern the home health
services it
provides and which includes a requirement that every
patient must
be under the care of a duly licensed doctor of
medicine or
osteopathy;
(c) Is under the supervision of a duly licensed doctor of
medicine or doctor of osteopathy or a registered professional
nurse who is responsible for the execution of such home health
policies;
(d) Maintains comprehensive records on all patients;
(e) Is operated by the state, a political subdivision, or
an
agency of either, or is operated not for profit in this state
and
is licensed or registered, if required, pursuant to law by
the
appropriate department of the state, county, or municipality
in
which it furnishes services; or is operated for profit in this
state, meets all the requirements specified in divisions
(A)(5)(a)
to (d) of this section, and is certified under Title
XVIII of the
"Social Security Act," 49 Stat. 620 (1935), 42
U.S.C. 301, as
amended.
(6) "Home health service" means the following items and
services, provided, except as provided in division (A)(6)(g) of
this section, on a visiting basis in a place of residence used as
the patient's home:
(a) Nursing care provided by or under the supervision of a
registered professional nurse;
(b) Physical, occupational, or speech therapy ordered by
the
patient's attending physician;
(c) Medical social services performed by or under the
supervision of a qualified medical or psychiatric social worker
and under the direction of the patient's attending physician;
(d) Personal health care of the patient performed by aides
in
accordance with the orders of a doctor of medicine or
osteopathy
and under the supervision of a registered professional
nurse;
(e) Medical supplies and the use of medical appliances;
(f) Medical services of interns and residents-in-training
under an approved teaching program of a nonprofit hospital and
under the direction and supervision of the patient's attending
physician;
(g) Any of the foregoing items and services which:
(i) Are provided on an outpatient basis under arrangements
made by the home health agency at a hospital or skilled nursing
facility;
(ii) Involve the use of equipment of such a nature that
the
items and services cannot readily be made available to the
patient
in the patient's place of residence, or which are
furnished at the
hospital or skilled nursing facility while the patient is there
to
receive
any item or service involving the use of such equipment.
Any attorney, physician, osteopath, podiatrist,
chiropractor,
dentist, psychologist, any employee of a hospital
as defined in
section 3701.01 of the Revised Code, any nurse
licensed under
Chapter 4723. of the Revised Code, any employee of
an ambulatory
health facility, any employee of a home health
agency, any
employee of an adult care facility as defined in
section 3722.01
of the Revised Code, any employee of a community
alternative home
as defined in section 3724.01 of the Revised
Code, any employee of
a nursing home, residential care
facility, or home for the
aging,
as defined in section 3721.01 of the Revised Code, any
senior
service provider, any peace officer, coroner, clergyman,
any
employee of a community mental health facility, and any
person
engaged in social work or counseling having reasonable
cause to
believe that an adult is being abused, neglected, or
exploited, or
is in a condition which is the result of abuse,
neglect, or
exploitation shall immediately report such belief to
the county
department of job and family services. This
section does not
apply
to employees of any hospital or public hospital as defined
in
section 5122.01 of the Revised Code.
(B) Any person having reasonable cause to believe that an
adult has suffered abuse, neglect, or exploitation may report, or
cause reports to be made of such belief to the department.
(C) The reports made under this section shall be made
orally
or in writing except that oral reports shall be followed
by a
written report if a written report is requested by the
department.
Written reports shall include:
(1) The name, address, and approximate age of the adult
who
is the subject of the report;
(2) The name and address of the individual responsible for
the adult's care, if any individual is, and if the individual
is
known;
(3) The nature and extent of the alleged abuse, neglect,
or
exploitation of the adult;
(4) The basis of the reporter's belief that the adult has
been abused, neglected, or exploited.
(D) Any person with reasonable cause to believe that an
adult
is suffering abuse, neglect, or exploitation who makes a
report
pursuant to this section or who testifies in any
administrative or
judicial proceeding arising from such a report,
or any employee of
the state or any of its subdivisions who is
discharging
responsibilities under section 5101.62 of the Revised
Code shall
be immune from civil or criminal liability on account
of such
investigation, report, or testimony, except liability for
perjury,
unless the person has acted in bad faith or with
malicious
purpose.
(E) No employer or any other person with the authority to
do
so shall discharge, demote, transfer, prepare a negative work
performance evaluation, or reduce benefits, pay, or work
privileges, or take any other action detrimental to an employee
or
in any way retaliate against an employee as a result of the
employee's having filed a report under this section.
(F) Neither the written or oral report provided for in
this
section nor the investigatory report provided for in section
5101.62 of the Revised Code shall be considered a public record
as
defined in section 149.43 of the Revised Code. Information
contained in the report shall upon request be made available to
the adult who is the subject of the report, to agencies
authorized
by the department to receive information contained in
the report,
and to legal counsel for the adult.
Sec. 5101.83. (A) As used in this section:
(1)
"Assistance group" has the same meaning as in
section
5107.02 of the Revised Code, except that it also means
a group
provided benefits and services under the prevention,
retention,
and contingency program.
(2)
"Fraudulent assistance" means assistance
and service,
including cash assistance, provided under the Ohio
works first
program established under
Chapter 5107., or
benefits and services
provided under the prevention, retention, and contingency program
established under Chapter 5108. of the Revised Code, to or on
behalf of an assistance group that is provided as a result
of
fraud
by a member of the assistance group, including an
intentional
violation of the program's requirements.
"Fraudulent
assistance" does not include cash assistance or
services to or
on
behalf of an
assistance group that is provided as a
result of an
error
that is the fault of a county department of job
and family
services or the state department of job and family
services.
(B) If a county director of
job and family services
determines that an assistance
group has received fraudulent
assistance, the assistance group is
ineligible to participate in
the
Ohio works first program or the prevention, retention, and
contingency program until a
member of the assistance group repays
the cost of the fraudulent assistance. If a member repays the
cost
of the fraudulent assistance and the
assistance group
otherwise
meets the eligibility
requirements for the Ohio works
first
program or the prevention, retention, and contingency
program, the
assistance group shall not be denied the opportunity
to
participate in the program.
This section does not limit the ability of a county
department of
job and family services to recover erroneous
payments under section
5107.76 of the Revised
Code.
The state department of job and family services shall
adopt
rules
in accordance with Chapter 119. of the Revised Code to
implement this section.
Sec. 5101.84. An individual otherwise ineligible for
aid
under
Chapter 5107. or 5108. a Title IV-A program, as defined in
section 5101.80 of the Revised Code, or food stamps
supplemental
nutrition assistance program benefits under the
"Food
Stamp and
Nutrition Act of 1977," 78
Stat. 703, 2008 (7 U.S.C.
2011, as
amended, et seq.) because of paragraph (a) of section 115
of the
"Personal
Responsibility and
Work
Opportunity
Reconciliation
Act
of 1996," 110
Stat. 2105, 21
U.S.C.
862a, is
eligible for the aid
or benefits if the individual meets
all
other
eligibility
requirements for the aid or benefits.
Sec. 5104.051. (A)(1) The department of commerce is
responsible for the
inspections of child day-care
centers as
required by division (A)(1) of section 5104.05 of the
Revised
Code. Where there is a municipal, township, or county
building
department certified under section 3781.10 of the
Revised Code to
exercise enforcement authority with respect to
the category of
building occupancy which includes day-care
centers, all
inspections required under division (A)(1) of
section 5104.05 of
the Revised Code shall be made by that
department according to the
standards established by the board of
building standards.
Inspections in areas of the state where
there is no municipal,
township, or county building department
certified under section
3781.10 of the Revised Code to exercise
enforcement authority with
respect to the category of building
occupancy which includes
day-care centers shall be made by
personnel of the department of
commerce.
Inspections
of centers shall be contingent upon payment
of a fee by the
applicant to the department having jurisdiction to
inspect.
(2) The department of commerce is responsible
for the
inspections of type A family day-care homes as required
by
division (B)(3) of section 5104.05 of the Revised Code. Where
there is a municipal, township, or county building department
certified under section 3781.10 of the Revised Code to exercise
enforcement authority with respect to the category of building
occupancy which includes type A homes, all inspections required
under division (B)(3) of section 5104.05 of the Revised Code
shall
be made by that department according to the standards
established
by the board of building standards. Inspections in
areas of the
state where there is no municipal, township, or
county building
department certified under section 3781.10 of the
Revised Code to
exercise enforcement authority with respect to
the category of
building occupancy which includes type A homes
shall be made by
personnel of the department of
commerce. Inspections of type A
homes shall be contingent upon
payment of a fee by the applicant
to the department having
jurisdiction to inspect.
(B) The state fire marshal is responsible for the
inspections
required by divisions (A)(2) and (B)(1) of section
5104.05 of the
Revised Code. In municipal corporations and in
townships outside
municipal corporations where there is a fire
prevention official,
the inspections shall be made by the fire
chief or the fire
prevention official under the supervision of
and according to the
standards established by the state fire
marshal. In townships
outside municipal corporations where there
is no fire prevention
official, inspections shall be made by the
employees of the state
fire marshal.
(C) The state fire marshal shall enforce all statutes and
rules
pertaining to fire safety and fire prevention in child
day-care
centers and type A family day-care homes. In the event of
a
dispute between the state fire marshal and any other responsible
officer
under sections 5104.05 and 5104.051 of the Revised Code
with
respect to the interpretation or application of a specific
fire
safety statute or rule, the interpretation of the state fire
marshal shall
prevail.
(D) As used in this division, "licensor" has the same meaning
as in section
3717.01 of the Revised Code.
The licensor for food service operations in the city or
general health
district in which the center is located is
responsible for the inspections
required under Chapter 3717. of
the Revised Code.
(E) Any moneys collected by the department of commerce under
this
section shall be paid into the state treasury to the credit
of the industrial
compliance labor operating fund created in
section 121.084 of the Revised
Code.
Sec. 5107.05. The director of job
and family services shall
adopt rules to implement this chapter. The rules shall be
consistent with Title IV-A, Title
IV-D, federal regulations, state
law, the Title
IV-A state plan submitted to
the United States
secretary of health and human services under section 5101.80
of
the
Revised Code, amendments to the
plan, and waivers granted by
the
United States secretary. Rules
governing eligibility, program
participation, and other
applicant and participant requirements
shall be adopted in
accordance with Chapter 119. of
the Revised
Code. Rules governing
financial and other administrative
requirements applicable to
the department of job and family
services and county departments of
job and family services shall
be
adopted in accordance with section 111.15 of the
Revised Code.
(A) The rules shall specify, establish, or govern all of the
following:
(1) A payment standard for Ohio works first based on
federal
and state appropriations that is increased in accordance with
section 5107.04 of the Revised Code;
(2) For the purpose of section 5107.04 of the Revised
Code,
the method of determining the amount of cash
assistance an
assistance group receives under Ohio works first;
(3) Requirements for initial and continued eligibility
for
Ohio works first, including requirements regarding income,
citizenship, age, residence, and assistance group composition;
(4) For the purpose of section 5107.12 of the
Revised Code,
application and
verification procedures, including the minimum
information an
application must contain;
(5) The extent to which a participant of Ohio works first
must
notify, pursuant to section 5107.12 of the
Revised Code, a
county department of job and family
services of additional income
not previously reported to
the county department;
(6) For the purpose of section 5107.16 of the Revised Code,
standards all of the following:
(a) Standards for the determination of good cause for failure
or
refusal to comply in full with a provision of a
self-sufficiency
contract;
(b) The compliance form a member of an assistance group may
complete to indicate willingness to come into full
compliance
with a provision of a self-sufficiency contract;
(c) The manner by which the compliance form is to be
completed and provided to a county department of job and family
services.
(7) The department of job and family services providing
written
notice of a sanction under section 5107.161 of the Revised
Code;
(8) For the purpose of division (A)(2) of section 5107.17 of
the Revised Code, the period of time by which a county department
of job and family services is to receive a compliance form
established in rules adopted under division (A)(6)(b) of this
section;
(9) Requirements for the collection and distribution of
support payments owed participants of Ohio works first pursuant to
section 5107.20 of the
Revised Code;
(9)(10) For the purpose of section 5107.22 of the
Revised
Code,
what constitutes
cooperating in establishing a minor
child's
paternity or
establishing, modifying, or enforcing a
child support
order and
good cause for failure or refusal to
cooperate;
(10)(11) The requirements governing the LEAP program,
including
the
definitions of "equivalent of a high school
diploma" and
"good
cause," and the incentives provided under the
LEAP program;
(11)(12) If the director implements section 5107.301 of the
Revised Code, the requirements governing the award provided under
that section, including the form that the award is to take and
requirements an individual must satisfy to receive the award;
(12)(13) Circumstances under which a county department
of job
and family services may
exempt a minor head of household or adult
from participating in a work
activity or developmental activity
for all or some of the weekly hours
otherwise required by section
5107.43 of the
Revised Code.
(13)(14) The maximum amount of time the department will
subsidize
positions created by state agencies and political
subdivisions
under division (C) of section 5107.52 of the
Revised
Code;
(14)(15) The implementation of sections 5107.71 to 5107.717
of
the Revised Code by county departments of job and family
services;
(15)(16) A domestic violence screening process to be used for
the
purpose of division (A) of section 5107.71 of the Revised
Code;
(16)(17) The minimum frequency with which county departments
of
job and family services must redetermine a member of an
assistance
group's need for a waiver issued under section
5107.714 of the
Revised Code.
(B) The rules adopted under division (A)(3) of this section
regarding income shall specify what is countable income, gross
earned income, and gross unearned income for the purpose of
section 5107.10 of the Revised Code.
The rules adopted under division (A)(9)(10) of this section
shall
be consistent with 42 U.S.C. 654(29).
The rules adopted under division (A)(12)(13) of this section
shall specify that the circumstances include that a school or
place of work is closed due to a holiday or weather or other
emergency and that an employer grants the minor head of household
or adult leave for illness or earned vacation.
(C) The rules may
provide that a county department of job and
family
services is not
required to take action under section
5107.76 of the
Revised Code to recover an erroneous
payment that
is below an amount the department specifies.
Sec. 5107.16. (A) If a
member of an assistance group fails
or refuses, without good
cause, to comply in full with a provision
of a self-sufficiency
contract entered into under section 5107.14
of the
Revised Code, a county department of job and family
services shall
sanction the assistance group as follows:
(1) For a first failure or refusal, the county department
shall deny or terminate the assistance group's eligibility to
participate in Ohio works first for one payment month or until the
failure or refusal ceases, whichever is longer;
(2) For a second failure or refusal, the county
department
shall deny or terminate the assistance group's eligibility to
participate in Ohio works first for three payment months or until
the failure or refusal ceases, whichever is longer;
(3) For a third or subsequent failure or refusal, the
county
department shall deny or terminate the assistance group's
eligibility to participate in Ohio works first for six payment
months or until the failure or refusal ceases, whichever is
longer.
(B) The director of job and family
services shall establish
standards for the
determination of good
cause for failure or
refusal to comply in
full with a provision of
a self-sufficiency
contract in rules adopted under section 5107.05
of the Revised
Code.
(C) The director of job and family services shall provide a
compliance form established in rules adopted under section 5107.05
of the Revised Code to an assistance group member who fails or
refuses, without good cause, to comply in full with a provision of
a self-sufficiency contract. The member's failure or refusal to
comply in full with the provision shall be deemed to have ceased
on the date a county department of job and family services
receives the compliance form from the member if the compliance
form is completed and provided to the county department in the
manner specified in rules adopted under section 5107.05 of the
Revised Code.
(D)
After sanctioning an
assistance group under division
(A)
of this section, a county
department of job and family services
shall continue to
work with the assistance
group.
(D)(E) An adult eligible for medicaid
pursuant to
division
(A)(1)(a)
of section 5111.01 of the
Revised
Code who is sanctioned
under
division (A)(3) of this section
for a
failure or refusal,
without good cause, to comply in full
with a
provision of a
self-sufficiency contract related to work
responsibilities under
sections 5107.40 to 5107.69 of the
Revised
Code loses eligibility
for
medicaid unless the
adult is otherwise eligible for
medicaid
pursuant to another division of section
5111.01 of the Revised
Code.
An assistance group that would be participating in
Ohio
works first if not for a sanction under this section shall
continue to be eligible for all of the following:
(1) Publicly funded child care in accordance with division
(A)(3) of section 5104.30 of the Revised Code;
(2) Support services in accordance with section 5107.66 of
the
Revised Code;
(3) To the extent permitted by the "Fair Labor
Standards Act
of 1938," 52 Stat. 1060, 29 U.S.C.
201, as amended, to
participate in work activities, developmental activities,
and
alternative work activities in accordance with sections 5107.40 to
5107.69 of the Revised Code.
Sec. 5107.17. An assistance group that resumes participation
in
Ohio works first following
a sanction under section 5107.16 of
the Revised Code is not
required to do either of the following:
(A) Reapply under section 5107.12 of the Revised Code, unless
it either of the following applies:
(1) It
is the assistance group's regularly scheduled time for
an
eligibility
redetermination;
(2) The county department of job and family services does not
receive the completed compliance form established in rules adopted
under section 5107.05 of the Revised Code within the period of
time specified in rules adopted under that section.
(B) Enter into a new self-sufficiency contract under section
5107.14 of the Revised Code, unless the county department of job
and family services
determines it is time for a new appraisal
under section 5107.41 of the
Revised Code or the assistance
group's circumstances have
changed in a manner necessitating an
amendment to the self-sufficiency
contract as determined using
procedures included in
the contract under division (B)(9) of
section 5107.14 of the
Revised Code.
Sec. 5107.58. In
accordance with a federal waiver granted by
the United
States secretary of health and human services pursuant
to a request
made under former section 5101.09 of the Revised
Code, county departments of
job and family services may establish
and administer as a
work activity for minor heads
of households
and adults participating in
Ohio works first an education program
under which the participant is enrolled full-time in
post-secondary education
leading to vocation
at a state
institution of higher education, as defined in section
3345.031 of
the Revised
Code; a private nonprofit college or
university that
possesses a certificate of authorization issued by the
Ohio board
of regents pursuant to
Chapter 1713. of the
Revised Code,
or is
exempted by division (E) of section
1713.02 of the Revised
Code
from the requirement of a certificate; a
school that holds a
certificate of registration and program authorization
issued by
the state board of
career colleges
and schools under
Chapter
3332.
of the
Revised Code;
a private
institution exempt from
regulation
under Chapter 3332. of the
Revised Code as prescribed
in section
3333.046 of the Revised
Code; or a
school that has
entered into a
contract with the county
department
of
job and
family services.
The participant shall make
reasonable
efforts,
as
determined by
the county department, to
obtain a an applicable loan,
scholarship, grant, or
other assistance to pay for
the
tuition,
including a federal Pell grant
under 20
U.S.C.A.
1070a, an
Ohio
instructional grant under
section 3333.12 of the
Revised Code, and
an Ohio college opportunity grant, a private higher education
need-based financial aid block grant program grant, and a
career-college needs-based financial aid block grant program grant
under section 3333.122 of the Revised Code. If
the participant has
made reasonable efforts but
is
unable to
obtain sufficient
assistance to pay the tuition the
program may
pay the tuition. On
or after October 1, 1998, the
county
department
may enter into a
loan agreement with the
participant to
pay the tuition. The total
period for
which
tuition is paid and
loans made shall not exceed
two years.
If
the participant,
pursuant to division
(B)(3) of
section 5107.43 of
the Revised
Code, volunteers to participate
in
the education
program for more
hours each week than the
participant is assigned
to the program,
the program may pay or the
county
department may
loan the
cost of
the tuition for the
additional voluntary hours as
well
as the cost
of the tuition for
the assigned number of hours.
The participant
may receive, for not
more than
three years,
support services,
including publicly funded
child
care under
Chapter 5104. of
the Revised Code and
transportation, that
the
participant needs to
participate in the
program. To receive
support services in the
third year, the
participant must be, as
determined by the
educational institution
in which the participant
is enrolled, in
good standing with the
institution.
A county department that provides loans under this section
shall establish
procedures governing loan application for and
approval and administration of
loans granted pursuant to this
section.
Sec. 5111.01. As used in this chapter,
"medical assistance
program" or
"medicaid" means the program that
is authorized by
this
chapter and provided by
the department
of
job and
family
services under this chapter, Title XIX of
the
"Social
Security
Act,"
79 Stat.
286 (1965), 42 U.S.C.A.
1396,
as
amended, and
the
waivers of
Title
XIX requirements
granted to
the
department by
the
centers for medicare and
medicaid services of the
United
States
department of health and
human
services.
The department of job and family services shall act as the
single state agency to supervise the administration of the
medicaid program. As the single state agency, the department
shall
comply with 42 C.F.R. 431.10(e). The department's rules
governing
medicaid are binding on other agencies that administer
components
of the medicaid program. No agency may establish, by
rule or
otherwise, a policy governing medicaid that is
inconsistent with a
medicaid policy established, in rule or
otherwise, by the director
of job and family services.
(A) The department of job and family
services may provide
medical
assistance under the medicaid program
as long as
federal
funds are provided for such assistance, to the
following:
(1)
Families with children that meet either of the following
conditions:
(a) The family meets the income, resource, and
family
composition requirements in effect on
July 16, 1996, for the
former
aid to dependent children program as those requirements
were
established by Chapter 5107. of
the Revised
Code, federal
waivers granted
pursuant to requests made under former section
5101.09 of the
Revised
Code, and rules adopted by the
department
or any changes the department makes to those requirements in
accordance with paragraph (a)(2) of section 114 of the
"Personal
Responsibility and Work
Opportunity Reconciliation Act of 1996,"
110
Stat. 2177, 42 U.S.C.A.
1396u-1, for the purpose of
implementing section 5111.019
of the Revised Code. An adult loses
eligibility for
medicaid
under division
(A)(1)(a)
of
this section
pursuant to division
(D)(E) of section
5107.16 of
the
Revised
Code.
(b) The family does not meet the requirements
specified in
division
(A)(1)(a)
of this section but is
eligible for medicaid
pursuant to section 5101.18 of the Revised
Code.
(2) Aged, blind, and disabled persons who meet the
following
conditions:
(a) Receive federal aid under Title XVI of the
"Social
Security Act," or are eligible for but are not receiving such
aid,
provided that the income from all other sources for
individuals
with independent living arrangements shall not exceed
one hundred
seventy-five dollars per month. The income standards
hereby
established shall be adjusted annually at the rate that is
used by
the United States department of health
and human services to
adjust the
amounts payable under Title XVI.
(b) Do not receive aid under Title XVI, but meet any of the
following
criteria:
(i) Would be eligible to receive such aid, except that
their
income, other than that excluded from consideration as
income
under Title XVI, exceeds the maximum under division
(A)(2)(a) of
this section, and incurred expenses for medical
care, as
determined under federal regulations applicable to
section 209(b)
of the
"Social Security Amendments of 1972," 86
Stat. 1381, 42
U.S.C.A. 1396a(f), as amended, equal or exceed the
amount by which
their income exceeds the maximum under division
(A)(2)(a) of this
section;
(ii) Received aid for the aged, aid to the blind, or aid
for
the permanently and totally disabled prior to January 1,
1974, and
continue to meet all the same eligibility requirements;
(iii) Are eligible for medicaid pursuant
to
section
5101.18
of the Revised Code.
(3) Persons to whom federal law requires, as a condition
of
state participation in the medicaid program, that medicaid be
provided;
(4) Persons under age twenty-one who meet the income
requirements for the
Ohio works first program established under
Chapter 5107. of
the
Revised Code but do not meet other
eligibility
requirements for the program.
The director shall
adopt rules in accordance with
Chapter
119. of the Revised Code
specifying which
Ohio works first requirements shall be waived for
the purpose of
providing
medicaid eligibility under division
(A)(4) of this section.
(B) If sufficient funds are appropriated for the medicaid
program, the department may
provide medical assistance under the
medicaid program
to
persons
in groups designated by federal law
as groups to which a
state, at
its option, may provide medical
assistance
under the
medicaid
program.
(C) The department
may expand
eligibility for the medicaid
program to include
individuals under age
nineteen with family
incomes at or below
one
hundred fifty per
cent of the federal
poverty guidelines,
except
that the
eligibility expansion shall
not occur unless the
department
receives the approval of the
federal government. The
department
may implement the eligibility
expansion authorized
under this
division on any date selected by
the department, but
not sooner
than January 1,
1998.
(D) In addition to
any other authority or requirement to
adopt rules under this
chapter, the director may adopt rules in
accordance
with
section 111.15 of the Revised
Code as the director
considers necessary to establish
standards, procedures, and other
requirements regarding the
provision of medical assistance under
the medicaid program. The
rules may establish
requirements to be
followed in applying for
medicaid,
making
determinations of
eligibility for
medicaid, and
verifying eligibility for medicaid.
The rules
may
include special conditions as the
department
determines
appropriate for making applications,
determining
eligibility,
and
verifying eligibility for any medical
assistance
that the
department may provide under the medicaid program
pursuant to
division
(C) of this section and section 5111.014 or
5111.019 of
the
Revised Code.
Sec. 5111.015. (A) If the United States secretary of
health
and human services grants a waiver of any contrary federal
requirements governing the medical assistance program or the
director of job and family services determines that there
are no
contrary
federal requirements, divisions (A)(1) and (2) of this
section
apply to determinations of eligibility under this chapter:
(1) In determining the eligibility of an assistance group
for
assistance under this chapter, the department of job and
family
services shall exclude from the income and resources applicable
to
the assistance group the value of any tuition payment contract
entered into under section 3334.09 of the Revised Code or any
scholarship awarded under section 3334.18 of the Revised Code and
the amount of payments made by the Ohio tuition trust authority
under section 3334.09 of the Revised Code pursuant to the
contract
or scholarship.
(2) The department shall not require any person to
terminate
a tuition payment contract entered into under Chapter
3334. of the
Revised Code as a condition of an assistance group's
eligibility
for assistance under this chapter.
(B) To the extent required by federal law, the department
shall include as income any refund paid under section 3334.10 of
the Revised Code to a member of the assistance group.
(C) Not later than sixty days after July 1, 1994,
the
department shall
apply to the
United States department of health
and human services for a
waiver of any federal requirements that
otherwise would be
violated by implementation of division (A) of
this section.
Sec. 5111.032. (A) As used in this section:
(1) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(2) "Department" includes a designee of the department of job
and family services.
(3) "Owner" means a person who has an ownership interest in a
provider in an amount designated by the department of job and
family services in rules adopted under this section.
(4) "Provider" means a person, institution, or entity that
has a provider agreement with the department of job and family
services pursuant to Title XIX of the "Social Security Act," 49
State. 620 (1965), 42 U.S.C. 1396, as amended.
(B)(1) Except as provided in division (B)(2) of this section,
the department of job and family services may require that any
provider, applicant to be a provider, employee or prospective
employee of a provider, owner or prospective owner of a provider,
officer or prospective officer of a provider, or board member or
prospective board member of a provider submit to a criminal
records check as a condition of obtaining a provider agreement,
continuing to hold a provider agreement, being employed by a
provider, having an ownership interest in a provider, or being an
officer or board member of a provider. The department may
designate the categories of persons who are subject to the
criminal records check requirement. The department shall designate
the times at which the criminal records checks must be conducted.
(2) The section does not apply to providers, applicants to be
providers, employees of a provider, or prospective employees of a
provider who are subject to criminal records checks under section
5111.033 or 5111.034 of the Revised Code.
(C)(1) The department shall inform each provider or applicant
to be a provider whether the provider or applicant is subject to a
criminal records check requirement under division (B) of this
section. For providers, the information shall be given at times
designated in rules adopted under this section. For applicants to
be providers, the information shall be given at the time of
initial application. When the information is given, the department
shall specify which of the provider's or applicant's employees or
prospective employees, owners or prospective owners, officers or
prospective officers, or board members or prospective board
members are subject to the criminal records check requirement.
(2) At times designated in rules adopted under this section,
a provider that is subject to the criminal records check
requirement shall inform each person specified by the department
under division (C)(1) of this section that the person is required,
as applicable, to submit to a criminal records check for final
consideration for employment in a full-time, part-time, or
temporary position; as a condition of continued employment; or as
a condition of becoming or continuing to be an officer, board
member or owner of a provider.
(D)(1) If a provider or applicant to be a provider is subject
to a criminal records check under this section, the department
shall require the conduct of a criminal records check by the
superintendent of the bureau of criminal identification and
investigation. If a provider or applicant to be a provider for
whom a criminal records check is required does not present proof
of having been a resident of this state for the five-year period
immediately prior to the date the criminal records check is
requested or provide evidence that within that five-year period
the superintendent has requested information about the individual
from the federal bureau of investigation in a criminal records
check, the department shall require the provider or applicant to
request that the superintendent obtain information from the
federal bureau of investigation as part of the criminal records
check of the provider or applicant. Even if a provider or
applicant for whom a criminal records check request is required
presents proof of having been a resident of this state for the
five-year period, the department may require that the provider or
applicant request that the superintendent obtain information from
the federal bureau of investigation and include it in the criminal
records check of the provider or applicant.
(2) A provider shall require the conduct of a criminal
records check by the superintendent with respect to each of the
persons specified by the department under division (C)(1) of this
section. If the person for whom a criminal records check is
required does not present proof of having been a resident of this
state for the five-year period immediately prior to the date the
criminal records check is requested or provide evidence that
within that five-year period the superintendent of the bureau of
criminal identification and investigation has requested
information about the individual from the federal bureau of
investigation in a criminal records check, the individual shall
request that the superintendent obtain information from the
federal bureau of investigation as part of the criminal records
check of the individual. Even if an individual for whom a criminal
records check request is required presents proof of having been a
resident of this state for the five-year period, the department
may require the provider to request that the superintendent obtain
information from the federal bureau of investigation and include
it in the criminal records check of the person.
(E)(1) Criminal records checks required under this section
for providers or applicants to be providers shall be obtained as
follows:
(a) The department shall provide each provider or applicant
information about accessing and completing the form prescribed
pursuant to division (C)(1) of section 109.572 of the Revised Code
and the standard fingerprint impression sheet prescribed pursuant
to division (C)(2) of that section.
(b) The provider or applicant shall submit the required form
and one complete set of fingerprint impressions directly to the
superintendent for purposes of conducting the criminal records
check using the applicable methods prescribed by division (C) of
section 109.572 of the Revised Code. The applicant or provider
shall pay all fees associated with obtaining the criminal records
check.
(c) The superintendent shall conduct the criminal records
check in accordance with section 109.572 of the Revised Code. The
provider or applicant shall instruct the superintendent to submit
the report of the criminal records check directly to the director
of job and family services.
(2) Criminal records checks required under this section for
persons specified by the department under division (C)(1) of this
section shall be obtained as follows:
(a) The provider shall give to each person subject to
criminal records check requirement information about accessing and
completing the form prescribed pursuant to division (C)(1) of
section 109.572 of the Revised Code and the standard fingerprint
impression sheet prescribed pursuant to division (C)(2) of that
section.
(b) The person shall submit the required form and one
complete set of fingerprint impressions directly to the
superintendent for purposes of conducting the criminal records
check using the applicable methods prescribed by division (C) of
section 109.572 of the Revised Code. The person shall pay all fees
associated with obtaining the criminal records check.
(c) The superintendent shall conduct the criminal records
check in accordance with section 109.572 of the Revised Code. The
person subject to the criminal records check shall instruct the
superintendent to submit the report of the criminal records check
directly to the provider. The department may require the provider
to submit the report to the department.
(F) If a provider or applicant to be a provider is given the
information specified in division (E)(1)(a) of this section but
fails to obtain a criminal records check, the department shall, as
applicable, terminate the provider agreement or deny the
application to be a provider.
If a person is given the information specified in division
(E)(2)(a) of this section but fails to obtain a criminal records
check, the provider shall not, as applicable, permit the person to
be an employee, owner, officer, or board member of the provider.
(G) Except as provided in rules adopted under division (J) of
this section, the department shall terminate the provider
agreement of a provider or the department shall not issue a
provider agreement to an applicant if the provider or applicant is
subject to a criminal records check under this section and the
provider or applicant has been convicted of, has pleaded guilty
to, or has been found eligible for intervention in lieu of
conviction for any of the following:
(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,
2903.21, 2903.211, 2903.22,
2903.34, 2905.01, 2905.02, 2905.05,
2905.11, 2905.12, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06,
2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.24,
2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,
2911.02, 2911.11, 2911.12,
2911.13, 2913.02, 2913.03, 2913.04,
2913.05, 2913.11, 2913.21, 2913.31, 2913.32,
2913.40, 2913.41,
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,
2917.31,
2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,
2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,
2925.23, 2927.12, or
3716.11 of the Revised Code, felonious
sexual penetration in
violation of former section 2907.12 of the
Revised Code, a
violation of section 2905.04 of the Revised Code
as it existed
prior to July 1, 1996, a violation of section
2919.23 of the
Revised Code that would have been a violation of
section 2905.04
of the Revised Code as it existed prior to July
1, 1996, had the
violation been committed prior to that date;
(2) An A violation of an existing or former municipal
ordinance or law of this state, any other state,
or the United
States that is substantially equivalent to any of
the offenses
listed in division (G)(1) of this section.
(H)(1)(a) Except as provided in rules adopted under division
(J) of this section and subject to division (H)(2) of this
section, no provider shall permit a person to be an employee,
owner, officer, or board member of the provider if the person is
subject to a criminal records check under this section and the
person has been convicted of, has pleaded guilty to, or has been
found eligible for intervention in lieu of conviction for any of
the offenses specified in division (G)(1) or (2) of this section.
(b) No provider shall employ a person who has been excluded
from participating in the medicaid program, the medicare program
operated pursuant to Title XVIII of the "Social Security Act," or
any other federal health care program.
(2)(a) A provider may employ conditionally a person for whom
a criminal records check is required under this section prior to
obtaining the results of a criminal records check regarding the
person, but only if the person submits a request for a criminal
records check not later than five business days after the
individual begins conditional employment.
(b) A provider that employs a person conditionally under
authority of division (H)(2)(a) of this section shall terminate
the person's employment if the results of the criminal records
check request are not obtained within the period ending sixty days
after the date the request is made. Regardless of when the results
of the criminal records check are obtained, if the results
indicate that the individual has been convicted of, has pleaded
guilty to, or has been found eligible for intervention in lieu of
conviction for any of the offenses specified in division (G)(1) or
(2) of this section, the provider shall terminate the person's
employment unless the provider chooses to employ the individual
pursuant to division (J) of this section.
(I) The report of a criminal records check conducted pursuant
to this section is not a public record for the purposes of section
149.43 of the Revised Code and shall not be made available to any
person other than the following:
(1) The person who is the subject of the criminal records
check or the person's representative;
(2) The director of job and family services and the staff of
the department in the administration of the medicaid program;
(3) A court, hearing officer, or other necessary individual
involved in a case dealing with the denial or termination of a
provider agreement;
(4) A court, hearing officer, or other necessary individual
involved in a case dealing with a person's denial of employment,
termination of employment, or employment or unemployment benefits.
(J) The department may adopt rules in accordance with Chapter
119. of the Revised Code to implement this section. The rules may
specify circumstances under which the department may continue a
provider agreement or issue a provider agreement to an applicant
when the provider or applicant has been convicted of, has pleaded
guilty to, or has been found eligible for intervention in lieu of
conviction for any of the offenses specified in division (G)(1) or
(2) of this section. The rules may also specify circumstances
under which a provider may permit a person to be an employee,
owner, officer, or board member of the provider, when the person
has been convicted of, has pleaded guilty to, or has been found
eligible for intervention in lieu of conviction for any of the
offenses specified in division (G)(1) or (2) of this section.
Sec. 5111.033. (A) As used in this section:
(1) "Applicant" means a person who is under final
consideration for employment or, after September 26, 2003, an
existing employee with a waiver
agency in a full-time, part-time,
or temporary position that
involves providing home and
community-based waiver services to a
person with disabilities.
"Applicant" also means an existing
employee with a waiver agency
in a full-time, part-time, or
temporary position that involves
providing home and
community-based waiver services to a person
with disabilities
after September 26, 2003.
(2) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(3) "Waiver agency" means a person or government entity that
is not certified under the medicare program and is accredited by
the community health accreditation program or the joint commission
on accreditation of health care organizations or a company that
provides home and community-based waiver services to persons with
disabilities through department of job and family services
administered home and community-based waiver programs.
(4) "Home and community-based waiver services" means services
furnished under the provision of 42 C.F.R. 441, subpart G, that
permit individuals to live in a home setting rather than a nursing
facility or hospital. Home and community-based waiver services are
approved by the centers for medicare and medicaid for specific
populations and are not otherwise available under the medicaid
state plan.
(B)(1) The chief administrator of a waiver agency shall
require each applicant to request that the superintendent of the
bureau of criminal identification and investigation conduct a
criminal records check with respect to the applicant. If an
applicant for whom a criminal records check request is required
under this division does not present proof of having been a
resident of this state for the five-year period immediately prior
to the date the criminal records check is requested or provide
evidence that within that five-year period the superintendent has
requested information about the applicant from the federal bureau
of investigation in a criminal records check, the chief
administrator shall require the applicant to request that the
superintendent obtain information from the federal bureau of
investigation as part of the criminal records check of the
applicant. Even if an applicant for whom a criminal records check
request is required under this division presents proof of having
been a resident of this state for the five-year period, the chief
administrator may require the applicant to request that the
superintendent include information from the federal bureau of
investigation in the criminal records check.
(2) The chief administrator shall provide the following to
each applicant for whom a criminal records
check request
is
required under division (B)(1) of this section:
(a) Information about accessing, completing, and forwarding
to the superintendent of the bureau of criminal identification and
investigation the form prescribed pursuant to division (C)(1) of
section 109.572 of the Revised Code and the standard fingerprint
impression sheet prescribed pursuant to division (C)(2) of that
section;
(b) Written notification that the applicant is to
instruct
the superintendent to submit the completed report of the
criminal
records check directly to the chief administrator.
(3) An applicant given
information and notification under
divisions (B)(2)(a) and (b) of
this section who fails to access,
complete, and forward to the
superintendent the form or the
standard fingerprint impression
sheet, or who fails to instruct
the superintendent to submit the
completed report of the criminal
records check directly to the
chief administrator, shall not be
employed in any position in a
waiver agency for which a criminal
records check is required by
this section.
(C)(1) Except as provided in rules adopted by the department
of job and family services in accordance with division (F) of this
section and subject to division (C)(2) of this section, no waiver
agency shall employ a person in a position that involves providing
home and community-based waiver services to persons with
disabilities if the person has been convicted of, has pleaded
guilty to, or has been found eligible for intervention in lieu of
conviction for any of the following:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,
2903.21, 2903.211, 2903.22,
2903.34, 2905.01, 2905.02, 2905.05,
2905.11, 2905.12, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06,
2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.24,
2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,
2911.02, 2911.11, 2911.12,
2911.13, 2913.02, 2913.03, 2913.04,
2913.05, 2913.11, 2913.21, 2913.31, 2913.32,
2913.40, 2913.41,
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,
2917.31,
2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,
2923.03,
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,
2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,
2925.23, 2927.12, or
3716.11 of the Revised Code, felonious
sexual penetration in
violation of former section 2907.12 of the
Revised Code, a
violation of section 2905.04 of the Revised Code
as it existed
prior to July 1, 1996, a violation of section
2919.23 of the
Revised Code that would have been a violation of
section 2905.04
of the Revised Code as it existed prior to July
1, 1996, had the
violation been committed prior to that date;
(b) An A violation of an existing or former municipal
ordinance or law of this state, any other state,
or the United
States that is substantially equivalent to any of
the offenses
listed in division (C)(1)(a) of this section.
(2)(a) A waiver agency may employ conditionally an applicant
for whom a criminal records check request is required under
division (B) of this section prior to obtaining the results of a
criminal records check regarding the individual, provided that the
agency shall require the individual to request a criminal records
check regarding the individual in accordance with division (B)(1)
of this section not later than five business days after the
individual begins conditional employment.
(b) A waiver agency that employs an individual conditionally
under authority of division (C)(2)(a) of this section shall
terminate the individual's employment if the results of the
criminal records check request under division (B) of this section,
other than the results of any request for information from the
federal bureau of investigation, are not obtained within the
period ending sixty days after the date the request is made.
Regardless of when the results of the criminal records check are
obtained, if the results indicate that the individual has been
convicted of, has pleaded guilty to, or has been found eligible
for intervention in lieu of conviction for any of the offenses
listed or described in division (C)(1) of this section, the agency
shall terminate the individual's employment unless the agency
chooses to employ the individual pursuant to division (F) of this
section.
(D)(1) The fee prescribed pursuant
to division (C)(3) of
section 109.572 of the Revised Code for each
criminal records
check conducted pursuant to a request made under
division (B) of
this section shall be paid to the bureau of
criminal
identification and investigation by the applicant or the
waiver
agency.
(2) If a waiver agency pays the fee, it may charge the
applicant a fee not exceeding the amount the agency pays under
division (D)(1) of this section. An agency may collect a fee only
if the agency notifies the person at the time of initial
application for employment of the amount of the fee and that,
unless the fee is paid, the person will not be considered for
employment.
(E) The report of any criminal records check conducted
pursuant to a request made under this section is not a public
record for the purposes of section 149.43 of the Revised Code and
shall not be made available to any person other than the
following:
(1) The individual who is the subject of the criminal records
check or the individual's representative;
(2) The chief administrator of the agency requesting the
criminal records check or the administrator's representative;
(3) An administrator at the department;
(4) A court, hearing officer, or other necessary individual
involved in a case dealing with a denial of employment of the
applicant or dealing with employment or unemployment benefits of
the applicant.
(F) The department shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement this section. The
rules shall specify circumstances under which a waiver agency may
employ a person who has been convicted of, has pleaded guilty
to,
or has been found eligible for intervention in lieu of
conviction
for an offense listed or described in division (C)(1)
of this
section.
(G) The chief administrator of a waiver agency shall inform
each person, at the time of initial application for a position
that involves providing home and community-based waiver services
to a person with a disability, that the person is required to
provide a set of fingerprint impressions and that a criminal
records check is required to be conducted if the person comes
under final consideration for employment.
(H)(1) A person who, on
September 26, 2003, is an employee
of a waiver agency in a
full-time, part-time, or temporary
position that involves
providing home and community-based waiver
services to a person
with disabilities shall comply with this
section within sixty days
after September 26, 2003,
unless
division (H)(2) of this section applies.
(2) This section shall not apply to a person to whom all of
the following apply:
(a) On September 26, 2003,
the person is an employee of a
waiver agency in a full-time,
part-time, or temporary position
that involves providing home and
community-based waiver services
to a person with disabilities.
(b) The person previously had been the subject of a criminal
background check relating to that position;
(c) The person has been continuously employed in that
position since that criminal background check had been conducted.
Sec. 5111.034. (A) As used in this section:
(1) "Anniversary date" means the later of the effective date
of the provider agreement relating to the independent provider or
sixty days after September 26,
2003.
(2) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(3) "Department" includes a designee of
the department of
job and family services.
(4) "Independent provider" means a person who is submitting
an application for a provider agreement or who has a provider
agreement as an independent provider in a department of job and
family services administered home and community-based services
program providing home and community-based waiver services to
consumers with disabilities.
(5) "Home and community-based waiver services" has the same
meaning as in section 5111.033 of the Revised Code.
(B)(1) The department of job and family services shall inform
each independent provider, at the time of initial application for
a provider agreement that involves providing home and
community-based waiver services to consumers with disabilities,
that the independent provider is required to provide a set of
fingerprint impressions and that a criminal records check is
required to be conducted if the person is to become an independent
provider in a department administered home and community-based
waiver program.
(2) Beginning on September
26, 2003, the department shall
inform each enrolled medicaid
independent provider on or before
time of the anniversary date of
the provider agreement that
involves providing home and
community-based waiver services to
consumers with disabilities
that the independent provider is
required to provide a set of
fingerprint impressions and that a
criminal records check is
required to be conducted.
(C)(1) The department shall require the independent provider
to complete a criminal records check prior to entering into a
provider agreement with the independent provider and at least
annually thereafter. If an independent provider for whom a
criminal records check is required under this division does not
present proof of having been a resident of this state for the
five-year period immediately prior to the date the criminal
records check is requested or provide evidence that within that
five-year period the superintendent of the bureau of criminal
identification and investigation has requested information about
the independent provider from the federal bureau of
investigation
in a criminal records check, the department shall
request that
the independent provider obtain through the
superintendent a
criminal records request from the federal bureau
of investigation
as part of the criminal records check of the
independent
provider. Even if an independent provider for whom a
criminal
records check request is required under this division
presents
proof of having been a resident of this state for the
five-year
period, the department may request that the independent
provider
obtain information through the superintendent from the
federal
bureau of investigation in the criminal records check.
(2) The department shall provide the following to each
independent provider for whom
a criminal records
check request
is required under division (C)(1)
of this section:
(a) Information about accessing, completing, and forwarding
to the superintendent of the bureau of criminal identification and
investigation the form prescribed pursuant to division (C)(1) of
section 109.572 of the Revised Code and the standard fingerprint
impression sheet prescribed pursuant to division (C)(2) of that
section;
(b) Written notification that the independent provider
is to
instruct the superintendent to submit the completed report
of the
criminal records check directly to the department.
(3) An independent provider given information and
notification under divisions (C)(2)(a)
and (b) of this section
who fails to access, complete, and forward
to the superintendent
the form or the standard fingerprint
impression sheet, or who
fails to instruct the superintendent to
submit the completed
report of the criminal records check directly
to the department,
shall not be approved as an independent
provider.
(D) Except as provided in rules adopted by the department in
accordance with division (G) of this section, the department shall
not issue a new provider agreement to, and shall terminate an
existing provider agreement of, an independent provider if the
person has been convicted of, has pleaded guilty to, or has
been
found eligible for intervention in lieu of conviction for any
of
the following:
(1) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,
2903.21, 2903.211, 2903.22,
2903.34, 2905.01, 2905.02, 2905.05,
2905.11, 2905.12, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06,
2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.24,
2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,
2911.02, 2911.11, 2911.12,
2911.13, 2913.02, 2913.03, 2913.04,
2913.05, 2913.11, 2913.21, 2913.31, 2913.32,
2913.40, 2913.41,
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,
2917.31,
2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,
2923.03,
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,
2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,
2925.23, 2927.12, or
3716.11 of the Revised Code, felonious
sexual penetration in
violation of former section 2907.12 of the
Revised Code, a
violation of section 2905.04 of the Revised Code
as it existed
prior to July 1, 1996, a violation of section
2919.23 of the
Revised Code that would have been a violation of
section 2905.04
of the Revised Code as it existed prior to July
1, 1996, had the
violation been committed prior to that date;
(2) An A violation of an existing or former municipal
ordinance or law of this state, any other state,
or the United
States that is substantially equivalent to any of
the offenses
listed in division (D)(1) of this section.
(E) Each independent provider shall pay to the bureau of
criminal identification and investigation the fee prescribed
pursuant to division (C)(3) of section 109.572 of the Revised Code
for each criminal records check conducted pursuant to a request
made under division (C) of this section.
(F) The report of any criminal records check conducted by the
bureau of criminal identification and investigation in accordance
with section 109.572 of the Revised Code and pursuant to a request
made under division (C) of this section is not a public record for
the purposes of section 149.43 of the Revised Code and shall not
be made available to any person other than the following:
(1) The person who is the subject of the criminal records
check or the person's representative;
(2) An administrator at the department or the administrator's
representative;
(3) A court, hearing officer, or other necessary
individual
involved in a case dealing with a denial or termination
of a
provider agreement related to the criminal records check.
(G) The department shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement this section. The
rules shall specify circumstances under which the department may
either issue a provider agreement to an independent provider
or
allow an independent provider to maintain an existing provider
agreement when the independent provider has been convicted of,
has pleaded guilty to, or has been found eligible for intervention
in lieu of conviction for an offense listed or described in
division (C)(1)(D)(1) or (D)(2) of this section.
Sec. 5111.06. (A)(1) As used in this section and in sections
5111.061 and 5111.062 of the Revised Code:
(a)
"Provider" means any person, institution, or entity
that
furnishes medicaid services under a provider agreement with
the
department of job and family services pursuant to Title XIX of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as
amended.
(b)
"Party" has the same meaning as in division (G) of
section 119.01 of the Revised Code.
(c)
"Adjudication" has the same meaning as in division (D)
of
section 119.01 of the Revised Code.
(2) This section does not apply to any action taken by the
department of job and family services under sections 5111.35 to
5111.62
of
the Revised Code.
(B) Except as provided in division (D) of this section and
section 5111.914 of the Revised Code,
the
department shall do
either of the following by issuing an
order
pursuant to an
adjudication conducted in accordance with
Chapter
119. of the
Revised Code:
(1) Enter into or refuse to enter into a provider
agreement
with a provider, or suspend, terminate, renew, or
refuse to renew
an existing provider agreement with a provider;
(2) Take any action based upon a final fiscal audit of a
provider.
(C) Any party who is adversely affected by the issuance of
an
adjudication order under division (B) of this section may
appeal
to the court of common pleas of Franklin county in
accordance with
section 119.12 of the Revised Code.
(D) The department is not required to comply with division
(B)(1) of this section whenever any of the following occur:
(1) The terms of a provider agreement require the provider
to
hold a license, permit, or certificate or maintain a
certification issued by an official,
board, commission,
department, division, bureau, or other agency
of state or federal
government other than the department of job and family
services,
and the license, permit, certificate, or certification has been
denied,
revoked, not renewed, suspended, or otherwise limited.
(2) The terms of a provider agreement require the provider to
hold a license, permit, or certificate or maintain certification
issued by an official, board, commission, department, division,
bureau, or other agency of state or federal government other than
the department of job and family services, and the provider has
not obtained the license, permit, certificate, or certification.
(3) The provider agreement is denied, terminated, or not
renewed due to the termination, refusal to renew, or denial of a
license, permit, certificate, or certification by an official,
board, commission, department, division, bureau, or other agency
of this state other than the department of job and family
services, notwithstanding the fact that the provider may hold a
license, permit, certificate, or certification from an official,
board, commission, department, division, bureau, or other agency
of another state.
(4) The provider agreement is denied, terminated, or not
renewed pursuant to division (C) or (F) of section 5111.03 of
the
Revised Code;.
(5) The provider agreement is denied, terminated, or not
renewed due to the provider's termination, suspension, or
exclusion from the medicare program established under Title XVIII
of the
"Social Security Act," and the termination, suspension, or
exclusion is binding on the provider's participation in the
medicaid program;.
(6) The provider agreement is denied, terminated, or not
renewed due to the provider's pleading guilty to or being
convicted of a criminal activity materially related to either the
medicare or medicaid program;.
(7) The provider agreement is denied, terminated, or
suspended as a result of action by the United States department
of
health and human services and that action is binding on the
provider's participation in the medicaid program;.
(8) The provider agreement is suspended pursuant to
section
5111.031 of the Revised Code pending indictment of the
provider.
(9) The provider agreement is denied, terminated, or not
renewed because the provider or its owner, officer, authorized
agent, associate, manager, or employee has been convicted of one
of the
offenses that caused the provider agreement to be
suspended
pursuant to section 5111.031 of the Revised Code.
(10) The provider agreement is converted under section
5111.028 of the Revised Code from a provider agreement that is not
time-limited to a provider agreement that is time-limited.
(11) The provider agreement is terminated or an application
for re-enrollment is denied because the provider has failed to
apply for re-enrollment within the time or in the manner specified
for re-enrollment pursuant to section 5111.028 of the Revised
Code.
(12) The provider agreement is terminated or not renewed
because the provider has not billed or otherwise submitted a
medicaid claim to the department for two years or longer, and the
department has determined that the provider has moved from the
address on record with the department without leaving an active
forwarding address with the department.
(13) The provider agreement is denied, terminated, or not
renewed because the provider fails to provide to the department
the national provider identifier assigned the provider by the
national provider system pursuant to 45 C.F.R. 162. 408.
In the case of a provider described in division (D)(12) or
(13) of
this section, the department may terminate or not renew
the
take its proposed action against a provider agreement by
sending a notice explaining the department's
proposed action to
the provider. The notice shall be sent to the provider's address
on record with the department. The
notice may be sent by regular
mail.
(E) The department may withhold payments for services
rendered by a medicaid provider under the medical assistance
medicaid program during the pendency of proceedings initiated
under
division (B)(1) of this section. If the proceedings are
initiated
under division (B)(2) of this section, the department
may withhold
payments only to the extent that they equal amounts
determined in
a final fiscal audit as being due the state. This
division does
not apply if the department fails to comply with
section 119.07 of
the Revised Code, requests a continuance of the
hearing, or does
not issue a decision within thirty days after
the
hearing is
completed. This division does not apply to
nursing
facilities and
intermediate care facilities for the
mentally
retarded as defined
in section 5111.20 of the
Revised Code.
Sec. 5111.162. (A) As used in this section:
(1) "Emergency services" has the same meaning as in section
1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42
U.S.C. 1396u-2(b)(2), as amended.
(2) "Medicaid managed care organization" means a managed care
organization that has entered into a contract with the department
of job and family services pursuant to section 5111.17 of the
Revised Code.
(3) "Hospital" has the same meaning as in section 3727.01 of
the Revised Code.
(4) "Hospital system" means one or more hospitals owned or
controlled by the same organization for the purposes of
coordinating and delivering health services within a geographic
area selected by the organization.
(5) "Hospital system provider" means a health care provider
that is employed, owned, leased, managed, or otherwise controlled
by a hospital system, including a physician, a business entity
under which one or more physicians practice, a provider of
ancillary health services, and any other type of provider
specified in rules adopted under this section.
(B) Except as provided in division (C) of this section, when
a participant in the care management system established under
section 5111.16 of the Revised Code is enrolled in a medicaid
managed care organization and the organization refers the
participant to receive services, other than emergency services
provided on or after January 1, 2007, at a hospital that
participates in the medicaid program but is not under contract
with the organization, the hospital shall provide the service for
which the referral was made and shall accept from the
organization, as payment in full, the amount derived from the
reimbursement rate used by the department to reimburse other
hospitals of the same type for providing the same service to a
medicaid recipient who is not enrolled in a medicaid managed care
organization.
(C) A hospital is not subject to division (B) of this section
if all of the following are the case:
(1) The hospital is located in a county in which participants
in the care management system are required before January 1, 2006,
to be enrolled in a medicaid managed care organization that is a
health insuring corporation;
(2) The hospital has entered into a contract before January
1, 2006, with at least one health insuring corporation serving the
participants specified in division (C)(1) of this section;
(3) The hospital remains under contract with at least one
health insuring corporation serving participants in the care
management system who are required to be enrolled in a health
insuring corporation.
(D) The director of job and family services shall adopt rules
specifying the circumstances under which a medicaid managed care
organization is permitted to refer a participant in the care
management system to a hospital that is not under contract with
the organization. If a hospital or hospital system provider
participates in the medicaid program but is not under contract
with a particular medicaid managed care organization, all of the
following
apply with respect to that managed care organization
and that hospital or hospital system provider:
(1) When the organization authorizes a service or services to
be provided
to an individual who is enrolled in the organization
as a
participant in the care management system established under
section 5111.16 of the Revised Code, the hospital or hospital
system provider shall provide to the individual the service or
services authorized by the organization, including inpatient and
outpatient
services, as long as the service or services are
medically necessary and covered by medicaid.
(2) Except as provided in division (B)(3) of this section,
the hospital or hospital system provider shall accept from the
organization, as payment in full for providing the authorized
service or services, the same amount that the
department of job
and family services would reimburse the hospital
or hospital
system provider for providing the authorized service or services
to a
medicaid recipient who is not enrolled in a medicaid managed
care
organization.
(3) Emergency services provided to the individual are subject
to reimbursement under section 5111.163 of the Revised Code.
(C) The director of job and family services may adopt any
other rules as necessary to implement this section. All rules
adopted under this section shall be adopted in accordance with
Chapter 119. of the Revised Code.
Sec. 5111.176. (A) As used in this section:
(1) "Medicaid health insuring corporation" means a health
insuring corporation that holds a certificate of authority under
Chapter 1751. of the Revised Code and has entered into a contract
with the department of job and family services pursuant to section
5111.17 of the Revised Code.
(2) "Managed care premium" means any premium payment,
capitation payment, or other payment a medicaid health insuring
corporation receives for providing, or arranging for the provision
of, health care services to its members or enrollees residing in
this state.
(B) Except as provided in division (C) of this section, all
of the following apply:
(1) Each medicaid health insuring corporation shall pay to
the department of job and family services a franchise permit fee
for the period December 1, 2005, through December 31, 2005, and
each calendar quarter occurring thereafter between January 1,
2006, and September 30, 2009.
(2) The fee to be paid is an amount that is equal to a
percentage of the managed care premiums the medicaid health
insuring corporation received in the period December 1, 2005,
through December 31, 2005, and in the subsequent quarter to which
the fee applies, excluding the amount of any managed care premiums
the corporation returned or refunded to enrollees, members, or
premium payers during the period December 1, 2005, through
December 31, 2005, or the subsequent quarter to which the fee
applies.
(3) The percentage to be used in calculating the fee shall be
four and one-half per cent, unless the department adopts rules
under division (L) of this section decreasing the percentage below
four and one-half per cent or increasing the percentage to not
more than six per cent.
(C) The department shall reduce the franchise permit fee
imposed under this section or terminate its collection of the fee
if the department determines either of the following:
(1) That the reduction or termination is required to comply
with federal statutes or regulations;
(2) That the fee does not qualify as a state share of
medicaid expenditures eligible for federal financial
participation.
(D) The franchise permit fee shall be paid on or before the
thirtieth day following the end of the period December 1, 2005,
through December 31, 2005, or the calendar quarter to which the
fee applies. At the time the fee is submitted, the medicaid health
insuring corporation shall file with the department a report on a
form prescribed by the department. The corporation shall provide
on the form all information required by the department and shall
include with the form any necessary supporting documentation.
(E) The department may audit the records of any medicaid
health insuring corporation to determine whether the corporation
is in compliance with this section. The department may audit the
records that pertain to the period December 1, 2005, through
December 31, 2005, or a particular calendar quarter, at any time
during the five years following the date the franchise permit fee
payment for that period or quarter was due.
(F)(1) A medicaid health insuring corporation that does not
pay the franchise permit fee in full by the date the payment is
due is subject to any or all of the following:
(a) A monetary penalty in the amount of five hundred dollars
for each day any part of the fee remains unpaid, except that the
penalty shall not exceed an amount equal to five per cent of the
total fee that was due;
(b) Withholdings from future managed care premiums pursuant
to division (G) of this section;
(c) Termination of the corporation's medicaid provider
agreement pursuant to division (H) of this section.
(2) Penalties imposed under division (F)(1)(a) of this
section are in addition to and not in lieu of the franchise permit
fee.
(G) If a medicaid health insuring corporation fails to pay
the full amount of its franchise permit fee when due, or the full
amount of a penalty imposed under division (F)(1)(a) of this
section, the department may withhold an amount equal to the
remaining amount due from any future managed care premiums to be
paid to the corporation under the medicaid program. The department
may withhold amounts under this division without providing notice
to the corporation. The amounts may be withheld until the amount
due has been paid.
(H) The department may commence actions to terminate a
medicaid health insuring corporation's medicaid provider
agreement, and may terminate the agreement subject to division (I)
of this section, if the corporation does any of the following:
(1) Fails to pay its franchise permit fee or fails to pay the
fee promptly;
(2) Fails to pay a penalty imposed under division (F)(1)(a)
of this section or fails to pay the penalty promptly;
(3) Fails to cooperate with an audit conducted under division
(E) of this section.
(I) At the request of a medicaid health insuring corporation,
the department shall grant the corporation a hearing in accordance
with Chapter 119. of the Revised Code, if either of the following
is the case:
(1) The department has determined that the corporation owes
an additional franchise permit fee or penalty as the result of an
audit conducted under division (E) of this section.
(2) The department is proposing to terminate the
corporation's medicaid provider agreement and the provisions of
section 5111.06 of the Revised Code requiring an adjudication in
accordance with Chapter 119. of the Revised Code are applicable.
(J)(1) At the request of a medicaid corporation, the
department shall grant the corporation a reconsideration of any
issue that arises out of the provisions of this section and is not
subject to division (I) of this section. The department's decision
at the conclusion of the reconsideration is not subject to appeal
under Chapter 119. of the Revised Code or any other provision of
the Revised Code.
(2) In conducting a reconsideration, the department shall do
at least the following:
(a) Specify the time frames within which a corporation must
act in order to exercise its opportunity for a reconsideration;
(b) Permit the corporation to present written arguments or
other materials that support the corporation's position.
(K) There is hereby created in the state treasury the managed
care assessment fund. Money collected from the franchise permit
fees and penalties imposed under this section shall be credited to
the fund. The department shall use the money in the fund to pay
for medicaid services, the department's administrative costs, and
contracts with medicaid health insuring corporations.
(L) The director of job and family services may adopt rules
to implement and administer this section. The rules shall be
adopted in accordance with Chapter 119. of the Revised Code.
Sec. 5111.23. (A) The department of job and family
services
shall
pay a provider for each of the provider's eligible
intermediate care facilities
for the mentally retarded a per
resident per day rate for direct
care costs established
prospectively for each facility. The department
shall establish
each facility's rate for direct care costs
quarterly.
(B) Each facility's rate for direct care costs shall be
based
on the facility's cost per case-mix unit, subject to the
maximum
costs per case-mix unit established under division
(B)(2) of this
section, from the calendar year preceding
the fiscal year in which
the rate is paid. To determine the
rate, the department shall do
all of the following:
(1) Determine each facility's cost per case-mix unit for
the
calendar year preceding the fiscal year in which the rate
will be
paid by dividing the facility's desk-reviewed, actual,
allowable,
per diem direct care costs for that year by its
average case-mix
score determined under section 5111.232 of the
Revised Code for
the same calendar year.
(2)(a) Set the maximum cost per case-mix unit for each peer
group of intermediate care facilities for the mentally retarded
with more than eight beds specified in rules adopted under
authorized by division (E) of this section at a percentage above
the cost per
case-mix unit of the facility in the group that has
the group's
median medicaid inpatient day for the calendar year
preceding
the fiscal year in which the rate will be paid, as
calculated
under division (B)(1) of this section, that is no less
than the
percentage calculated under division (D)(2) of this
section.
(b) Set the maximum cost per case-mix unit for each peer
group of intermediate care facilities for the mentally retarded
with eight or fewer beds specified in rules adopted under
authorized by division (E) of this section at a percentage above
the cost per
case-mix unit of the facility in the group that has
the group's
median medicaid inpatient day for the calendar year
preceding
the fiscal year in which the rate will be paid, as
calculated
under division (B)(1) of this section, that is no less
than the
percentage calculated under division (D)(3) of this
section.
(c) In calculating the maximum cost per case-mix unit under
divisions
(B)(2)(a) to and (b) of this section for each peer
group, the department shall
exclude from its calculations the cost
per case-mix unit of any facility in
the group that participated
in the medicaid program under the same
operator for less than
twelve months during the calendar year preceding the
fiscal year
in which the rate will be paid.
(3) Estimate the rate of inflation for the eighteen-month
period beginning on the first day of July of the calendar year
preceding the fiscal year in which the rate will be paid and
ending on the thirty-first day of December of the fiscal year in
which the rate will be paid, using the employment cost index for
total compensation, health services component, published by the
United States bureau of labor statistics inflation measuring
system or inflation factor specified in rules authorized by
division (E) of this
section. If the estimated
inflation rate for
the eighteen-month
period is different from
the actual inflation
rate for that
period, as measured using the
same index, the
difference shall be
added to or subtracted from
the inflation
rate estimated under
division (B)(3) of this
section for the
following fiscal year.
(4) The department shall not recalculate a maximum cost
per
case-mix unit under division (B)(2) of this
section or a
percentage under division (D) of this section based
on additional
information that it receives after the maximum
costs per case-mix
unit or percentages are set. The department
shall recalculate a
maximum cost per case-mix units or percentage
only if it made an
error in computing the maximum cost per
case-mix unit or
percentage based on information available at the
time of the
original calculation.
(C) Each facility's rate for direct care costs shall be
determined as follows for each calendar quarter within a fiscal
year:
(1) Multiply the lesser of the following by the facility's
average case-mix score determined under section 5111.232 of the
Revised Code for the calendar quarter that preceded the
immediately preceding calendar quarter:
(a) The facility's cost per case-mix unit for the calendar
year preceding the fiscal year in which the rate will be paid, as
determined under division (B)(1) of this section;
(b) The maximum cost per case-mix unit established for
the
fiscal year in which the rate will be paid for the facility's
peer
group under division (B)(2) of this section;
(2) Adjust the product determined under division
(C)(1)
of
this section by the inflation rate estimated under division
(B)(3)
of this section.
(D)(1) The department shall calculate the percentage above
the median cost per case-mix unit determined under division
(B)(1)
of this section for the facility that has the median
medicaid
inpatient day for calendar year 1992 for all
intermediate care
facilities for the mentally retarded with more
than eight beds
that would result in payment of all
desk-reviewed, actual,
allowable direct care costs for eighty and
one-half per cent of
the medicaid inpatient days for such
facilities for calendar year
1992.
(2) The department shall calculate the percentage above
the
median cost per case-mix unit determined under division
(B)(1) of
this section for the facility that has the median
medicaid
inpatient day for calendar year 1992 for all
intermediate care
facilities for the mentally retarded with eight
or fewer beds that
would result in payment of all desk-reviewed,
actual, allowable
direct care costs for eighty and one-half per
cent of the medicaid
inpatient days for such facilities for
calendar year 1992.
(E) The director of job and family services shall
adopt rules
under section 5111.02 of the Revised Code that specify peer both
of the following:
(1) Peer groups of
intermediate care facilities for the
mentally
retarded with more than eight beds and intermediate care
facilities for the mentally retarded with eight or fewer beds,
based on findings of significant per diem direct care cost
differences due to geography and facility bed-size. The rules
also
may specify peer groups based on findings of significant per
diem
direct care cost differences due to other factors which may
include case-mix.
(2) The inflation measuring system or inflation factor to be
used for the purpose
of division (B)(3) of this section.
(F) The department, in accordance with division (D) of
section 5111.232 of the Revised Code and rules adopted under
authorized by division (E) of that section, may assign case-mix
scores or costs
per case-mix unit if a provider fails to submit
assessment
data necessary to calculate an intermediate care
facility for the mentally retarded's case-mix score in
accordance
with that section.
Sec. 5111.231. (A) As used in this section, "applicable
calendar year" means the following:
(1) For the purpose of the department of job and family
services' initial determination under division (D) of this section
of each peer group's cost per case-mix unit, calendar year 2003;
(2) For the purpose of the department's subsequent
determinations under division (D) of this section of each peer
group's cost per case-mix unit, the calendar year the department
selects.
(B) The department of job and family services shall pay a
provider for each of the provider's eligible nursing facilities a
per resident per day rate for direct care costs determined
semiannually by multiplying the cost per case-mix unit determined
under division (D) of this section for the facility's peer group
by the facility's semiannual case-mix score determined under
section 5111.232 of the Revised Code.
(C) For the purpose of determining nursing facilities' rate
for direct care costs, the department shall establish three peer
groups.
Each nursing facility located in any of the following
counties shall be placed in peer group one: Brown, Butler,
Clermont, Clinton, Hamilton, and Warren.
Each nursing facility located in any of the following
counties shall be placed in peer group two: Ashtabula, Champaign,
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin,
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain,
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa,
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union,
and Wood.
Each nursing facility located in any of the following
counties shall be placed in peer group three: Adams, Allen,
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,
Washington, Wayne, Williams, and Wyandot.
(D)(1) At least once every ten years, the department shall
determine a cost per case-mix unit for each peer group established
under division (C) of this section. A cost per case-mix unit
determined under this division for a peer group shall be used for
subsequent years until the department redetermines it. To
determine a peer group's cost per case-mix unit, the department
shall do all of the following:
(a) Determine the cost per case-mix unit for each nursing
facility in the peer group for the applicable calendar year by
dividing each facility's desk-reviewed, actual, allowable, per
diem direct care costs for the applicable calendar year by the
facility's annual average case-mix score determined under section
5111.232 of the Revised Code for the applicable calendar year.
(b) Subject to division (D)(2) of this section, identify
which nursing facility in the peer group is at the twenty-fifth
percentile of the cost per case-mix units determined under
division (D)(1)(a) of this section.
(c) Calculate the amount that is seven per cent above the
cost per case-mix unit determined under division (D)(1)(a) of this
section for the nursing facility identified under division
(D)(1)(b) of this section.
(d) Multiply the amount calculated under division (D)(1)(c)
of this section by the rate of inflation for the eighteen-month
period beginning on the first day of July of the applicable
calendar year and ending the last day of December of the calendar
year immediately following the applicable calendar year using the
employment cost index for total compensation, health services
component, published by the United States bureau of labor
statistics inflation measuring system or inflation factor the
director of job and
family services shall specify in rules
adopted under section
5111.02 of the Revised Code.
(2) In making the identification under division (D)(1)(b) of
this section, the department shall exclude both of the following:
(a) Nursing facilities that participated in the medicaid
program under the same provider for less than twelve months in the
applicable calendar year;
(b) Nursing facilities whose cost per case-mix unit is more
than one standard deviation from the mean cost per case-mix unit
for all nursing facilities in the nursing facility's peer group
for the applicable calendar year.
(3) The department shall not redetermine a peer group's cost
per case-mix unit under this division based on additional
information that it receives after the peer group's per case-mix
unit is determined. The department shall redetermine a peer
group's cost per case-mix unit only if it made an error in
determining the peer group's cost per case-mix unit based on
information available to the department at the time of the
original determination.
Sec. 5111.232. (A)(1) The department of job and family
services shall
determine semiannual and annual average case-mix
scores for nursing facilities by
using all of the following:
(a) Data from a
resident
assessment instrument specified in
rules adopted under section 5111.02 of the
Revised Code pursuant
to
section
1919(e)(5) of the "Social Security Act," 49
Stat.
620
(1935), 42
U.S.C.A. 1396r(e)(5), as amended, for the following
residents:
(i) When determining semi-annual semiannual case-mix scores,
each resident who is a medicaid recipient;
(ii) When determining annual average case-mix scores, each
resident regardless of payment source.
(b) Except as provided in rules authorized by division
divisions (A)(2)(a) and (b) of this section, the case-mix
values
established by the United States department of health and
human
services;
(c) Except as modified in rules authorized by
division
(A)(2)(c) of this section,
the grouper methodology used
on June
30,
1999, by the United
States
department of health and human
services for prospective
payment of skilled
nursing facilities
under the medicare program
established by Title
XVIII.
(2) The
director of job and
family services may
adopt rules
under section 5111.02 of
the Revised Code that do any of the
following:
(a) Adjust the case-mix values specified in division
(A)(1)(b) of this section to reflect changes in
relative wage
differentials that are specific to this state;
(b) Express all of those case-mix values in numeric terms
that
are different from the terms specified by the United States
department of health and human services but that do not alter the
relationship of the case-mix values to one another;
(c) Modify the grouper methodology specified in division
(A)(1)(c) of this section as follows:
(i) Establish a different hierarchy for assigning residents
to
case-mix categories under the methodology;
(ii) Prohibit the use of the index maximizer element of the
methodology;
(iii) Incorporate changes to the methodology the United
States department of health and human services makes after June
30, 1999;
(iv) Make other changes
the
department determines are
necessary.
(B) The department shall determine case-mix scores for
intermediate care facilities for the mentally retarded using data
for each resident, regardless of payment source, from a resident
assessment instrument and grouper methodology prescribed in rules
adopted under section 5111.02 of the Revised Code and
expressed in
case-mix values
established by the department in
those rules.
(C) Each calendar quarter, each provider shall compile
complete assessment data, from the resident assessment instrument
specified in
rules authorized by division (A) or (B) of this
section, for each
resident of each of the provider's facilities,
regardless of payment source, who was in the facility
or
on
hospital or therapeutic leave from the facility on the last
day
of
the quarter. Providers of a nursing facility shall submit the data
to the department of health and, if required by rules, the
department of job and family services. Providers of an
intermediate care facility for the mentally retarded shall submit
the data to the department of job and family services. The data
shall be submitted not later than fifteen days after the end of
the calendar quarter for which the data is compiled.
Except as provided in division (D) of this section, the
department, every six months and after the end of each calendar
year, shall calculate a semiannual and annual average
case-mix
score for each nursing facility using the facility's quarterly
case-mix scores for that six-month period or calendar year. Also
except as provided in division (D) of this section, the
department, after the end of each calendar year, shall calculate
an annual average case-mix score for each intermediate care
facility for the mentally retarded using the facility's quarterly
case-mix scores for that calendar year. The department shall make
the calculations pursuant to procedures specified in rules adopted
under section 5111.02 of the Revised Code.
(D)(1) If a provider does not timely submit information
for
a
calendar quarter necessary to calculate a facility's case-mix
score,
or
submits incomplete or inaccurate information for a
calendar
quarter, the department may assign the facility a
quarterly
average case-mix score that is five per cent less than
the
facility's quarterly average case-mix score for the preceding
calendar quarter. If the facility was subject to an exception
review under division (C) of section 5111.27 of the Revised Code
for the preceding calendar quarter, the department may assign a
quarterly average case-mix score that is five per cent less than
the score determined by the exception review. If the facility
was
assigned a quarterly average case-mix score for the preceding
quarter, the department may assign a quarterly average case-mix
score that is five per cent less than that score assigned for the
preceding quarter.
The department may use a quarterly average case-mix score
assigned under division (D)(1) of this section, instead of a
quarterly average case-mix score calculated based on the
provider's submitted information, to calculate the facility's
rate
for direct care costs being established under section
5111.23 or
5111.231 of
the Revised Code for one or more months, as specified
in rules
authorized by division (E) of this section, of the
quarter for
which the rate established under section 5111.23 or
5111.231 of
the Revised
Code will be paid.
Before taking action under division (D)(1) of this section,
the department shall permit the provider a reasonable period of
time, specified in rules authorized by division (E) of this
section, to correct the information. In the case of an
intermediate care facility for the mentally retarded, the
department shall
not
assign a quarterly average case-mix score due
to late submission
of corrections to assessment information unless
the provider
fails to submit corrected information prior to the
eighty-first
day after the end of the calendar quarter to which
the
information pertains. In the case of a nursing facility, the
department
shall not assign a quarterly average case-mix score due
to late submission of
corrections to assessment information unless
the provider fails to submit
corrected information prior to the
earlier of the eighty-first forty-sixth day after the
end of the
calendar
quarter to which the information pertains or the deadline
for
submission of such corrections established by regulations
adopted
by the
United States department of health and human
services under
Titles XVIII and XIX.
(2) If a provider is paid a rate for a facility calculated
using a
quarterly average case-mix score assigned under division
(D)(1)
of
this section for more than six months in a calendar
year, the
department may assign the facility a cost per case-mix
unit that
is five per cent less than the facility's actual or
assigned cost
per case-mix unit for the preceding calendar year.
The
department
may use the assigned cost per case-mix unit,
instead
of
calculating the facility's actual cost per case-mix
unit in
accordance with section 5111.23 or 5111.231 of the Revised
Code, to establish
the facility's rate for direct care costs for
the following
fiscal
year.
(3) The department shall take action under division (D)(1)
or
(2) of this section only in accordance with rules authorized by
division (E) of this section. The department shall not
take an
action that affects rates for prior payment periods
except in
accordance with sections 5111.27 and 5111.28 of the
Revised Code.
(E) The director shall adopt rules under section 5111.02 of
the Revised Code that do all of the following:
(1) Specify whether providers of a nursing facility must
submit the assessment data to the department of job and family
services;
(2) Specify the medium or media through which the
completed
assessment data shall be submitted;
(3) Establish procedures under which the assessment data
shall be reviewed for accuracy and providers shall be notified of
any data that requires correction;
(4) Establish procedures for providers to correct
assessment
data and specify a reasonable period of time by which providers
shall submit the corrections. The procedures may
limit
the content
of corrections by providers of nursing facilities in the manner
required
by regulations adopted by the United States department of
health and human services under Titles XVIII and
XIX.
(5) Specify when and how the department will assign
case-mix
scores or costs per case-mix unit under division (D) of
this
section if information necessary to calculate the facility's
case-mix score is not provided or
corrected in accordance with the
procedures established by the
rules. Notwithstanding any other
provision of sections 5111.20
to
5111.33 of the Revised Code, the
rules also may provide for
the following:
(a) Exclusion of case-mix scores assigned under division (D)
of this
section from calculation of an intermediate care facility
for the mentally retarded's annual average
case-mix
score and the
maximum cost per case-mix unit for the
facility's
peer group;
(b) Exclusion of case-mix scores assigned under division (D)
of this section from calculation of a nursing facility's
semiannual or annual average case-mix score and the cost per
case-mix unit for the facility's peer group.
Sec. 5111.235. The department of job and family services
shall pay a provider for each of the provider's
eligible
intermediate care facilities for the mentally
retarded a per
resident per day rate for other protected costs established
prospectively each
fiscal year for each facility. The rate for
each facility shall
be the
facility's desk-reviewed, actual,
allowable, per diem other
protected costs
from the calendar year
preceding the fiscal year in which the
rate will be
paid, all
adjusted for the estimated inflation rate for the
eighteen-month
period beginning on the first day of July of the calendar year
preceding the
fiscal year in which the rate will be paid and
ending on the thirty-first day
of December of that fiscal year.
The department shall estimate inflation using
the consumer price
index for all urban consumers for nonprescription drugs and
medical supplies, as published by the United States bureau of
labor statistics inflation measuring system or inflation factor
the director of job
and family services shall specify in rules
adopted under section
5111.02 of the Revised Code.
If the
estimated inflation rate for
the eighteen-month period is
different
from the actual inflation
rate for that period, the
difference shall be added
to or
subtracted from the inflation
rate estimated for the following
year.
Sec. 5111.24. (A) As used in this section, "applicable
calendar year" means the following:
(1) For the purpose of the department of job and family
services' initial determination under division (D) of this section
of each peer group's rate for ancillary and support costs,
calendar year 2003;
(2) For the purpose of the department's subsequent
determinations under division (D) of this section of each peer
group's rate for ancillary and support costs, the calendar year
the department selects.
(B) The department of job and family services shall pay a
provider for each of the provider's eligible nursing facilities a
per resident per day rate for ancillary and support costs
determined for the nursing facility's peer group under division
(D) of this section.
(C) For the purpose of determining nursing facilities' rate
for ancillary and support costs, the department shall establish
six peer groups.
Each nursing facility located in any of the following
counties shall be placed in peer group one or two: Brown, Butler,
Clermont, Clinton, Hamilton, and Warren. Each nursing facility
located in any of those counties that has fewer than one hundred
beds shall be placed in peer group one. Each nursing facility
located in any of those counties that has one hundred or more beds
shall be placed in peer group two.
Each nursing facility located in any of the following
counties shall be placed in peer group three or four: Ashtabula,
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,
Union, and Wood. Each nursing facility located in any of those
counties that has fewer than one hundred beds shall be placed in
peer group three. Each nursing facility located in any of those
counties that has one hundred or more beds shall be placed in peer
group four.
Each nursing facility located in any of the following
counties shall be placed in peer group five or six: Adams, Allen,
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,
Washington, Wayne, Williams, and Wyandot. Each nursing facility
located in any of those counties that has fewer than one hundred
beds shall be placed in peer group five. Each nursing facility
located in any of those counties that has one hundred or more beds
shall be placed in peer group six.
(D)(1) At least once every ten years, the department shall
determine the rate for ancillary and support costs for each peer
group established under division (C) of this section. The rate for
ancillary and support costs determined under this division for a
peer group shall be used for subsequent years until the department
redetermines it. To determine a peer group's rate for ancillary
and support costs, the department shall do all of the following:
(a) Determine the rate for ancillary and support costs for
each nursing facility in the peer group for the applicable
calendar year by using the greater of the nursing facility's
actual inpatient days for the applicable calendar year or the
inpatient days the nursing facility would have had for the
applicable calendar year if its occupancy rate had been ninety per
cent. For the purpose of determining a nursing facility's
occupancy rate under division (D)(1)(a) of this section, the
department shall include any beds that the nursing facility
removes from its medicaid-certified capacity unless the nursing
facility also removes the beds from its licensed bed capacity.
(b) Subject to division (D)(2) of this section, identify
which nursing facility in the peer group is at the twenty-fifth
percentile of the rate for ancillary and support costs for the
applicable calendar year determined under division (D)(1)(a) of
this section.
(c) Calculate the amount that is three per cent above the
rate for ancillary and support costs determined under division
(D)(1)(a) of this section for the nursing facility identified
under division (D)(1)(b) of this section.
(d) Multiply the amount calculated under division (D)(1)(c)
of this section by the rate of inflation for the eighteen-month
period beginning on the first day of July of the applicable
calendar year and ending the last day of December of the calendar
year immediately following the applicable calendar year using the
consumer price index for all items for all urban consumers for the
north central region, published by the United States bureau of
labor statistics inflation measuring system or inflation factor
the director of job
and family services shall specify in rules
adopted under section
5111.02 of the Revised Code.
(2) In making the identification under division (D)(1)(b) of
this section, the department shall exclude both of the following:
(a) Nursing facilities that participated in the medicaid
program under the same provider for less than twelve months in the
applicable calendar year;
(b) Nursing facilities whose ancillary and support costs are
more than one standard deviation from the mean desk-reviewed,
actual, allowable, per diem ancillary and support cost for all
nursing facilities in the nursing facility's peer group for the
applicable calendar year.
(3) The department shall not redetermine a peer group's rate
for ancillary and support costs under this division based on
additional information that it receives after the rate is
determined. The department shall redetermine a peer group's rate
for ancillary and support costs only if it made an error in
determining the rate based on information available to the
department at the time of the original determination.
Sec. 5111.241. (A) The department of job and family services
shall
pay a provider for each of the provider's eligible
intermediate care facilities for the mentally
retarded a per
resident per day rate for indirect care costs
established
prospectively each fiscal year for each facility.
The rate for
each intermediate care facility for the mentally
retarded shall be
the sum of the following, but shall not exceed
the maximum rate
established for the facility's peer group under
division (B) of
this section:
(1) The facility's desk-reviewed, actual, allowable, per
diem
indirect care costs from the calendar year preceding the
fiscal
year in which the rate will be paid, adjusted for the
inflation
rate estimated under division (C)(1) of this section;
(2) An efficiency incentive in the following amount:
(a) For fiscal years ending in even-numbered calendar
years:
(i) In the case of intermediate care facilities for the
mentally retarded with more than eight beds, seven and one-tenth
per cent of the maximum rate established for the facility's peer
group under division (B) of this section;
(ii) In the case of intermediate care facilities for the
mentally retarded with eight or fewer beds, seven per cent of the
maximum rate established for the facility's peer group under
division (B) of this section;
(b) For fiscal years ending in odd-numbered calendar
years,
the amount calculated for the preceding fiscal year under
division
(A)(2)(a) of this section.
(B)(1) The maximum rate for indirect care costs for each
peer
group of intermediate care facilities for the mentally
retarded
with more than eight beds specified in rules adopted
under
authorized by division (D) of this section shall be determined as
follows:
(a) For fiscal years ending in even-numbered calendar
years,
the maximum rate for each peer group shall be the rate that is no
less than twelve and four-tenths per cent above the median
desk-reviewed, actual, allowable, per diem indirect care cost for
all intermediate care facilities for the mentally retarded with
more than eight beds in the group, excluding facilities in the
group whose indirect care costs for that period are more than
three standard deviations from the mean desk-reviewed, actual,
allowable, per diem indirect care cost for all intermediate care
facilities for the mentally retarded with more than eight beds,
for the calendar year preceding the fiscal year in which the rate
will be paid, adjusted by the inflation rate estimated under
division (C)(1) of this section.
(b) For fiscal years ending in odd-numbered calendar
years,
the maximum rate for each peer group is the group's
maximum rate
for the previous fiscal year, adjusted for the
inflation rate
estimated under division (C)(2) of this section.
(2) The maximum rate for indirect care costs for each peer
group of intermediate care facilities for the mentally retarded
with eight or fewer beds specified in rules adopted under
authorized by division (D) of this section shall be determined as
follows:
(a) For fiscal years ending in even-numbered calendar
years,
the maximum rate for each peer group shall be the rate
that is no
less than ten and three-tenths per cent above the
median
desk-reviewed, actual, allowable, per diem indirect care
cost for
all intermediate care facilities for the mentally
retarded with
eight or fewer beds in the group, excluding
facilities in the
group whose indirect care costs are more than
three standard
deviations from the mean desk-reviewed, actual,
allowable, per
diem indirect care cost for all intermediate care
facilities for
the mentally retarded with eight or fewer beds,
for the calendar
year preceding the fiscal year in which the rate
will be paid,
adjusted by the inflation rate estimated under
division (C)(1) of
this section.
(b) For fiscal years that end in odd-numbered calendar
years,
the maximum rate for each peer group is the group's
maximum rate
for the previous fiscal year, adjusted for the
inflation rate
estimated under division (C)(2) of this section.
(3) The department shall not recalculate a maximum rate
for
indirect care costs under division (B)(1) or (2) of this
section
based on additional information that it receives after
the maximum
rate is set. The department shall recalculate the
maximum rate for
indirect care costs only if it made an error in
computing the
maximum rate based on the information available at
the time of the
original calculation.
(C)(1) When adjusting rates for inflation under divisions
(A)(1), (B)(1)(a), and (B)(2)(a) of this section, the department
shall estimate the rate of inflation for the eighteen-month
period
beginning on the first day of July of the calendar year
preceding
the fiscal year in which the rate will be paid and
ending on the
thirty-first day of December of the fiscal year in
which the rate
will be paid, using the consumer price index for
all items for all
urban consumers for the north central region,
published by the
United States bureau of labor statistics inflation measuring
system or inflation factor specified in rules authorized by
division (D) of this
section.
(2) When adjusting rates for inflation under divisions
(B)(1)(b) and (B)(2)(b) of this section, the department shall
estimate the rate of inflation for the twelve-month period
beginning on the first day of January of the fiscal year
preceding
the fiscal year in which the rate will be paid and
ending on the
thirty-first day of December of the fiscal year in
which the rate
will be paid, using the consumer price index for
all items for all
urban consumers for the north central region,
published by the
United States bureau of labor statistics inflation measuring
system or inflation factor specified in rules authorized by
division (D) of this
section.
(3) If an inflation rate estimated under division (C)(1)
or
(2) of this section is different from the actual inflation
rate
for the relevant time period, as measured using the same
index,
the difference shall be added to or subtracted from the
inflation
rate estimated pursuant to this division for the
following fiscal
year.
(D) The director of job and family services shall
adopt rules
under section 5111.02 of the Revised Code that specify peer both
of the following:
(1) Peer groups of
intermediate care facilities for the
mentally retarded with more
than eight beds, and peer groups of
intermediate care facilities
for the mentally retarded with eight
or fewer beds, based on
findings of significant per diem indirect
care cost differences
due to geography and facility bed-size. The
rules also may
specify peer groups based on findings of
significant per diem
indirect care cost differences due to other
factors, including
case-mix.
(2) The inflation measuring system or inflation factor to be
used for the purpose
of divisions (C)(1) and (2) of this section.
Sec. 5111.251. (A) The department of job and family
services
shall pay a provider for each of the provider's eligible
intermediate care facilities for
the mentally
retarded for its
reasonable capital costs, a per
resident per day
rate established
prospectively each fiscal year
for each
intermediate care facility
for the mentally retarded.
Except as
otherwise provided in
sections 5111.20 to 5111.33 of the
Revised
Code, the rate shall be
based on the facility's capital
costs for
the calendar year
preceding the fiscal year in which the
rate
will be paid. The rate
shall equal the sum of the following:
(1) The facility's desk-reviewed, actual, allowable, per
diem
cost of ownership for the preceding cost reporting period,
limited
as provided in divisions (C) and (F) of this section;
(2) Any efficiency incentive determined under division (B)
of
this section;
(3) Any amounts for renovations determined under division
(D)
of this section;
(4) Any amounts for return on equity determined under
division (I) of this section.
Buildings shall be depreciated using the straight line
method
over forty years or over a different period approved by
the
department. Components and equipment shall be depreciated
using
the straight line method over a period designated by the
director
of job and family services in rules adopted
under section 5111.02
of
the Revised Code, consistent with the guidelines
of the
American
hospital association, or over a different period
approved
by the
department of job and family services. Any rules
authorized
by this division that specify
useful lives of
buildings,
components, or equipment apply only to
assets acquired
on or after
July 1, 1993. Depreciation for costs
paid or
reimbursed by any
government agency shall not be included
in costs
of ownership or
renovation unless that part of the
payment under
sections 5111.20
to 5111.33 of the Revised Code is
used to
reimburse the government
agency.
(B) The department of job and family services shall pay
to a
provider for
each of the provider's eligible intermediate care
facilities for the mentally retarded an
efficiency
incentive equal
to fifty per cent of the difference
between any desk-reviewed,
actual, allowable cost of ownership and
the applicable limit on
cost of ownership payments under division
(C) of this section. For
purposes
of computing the efficiency
incentive, depreciation for
costs paid or
reimbursed by any
government agency shall be
considered as a cost of
ownership, and
the applicable limit under
division (C) of this section shall
apply both to facilities with
more than eight beds and facilities
with eight
or fewer beds. The
efficiency incentive paid to a provider for a
facility with eight
or
fewer beds shall not exceed
three dollars
per patient day,
adjusted annually for the
inflation rate for the
twelve-month
period beginning on the first
day of July of the
calendar year
preceding the calendar year that
precedes the fiscal
year for
which the efficiency incentive is
determined and ending
on the
thirtieth day of the following June,
using the consumer
price
index for shelter costs for all urban
consumers for the
north
central region, as published by the
United States bureau of
labor
statistics inflation measuring system or inflation factor the
director of job and
family services shall specify in rules
adopted under section
5111.02 of the Revised Code.
(C) Cost of ownership payments for intermediate care
facilities for the mentally retarded with more than eight beds
shall not exceed the following limits:
(1) For facilities with dates of licensure prior to
January
1, l958, not exceeding two dollars and fifty cents per
patient
day;
(2) For facilities with dates of licensure after December
31,
l957, but prior to January 1, l968, not exceeding:
(a) Three dollars and fifty cents per patient day if the
cost
of construction was three thousand five hundred dollars or
more
per bed;
(b) Two dollars and fifty cents per patient day if the
cost
of construction was less than three thousand five hundred
dollars
per bed.
(3) For facilities with dates of licensure after December
31,
l967, but prior to January 1, l976, not exceeding:
(a) Four dollars and fifty cents per patient day if the
cost
of construction was five thousand one hundred fifty dollars
or
more per bed;
(b) Three dollars and fifty cents per patient day if the
cost
of construction was less than five thousand one hundred
fifty
dollars per bed, but exceeds three thousand five hundred
dollars
per bed;
(c) Two dollars and fifty cents per patient day if the
cost
of construction was three thousand five hundred dollars or
less
per bed.
(4) For facilities with dates of licensure after December
31,
l975, but prior to January 1, l979, not exceeding:
(a) Five dollars and fifty cents per patient day if the
cost
of construction was six thousand eight hundred dollars or
more per
bed;
(b) Four dollars and fifty cents per patient day if the
cost
of construction was less than six thousand eight hundred
dollars
per bed but exceeds five thousand one hundred fifty
dollars per
bed;
(c) Three dollars and fifty cents per patient day if the
cost
of construction was five thousand one hundred fifty dollars
or
less per bed, but exceeds three thousand five hundred dollars
per
bed;
(d) Two dollars and fifty cents per patient day if the
cost
of construction was three thousand five hundred dollars or
less
per bed.
(5) For facilities with dates of licensure after December
31,
l978, but prior to January 1, l980, not exceeding:
(a) Six dollars per patient day if the cost of
construction
was seven thousand six hundred twenty-five dollars
or more per
bed;
(b) Five dollars and fifty cents per patient day if the
cost
of construction was less than seven thousand six hundred
twenty-five dollars per bed but exceeds six thousand eight
hundred
dollars per bed;
(c) Four dollars and fifty cents per patient day if the
cost
of construction was six thousand eight hundred dollars or
less per
bed but exceeds five thousand one hundred fifty dollars
per bed;
(d) Three dollars and fifty cents per patient day if the
cost
of construction was five thousand one hundred fifty dollars
or
less but exceeds three thousand five hundred dollars per bed;
(e) Two dollars and fifty cents per patient day if the
cost
of construction was three thousand five hundred dollars or
less
per bed.
(6) For facilities with dates of licensure after
December
31,
1979, but prior to
January 1, 1981, not exceeding:
(a) Twelve dollars per patient day if the beds were
originally licensed as
residential facility beds by the department
of mental retardation and
developmental disabilities;
(b) Six dollars per patient day if the beds were originally
licensed as nursing home beds by the department of health.
(7) For facilities with dates of licensure after December
31,
1980, but prior to January 1, 1982, not exceeding:
(a) Twelve dollars per patient day if the beds were
originally
licensed as residential facility beds by the department
of mental retardation
and developmental disabilities;
(b) Six dollars and forty-five cents per patient day if the
beds
were originally licensed as nursing home beds by the
department of health.
(8) For facilities with dates of licensure after December
31,
1981, but prior to January 1, 1983, not exceeding:
(a) Twelve dollars per patient day if the beds were
originally
licensed as residential facility beds by the department
of mental retardation
and developmental disabilities;
(b) Six dollars and seventy-nine cents per patient day if
the
beds
were originally licensed as nursing home beds by the
department of health.
(9) For facilities with dates of licensure after December
31,
1982, but prior to January 1, 1984, not exceeding:
(a) Twelve dollars per patient day if the beds were
originally
licensed as residential facility beds by the department
of mental retardation
and developmental disabilities;
(b) Seven dollars and nine cents per patient day if the beds
were
originally licensed as nursing home beds by the department of
health.
(10) For facilities with dates of licensure after December
31,
1983, but prior to January 1, 1985, not exceeding:
(a) Twelve dollars and twenty-four cents per patient day if
the
beds were originally
licensed as residential facility beds by
the department of mental retardation
and developmental
disabilities;
(b) Seven dollars and twenty-three cents per patient day if
the
beds were
originally licensed as nursing home beds by the
department of health.
(11) For facilities with dates of licensure after December
31,
1984, but prior to January 1, 1986, not exceeding:
(a) Twelve dollars and fifty-three cents per patient day if
the
beds were originally
licensed as residential facility beds by
the department of mental retardation
and developmental
disabilities;
(b) Seven dollars and forty cents per patient day if the
beds
were
originally licensed as nursing home beds by the
department of
health.
(12) For facilities with dates of licensure after December
31,
1985, but prior to January 1, 1987, not exceeding:
(a) Twelve dollars and seventy cents per patient day if the
beds were originally
licensed as residential facility beds by the
department of mental retardation
and developmental disabilities;
(b) Seven dollars and fifty cents per patient day if the
beds
were
originally licensed as nursing home beds by the
department of
health.
(13) For facilities with dates of licensure after December
31,
1986, but prior to January 1, 1988, not exceeding:
(a) Twelve dollars and ninety-nine cents per patient day if
the
beds were originally
licensed as residential facility beds by
the department of mental retardation
and developmental
disabilities;
(b) Seven dollars and sixty-seven cents per patient day if
the
beds were
originally licensed as nursing home beds by the
department of health.
(14) For facilities with dates of licensure after December
31,
1987, but prior to January 1, 1989, not exceeding thirteen
dollars and
twenty-six cents per patient day;
(15) For facilities with dates of licensure after December
31,
1988, but prior to January 1, 1990, not exceeding thirteen
dollars and
forty-six cents per patient day;
(16) For facilities with dates of licensure after December
31,
1989, but prior to January 1, 1991, not exceeding thirteen
dollars and
sixty cents per patient day;
(17) For facilities with dates of licensure after December
31,
1990, but prior to January 1, 1992, not exceeding thirteen
dollars and
forty-nine cents per patient day;
(18) For facilities with dates of licensure after December
31,
1991, but prior to January 1, 1993, not exceeding thirteen
dollars and
sixty-seven cents per patient day;
(19) For facilities with dates of licensure after December
31,
1992, not exceeding fourteen dollars and twenty-eight cents
per patient day.
(D) Beginning January 1, 1981, regardless of the original
date of licensure, the department of job and family
services shall
pay a rate for the per
diem capitalized costs of renovations to
intermediate care
facilities for the mentally retarded made after
January 1, l981,
not exceeding six dollars per patient day using
1980 as the base
year and adjusting the amount annually until June
30, 1993, for
fluctuations in construction costs calculated by the
department
using the "Dodge building cost indexes, northeastern
and north
central states," published by Marshall and Swift. The
payment
provided for in this division is the only payment that
shall be
made for the capitalized costs of a nonextensive
renovation of an
intermediate care facility for the mentally
retarded.
Nonextensive renovation costs shall not be included in
cost of
ownership, and a nonextensive renovation shall not affect
the
date of licensure for purposes of division (C) of this
section.
This division applies to nonextensive renovations
regardless of
whether they are made by an owner or a lessee. If
the tenancy of
a lessee that has made renovations ends before the
depreciation
expense for the renovation costs has been fully
reported, the
former lessee shall not report the undepreciated
balance as an
expense.
For a nonextensive renovation to qualify for payment under
this division, both of the following conditions must be met:
(1) At least five years have elapsed since the date of
licensure or date of an extensive renovation of the portion of
the
facility that is proposed to be renovated, except that this
condition does not apply if the renovation is necessary to meet
the requirements of federal, state, or local statutes,
ordinances,
rules, or policies.
(2) The provider has obtained prior approval from the
department of job and family services. The provider
shall submit
a
plan that describes in
detail the changes in capital assets to
be
accomplished by means
of the renovation and the timetable for
completing the project.
The time for completion of the project
shall be no more than
eighteen months after the renovation begins.
The
director of
job and family services shall adopt rules under
section 5111.02 of the Revised
Code that specify
criteria and
procedures for prior approval of
renovation projects.
No provider
shall separate a project with
the intent to evade the
characterization of the project as a
renovation or as an extensive
renovation. No provider shall
increase the scope of a project
after it is approved by the
department of job and family services
unless the increase
in scope is approved by the department.
(E) The amounts specified in divisions (C) and (D) of this
section shall be adjusted beginning July 1, 1993, for the
estimated inflation for the twelve-month period beginning on the
first day of July of the calendar year preceding the calendar
year
that precedes the fiscal year for which rate will be paid
and
ending on the thirtieth day of the following June, using the
consumer price index for shelter costs for all urban consumers
for
the north central region, as published by the United States
bureau
of labor statistics inflation measuring system or inflation factor
the director of job
and family services shall specify in rules
adopted under section
5111.02 of the Revised Code.
(F)(1) For facilities of eight or fewer beds that have
dates
of licensure or have been granted project authorization by
the
department of mental retardation and developmental
disabilities
before July 1, 1993, and for facilities of eight or
fewer beds
that have dates of licensure or have been granted
project
authorization after that date if the providers of the facilities
demonstrate that
they made substantial commitments of funds on or
before that date,
cost of ownership shall not exceed eighteen
twenty-eight
dollars and thirty
cents per resident per day. The
eighteen-dollar
and thirty-cent twenty-eight-dollar
amount
shall
be increased by the
change in the
"Dodge building
cost
indexes,
northeastern and
north central
states," published by
Marshall and
Swift, during
the period
beginning June 30, 1990,
and
ending
July 1, 1993, and
by the
change in the consumer price
index
for
shelter costs for
all urban
consumers for the north
central
region, as published by
the United
States bureau of labor
statistics, adjusted beginning July 1, 2009, and annually
thereafter using the inflation measuring system or inflation
factor the director of job and family services shall specify in
rules adopted under section 5111.02 of the Revised Code.
(2) For facilities with eight or fewer beds that have
dates
of licensure or have been granted project authorization by
the
department of mental retardation and developmental
disabilities on
or after July 1, 1993, for which substantial
commitments of funds
were not made before that date, cost of
ownership payments shall
not exceed the applicable amount
calculated under division (F)(1)
of this section, if the
department of job and family services
gives prior
approval for construction of the facility. If the
department does not give
prior approval, cost of ownership
payments shall not exceed the
amount specified in division (C) of
this section.
(3) Notwithstanding divisions (D) and (F)(1) and (2) of
this
section, the total payment for cost of ownership, cost of
ownership efficiency incentive, and capitalized costs of
renovations for an intermediate care facility for the mentally
retarded with eight or fewer beds shall not exceed the sum of the
limitations specified in divisions (C) and (D) of this
section.
(G) Notwithstanding any provision of this section or
section
5111.241 of the Revised Code, the director of
job and family
services may adopt
rules under section 5111.02 of the
Revised Code
that
provide for a calculation of a combined maximum
payment limit
for
indirect care costs and cost of ownership for
intermediate
care
facilities for the mentally retarded with eight
or fewer
beds.
(H)
After
the date
on which a transaction of sale is closed,
the provider
shall
refund
to the department the amount of excess
depreciation
paid to
the provider for the
facility by the
department for each year the provider has
operated
the facility
under a provider agreement and prorated
according to
the number of
medicaid patient days for which the
provider has
received payment
for the facility.
For the purposes of this division,
"depreciation
paid to the provider for the
facility" means the
amount paid to the provider for the intermediate
care facility
for
the mentally retarded for cost of ownership
pursuant to this
section less any amount paid for interest costs.
For the purposes
of this division, "excess depreciation" is the
intermediate care
facility for the mentally retarded's
depreciated basis, which is
the provider's cost less accumulated
depreciation, subtracted from
the purchase price but not
exceeding the amount of depreciation
paid to the provider for the facility.
(I) The department of job and family services shall pay a
provider for
each of the provider's
eligible proprietary
intermediate care facilities for the mentally
retarded a return on
the facility's net equity computed at the
rate of one and one-half
times the average of interest rates on
special issues of public
debt obligations issued to the federal
hospital insurance trust
fund for the cost reporting period. No
facility's return on net
equity paid under this division shall
exceed one dollar per
patient day.
In calculating the rate for return on net equity, the
department shall use the greater of the facility's inpatient days
during the applicable cost reporting period or the number of
inpatient days the facility would have had during that period if
its occupancy rate had been ninety-five per cent.
(J)(1) Except as provided in division
(J)(2) of this
section,
if a
provider leases or transfers an interest in a
facility to
another provider who
is a
related party, the related
party's
allowable cost of ownership
shall include the lesser of
the
following:
(a) The annual lease expense or
actual cost of ownership,
whichever is applicable;
(b) The reasonable cost to the lessor
or provider making the
transfer.
(2) If a provider leases or transfers an interest in a
facility to another provider who is a related party, regardless of
the date of
the lease
or transfer, the related party's allowable
cost of ownership
shall include the annual lease expense or actual
cost of
ownership, whichever is applicable, subject to the
limitations
specified in divisions (B) to
(I) of this section, if
all of the
following conditions are met:
(a) The related party is a relative
of owner;
(b) In the case of a lease, if the lessor retains any
ownership
interest, it is, except as provided in division
(J)(2)(d)(ii) of this section, in
only the real property and any
improvements on the real
property;
(c) In the case of a transfer, the
provider making the
transfer retains, except as provided in
division (J)(2)(d)(iv) of
this
section, no ownership interest in
the facility;
(d) The department of job and family services
determines
that
the lease or transfer is an arm's length
transaction
pursuant
to
rules adopted under section 5111.02 of the Revised Code. The
rules
shall
provide that a lease or transfer is an arm's length
transaction if all of
the following, as applicable, apply:
(i) In the case of a lease, once the lease goes into effect,
the
lessor has no direct or indirect interest in the lessee or,
except as
provided in division (J)(2)(b) of this section, the
facility itself, including interest as an owner, officer,
director, employee,
independent contractor, or
consultant, but
excluding interest as a lessor.
(ii) In the case of a lease, the lessor does not reacquire
an
interest in the facility except through the exercise of a
lessor's
rights in
the event of a default. If the lessor
reacquires an
interest in the facility in this manner, the
department shall
treat the facility as if the lease never occurred
when the
department calculates its reimbursement rates for capital
costs.
(iii) In the case of a transfer, once the transfer goes into
effect, the provider that made the transfer has no direct or
indirect interest
in the provider that
acquires the facility or
the facility itself, including interest as an owner,
officer,
director,
employee, independent contractor, or consultant, but
excluding
interest as a creditor.
(iv) In the case of a transfer, the provider that made the
transfer does not reacquire an interest in the facility except
through the exercise of a creditor's rights in the
event of a
default. If the provider reacquires an interest in the
facility
in
this manner, the department shall treat the facility
as if the
transfer never occurred when the department calculates
its
reimbursement rates for capital costs.
(v) The lease or transfer satisfies any other criteria
specified
in the rules.
(e) Except in the case of hardship
caused by a catastrophic
event, as determined by the department,
or in the case of a lessor
or provider making the transfer who is at least
sixty-five years
of age, not less than twenty years have elapsed since, for
the
same facility, allowable cost of ownership was determined
most
recently under this division.
Sec. 5111.261. Except as otherwise provided in section
5111.264 of the Revised Code, the department of job and
family
services, in determining whether an intermediate care facility for
the mentally retarded's direct care costs and indirect
care costs
are allowable, shall place no limit on specific
categories of
reasonable costs other than compensation of owners,
compensation
of relatives of owners, and compensation of
administrators and
costs for resident meals that are prepared and
consumed outside
the facility.
Compensation cost limits for owners and relatives of owners
shall be based on compensation costs for individuals who hold
comparable positions but who are not owners or relatives of
owners, as reported on facility cost reports. As used in this
section, "comparable position" means the position that is held by
the owner or the owner's relative, if that position is listed
separately on the cost report form, or if the position is not
listed separately, the group of positions that is listed on the
cost report form and that includes the position held by the owner
or the owner's relative. In the case of an owner or owner's
relative who serves the facility in a capacity such as corporate
officer, proprietor, or partner for which no comparable position
or group of positions is listed on the cost report form, the
compensation cost limit shall be based on civil service
equivalents and shall be specified in rules adopted under section
5111.02 of the Revised Code.
Compensation cost limits for administrators shall be based
on
compensation costs for administrators who are not owners or
relatives of owners, as reported on facility cost reports.
Compensation cost limits for administrators of four or more
intermediate care facilities for the mentally retarded shall be
the same as the limits for administrators of intermediate care
facilities for the mentally retarded with
one hundred fifty or
more beds.
Sec. 5111.65. As used in sections 5111.65 to 5111.688
5111.689 of the Revised Code:
(A) "Change of operator" means an entering operator becoming
the operator of a nursing facility or intermediate care facility
for the mentally retarded in the place of the exiting operator.
(1) Actions that constitute a change of operator include the
following:
(a) A change in an exiting operator's form of legal
organization, including the formation of a partnership or
corporation from a sole proprietorship;
(b) A transfer of all the exiting operator's ownership
interest in the operation of the facility to the entering
operator, regardless of whether ownership of any or all of the
real property or personal property associated with the facility is
also transferred;
(c) A lease of the facility to the entering operator or the
exiting operator's termination of the exiting operator's lease;
(d) If the exiting operator is a partnership, dissolution of
the partnership;
(e) If the exiting operator is a partnership, a change in
composition of the partnership unless both of the following apply:
(i) The change in composition does not cause the
partnership's dissolution under state law.
(ii) The partners agree that the change in composition does
not constitute a change in operator.
(f) If the operator is a corporation, dissolution of the
corporation, a merger of the corporation into another corporation
that is the survivor of the merger, or a consolidation of one or
more other corporations to form a new corporation.
(2) The following, alone, do not constitute a change of
operator:
(a) A contract for an entity to manage a nursing facility or
intermediate care facility for the mentally retarded as the
operator's agent, subject to the operator's approval of daily
operating and management decisions;
(b) A change of ownership, lease, or termination of a lease
of real property or personal property associated with a nursing
facility or intermediate care facility for the mentally retarded
if an entering operator does not become the operator in place of
an exiting operator;
(c) If the operator is a corporation, a change of one or more
members of the corporation's governing body or transfer of
ownership of one or more shares of the corporation's stock, if the
same corporation continues to be the operator.
(B) "Effective date of a change of operator" means the day
the entering operator becomes the operator of the nursing facility
or intermediate care facility for the mentally retarded.
(C) "Effective date of a facility closure" means the last day
that the last of the residents of the nursing facility or
intermediate care facility for the mentally retarded resides in
the facility.
(D) "Effective date of a voluntary termination" means the day
the intermediate care facility for the mentally retarded ceases to
accept medicaid patients.
(E) "Effective date of a voluntary withdrawal of
participation" means the day the nursing facility ceases to accept
new medicaid patients other than the individuals who reside in the
nursing facility on the day before the effective date of the
voluntary withdrawal of participation.
(F) "Entering operator" means the person or government entity
that will become the operator of a nursing facility or
intermediate care facility for the mentally retarded when a change
of operator occurs.
(G) "Exiting operator" means any of the following:
(1) An operator that will cease to be the operator of a
nursing facility or intermediate care facility for the mentally
retarded on the effective date of a change of operator;
(2) An operator that will cease to be the operator of a
nursing facility or intermediate care facility for the mentally
retarded on the effective date of a facility closure;
(3) An operator of an intermediate care facility for the
mentally retarded that is undergoing or has undergone a voluntary
termination;
(4) An operator of a nursing facility that is undergoing or
has undergone a voluntary withdrawal of participation.
(H)(1) "Facility closure" means discontinuance of the use of
the building, or part of the building, that houses the facility as
a nursing facility or intermediate care facility for the mentally
retarded that results in the relocation of all of the facility's
residents. A facility closure occurs regardless of any of the
following:
(a) The operator completely or partially replacing the
facility by constructing a new facility or transferring the
facility's license to another facility;
(b) The facility's residents relocating to another of the
operator's facilities;
(c) Any action the department of health takes regarding the
facility's certification under Title XIX of the "Social Security
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, that may
result in the transfer of part of the facility's survey findings
to another of the operator's facilities;
(d) Any action the department of health takes regarding the
facility's license under Chapter 3721. of the Revised Code;
(e) Any action the department of mental retardation and
developmental disabilities takes regarding the facility's license
under section 5123.19 of the Revised Code.
(2) A facility closure does not occur if all of the
facility's residents are relocated due to an emergency evacuation
and one or more of the residents return to a medicaid-certified
bed in the facility not later than thirty days after the
evacuation occurs.
(I) "Fiscal year," "intermediate care facility for the
mentally retarded," "nursing facility," "operator," "owner," and
"provider agreement" have the same meanings as in section 5111.20
of the Revised Code.
(J) "Voluntary termination" means an operator's voluntary
election to terminate the participation of an intermediate care
facility for the mentally retarded in the medicaid program but to
continue to provide service of the type provided by a residential
facility as defined in section 5123.19 of the Revised Code.
(K) "Voluntary withdrawal of participation" means an
operator's voluntary election to terminate the participation of a
nursing facility in the medicaid program but to continue to
provide service of the type provided by a nursing facility.
Sec. 5111.651. Sections 5111.65 to 5111.688 5111.689 of the
Revised
Code do not apply to a nursing facility or intermediate
care
facility for the mentally retarded that undergoes a facility
closure, voluntary termination, voluntary withdrawal of
participation, or change of operator on or before September 30,
2005, if the exiting operator provided written notice of the
facility closure, voluntary termination, voluntary withdrawal of
participation, or change of operator to the department of job and
family services on or before June 30, 2005.
Sec. 5111.688. (A) There is hereby created in the state
treasury
the exiting operator fund. All amounts withheld under
section
5111.681 of the Revised Code from payment due an exiting
operator
under the medicaid program shall be deposited into the
fund. Money
in the fund shall be used as follows:
(1) To pay an exiting operator when a withholding is released
to the exiting operator under section 5111.686 or 5111.687 of the
Revised Code;
(2) To pay the department of job and family services and
United States centers for medicare and medicaid services the
amount an exiting operator owes the department and United States
centers under the medicaid program.
(B) Amounts paid from the exiting operator fund pursuant to
division (A)(2) of this section shall be
deposited into the
appropriate department fund.
Sec. 5111.688 5111.689. The director of job and family
services may adopt rules under section 5111.02 of the Revised Code
to implement sections 5111.65 to 5111.688 5111.689 of the Revised
Code, including rules applicable to an exiting operator that
provides written notification under section 5111.66 of the Revised
Code of a voluntary withdrawal of participation. Rules adopted
under this section shall comply with section 1919(c)(2)(F) of the
"Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.
1396r(c)(2)(F), regarding restrictions on transfers or discharges
of nursing facility residents in the case of a voluntary
withdrawal of participation. The rules may prescribe a medicaid
reimbursement methodology and other procedures that are applicable
after the effective date of a voluntary withdrawal of
participation that differ from the reimbursement methodology and
other procedures that would otherwise apply.
Sec. 5111.705. No individual shall be denied eligibility for
the medicaid buy-in for workers with disabilities program on the
basis that the individual receives services under a home and
community-based services medicaid waiver component as defined in
section 5111.851 5111.85 of the Revised Code.
Sec. 5111.85. (A) As used in this section and sections
5111.851 to 5111.856 of the Revised Code,
"medicaid:
"Home and community-based services medicaid waiver component"
means a medicaid waiver component under which home and
community-based services are provided as an alternative to
hospital, nursing facility, or intermediate care facility for the
mentally retarded services.
"Hospital" has the same meaning as in section 3727.01 of the
Revised Code.
"Intermediate care facility for the mentally retarded" has
the same meaning as in section 5111.20 of the Revised Code.
"Medicaid
waiver component" means a component of the medicaid
program
authorized by a waiver granted by the United States
department of
health and human services under section 1115 or 1915
of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.
1315 or
1396n.
"Medicaid waiver component" does not include a
care
management system established under section 5111.16 of the
Revised Code.
"Nursing facility" has the same meaning as in section 5111.20
of the Revised Code.
(B) The director of job and family services may adopt
rules
under Chapter 119. of the Revised Code governing medicaid
waiver
components that establish all of the following:
(1) Eligibility requirements for the medicaid waiver
components;
(2) The type, amount, duration, and scope of services the
medicaid waiver components provide;
(3) The conditions under which the medicaid waiver
components
cover services;
(4) The amount the medicaid waiver components pay for
services or the method by which the amount is determined;
(5) The manner in which the medicaid waiver components pay
for services;
(6) Safeguards for the health and welfare of medicaid
recipients receiving services under a medicaid waiver component;
(7) Procedures for both of the following:
(a) Identifying individuals who meet all of the following
requirements:
(i) Are eligible for a home and community-based services
medicaid waiver component and on a waiting list for the component;
(ii) Are receiving inpatient hospital services or residing in
an intermediate care
facility for the mentally retarded or
nursing facility (as
appropriate for the component);
(iii) Choose to be enrolled in the component.
(b) Approving the enrollment of individuals identified under
the procedures established under division (B)(7)(a) of this
section into the home and community-based services medicaid waiver
component.
(8) Procedures for enforcing the rules, including
establishing corrective action plans for, and imposing financial
and administrative sanctions on, persons and government entities
that violate the rules. Sanctions shall include terminating
medicaid provider agreements. The procedures shall include due
process
protections.
(8)(9) Other policies necessary for the efficient
administration of the medicaid waiver components.
(C) The director of job and family services may adopt
different rules for the different medicaid waiver components. The
rules shall be consistent with the terms of the waiver authorizing
the medicaid waiver component.
(D) Any procedures established under division (B)(7) of this
section for the PASSPORT program shall be consistent with section
173.401 of the Revised Code. Any procedures established under
division (B)(7) of this section for the assisted living program
shall be consistent with section 5111.894 of the Revised Code.
Sec. 5111.851. (A) As used in sections 5111.851 to 5111.855
of the Revised Code:
"Administrative agency" means, with respect to a home and
community-based services medicaid waiver component, the department
of job and family services or, if a state agency or political
subdivision contracts with the department under section 5111.91 of
the Revised Code to administer the component, that state agency or
political subdivision.
"Home and community-based services medicaid waiver component"
means a medicaid waiver component under which home and
community-based services are provided as an alternative to
hospital, nursing facility, or intermediate care facility for the
mentally retarded services.
"Hospital" has the same meaning as in section 3727.01 of the
Revised Code.
"Intermediate care facility for the mentally retarded" has
the same meaning as in section 5111.20 of the Revised Code.
"Level of care determination" means a determination of
whether an individual needs the level of care provided by a
hospital, nursing facility, or intermediate care facility for the
mentally retarded and whether the individual, if determined to
need that level of care, would receive hospital, nursing facility,
or intermediate care facility for the mentally retarded services
if not for a home and community-based services medicaid waiver
component.
"Medicaid buy-in for workers with disabilities program" means
the component of the medicaid program established under sections
5111.70 to 5111.7011 of the Revised Code.
"Nursing facility" has the same meaning as in section 5111.20
of the Revised Code.
"Skilled nursing facility" means a facility certified as a
skilled nursing facility under Title XVIII of the "Social Security
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.
(B) The following requirements apply to each home and
community-based services medicaid waiver component:
(1) Only an individual who qualifies for a component shall
receive that component's services.
(2) A level of care determination shall be made as part of
the process of determining whether an individual qualifies for a
component and shall be made each year after the initial
determination if, during such a subsequent year, the
administrative agency determines there is a reasonable indication
that the individual's needs have changed.
(3) A written plan of care or individual service plan based
on an individual assessment of the services that an individual
needs to avoid needing admission to a hospital, nursing facility,
or intermediate care facility for the mentally retarded shall be
created for each individual determined eligible for a component.
(4) Each individual determined eligible for a component shall
receive that component's services in accordance with the
individual's level of care determination and written plan of care
or individual service plan.
(5) No individual may receive services under a component
while the individual is a hospital inpatient or resident of a
skilled nursing facility, nursing facility, or intermediate care
facility for the mentally retarded.
(6) No individual may receive prevocational, educational, or
supported employment services under a component if the individual
is eligible for such services that are funded with federal funds
provided under 29 U.S.C. 730 or the "Individuals with Disabilities
Education Act," 111 Stat. 37 (1997), 20 U.S.C. 1400, as amended.
(7) Safeguards shall be taken to protect the health and
welfare of individuals receiving services under a component,
including safeguards established in rules adopted under section
5111.85 of the Revised Code and safeguards established by
licensing and certification requirements that are applicable to
the providers of that component's services.
(8) No services may be provided under a component by a
provider that is subject to standards that 42 U.S.C. 1382e(e)(1)
requires be established if the provider fails to comply with the
standards applicable to the provider.
(9) Individuals determined to be eligible for a component, or
such individuals' representatives, shall be informed of that
component's services, including any choices that the individual or
representative may make regarding the component's services, and
given the choice of either receiving services under that component
or, as appropriate, hospital, nursing facility, or intermediate
care facility for the mentally retarded services.
(10) No individual shall lose eligibility for services under
a component, or have the services reduced or otherwise disrupted,
on the basis that the individual also receives services under the
medicaid buy-in for workers with disabilities program.
(11) No individual shall lose eligibility for services under
a component, or have the services reduced or otherwise disrupted,
on the basis that the individual's income or resources increase to
an
amount above the eligibility limit for the component if the
individual is participating in the medicaid buy-in for workers
with disabilities program and the amount of the individual's
income or resources does not exceed the eligibility limit for the
medicaid buy-in for workers with disabilities program.
(12) No individual receiving services under a component shall
be required to pay any cost sharing expenses for the services for
any period during which the individual also participates in the
medicaid buy-in for workers with disabilities program.
Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710
of the Revised Code:
"Home and community-based services" has the same meaning as
in section 5123.01 of the Revised Code.
"ICF/MR services" means intermediate care facility for the
mentally retarded services covered by the medicaid program that an
intermediate care facility for the mentally retarded provides to a
resident of the facility who is a medicaid recipient eligible for
medicaid-covered intermediate care facility for the mentally
retarded services.
"Intermediate care facility for the mentally retarded" means
an intermediate care facility for the mentally retarded that is
certified as in compliance with applicable standards for the
medicaid program by the director of health in accordance with
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42
U.S.C. 1396, as amended, and licensed as a residential facility
under section 5123.19 of the Revised Code.
"Residential facility" has the same meaning as in section
5123.19 of the Revised Code.
(B) For the purpose of increasing the number of slots
available for home and community-based services and subject to
sections 5111.877 and 5111.878 of the Revised Code, the
operator
of an
intermediate care facility for the mentally
retarded may
convert
all of the beds in the facility from
providing ICF/MR
services to
providing home and community-based
services if all
of the
following requirements are met:
(1) The operator provides the directors of health, job and
family services, and mental retardation and developmental
disabilities at least ninety days' notice of the operator's intent
to relinquish the facility's certification as an intermediate care
facility for the mentally retarded and to begin providing home and
community-based services.
(2) The operator complies with the requirements of sections
5111.65 to 5111.688 5111.689 of the Revised Code regarding a
voluntary
termination as defined in section 5111.65 of the
Revised Code if
those requirements are applicable.
(3) The operator notifies each of the facility's residents
that the facility is to cease providing ICF/MR services and inform
each
resident that the resident may do either of the following:
(a) Continue to receive ICF/MR services by transferring to
another facility that is an intermediate care facility for the
mentally retarded willing and able to accept the resident if the
resident
continues to qualify for ICF/MR services;
(b) Begin to receive home and community-based services
instead of ICF/MR services from any provider of home and
community-based services that is willing and able to
provide the
services
to the resident if the resident is eligible
for the
services and a slot for the services is available to the resident.
(4) The operator meets the requirements for providing home
and community-based services, including the
following:
(a) Such requirements applicable to a residential facility if
the operator maintains the facility's license as a residential
facility;
(b) Such requirements applicable to a facility that is not
licensed as a residential facility if the operator surrenders the
facility's residential facility license under section 5123.19 of
the Revised Code.
(5) The director of mental retardation and developmental
disabilities approves the conversion.
(C) The notice to the director of mental retardation and
developmental disabilities under division (B)(1) of this section
shall specify whether the operator wishes to surrender the
facility's license as a residential facility under section 5123.19
of the Revised Code.
(D) If the director of mental retardation and developmental
disabilities approves a conversion under division (B) of this
section, the director of health shall terminate the certification
of the intermediate care facility for the mentally retarded to be
converted. The
director of health shall notify the director of
job and family
services of the termination. On receipt of the
director of
health's notice, the director of job and family
services shall
terminate the operator's medicaid provider
agreement that
authorizes the operator to provide ICF/MR services
at the
facility. The operator is not entitled to notice or a
hearing
under Chapter 119. of the Revised Code before the
director of job
and family services terminates the medicaid
provider agreement.
Sec. 5111.875. (A) For the purpose of increasing the number
of slots available for home and community-based services and
subject to sections 5111.877 and 5111.878 of the Revised
Code, a
person who
acquires, through a request for proposals
issued by
the director
of mental retardation and developmental
disabilities, a
residential facility that is an intermediate care
facility for
the mentally retarded and for which the license as a
residential
facility was previously surrendered or revoked may
convert some
or all of the facility's beds from providing
ICF/MR
services to
providing home and community-based services if
all
of the
following requirements are met:
(1) The person provides the directors of health, job and
family services, and mental retardation and developmental
disabilities at least ninety days' notice of the person's intent
to make the conversion.
(2) The person complies with the requirements of sections
5111.65 to 5111.688 5111.689 of the Revised Code regarding a
voluntary
termination as defined in section 5111.65 of the
Revised Code if
those requirements are applicable.
(3) If the person intends to convert all of the facility's
beds, the person notifies each of the facility's residents that
the facility
is to cease providing ICF/MR services and informs
each resident that the
resident may do either of the following:
(a) Continue to receive ICF/MR services by transferring to
another facility that is an intermediate care facility for the
mentally retarded willing and able to accept the resident if the
resident
continues to qualify for ICF/MR services;
(b) Begin to receive home and community-based services
instead of ICF/MR services from any
provider of home and
community-based services that is willing and able to
provide the
services
to the resident if the resident is eligible
for the
services and a slot for the services is available to the resident.
(4) If the person intends to convert some but not all of the
facility's beds, the person notifies each of the facility's
residents that
the facility is to convert some of its beds from
providing ICF/MR
services to providing home and community-based
services and inform
each resident that the resident may do either
of the following:
(a) Continue to receive ICF/MR services from any provider of
ICF/MR services that is willing and able to
provide the services
to the
resident if the resident continues to qualify for
ICF/MR
services;
(b) Begin to receive home and community-based services
instead of ICF/MR services from any provider of home and
community-based services that is willing and able to
provide the
services
to the resident if the resident is eligible
for the
services and a slot for the services is available to the resident.
(5) The person meets the requirements for providing home and
community-based services at a residential facility.
(B) The notice provided to the directors under division
(A)(1) of this section shall specify whether some or all of the
facility's
beds are to be converted. If some but not all of
the
beds are to be converted, the notice shall specify how many of
the facility's beds are to be converted and how many of the beds
are to continue to provide ICF/MR services.
(C) On receipt of a notice under division (A)(1) of this
section, the director of health shall do the following:
(1) Terminate the certification of the intermediate care
facility for the mentally retarded if the notice specifies that
all of the facility's beds are to be converted;
(2) Reduce the facility's certified capacity by the number of
beds being converted if the notice specifies that some but not all
of the beds are to be converted.
(D) The director of health shall notify the director of job
and family services of the termination or reduction under division
(C) of this section. On receipt of the director of health's
notice, the director of job and family services shall do the
following:
(1) Terminate the person's medicaid provider agreement that
authorizes the person to provide ICF/MR services at the facility
if the facility's certification was terminated;
(2) Amend the person's medicaid provider agreement to reflect
the facility's reduced certified capacity if the facility's
certified capacity is reduced.
The person is not entitled to notice or a hearing under
Chapter 119. of the Revised Code before the director of job and
family services terminates or amends the medicaid provider
agreement.
Sec. 5111.88. (A) As used in sections 5111.88 to 5111.8811
of the Revised Code:
(1) "Adult" means an individual at least eighteen years of
age.
(2) "Authorized representative" means the following:
(a) In the case of a consumer who is a minor, the consumer's
parent, custodian, or guardian;
(b) In the case of a consumer who is an adult, an individual
selected by the consumer pursuant to section 5111.8810 of the
Revised Code to act on the consumer's behalf for purposes
regarding home care attendant services.
(3) "Authorizing health care professional" means a health
care professional who, pursuant to section 5111.887 of the Revised
Code, authorizes a home care attendant to assist a consumer with
self-administration of medication, nursing tasks, or both.
(4) "Consumer" means an individual to whom all of the
following apply:
(a) The individual is enrolled in a participating medicaid
waiver component.
(b) The individual has a medically determinable physical
impairment to which both of the following apply:
(i) It is expected to last for a continuous period of not
less than twelve months.
(ii) It causes the individual to require assistance with
activities of daily living, self-care, and mobility, including
either assistance with self-administration of medication or the
performance of nursing tasks, or both.
(c) In the case of an individual who is an adult, the
individual is mentally alert and is, or has an
authorized
representative who is, capable of selecting, directing
the
actions of, and dismissing a home care attendant.
(d) In the case of an individual who is a minor, the
individual has an authorized representative who is capable of
selecting, directing the actions of, and dismissing a home care
attendant.
(5) "Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.
(6) "Custodian" has the same meaning as in section 2151.011
of the Revised Code.
(7) "Gastrostomy tube" means a percutaneously inserted
catheter that terminates in the stomach.
(8) "Guardian" has the same meaning as in section 2111.01 of
the Revised Code.
(9) "Health care professional" means a physician or
registered nurse.
(10) "Home care attendant" means an individual holding a
valid medicaid provider agreement in accordance with section
5111.881 of the Revised Code that authorizes the individual to
provide home care attendant services to consumers.
(11) "Home care attendant services" means all of the
following as provided by a home care attendant:
(a) Personal care aide services;
(b) Assistance with the self-administration of medication;
(c) Assistance with nursing tasks.
(12) "Jejunostomy tube" means a percutaneously inserted
catheter that terminates in the jejunum.
(13) "Medicaid waiver component" has the same meaning as in
section 5111.85 of the Revised Code.
(14) "Medication" means a drug as defined in section 4729.01
of the Revised Code.
(15) "Minor" means an individual under eighteen years of age.
(16) "Participating medicaid waiver component" means both of
the following:
(a) The medicaid waiver component known as Ohio home care
that the department of job and family services administers;
(b) The medicaid waiver component known as Ohio transitions
II aging carve-out that the department of job and family services
administers.
(17) "Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.
(18) "Practice of nursing as a registered nurse," "practice
of nursing as a licensed practical nurse," and "registered nurse"
have the same meanings as in section 4723.01 of the Revised Code.
"Registered nurse" includes an advanced practice nurse, as defined
in section 4723.01 of the Revised Code.
(19) "Schedule II," "schedule III," "schedule IV," and
"schedule V" have the same meanings as in section 3719.01 of the
Revised Code.
(B) The director of job and family services may submit
requests to the United States secretary of health and human
services to amend the federal medicaid waivers authorizing the
participating medicaid waiver components to have those components
cover home care attendant services in accordance with sections
5111.88 to 5111.8810 and rules adopted under section 5111.8811 of
the Revised Code. Notwithstanding sections 5111.881 to 5111.8811
of the Revised Code, those sections shall be implemented regarding
a participating medicaid waiver component only if the secretary
approves a waiver amendment for the component.
Sec. 5111.881. The director of job and family services shall
enter into a medicaid provider agreement with an individual to
authorize the individual to provide home care attendant services
to consumers if the individual does both of the following:
(A) Agrees to comply with the requirements of sections
5111.88 to 5111.8810 and rules adopted under section 5111.8811 of
the Revised Code;
(B) Provides the director evidence satisfactory to the
director of all of the following:
(1) That the individual either meets the personnel
qualifications specified in 42 C.F.R. 484.4 for home health aides
or has successfully completed at least one of the following:
(a) A competency evaluation program or training and
competency evaluation program approved or conducted by the
director of health under section 3721.31 of the Revised Code;
(b) A training program approved by the department of job and
family services that includes training in at least all
of the
following and provides training equivalent to a training
and
competency evaluation program specified in division (B)(1)(a) of
this
section or meets the requirements of 42 C.F.R. 484.36(a):
(ii) Universal precautions for the prevention of disease
transmission, including hand-washing and proper disposal of bodily
waste and medical instruments that are sharp or may produce sharp
pieces if broken;
(iii) Personal care aide services;
(iv) The labeling, counting, and storage requirements for
schedule II, III, IV, and V medications.
(2) That the individual has obtained a certificate of
completion of a course in first aid from a first aid course to
which all of the following apply:
(a) It is not provided solely through the internet.
(b) It includes hands-on training provided by a first aid
instructor who is qualified to provide such training according to
standards set in rules adopted under section 5111.8811 of the
Revised Code.
(c) It requires the individual to demonstrate successfully
that the individual has learned the first aid taught in the
course.
(3) That the individual meets any other requirements for the
medicaid provider agreement specified in rules adopted under
section 5111.8811 of the Revised Code.
Sec. 5111.882. A home care attendant shall complete not less
than twelve hours of in-service continuing education regarding
health care attendant services each year and provide the director
of job and family services evidence satisfactory to the director
that the attendant satisfied this requirement. The evidence shall
be submitted to the director not later than the annual anniversary
of the issuance of the home care attendant's initial medicaid
provider agreement.
Sec. 5111.883. A home care attendant shall do all of the
following:
(A) Maintain a clinical record for each consumer to whom the
attendant provides home care attendant services in a manner that
protects the consumer's privacy;
(B) Participate in a face-to-face visit every ninety days
with all of the following to monitor the health and welfare of
each of the consumers to whom the attendant provides home care
attendant services:
(2) The consumer's authorized representative, if any;
(3) A registered nurse who agrees to answer any questions
that the attendant, consumer, or authorized representative has
about consumer care needs, medications, and other issues.
(C) Document the activities of each visit required by
division (B) of this section in the consumer's clinical record
with the assistance of the registered nurse.
Sec. 5111.884. (A) A home care attendant may assist a
consumer with nursing tasks or self-administration of medication
only after the attendant does both of the following:
(1) Subject to division (B) of this section, completes
consumer-specific training in how to provide the assistance that
the authorizing health care professional authorizes the attendant
to provide to the consumer;
(2) At the request of the consumer, consumer's authorized
representative, or authorizing health care professional,
successfully demonstrates that the attendant has learned how to
provide the authorized assistance to the consumer.
(B) The training required by division (A)(1) of this section
shall be provided by either of the following:
(1) The authorizing health care professional;
(2) The consumer or consumer's authorized representative in
cooperation with the authorizing health care professional.
Sec. 5111.885. A home care attendant shall comply with both
of the following when assisting a consumer with nursing tasks or
self-administration of medication:
(A) The written consent of the consumer or consumer's
authorized representative provided to the director of job and
family services under section 5111.886 of the Revised Code;
(B) The authorizing health care professional's written
authorization provided to the director under section 5111.887 of
the Revised Code.
Sec. 5111.886. To consent to a home care attendant assisting
a consumer with nursing tasks or self-administration of
medication, the consumer or consumer's authorized representative
shall
provide the director of job and family services a written
statement signed by the consumer or authorized representative
under which the consumer or authorized representative consents to
both of the following:
(A) Having the attendant assist the consumer with nursing
tasks or self-administration of medication;
(B) Assuming responsibility for directing the attendant when
the attendant assists the consumer with nursing tasks or
self-administration of medication.
Sec. 5111.887. To authorize a home care attendant to assist
a consumer with nursing tasks or self-administration of
medication, a health care professional shall provide the director
of job and family services a written statement signed by the
health care professional that includes all of the following:
(A) The consumer's name and address;
(B) A description of the nursing tasks or self-administration
of medication with which the attendant is to assist the consumer,
including, in the case of assistance with self-administration of
medication, the name and dosage of the medication;
(C) The times or intervals when the attendant is to assist
the consumer with the self-administration of each dosage of the
medication or nursing tasks;
(D) The dates the attendant is to begin and cease providing
the assistance;
(E) A list of severe adverse reactions the attendant must
report to the health care professional should the consumer
experience one or more of the reactions;
(F) At least one telephone number at which the attendant can
reach the health care professional in an emergency;
(G) Instructions the attendant is to follow when assisting
the consumer with nursing tasks or self-administration of
medication, including instructions for maintaining sterile
conditions and for storage of task-related equipment and supplies;
(H) The health care professional's attestation of both of the
following:
(1) That the consumer or consumer's authorized representative
has demonstrated to the health care professional the ability to
direct the attendant;
(2) That the attendant has demonstrated to the health care
professional the ability to provide the consumer assistance with
nursing tasks or self-administration of medication that the health
care professional has specifically authorized the attendant to
provide and that the consumer or consumer's authorized
representative has indicated to the health care professional that
the consumer or authorized representative is satisfied with the
attendant's demonstration.
Sec. 5111.888. When authorizing a home care attendant to
assist a consumer with nursing tasks or self-administration of
medication a health care professional may not authorize a home
care attendant to do any of the following:
(A) Perform a task that is outside of the health care
professional's scope of practice;
(B) Assist the consumer with the self-administration of a
medication unless the medication is in its original container and
the label attached to the container displays all of the following:
(1) The consumer's full name in print;
(2) The medication's dispensing date, which must not be more
than twelve months before the date the attendant assists the
consumer with self-administration of the medication;
(3) The exact dosage and means of administration that match
the health care professional's authorization to the attendant.
(C) Assist the consumer with the self-administration of a
schedule II, schedule III, schedule IV, or schedule V medication
unless all of the following apply:
(1) The medication is administered orally, topically, or via
a gastrostomy tube or jejunostomy tube,
including through any of
the following:
(a) In the case of an oral medication, a metered dose
inhaler;
(b) In the case of a topical medication, including a
transdermal medication, either of the following:
(i) An eye, ear, or nose drop or spray;
(ii) A vaginal or rectal suppository.
(c) In the case of a gastrostomy tube or jejunostomy tube,
only through a pre-programmed pump.
(2) The medication has a warning label on its container.
(3) The attendant counts the medication in the consumer's
presence when the medication is administered to the consumer and
records the count on a form used for the count as specified in
rules adopted under section 5111.8811 of the Revised Code.
(4) The attendant recounts the medication in the consumer's
presence at least monthly and reconciles the recount on a log
located in the consumer's clinical record.
(5) The medication is stored separately from all other
medications and is secured and locked at all times when not being
administered to the consumer to prevent unauthorized access.
(D) Perform an intramuscular injection;
(E) Perform a subcutaneous injection unless it is for a
routine dose of insulin;
(F) Program a pump used to deliver a medication unless the
pump is used to deliver a routine dose of insulin;
(G) Insert, remove, or discontinue an intravenous access
device;
(H) Engage in intravenous medication administration;
(I) Insert or initiate an infusion therapy;
(J) Perform a central line dressing change.
Sec. 5111.889. A home care attendant who provides home care
attendant services to a consumer in accordance with the
authorizing health care professional's authorization does not
engage in the practice of nursing as a registered nurse or in the
practice of nursing as a licensed practical nurse in violation of
section 4723.03 of the Revised Code.
A consumer or the consumer's authorized representative shall
report to the director of job and family services if a home care
attendant engages in the practice of nursing as a registered nurse
or the practice of nursing as a licensed practical nurse beyond
the authorizing health care professional's authorization. The
director shall forward a copy of each report to the board of
nursing.
Sec. 5111.8810. A consumer who is an adult may select an
individual to act on the consumer's behalf for purposes regarding
home care attendant services by submitting a written notice of the
consumer's selection of authorized representative to the director
of job and family services. The notice shall specifically identify
the individual the consumer selects as authorized representative
and may limit what the authorized representative may do on the
consumer's behalf regarding home care attendant services. A
consumer may not select the consumer's home care attendant to be
the consumer's authorized representative.
Sec. 5111.8811. The director of job and family services shall
adopt rules under section 5111.85 of the Revised Code as necessary
for the implementation of sections 5111.88 to 5111.8810 of the
Revised Code. The rules shall be consistent with federal and state
law.
Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the
Revised Code:
(A) "Intermediate care facility for the mentally retarded"
has the
same meaning as
in section 5111.20 of the Revised Code,
except that it does not
include any
such facility operated by the
department of mental retardation
and
developmental disabilities.
(B) "Medicaid" has the same meaning as in section 5111.01 of
the Revised Code.
Sec. 5112.31. The department of job and family services
shall do all of the following:
(A) For the purposes specified in sections 5112.37 and,
5112.371, and 5112.372 of the
Revised Code, annually assess each
intermediate
care facility for
the
mentally retarded a franchise
permit fee
equal to eleven fourteen
dollars
and
ninety-eight
twenty-five
cents multiplied by the
product of the following:
(1) The number of beds certified under Title XIX of the
"Social Security Act" on the first day of May of the calendar
year
in which the assessment is determined pursuant to division
(A) of
section 5112.33 of the Revised Code;
(2) The number of days in the fiscal year beginning on the
first day of July of the same calendar year.
(B) Beginning July 1, 2009 2011, and the first day of
each
July
thereafter, adjust fees determined under division (A) of
this
section in accordance with the composite inflation factor
established in rules
adopted under section 5112.39 of the Revised
Code.
(C) If the United States secretary of health and human
services
determines that the franchise permit fee established by
sections 5112.30 to
5112.39 of the Revised Code would be an
impermissible health care-related tax under section 1903(w) of the
"Social
Security Act," 42 U.S.C.A. 1396b(w), as amended, take all
necessary actions to
cease implementation of those sections in
accordance with rules adopted under
section 5112.39 of the Revised
Code.
Sec. 5112.37. There is hereby created in the state
treasury
the home and community-based services for the mentally
retarded
and developmentally disabled fund. Ninety-four Seventy-four and
twenty-eight eighty-nine
hundredths per cent of all installment
payments and
penalties
paid by
an intermediate
care facility
for the mentally
retarded
under
sections 5112.33 and 5112.34 of
the Revised Code
for state fiscal year 2010 shall be
deposited
into the fund. Seventy and sixty-seven hundredths per cent of all
installment payments and penalties paid by an intermediate care
facility for the mentally retarded under sections 5112.33 and
5112.34 of the Revised Code for state fiscal year 2011 and
thereafter shall be deposited into the fund. The
department of
job and
family
services
shall distribute the money
in the fund
in
accordance
with rules adopted under
section
5112.39 of the
Revised
Code. The
departments of job
and family
services and
mental
retardation and
developmental disabilities
shall use the
money for
the
medicaid
program established under
Chapter
5111.
of the Revised Code
and
home and community-based
services to
mentally retarded and
developmentally
disabled
persons.
Sec. 5112.371. There is hereby created in the state treasury
the children with intensive behavioral needs programs fund. Five
Three
and seventy-two seventy-eight hundredths per cent of all
installment payments
and penalties paid by an intermediate care
facility for the
mentally retarded under sections 5112.33 and
5112.34 of the
Revised Code for state fiscal year 2010 shall be
deposited in the fund. Three and fifty-seven hundredths per cent
of all installment payments and penalties paid by an intermediate
care facility for the mentally retarded under sections 5112.33 and
5112.34 of the Revised Code for state fiscal year 2011 and
thereafter shall be deposited into the fund. The
money in the
fund
shall be used for the programs the director of
mental
retardation
and developmental disabilities establishes
under
section 5123.0417
of the Revised Code.
Sec. 5112.372. There is hereby created in the state treasury
the ODMR/DD operating and services fund. Twenty-one and
thirty-three hundredths per cent of all installment payments and
penalties paid by an intermediate care facility for the mentally
retarded under sections 5112.33 and 5112.34 of the Revised Code
for state fiscal year 2010 shall be deposited into the fund.
Twenty-five and seventy-six hundredths per cent of all installment
payments and penalties paid by an intermediate care facility for
the mentally retarded under sections 5112.33 and 5112.34 of the
Revised Code for state fiscal year 2011 and thereafter shall be
deposited into the fund. The money in the fund shall be used for
the expenses of the programs that the department of mental
retardation and developmental disabilities administers and the
department's administrative expenses.
Sec. 5112.40. As used in sections 5112.40 to 5112.48 of the
Revised Code:
(A) "Assessment program year" means the twelve-month period
beginning the first day of October of a calendar year and ending
the last day of September of the following calendar year.
(B) "Cost reporting period" means the period of time used by
a hospital in reporting costs for purposes of the medicare
program.
(C) "Federal fiscal year" means the twelve-month period
beginning the first day of October of a calendar year and ending
the last day of September of the following calendar year.
(D) "Hospital" means a nonfederal hospital to which any of
the following applies:
(1) The hospital is registered under section 3701.07 of the
Revised Code as a general medical and surgical hospital or a
pediatric general hospital and provides inpatient hospital
services, as defined in 42 C.F.R. 440.10.
(2) The hospital is recognized under the medicare program as
a cancer hospital and is exempt from the medicare prospective
payment system.
(3) The hospital is a psychiatric hospital licensed under
section 5119.20 of the Revised Code.
(E) "Hospital care assurance program" means the program
established under sections 5112.01 to 5112.21 of the Revised Code.
(F) "Medicaid" has the same meaning as in section 5111.01 of
the Revised Code.
(G) "Medicare" means the program established under Title
XVIII of the Social Security Act.
(H) "State fiscal year" means the twelve-month period
beginning the first day of July of a calendar year and ending the
last day of June of the following calendar year.
(I)(1) Except as provided in divisions (I)(2) and (3) of this
section, "total facility costs" means the total costs to a
hospital for all care provided to all patients, including the
direct, indirect, and overhead costs to the hospital of all
services, supplies, equipment, and capital related to the care of
patients, regardless of whether patients are enrolled in a health
insuring corporation.
(2) "Total facility costs" excludes all of the following of a
hospital's costs as shown on the cost-reporting data used for
purposes of determining the hospital's assessment under section
5112.41 of the Revised Code:
(a) Skilled nursing services provided in distinct-part
nursing facility units;
(b) Home health services;
(e) Renting durable medical equipment;
(f) Buying durable medical equipment.
(3) "Total facility costs" excludes any costs excluded from a
hospital's total facility costs pursuant to rules, if any, adopted
under division (B) of section 5112.46 of the Revised Code.
Sec. 5112.41. (A) For the purposes specified in section
5112.45 of the Revised Code and subject to section 5112.48 of the
Revised Code, there is hereby imposed an assessment on all
hospitals each assessment program year. The amount of a hospital's
assessment for an assessment program year shall equal the
percentage specified in division (B) of this section of the
hospital's total facility costs for the period of time specified
in division (C) of this section. The amount of a hospital's total
facility costs shall be derived from cost-reporting data for the
hospital submitted to the department of job and family services
for purposes of the hospital care assurance program. The
cost-reporting data used to determine a hospital's assessment is
subject to the same type of adjustments made to the data under the
hospital care assurance program.
(B) The percentage specified in this division is the
following:
(1) For the first assessment program year beginning after the
effective date of this section, one and twenty-seven hundredths
per cent;
(2) For the second assessment program year after the
effective date of this section and each successive assessment
program year, one and thirty-seven hundredths per cent.
(C) The period of time specified in this division is the
hospital's cost reporting period that ends in the state fiscal
year that ends in the federal fiscal year that precedes the
federal fiscal year that precedes the assessment program year for
which the assessment is imposed.
(D) The assessment imposed by this section on a hospital is
in addition to the assessment imposed by section 5112.06 of the
Revised Code.
Sec. 5112.42. (A) Before or during each assessment program
year, the department of job and family services shall mail to each
hospital by certified mail, return receipt requested, the
preliminary determination of the amount that the hospital is
assessed under section 5112.41 of the Revised Code for the
assessment program year. Except as provided in division (B) of
this section, the preliminary determination becomes the final
determination for the assessment program year fifteen days after
the preliminary determination is mailed to the hospital.
(B) A hospital may request that the department reconsider the
preliminary determination mailed to the hospital under division
(A) of this section by submitting to the department a written
request for a reconsideration not later than fourteen days after
the hospital's preliminary determination is mailed to the
hospital. The request must be accompanied by written materials
setting forth the basis for the reconsideration. On receipt of the
timely request, the department shall reconsider the preliminary
determination and may adjust the preliminary determination on the
basis of the written materials accompanying the request. The
result of the reconsideration is the final determination of the
hospital's assessment under section 5112.41 of the Revised Code
for the assessment program year.
(C) The department shall mail to each hospital a written
notice of the final determination of its assessment for the
assessment program year. A hospital may appeal the final
determination to the court of common pleas of Franklin county.
While a judicial appeal is pending, the hospital shall pay, in
accordance with section 5112.43 of the Revised Code, any amount of
its assessment that is not in dispute.
Sec. 5112.43. Each hospital shall pay the amount it is
assessed under section 5112.41 of the Revised Code in three equal
installments due on the fifteenth day of December, the fifteenth
day of March, and the fifteenth day of June of each assessment
program year unless rules adopted under section 5112.46 of the
Revised Code establish a different payment schedule.
Sec. 5112.44. The department of job and family services may
audit a hospital to ensure that the hospital properly pays the
amount it is assessed under section 5112.41 of the Revised Code.
The department shall take action to recover from a hospital any
amount the audit reveals that the hospital should have paid but
did not pay.
Sec. 5112.45. There is hereby created in the state treasury
the hospital assessment fund. All installment payments made by
hospitals under section 5112.43 of the Revised Code and all
recoveries the department of job and family services makes under
section 5112.44 of the Revised Code shall be deposited into the
fund. All investment earnings of the fund shall be credited to the
fund. The department shall use money in the fund to pay for the
costs of the medicaid program, including the program's
administrative costs.
Sec. 5112.46. (A) The director of job and family services
may adopt, amend, and rescind rules in accordance with Chapter
119. of the Revised Code as necessary to implement sections
5112.40 to 5112.48 of the Revised Code.
(B) The rules adopted under this section may provide that a
hospital's total facility costs for the purpose of the assessment
under section 5112.41 of the Revised Code exclude any of the
following:
(1) A hospital's costs associated with providing care to
recipients of any of the following:
(a) The medicaid program;
(b) The medicare program;
(c) The disability financial assistance program established
under Chapter 5115. of the Revised Code;
(d) The disability medical assistance program established
under Chapter 5115. of the Revised Code;
(e) The program for medically handicapped children
established under section 3701.023 of the Revised Code;
(f) Services provided under the maternal and child health
services block grant established under Title V of the Social
Security Act.
(2) Any other category of hospital costs the director deems
appropriate under federal law and regulations governing the
medicaid program.
Sec. 5112.47. The director of job and family services shall
implement the assessment imposed by section 5112.41 of the Revised
Code in a manner that does not cause a reduction in federal
financial participation for the medicaid program under 42 U.S.C.
1396b(w).
Sec. 5112.48. If the United States secretary of health and
human services determines that the assessment imposed by section
5112.41 of the Revised Code is an impermissible health
care-related tax under 42 U.S.C. 1396b(w), the director of job and
family services shall take all necessary actions to cease
implementation of sections 5112.40 to 5112.47 of the Revised Code
and shall promptly refund to each hospital the amount of money in
the hospital assessment fund at the time the refund is to be made
that the hospital paid under section 5112.43 of the Revised Code,
plus any corresponding investment earnings on that amount.
Sec. 5115.03. (A) The director of job and family services
shall adopt rules in accordance with section 111.15 of the Revised
Code governing the
disability
financial assistance program.
The
rules may establish or specify any or all of the following:
(1) Maximum payment amounts under the disability financial
assistance program, based on state appropriations for the program;
(2) Limits on the length of time an individual may receive
disability financial assistance;
(3) Limits on the total number of individuals in the state
who may receive disability financial assistance;
(4) Income, resource, citizenship, age,
residence, living
arrangement, and
other eligibility requirements for disability
financial assistance;
(5) Procedures for disregarding amounts of earned and
unearned income for the purpose
of determining eligibility for
disability financial assistance and the
amount of assistance to be
provided;
(6) Procedures for including the income and resources, or a
certain
amount of the income and resources, of a member of an
individual's family when determining eligibility for disability
financial assistance and the amount of assistance to be provided.
(B) In establishing or specifying eligibility requirements
for disability financial
assistance, the director
shall exclude
the value of
any tuition payment contract entered into under
section 3334.09 of the Revised
Code or any scholarship awarded
under section 3334.18 of the Revised Code and
the amount of
payments made by the Ohio tuition trust authority under section
3334.09 of the Revised Code pursuant to the contract or
scholarship. The
director shall not require any individual to
terminate a tuition payment
contract entered into under Chapter
3334. of the Revised Code as a condition
of eligibility for
disability financial assistance. The
director shall consider as
income any refund paid under section
3334.10 of the Revised Code.
(C) Notwithstanding section 3109.01 of the Revised Code, when
a
disability financial assistance applicant or recipient who is at
least
eighteen but under twenty-two years of age resides with the
applicant's or recipient's parents, the income of the parents
shall be
taken into account in determining the applicant's or
recipient's financial eligibility. In the rules adopted under this
section, the
director
shall specify procedures for determining the
amount of income to be
attributed to applicants and recipients in
this age
category.
(D) For purposes of limiting the cost of the disability
financial assistance program, the director may do either or both
of the following:
(1) Adopt rules in accordance with section 111.15 of the
Revised Code that revise the program's eligibility requirements,
the maximum payment amounts, or any other requirement or standard
established or specified in the rules adopted by the director;
(2) Suspend acceptance of applications for disability
financial assistance. While a suspension is in effect, no person
shall receive a determination or redetermination of eligibility
for disability financial assistance unless the person was
receiving the assistance during the month immediately preceding
the suspension's effective date or the person submitted an
application prior to the suspension's effective date and receives
a determination of eligibility based on that application. The
director may adopt rules in accordance with section 111.15 of the
Revised Code establishing requirements and specifying procedures
applicable to the suspension of acceptance of applications.
Sec. 5119.16. As used in this section, "free clinic" has the
same meaning as in section 2305.2341 of the Revised Code.
(A) The department of mental health is hereby
designated to
may provide certain goods and services for the
department of
mental health, the department of mental retardation
and
developmental disabilities, the department of rehabilitation
and
correction, the department of youth services, and other
state,
county, or municipal agencies requesting such goods and
services
when the department of mental health determines that it
is in the
public interest, and considers it advisable, to provide
these
goods and services. The department of mental health also
may
provide goods and services to agencies operated by the United
States government and to public or private nonprofit agencies,
other than free clinics, that are
funded in whole or in part by
the state if the public or private
nonprofit agencies are
designated for participation in this
program by the director of
mental health for community mental
health agencies, the director
of mental retardation and
developmental disabilities for community
mental retardation and
developmental disabilities agencies, the
director of
rehabilitation and correction for community
rehabilitation and
correction agencies, or the director of youth
services for
community youth services agencies.
Designated community agencies shall receive goods and
services
through the department of mental health only in those
cases where
the designating state agency certifies that providing
such goods
and services to the agency will conserve public
resources to the
benefit of the public and where the provision of
such goods and
services is considered feasible by the department
of mental
health.
(B) The department of mental health may permit free clinics
to purchase certain goods and services to the extent the purchases
fall within the exemption to the Robinson-Patman Act, 15 U.S.C. 13
et seq., applicable to non-profit nonprofit institutions, in 15
U.S.C. 13c, as amended.
(C) The goods and services to that may be provided by the
department of mental health under divisions (A) and (B) of this
section may include:
(1) Procurement, storage, processing, and distribution of
food and professional consultation on food operations;
(2) Procurement, storage, and distribution of medical and
laboratory supplies, dental supplies, medical records, forms,
optical supplies, and sundries, subject to section 5120.135
of the
Revised Code;
(3) Procurement, storage, repackaging, distribution, and
dispensing of drugs, the provision of professional pharmacy
consultation, and drug information services;
(4) Other goods and services as may be agreed to.
(D) The department of mental health shall may provide the
goods and services designated in division (C) of this section to
its institutions and to state-operated community-based mental
health services.
(E) After consultation with and advice from the director
of
mental retardation and developmental disabilities, the
director of
rehabilitation and correction, and the director of
youth services,
the department of mental health shall may provide the
goods and
services designated in division (C) of this section to
the
department of mental retardation and developmental
disabilities,
the department of rehabilitation and correction,
and the
department of youth services.
(F) The cost of administration of this section shall be
determined by the department of mental health and paid by the
agencies or free clinics receiving the goods and services to the
department for
deposit in the state treasury to the credit of the
mental health
fund, which is hereby created. The fund shall be
used to pay the
cost of administration of this section to the
department.
(G) If the goods or services designated in division (C) of
this section are not provided in a satisfactory manner by the
department of mental health to the agencies described in division
(A) of this section, the director of mental retardation
and
developmental disabilities, the director of rehabilitation
and
correction, the director of youth services, or the managing
officer of a department of mental health institution shall
attempt
to resolve unsatisfactory service with the director of
mental
health. If, after such attempt, the provision of goods or
services
continues to be unsatisfactory, the director or officer
shall
notify the director of mental health. If within thirty
days of
such notice the department of mental health does not
provide the
specified goods and services in a satisfactory
manner, the
director of mental retardation and developmental
disabilities, the
director of rehabilitation and correction, the
director of youth
services, or the managing officer of the
department of mental
health institution shall notify the director
of mental health of
the director's or managing officer's
intent to
cease purchasing
goods and services from the department. Following a
sixty-day
cancellation period from the date of such notice, the department
of
mental
retardation, department of rehabilitation and
correction,
department of youth services, or the department of
mental health
institution may obtain the goods and services from a
source other
than the department of mental health, if the
department certifies
to the department of administrative services
that the
requirements of this division have been met.
(H) Whenever a state agency fails to make a payment for
goods
and services provided under this section within thirty-one
days
after the date the payment was due, the office of budget and
management may transfer moneys from the state agency to the
department of mental health. The amount transferred shall not
exceed the amount of overdue payments. Prior to making a
transfer
under this division, the office of budget and management
shall
apply any credits the state agency has accumulated in
payments for
goods and services provided under this section.
(I)(H) Purchases of goods and services under this section are
not subject to section 307.86 of the Revised Code.
Sec. 5119.61. Any provision in this chapter that refers to
a
board of alcohol, drug addiction, and mental health services
also
refers to the community mental health board in an alcohol,
drug
addiction, and mental health service district that has a
community
mental health board.
The director of mental health with respect to all
facilities
and programs established and operated under Chapter
340. of the
Revised Code for mentally ill and emotionally
disturbed persons,
shall do all of the following:
(A) Adopt rules pursuant to Chapter 119. of the
Revised Code
that may be necessary to carry out the purposes of
Chapter 340.
and sections 5119.61 to 5119.63 of the Revised
Code.
(1) The rules shall include all of the following:
(a) Rules governing a community mental health agency's
services
under section 340.091 of the Revised Code to an
individual referred to the agency under division (C)(2) of section
173.35 of the Revised Code;
(b) For the purpose of division (A)(16) of section
340.03
of
the Revised Code, rules
governing the duties of mental
health
agencies and boards of alcohol, drug addiction, and mental
health
services under section 3722.18
of the
Revised Code
regarding
referrals of individuals with mental
illness or severe
mental
disability to adult care facilities and effective
arrangements for
ongoing mental health services for the
individuals. The
rules
shall do at least the following:
(i) Provide for agencies and boards to participate fully in
the
procedures owners and managers of adult care facilities must
follow under
division (A)(2) of section 3722.18 of the Revised
Code;
(ii) Specify the manner in which boards are accountable for
ensuring that ongoing mental health services are effectively
arranged for
individuals with mental illness or severe mental
disability who are referred
by the board or mental health agency
under contract with the board to an adult
care facility.
(c) Rules governing a board of alcohol, drug addiction, and
mental health services when making a report to the director of
health under
section 3722.17 of the
Revised Code regarding the
quality of care and services
provided by an adult care facility to
a person with mental illness or a
severe mental disability.
(2) Rules may be adopted to govern the method of paying a
community
mental health facility, as defined in
section 5111.023
of the Revised Code, for providing services
listed in division (B)
of that
section. Such rules must be
consistent with the contract
entered into
between the departments
of
job and family services
and mental health under section 5111.91 of the Revised Code
and
include requirements ensuring appropriate
service utilization.
(B) Review and evaluate, and, taking into account the
findings
and recommendations of the board of alcohol, drug
addiction, and
mental health services of the district served by
the program and
the requirements and priorities of the state
mental health plan,
including the needs of residents of the
district now residing in
state mental institutions, approve and
allocate funds to support
community programs, and make
recommendations for needed
improvements to boards of alcohol,
drug
addiction, and mental
health services;
(C) Withhold state and federal funds for any program, in
whole or in part, from a board of alcohol, drug addiction, and
mental health services in the event of failure of that program to
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,
or 5119.62 of the
Revised Code or rules of the department of
mental health. The
director shall identify the areas of
noncompliance and the action
necessary to achieve compliance. The
director shall offer
technical assistance to the board to achieve
compliance. The
director shall give the board a reasonable time
within which to
comply or to present its position that it is in
compliance.
Before withholding funds, a hearing shall be conducted
to
determine if there are continuing violations and that either
assistance is rejected or the board is unable to achieve
compliance. Subsequent to the hearing process, if it is
determined
that compliance has not been achieved, the director
may
allocate
all or part of the withheld funds to a public or
private
agency to
provide the services not in compliance until
the time
that there
is compliance. The director shall establish
rules
pursuant to
Chapter 119. of the Revised Code to implement
this
division.
(D) Withhold state or federal funds from a board of
alcohol,
drug addiction, and mental health services that denies
available
service on the basis of religion, race, color, creed,
sex,
national origin, age, disability as defined in section
4112.01 of
the
Revised Code, developmental disability, or the
inability to
pay;
(E) Provide consultative services to community mental
health
agencies with the knowledge and cooperation of the
board
of
alcohol, drug addiction, and mental health services;
(F) Provide to boards of alcohol, drug addiction, and
mental
health services state or federal funds, in addition to
those
allocated under section 5119.62 of the Revised Code, for
special
programs or projects the director considers necessary
but
for
which local funds are not available;
(G) Establish criteria by which a board of alcohol, drug
addiction, and mental health services reviews and evaluates the
quality, effectiveness, and efficiency of services provided
through its community mental health plan.
The criteria shall
include requirements ensuring appropriate service utilization. The
department shall
assess a board's evaluation of services and the
compliance of
each board with this section, Chapter 340. or
section 5119.62 of
the Revised Code, and other state or federal
law and regulations.
The department, in cooperation with the
board, periodically shall
review and evaluate the quality,
effectiveness, and efficiency of
services provided through each
board. The department shall
collect information that is necessary
to perform these
functions.
(H) Develop and operate a community mental health
information
system or systems.
Boards of alcohol, drug abuse, and mental health services
shall submit information requested by the department in the form
and manner prescribed by the department. Information collected
by
the department shall include, but not be limited to, all of the
following:
(1) Information regarding units of services provided in
whole
or in part under contract with a board, including diagnosis
and
special needs, demographic information, the number of units
of
service provided, past treatment, financial status, and
service
dates in accordance with rules adopted by the department
in
accordance with Chapter 119. of the Revised Code;
(2) Financial information other than price or
price-related
data regarding expenditures of boards and community
mental health
agencies, including units of service provided,
budgeted and actual
expenses by type, and sources of funds.
Boards shall submit the information specified in division
(H)(1) of this section no less frequently than annually for
each
client, and each time the client's case is opened or closed.
The
department shall not collect any personal information for the
purpose
of
identifying by name any person who receives a service
through a
board of alcohol, drug addiction, and mental health
services, from the boards
except as required or permitted by state
or federal law to validate
appropriate
reimbursement. For the
purposes of division
(H)(1)
of this
section, the department shall
use an identification
system that is
consistent with applicable
nationally recognized
standards for purposes related to payment,
health care operations, program and service evaluation, reporting
activities, research, system administration, and oversight.
(I) Review each board's
community mental health plan
submitted pursuant to section
340.03 of the Revised Code and
approve or disapprove it in whole
or in part. Periodically, in
consultation with representatives
of boards and after considering
the recommendations of the
medical director, the director shall
issue criteria for
determining when a plan is complete, criteria
for plan approval
or disapproval, and provisions for conditional
approval. The
factors that the director considers may include,
but
are not
limited to, the following:
(1) The mental health needs of all persons residing within
the board's service district, especially severely mentally
disabled children, adolescents, and adults;
(2) The demonstrated quality, effectiveness, efficiency,
and
cultural relevance of the services provided in each service
district, the extent to which any services are duplicative of
other available services, and whether the services meet the needs
identified above;
(3) The adequacy of the board's accounting for the
expenditure of funds.
If the director disapproves all or part of any plan, the
director shall provide the board an opportunity to present its
position.
The director shall inform the board of the reasons for
the
disapproval and of the criteria that must be met before the
plan
may be approved. The director shall give the board a
reasonable
time within which to meet the criteria, and shall offer
technical
assistance to the board to help it meet the criteria.
If the approval of a plan remains in dispute thirty days
prior to the conclusion of the fiscal year in which the board's
current plan is scheduled to expire, the board or the director
may
request that the dispute be submitted to a mutually agreed
upon
third-party mediator with the cost to be shared by the board
and
the department. The mediator shall issue to the board and
the
department recommendations for resolution of the dispute.
Prior to
the conclusion of the fiscal year in which the current
plan is
scheduled to expire, the director, taking into
consideration the
recommendations of the mediator, shall make a
final determination
and approve or disapprove the plan, in whole
or in part.
Sec. 5119.621. (A)(1) When the director of mental health
allocates funds under section 5119.62 of the Revised Code to a
board of alcohol, drug addiction, and mental health services for
local management of mental health services, the director shall
specify the maximum portion of the funds that may be used for
administrative purposes and the permissible uses of the funds for
administrative purposes.
(2) In specifying the maximum portion of the funds that may
be used for administrative purposes, the director shall take into
account all of the following:
(a) The board's community mental health plan approved under
division (I) of section 5119.61 of the Revised Code;
(b) The board's total budget for mental health services;
(c) Any other factor the director considers appropriate.
(3) In specifying the permissible uses of funds for
administrative purposes, the director shall establish general
categories that describe the function for which the funds may be
used. The categories may include any of the following:
(a) Continuous quality improvement;
(c) Resource development;
(d) Fiscal administration;
(e) General administration;
(f) Other functions required under Chapter 340. of the
Revised Code;
(g) Any other category the director considers appropriate.
(4) A board shall account for its use of funds for
administrative purposes by submitting an annual report to the
director. The report shall include details about the board's use
of funds according to the general categories of permissible uses
established by the director.
(B) By submitting a written application to the director, a
board may seek a variance or waiver regarding
the portion
specified under division (A) of this section as the
maximum that
may be used for administrative purposes. The director has sole
discretion in granting or denying the
variance or waiver. The
director's determination is final.
Sec. 5119.622. (A)(1) Notwithstanding the provisions of
section
5119.62 of the Revised Code referring to the allocation
of funds
for local management of mental health services to
separate boards
of alcohol, drug addiction, and mental health
services, the
director of mental health may allocate the funds to
groups of two
or more boards. The allocations to groups of boards
may be made on
a regional or statewide basis, as specified by the
director.
(2) If the director chooses to allocate funds to groups of
boards, the director shall require the boards included in each
group to submit to the director a joint plan for the provision of
mental health services and use of the funds. The boards included
in the group shall submit the plan to the director in a timely
manner.
(3) To accommodate the allocation of funds to groups of
boards, the director shall make all necessary adjustments to the
formula and methodology specified in divisions (B)(1) and (D) of
section 5119.62 of the Revised Code.
(B)(1) Notwithstanding the provisions of section 5119.621 of
the Revised Code referring to the director's authority to specify
for separate boards a maximum portion of the funds allocated under
section 5119.62 of the Revised Code that may be used for
administrative purposes, the director may specify a maximum
portion of the funds allocated to a group of boards under this
section that may be used by the group for administrative purposes.
(2) To accommodate the specification of a maximum portion of
the funds that may be used by a group of boards for administrative
purposes, the director shall make all necessary adjustments in the
procedures specified under section 5119.621 of the Revised Code.
These adjustments shall include all of the following:
(a) Taking into account the total amount to be allocated to
the group under division (A)(1) of this section;
(b) Taking into account the joint plan submitted by the group
under division (A)(2) of this section;
(c) Requiring the group to submit an annual plan accounting
for its use of funds for administrative purposes;
(d) Permitting the group to submit a written application for
a variance or waiver regarding the portion specified under
division (B)(1) of this section as the maximum that may be used
for administrative purposes;
(e) Any other adjustments the director considers necessary.
(C) In addition to the adjustments made by the director under
divisions (A)(3) and (B)(2) of this section, all references in the
Revised Code to the allocation of funds to separate boards or to
the use of funds by separate boards for administrative purposes
constitute references to groups of boards as the director
considers necessary to accommodate the allocation of funds to
groups of boards under this section.
Sec. 5120.032. (A) No later than January 1, 1998, the
department of
rehabilitation and correction shall
may develop and
implement intensive program prisons for male and female prisoners
other than prisoners described in division (B)(2) of this section.
The
intensive program prisons, if developed and implemented, shall
include institutions at which
imprisonment of the type described
in division
(B)(2)(a) of
section 5120.031 of the Revised Code is
provided and prisons that
focus on
educational achievement,
vocational training, alcohol and
other drug abuse
treatment,
community service and conservation
work, and other intensive
regimens or combinations of intensive
regimens.
(B)(1)(a) Except as provided in division
(B)(2) of this
section,
if one or more intensive program prisons are established
under this section, if an offender is sentenced to a term of
imprisonment
under the custody of the department, if the
sentencing court
either recommends the
prisoner for placement in
the
an intensive
program
prison
under this section or makes no
recommendation on
placement of the prisoner,
and if the department
determines that
the prisoner is eligible for placement in an
intensive program
prison under this section, the
department may
place the prisoner
in an
intensive
program prison established
pursuant to division
(A) of this section.
If the sentencing court
disapproves placement
of the prisoner in an intensive program
prison, the department
shall not place the prisoner in any
intensive program prison.
If the sentencing court recommends a prisoner for placement
in an intensive
program prison and
if the department subsequently
places the prisoner in the
recommended prison, the department
shall notify the court of the prisoner's
placement in the
recommended intensive program prison and shall include with
the
notice a brief description of the placement.
If the sentencing court
recommends placement of a
prisoner
in
an intensive
program prison and the department
for any
reason
does
not subsequently place the
prisoner in
the
recommended
prison, the
department shall send a notice to the
court
indicating
why the
prisoner was not placed in the
recommended prison.
If the sentencing court does not make a recommendation on the
placement of
a prisoner in an intensive program prison
and if the
department determines that the prisoner is eligible for
placement
in a prison of that nature, the department shall
screen
the
prisoner and determine if the prisoner is suited for the
prison.
If
the prisoner is suited for the an intensive program
prison, at
least
three weeks prior to placing the prisoner in the
prison, the
department shall notify the sentencing court of the
proposed
placement of the prisoner in the intensive program prison
and
shall
include with the notice a brief description of the
placement. The court shall
have ten days from receipt of the
notice to disapprove the placement. If
the sentencing court
disapproves the placement, the
department shall not proceed with
it. If the sentencing
court does not timely disapprove
of the
placement, the department may proceed with plans for it.
If the
department determines that a prisoner
is not eligible
for
placement in an intensive program prison, the
department
shall
not place the prisoner in
any intensive program
prison.
(b) The department may reduce the stated prison term
of a
prisoner upon the prisoner's successful completion of a
ninety-day
period in an intensive program prison. A prisoner whose term has
been so reduced
shall be required to serve an intermediate,
transitional type of detention
followed by a release under
post-release control sanctions or, in the
alternative, shall be
placed under post-release control sanctions, as
described in
division (B)(2)(b)(ii) of section 5120.031
of the Revised Code.
In
either case, the placement under post-release control
sanctions
shall be under terms
set by the
parole board in accordance with
section 2967.28 of the Revised Code and shall
be
subject to
the
provisions of that section
and section 2929.141 of the Revised
Code with respect to a violation of any
post-release control
sanction.
(2) A prisoner who is in any of the following categories is
not eligible
to participate in an intensive program prison
established pursuant to
division (A) of this section:
(a) The prisoner is serving a prison term for aggravated
murder,
murder, or a felony of the first or second degree or a
comparable
offense under the law in effect prior to
July 1, 1996,
or the prisoner previously has
been imprisoned for aggravated
murder, murder, or a felony of the first or
second degree or a
comparable offense under the law in effect prior to
July 1, 1996.
(b) The prisoner is serving a mandatory prison term, as
defined
in section 2929.01 of the Revised Code.
(c) The prisoner is serving a prison term for a felony of
the
third, fourth, or fifth degree that either is a sex offense,
an
offense
betraying public trust, or an offense in which the
prisoner caused or
attempted to cause actual physical harm to a
person, the prisoner is serving a
prison term for a comparable
offense under the law in effect prior to
July 1,
1996, or the
prisoner previously has been imprisoned for an offense
of that
type or a comparable
offense under the law in
effect prior
to
July
1, 1996.
(d) The prisoner is serving a mandatory prison term in
prison
for a third or
fourth degree felony
OVI offense, as
defined in
section 2929.01 of the Revised Code, that was imposed
pursuant to
division
(G)(2) of section 2929.13 of the Revised
Code.
(C) Upon the implementation of intensive program prisons
pursuant to division
(A) of this section, the department at all
times shall maintain intensive
program prisons sufficient in
number to reduce the prison terms of at least
three hundred fifty
prisoners who are eligible for reduction of their stated
prison
terms as a result of their completion of a regimen in an intensive
program prison under this section.
Sec. 5120.033. (A) As used in this section, "third degree
felony
OVI offense" and "fourth
degree
felony
OVI
offense" have
the same meanings as in
section 2929.01 of the
Revised Code.
(B) Within eighteen months after
October 17, 1996, the
department of
rehabilitation and correction shall
may develop and
implement intensive program prisons for male and female prisoners
who are sentenced pursuant to division (G)(2) of section 2929.13
of the
Revised Code to a mandatory prison term for a third or
fourth
degree felony
OVI offense. The If one or more intensive
program prisons are established under this section, the department
shall
may contract
pursuant to section
9.06 of the Revised Code
for the
private
operation and management of the initial intensive
program
prison
established under this section and may contract
pursuant to
that
section for the private operation and management
of any other
intensive
program prison established under this
section. The
intensive
program prisons, if established under this
section, shall
include
prisons that focus on educational
achievement, vocational
training, alcohol
and other drug abuse
treatment,
community
service and conservation work, and other
intensive
regimens or
combinations of intensive regimens.
(C) Except as provided in division (D) of this
section, the
department may place a prisoner who is sentenced to a mandatory
prison term for a third or fourth degree felony
OVI offense
in an
intensive program prison
established pursuant to division
(B) of
this section if
the sentencing judge, upon notification by
the
department of its
intent to place the
prisoner in an intensive
program prison, does not notify the
department that the judge
disapproves the placement. If the stated prison term imposed on a
prisoner
who is so placed is longer than the mandatory prison term
that is required to
be imposed on the prisoner, the department may
reduce the stated
prison term upon the prisoner's successful
completion of
the prisoner's mandatory prison term in an intensive
program prison. A
prisoner whose term has been so reduced
shall
be
required to serve an intermediate, transitional type of
detention
followed by a release under post-release control
sanctions or, in
the
alternative, shall be placed under
post-release control
sanctions, as
described in division
(B)(2)(b)(ii) of section
5120.031
of the Revised Code. In either
case, the placement under
post-release control
sanctions shall be
under terms set by the
parole board in accordance with
section
2967.28 of the Revised
Code and shall
be subject to the provisions
of that section
and
section 2929.141 of the Revised Code with
respect to a violation
of
any post-release control sanction. Upon
the establishment of
the initial
If one or more intensive program prison prisons are
established pursuant
to division (B) of this section
that is and
if as described in that division the initial intensive program
prison is to be privately operated and
managed by a contractor
pursuant to a contract
the department entered into under
section
9.06 of
the Revised Code, upon the establishment of that initial
intensive program prison the department shall comply with
divisions (G)(2)(a) and (b) of
section 2929.13 of the Revised Code
in placing prisoners in intensive program
prisons under
this
section.
(D) A prisoner who is sentenced to a mandatory prison term
for a
third or fourth degree felony
OVI offense
is not
eligible
to
participate in an intensive program prison established
under
division (B) of this section if any of the following applies
regarding the prisoner:
(1) In addition to the mandatory prison term for the third
or
fourth
degree felony
OVI offense, the prisoner also is
serving
a
prison term of a type
described in division (B)(2)(a),
(b), or
(c)
of section 5120.032 of the Revised Code.
(2) The prisoner previously has been imprisoned for
an
offense of a type described in division (B)(2)(a) or
(c) of
section 5120.032 of the Revised Code or a comparable
offense under
the law in effect prior to July 1, 1996.
(E) Intensive program prisons established under division
(B)
of this section are not subject to section 5120.032 of the Revised
Code.
Sec. 5120.09. Under the supervision and control of the
director of rehabilitation and correction, the division of
business administration shall do all of the following:
(A) Submit the budgets for the several divisions of the
department of
rehabilitation and correction, as prepared by the
respective chiefs
of those divisions, to the director. The
director, with
the assistance of the chief of the division of
business
administration, shall compile a departmental budget that
contains all proposals submitted by the chiefs of the divisions
and shall
forward the departmental budget to the governor with
comments and
recommendations that the director considers
necessary.
(B) Maintain accounts and records and compile
statistics that
the director prescribes;
(C) Under the control of the director, coordinate and make
the necessary purchases and requisitions for the department and
its divisions, except as provided under when goods and services
are provided to the department as described in section
5119.16 of
the Revised Code;
(D) Administer within this state federal criminal justice
acts
that the governor requires the department to administer. In
order to improve the criminal justice system of this state, the
division of business administration shall apply for, allocate,
disburse, and account for grants that are made available
pursuant
to those federal criminal justice acts and grants that
are made
available from other federal government sources, state
government
sources, or private sources. As used in this
division, "criminal
justice system" and "federal criminal
justice acts" have the same
meanings as in section 5502.61 of the
Revised Code.
(E) Audit the activities of governmental entities, persons as
defined in
section 1.59 of the Revised Code, and other types of
nongovernmental entities
that are financed in whole or in part by
funds that the department allocates
or disburses and that are
derived from grants described in division (D) of
this section;
(F) Enter into contracts, including contracts with federal,
state, or local
governmental entities, persons as defined in
section 1.59 of the Revised Code,
foundations, and other types of
nongovernmental entities, that are necessary
for the department to
carry out its duties and that neither the director nor
another
section of the Revised Code authorizes another
division of the
department to enter;
(G) Exercise other powers and perform other duties that the
director may
assign to the division of business administration.
Sec. 5123.0412. (A) The
department of mental retardation
and
developmental disabilities shall charge each county board of
mental retardation
and developmental disabilities an annual fee
equal to one and one-half per cent of the
total value of all
medicaid paid
claims for
home and
community-based services
provided during the year to an
individual eligible for services
from the county board. No county
board shall pass the cost of a
fee
charged to the county board
under this section on to another
provider of these services.
(B) The fees collected under this section
shall be
deposited
into the ODMR/DD administration and oversight fund and
the
ODJFS
administration and oversight fund, both of which are
hereby
created
in the state treasury. The portion of the fees to
be
deposited into the ODMR/DD administration and oversight fund
and
the portion of the fees to be deposited into the ODJFS
administration and oversight fund shall be the portion specified
in an interagency agreement entered into under division (C) of
this section. The department of mental retardation and
developmental disabilities shall use the money in the ODMR/DD
administration and oversight fund and the department of job and
family services shall use the money in the ODJFS administration
and oversight fund for both of the following purposes:
(1) The Medicaid administrative costs, including
administrative and oversight costs of medicaid case
management
services and home and
community-based services. The
administrative and
oversight costs of medicaid case management
services and home and community-based services shall include costs
for staff,
systems, and other
resources the departments need and
dedicate
solely to the
following duties associated with the
services:
(a) Eligibility determinations;
(e) Quality assurance oversight;
(f) Other duties the departments identify.
(2) Providing technical support to county boards' local
administrative authority under section 5126.055 of the Revised
Code for the services.
(C) The departments of mental retardation and developmental
disabilities and job and family services shall enter into an
interagency agreement to do both of the following:
(1) Specify which portion of the fees collected under this
section is to be deposited into the ODMR/DD administration and
oversight fund and which portion is to be deposited
into the
ODJFS
administration and oversight fund;
(2) Provide
for the departments to coordinate
the staff
whose
costs are paid for with money in the ODMR/DD
administration
and
oversight fund and the ODJFS administration and
oversight
fund.
(D) The departments shall submit an annual report to the
director of budget and management certifying how the departments
spent the money in the ODMR/DD administration and oversight fund
and the ODJFS administration and oversight fund for the purposes
specified in division (B) of this section.
Sec. 5123.42. (A) Beginning nine months after the
effective
date of this section March 31, 2003, MR/DD personnel who are not
specifically
authorized by other provisions of the Revised Code to
administer
prescribed medications, perform health-related
activities, or
perform tube feedings may
do so pursuant to this
section as part
of the specialized services the MR/DD personnel
provide
to
individuals
with mental retardation and developmental
disabilities
in the
following categories:
(1)
Recipients of early intervention, preschool, and
school-age services offered or provided pursuant to this chapter
or Chapter 5126. of the Revised Code;
(2) Recipients of adult services offered or provided
pursuant
to this chapter or Chapter 5126. of the Revised Code;
(3)
Recipients of family support services offered or
provided pursuant to this chapter or Chapter 5126. of the Revised
Code;
(4) Recipients of services from certified supported living
providers, if the services are offered or provided pursuant to
this chapter or Chapter 5126. of the Revised Code;
(5) Recipients of residential support services from certified
home and
community-based services providers, if the services are
received in a community living arrangement that includes not
more
than four five individuals with mental retardation and
developmental
disabilities and the services are offered or
provided pursuant to
this chapter or Chapter 5126. of the Revised
Code;
(6) Recipients of services not included in
divisions (A)(1)
to (5) of this section that are offered or
provided pursuant to
this chapter or Chapter 5126. of the Revised Code;
(7) Residents of a residential facility with
five or
fewer
resident beds;
(8) Residents of a residential facility with at least six
but
not more than sixteen resident beds;
(9) Residents of a residential facility with seventeen or
more resident beds
who are on a field trip from the
facility, if
all of the following are the case:
(a) The field trip is sponsored by the facility for
purposes
of complying with federal medicaid statutes and
regulations, state
medicaid statutes and rules, or other federal
or state statutes,
regulations, or rules that require the facility
to provide
habilitation, community integration, or normalization
services to
its residents.
(b) Not more than five field trip participants are
residents
who have health needs requiring the administration of
prescribed
medications, excluding participants who self-administer
prescribed
medications or receive assistance with
self-administration of
prescribed medications.
(c) The facility staffs the field trip with MR/DD personnel
in such a manner that one person will administer prescribed
medications, perform health-related activities, or perform tube
feedings for not more than two participants if one or both of
those participants have health needs requiring the person to
administer prescribed medications through a gastrostomy or
jejunostomy tube.
(d) According to the instructions of a health care
professional acting within the scope of the professional's
practice, the health needs of the participants who require
administration of prescribed medications by MR/DD personnel are
such that the participants must receive the medications during the
field trip to avoid jeopardizing their health and safety.
(B)(1) In the case of recipients of early intervention,
preschool, and school-age services, as specified in division
(A)(1) of this section, all
of the following apply:
(a) With nursing delegation, MR/DD personnel may perform
health-related activities.
(b) With nursing delegation, MR/DD personnel may administer
oral and topical
prescribed medications.
(c) With nursing delegation, MR/DD personnel may administer
prescribed medications through gastrostomy and jejunostomy tubes,
if the tubes being used are stable and labeled.
(d) With nursing delegation, MR/DD personnel may perform
routine tube feedings, if the gastrostomy and jejunostomy tubes
being used are stable and labeled.
(2) In the case of recipients of adult services, as
specified
in division (A)(2) of this section, all of
the following
apply:
(a) With nursing delegation, MR/DD personnel may perform
health-related activities.
(b) With nursing delegation, MR/DD personnel may administer
oral and topical
prescribed medications.
(c) With nursing delegation, MR/DD personnel may administer
prescribed medications through gastrostomy and jejunostomy tubes,
if the tubes being used are stable and labeled.
(d) With nursing delegation, MR/DD personnel may perform
routine tube feedings, if the gastrostomy and jejunostomy tubes
being used are stable and labeled.
(3) In the case of recipients of family support services,
as
specified in division (A)(3) of this section,
all of the
following
apply:
(a) Without nursing delegation, MR/DD personnel may perform
health-related activities.
(b) Without nursing delegation, MR/DD personnel may
administer oral and topical
prescribed medications.
(c) With nursing delegation, MR/DD personnel may administer
prescribed medications through
gastrostomy and jejunostomy tubes,
if the tubes being used are stable and labeled.
(d) With nursing delegation, MR/DD personnel may perform
routine tube feedings, if the gastrostomy and jejunostomy tubes
being used are stable and labeled.
(e) With nursing delegation, MR/DD personnel may administer
routine doses of insulin through subcutaneous injections and
insulin pumps.
(4) In the case of recipients of services from certified
supported living providers, as specified in division (A)(4) of
this section, all of the following apply:
(a) Without nursing delegation, MR/DD personnel may perform
health-related activities.
(b) Without nursing delegation, MR/DD personnel may
administer oral and topical
prescribed medications.
(c) With nursing delegation, MR/DD personnel may administer
prescribed medications through
gastrostomy and jejunostomy tubes,
if the tubes being used are stable and labeled.
(d) With nursing delegation, MR/DD personnel may perform
routine tube feedings, if the gastrostomy and jejunostomy tubes
being used are stable and labeled.
(e) With nursing delegation, MR/DD personnel may administer
routine doses of insulin through subcutaneous injections and
insulin pumps.
(5) In the case of recipients of residential support
services
from certified
home and community-based services
providers, as
specified in
division (A)(5) of this section, all of
the following
apply:
(a) Without nursing delegation, MR/DD personnel may perform
health-related activities.
(b) Without nursing delegation, MR/DD personnel may
administer
oral and topical prescribed medications.
(c) With nursing delegation, MR/DD personnel may administer
prescribed medications through gastrostomy and jejunostomy tubes,
if the tubes being used are stable and labeled.
(d) With nursing delegation, MR/DD personnel may perform
routine tube feedings, if the gastrostomy and jejunostomy tubes
being used are stable and labeled.
(e) With nursing delegation, MR/DD personnel may administer
routine doses of insulin through subcutaneous injections and
insulin pumps.
(6) In the case of recipients of services not included in
divisions (A)(1) to (5) of this section, as specified in division
(A)(6) of this section, all of
the following apply:
(a) With nursing delegation, MR/DD personnel may perform
health-related activities.
(b) With nursing delegation, MR/DD personnel may administer
oral and topical
prescribed medications.
(c) With nursing delegation, MR/DD personnel may administer
prescribed medications through
gastrostomy and jejunostomy tubes,
if the tubes being used are stable and labeled.
(d) With nursing delegation, MR/DD personnel may perform
routine tube feedings, if the gastrostomy and jejunostomy tubes
being used are stable and labeled.
(7) In the case of
residents of
a residential facility with
five
or fewer beds, as specified in division (A)(7) of this
section, all of the
following apply:
(a)
Without nursing delegation, MR/DD personnel may perform
health-related activities.
(b) Without nursing delegation, MR/DD personnel may
administer
oral and topical
prescribed medications.
(c) With
nursing delegation, MR/DD personnel may administer
prescribed
medications through gastrostomy and jejunostomy tubes,
if the tubes being used are stable and labeled.
(d) With nursing delegation, MR/DD personnel may perform
routine tube feedings, if the gastrostomy and jejunostomy tubes
being used are stable and labeled.
(e) With nursing delegation, MR/DD
personnel may administer
routine doses of insulin through
subcutaneous injections and
insulin pumps.
(8) In the case of residents of a
residential facility with
at least six but
not
more than sixteen resident
beds, as specified
in division (A)(8) of this section, all of the
following apply:
(a) With nursing
delegation, MR/DD personnel may perform
health-related activities.
(b) With nursing delegation, MR/DD personnel may administer
oral and topical
prescribed medications.
(c) With nursing delegation, MR/DD personnel may administer
prescribed
medications through
gastrostomy and jejunostomy tubes,
if the tubes being used are stable and labeled.
(d) With nursing delegation, MR/DD personnel may perform
routine tube feedings, if the gastrostomy and jejunostomy tubes
being used are stable and labeled.
(9) In the case of residents of a residential facility with
seventeen or more resident beds who are on a field
trip from the
facility, all of the
following apply during the field trip,
subject to the limitations specified in division (A)(9) of this
section:
(a) With nursing delegation, MR/DD personnel may perform
health-related activities.
(b) With nursing delegation, MR/DD personnel may administer
oral and topical
prescribed medications.
(c) With nursing delegation, MR/DD personnel may administer
prescribed medications through gastrostomy and jejunostomy tubes,
if the tubes being used are stable and labeled.
(d) With nursing delegation, MR/DD personnel may perform
routine tube feedings, if the
gastrostomy and jejunostomy tubes
being used are stable and labeled.
(C) The authority of MR/DD personnel to administer
prescribed
medications, perform health-related activities, and
perform tube
feedings pursuant to this section is subject to
all
of the
following:
(1) To administer prescribed medications, perform
health-related activities, or perform tube feedings for
individuals in the categories specified under divisions (A)(1) to
(8) of this section, MR/DD personnel shall obtain the certificate
or certificates required by the department of mental retardation
and developmental disabilities and issued under section 5123.45 of
the Revised Code. MR/DD personnel shall administer prescribed
medication, perform health-related activities, and perform tube
feedings only as authorized by the certificate or certificates
held.
(2) To administer prescribed medications, perform
health-related activities, or perform tube feedings for
individuals in the category specified under division (A)(9) of
this section, MR/DD personnel shall successfully complete the
training course or courses developed under section 5123.43 of
the
Revised Code for the MR/DD personnel. MR/DD personnel shall
administer prescribed medication, perform health-related
activities, and perform tube feedings only as authorized by the
training completed.
(3) If nursing delegation is required under division (B) of
this section, MR/DD personnel shall not act without nursing
delegation or in a manner that is inconsistent with the
delegation.
(4) The employer of MR/DD personnel shall ensure that MR/DD
personnel have been trained specifically with respect to each
individual for whom they administer prescribed medications,
perform health-related activities, or perform tube feedings.
MR/DD
personnel shall not administer prescribed medications,
perform
health-related activities, or perform tube feedings for
any
individual for whom they have not been specifically trained.
(5) If the employer of MR/DD personnel believes that MR/DD
personnel have not or will not safely administer prescribed
medications, perform health-related activities, or perform tube
feedings, the employer shall prohibit the action from continuing
or commencing. MR/DD personnel shall not engage in the action or
actions subject to an employer's prohibition.
(D)
In accordance with section 5123.46 of the Revised
Code,
the department of mental retardation and developmental
disabilities shall adopt rules governing its
implementation of
this section. The rules shall include the following:
(1) Requirements for documentation of the administration of
prescribed medications, performance of health-related activities,
and performance of tube feedings
by MR/DD personnel
pursuant to
the authority granted under this
section;
(2) Procedures for reporting errors that occur in the
administration of prescribed medications, performance of
health-related activities, and performance of tube feedings
by
MR/DD personnel pursuant to the
authority granted under this
section;
(3) Other standards and procedures the department considers
necessary for implementation of this section.
Sec. 5126.01. As used in this chapter:
(A)
As used in this
division, "adult" means an individual
who
is
eighteen years of
age or over and
not enrolled in a
program
or
service under
Chapter 3323. of the Revised Code and
an
individual
sixteen
or seventeen years of age who
is eligible
for
adult
services under
rules adopted by the director of mental
retardation
and
developmental disabilities pursuant to Chapter
119. of the
Revised Code.
(1) "Adult
services" means services provided to an adult
outside the home,
except when they are provided within the home
according to an
individual's assessed needs and identified in an
individual
service plan, that support learning and assistance in
the area of
self-care, sensory and motor development,
socialization, daily
living skills, communication, community
living, social skills, or
vocational skills.
(2) "Adult services" includes all of the following:
(a)
Adult day habilitation services;
(c) Prevocational services;
(d) Sheltered employment;
(e) Educational experiences and training obtained through
entities and activities that are not expressly intended for
individuals with mental retardation and developmental
disabilities, including trade schools, vocational or technical
schools, adult education, job exploration and sampling, unpaid
work experience in the community, volunteer activities, and
spectator sports;
(f) Community employment services and supported
employment
services.
(B)(1) "Adult day habilitation services" means adult
services
that do the following:
(a) Provide access to and participation in typical
activities
and functions of community life that are desired and
chosen by the
general population, including such activities and
functions as
opportunities to experience and participate in
community
exploration, companionship with friends and peers,
leisure
activities, hobbies, maintaining family contacts,
community
events, and activities where individuals without
disabilities are
involved;
(b) Provide supports or a combination of training and
supports that afford an individual a wide variety of opportunities
to facilitate and build relationships and social supports in the
community.
(2) "Adult day habilitation services" includes all of the
following:
(a) Personal care services needed to ensure an individual's
ability to experience and participate in vocational services,
educational services, community activities, and any other adult
day habilitation services;
(b) Skilled services provided while receiving adult day
habilitation services, including such skilled services as behavior
management intervention, occupational therapy, speech and language
therapy, physical therapy, and nursing services;
(c) Training and education in self-determination designed
to
help the individual do one or more of the following: develop
self-advocacy skills, exercise the individual's civil rights,
acquire skills that enable the individual to exercise control and
responsibility over the services received, and acquire skills that
enable the individual to become more independent, integrated, or
productive in the community;
(d) Recreational and leisure activities identified in the
individual's service plan as therapeutic in nature or assistive in
developing or maintaining social supports;
(e) Counseling and assistance
provided to obtain housing,
including such counseling as
identifying options for either rental
or purchase, identifying
financial resources, assessing needs for
environmental
modifications, locating housing, and planning for
ongoing
management and maintenance of the housing selected;
(f) Transportation necessary to access adult day
habilitation
services;
(g) Habilitation management, as described in section 5126.14
of
the Revised Code.
(3) "Adult day habilitation services" does not include
activities that are components of the provision of
residential
services, family support services, or supported living
services.
(C) "Appointing authority" means the following:
(1) In the case of a member of a county board of mental
retardation and developmental disabilities appointed by, or to be
appointed by, a board of county commissioners, the board of county
commissioners;
(2) In the case of a member of a county board appointed by,
or to be appointed by, a senior probate judge, the senior probate
judge.
(D) "Community employment services" or "supported
employment
services" means job training and other services related
to
employment outside a sheltered workshop. "Community employment
services" or "supported employment services" include all of the
following:
(1) Job training resulting in the attainment of competitive
work, supported work in a typical work environment, or
self-employment;
(2) Supervised work experience through an employer paid to
provide the supervised work experience;
(3) Ongoing work in a competitive work environment at a
wage
commensurate with workers without disabilities;
(4) Ongoing supervision by an employer paid to provide the
supervision.
(E) As used in this division, "substantial functional
limitation," "developmental delay," and "established risk" have
the meanings established pursuant to section 5123.011 of the
Revised Code.
"Developmental disability" means a severe, chronic
disability
that is characterized by all of the following:
(1) It is attributable to a mental or physical impairment
or
a combination of mental and physical impairments, other than a
mental or physical impairment solely caused by mental illness as
defined in division (A) of section 5122.01 of the Revised Code;
(2) It is manifested before age twenty-two;
(3) It is likely to continue indefinitely;
(4) It results in one of the following:
(a) In the case of a person under age three, at least one
developmental delay or an established risk;
(b) In the case of a person at least age three but under
age
six, at least two developmental delays or an established
risk;
(c) In the case of a person age six or older, a
substantial
functional limitation in at least three of the
following areas of
major life activity, as appropriate for the
person's age:
self-care, receptive and expressive language, learning,
mobility,
self-direction, capacity for independent living, and, if the
person
is at least age sixteen, capacity for economic
self-sufficiency.
(5) It causes the person to need a combination and
sequence
of special, interdisciplinary, or other type of care,
treatment,
or provision of services for an extended period of
time that is
individually planned and coordinated for the person.
(F) "Early childhood services" means a planned program of
habilitation designed to meet the needs of individuals with
mental
retardation or other developmental disabilities who have
not
attained compulsory school age.
(G)(1) "Environmental modifications" means the physical
adaptations to an individual's home, specified in the individual's
service plan, that are necessary to ensure the individual's
health, safety, and welfare or that enable the individual to
function with greater independence in the home, and without which
the individual would require institutionalization.
(2) "Environmental modifications" includes such adaptations
as installation of ramps and grab-bars, widening of doorways,
modification of bathroom facilities, and installation of
specialized electric and plumbing systems necessary to accommodate
the individual's medical equipment and supplies.
(3) "Environmental modifications" does not include physical
adaptations or improvements to the home that are of general
utility or not of direct medical or remedial benefit to the
individual, including such adaptations or improvements as
carpeting, roof repair, and central air conditioning.
(H) "Family support services" means the services provided
under a family support services program operated under section
5126.11 of the Revised Code.
(I) "Habilitation" means the process by which the staff of
the facility or agency assists an individual with mental
retardation or other developmental disability in acquiring and
maintaining those life skills that enable the individual to
cope
more effectively with the demands of the individual's own person
and
environment, and in raising the level of the individual's
personal, physical,
mental, social, and vocational efficiency.
Habilitation includes, but is not
limited to, programs of formal,
structured education and training.
(J) "Home and community-based services" means
medicaid-funded
home and community-based services specified in division (B)(1) of
section 5111.87 of the Revised Code and provided under the
medicaid waiver components the department of mental retardation
and
developmental disabilities administers pursuant to section
5111.871 of the Revised Code.
(K) "Immediate family" means parents, grandparents, brothers,
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and
daughters-in-law.
(L) "Medicaid" has the same meaning as in section 5111.01
of
the Revised Code.
(M) "Medicaid case management services" means case
management
services provided to an individual with mental
retardation or
other developmental disability that the state
medicaid plan
requires.
(N) "Mental retardation" means a mental impairment
manifested
during the developmental period characterized by
significantly
subaverage general intellectual functioning
existing
concurrently
with deficiencies in the effectiveness or
degree with
which an
individual meets the standards of personal
independence
and social
responsibility expected of the
individual's age and
cultural
group.
(O) "Residential services" means services to individuals
with
mental retardation or other developmental disabilities to
provide
housing, food, clothing, habilitation, staff support, and
related
support services necessary for the health, safety, and
welfare of
the individuals and the advancement of their quality
of
life.
"Residential services" includes program management, as
described
in section 5126.14 of the Revised Code.
(P) "Resources" means available capital and other assets,
including moneys received from the federal, state, and local
governments, private grants, and donations; appropriately
qualified personnel; and appropriate capital facilities and
equipment.
(Q) "Senior probate judge" means the current probate judge of
a county who has served as probate judge of that county longer
than any of the other current probate judges of that county. If a
county has only one probate judge, "senior probate judge" means
that probate judge.
(R) "Service and support administration" means the duties
performed by a service and support administrator pursuant to
section 5126.15 of the Revised Code.
(S)(1) "Specialized medical, adaptive, and assistive
equipment, supplies, and supports" means equipment, supplies, and
supports that enable an individual to increase the ability to
perform activities of daily living or to perceive, control, or
communicate within the environment.
(2) "Specialized medical, adaptive, and assistive equipment,
supplies, and supports" includes the following:
(a) Eating utensils, adaptive feeding dishes, plate guards,
mylatex straps, hand splints, reaches, feeder seats, adjustable
pointer sticks, interpreter services, telecommunication devices
for the deaf, computerized communications boards, other
communication devices, support animals, veterinary care for
support animals, adaptive beds, supine boards, prone boards,
wedges, sand bags, sidelayers, bolsters, adaptive electrical
switches, hand-held shower heads, air conditioners, humidifiers,
emergency response systems, folding shopping carts, vehicle lifts,
vehicle hand controls, other adaptations of vehicles for
accessibility, and repair of the equipment received.
(b) Nondisposable items not covered by medicaid that are
intended to assist an individual in activities of daily living or
instrumental activities of daily living.
(T) "Supportive home services" means a range of services
to
families of individuals with mental retardation or other
developmental disabilities to develop and maintain increased
acceptance and understanding of such persons, increased ability
of
family members to teach the person, better coordination
between
school and home, skills in performing specific
therapeutic and
management techniques, and ability to cope with
specific
situations.
(U)(1) "Supported living" means services provided
for as
long
as twenty-four hours a day to an
individual with mental
retardation or other developmental
disability through any public
or private resources, including
moneys from the individual, that
enhance the individual's
reputation in community life and advance
the individual's quality
of life by doing the following:
(a) Providing the support necessary to enable an
individual
to live in a residence of the individual's choice, with any
number
of individuals who are
not disabled,
or with not more than
three
four other individuals with mental
retardation
and developmental
disabilities
unless the individuals
are related
by blood or
marriage;
(b) Encouraging the individual's participation in the
community;
(c) Promoting the individual's rights and autonomy;
(d)
Assisting the individual in acquiring, retaining, and
improving
the skills
and competence
necessary to live successfully
in the
individual's residence.
(2) "Supported living" includes the provision of
all
of the
following:
(a) Housing, food,
clothing, habilitation, staff support,
professional services, and
any related support services necessary
to ensure the health, safety,
and welfare of the individual
receiving the services;
(b) A combination of lifelong or extended-duration
supervision, training, and other services essential to daily
living, including assessment and evaluation and assistance with
the cost of training materials, transportation, fees, and
supplies;
(c) Personal care services and homemaker services;
(d) Household maintenance that does not include
modifications
to the physical structure of the residence;
(e) Respite care services;
(f) Program management, as described in section 5126.14 of
the Revised Code.
Sec. 5126.044. (A) As used in this section,
"eligible:
(1) "Eligible person" has the same meaning as
in section
5126.03 of the Revised Code.
(2) "Treatment" means the provision, coordination, or
management of services provided to an eligible person.
(3) "Payment" means activities undertaken by a service
provider or governmental entity to obtain or provide reimbursement
for services to an eligible person.
(B) Except as provided in division (D)(C) of this section, no
person shall disclose the identity of an individual who requests
programs or services under this chapter or release a record or
report regarding an eligible person that is maintained by a
county
board of mental retardation and developmental disabilities
or an
entity under contract with a county board unless one of the
following circumstances exists:
(1) The individual, eligible person, or the individual's
guardian, or, if the individual is a minor, the
individual's
parent or guardian, makes a written request
to the county board or
entity for or approves in writing
disclosure of the individual's
identity or release of the record
or report regarding the eligible
person.
(2) Disclosure of the identity of an individual is needed
for
approval of a direct services contract under section 5126.032
or
5126.033 of the Revised Code. The county board shall release
only
the individual's name and the general nature of the services
to be
provided.
(3) Disclosure of the identity of the individual is needed
to
ascertain that the county board's waiting lists for programs
or
services are being maintained in accordance with section
5126.042
of the Revised Code and the rules adopted under that
section. The
county board shall release only the individual's
name, the general
nature of the programs or services to be
provided the individual,
the individual's rank on each
waiting list that
includes the
individual, and any circumstances under which the
individual was
given priority when placed on a waiting list.
(4) Disclosure of the identity of an individual who is an
eligible person is needed for treatment of or payment for services
provided to the individual.
(C) A board or entity that discloses an individual's
identity
or releases a record or report regarding an eligible
person shall
maintain a record of when and to whom the disclosure
or release
was made.
(D)(1) At the request of an eligible person or the person's
guardian or, if the eligible person is a minor,
the person's
parent or guardian, a county
board or entity under contract with a
county board shall provide
the person who made the request access
to records and reports
regarding the eligible person. On written
request, the county
board or entity shall provide copies of the
records and reports
to the eligible person, guardian, or parent.
The county board or
entity may charge a reasonable fee to cover
the costs of copying. The county
board or entity may waive the fee
in cases of hardship.
(2) A county board shall provide access to any waiting
list
or record or report regarding an eligible person maintained by the
board
to any state agency responsible for monitoring and reviewing
programs
and services provided or arranged by the county board,
any state
agency involved in the coordination of services for an
eligible
person, and any agency under contract with the department
of
mental retardation and developmental disabilities for the
provision of protective service pursuant to section 5123.56 of
the
Revised Code.
(3) When an eligible person who requests programs or services
under this chapter dies, the county board or entity under contract
with the county board, shall, on written request, provide to both
of the
following persons any reports and records
in the board or
entity's possession concerning the eligible
person:
(a) If the report or records are necessary to administer the
estate of the person who is the subject of the reports or records,
to the executor or administrator of
the person's estate;
(b) To the guardian of the person who is the subject of the
reports or records or, if the individual had no guardian at the
time
of death, to a person in the
first applicable of the
following categories:
(ii) The person's children;
(iii) The person's parents;
(iv) The person's brothers or sisters;
(v) The person's uncles or aunts;
(vi) The person's closest relative by blood or adoption;
(vii) The person's closest relative by marriage.
The county board or entity shall provide the reports and
records
as required by division (D)(C)(3) of this section not
later than
thirty days after receipt of the request.
(E)(D) A county board shall notify an eligible person, the
person's
guardian, or, if the eligible person is a minor, the
person's parent or
guardian, prior to destroying any record or
report regarding the eligible
person.
Sec. 5126.05. (A) Subject to the rules established by the
director of
mental retardation and developmental disabilities
pursuant to
Chapter 119. of the Revised Code for programs and
services
offered pursuant to this chapter, and subject to the
rules
established by the state board of education pursuant to
Chapter
119. of the Revised Code for programs and services offered
pursuant to Chapter 3323. of the Revised Code, the county board
of
mental retardation and developmental disabilities shall:
(1) Administer and operate facilities, programs, and
services
as provided by this chapter and Chapter 3323. of the
Revised Code
and establish policies for their administration and
operation;
(2) Coordinate, monitor, and evaluate existing services
and
facilities available to individuals with mental retardation and
developmental disabilities;
(3) Provide early childhood services, supportive home
services, and adult services, according to the plan and
priorities
developed under section 5126.04 of the Revised Code;
(4) Provide or contract for special education
services
pursuant to Chapters 3306., 3317.,
and
3323. of the Revised Code
and
ensure that related services, as
defined in section 3323.01 of
the
Revised Code, are available
according to the plan and
priorities
developed under section 5126.04
of the Revised Code;
(5) Adopt a budget, authorize expenditures for the
purposes
specified in this chapter and do so in accordance with
section
319.16 of the Revised Code, approve attendance of board
members
and employees at professional meetings and approve
expenditures
for attendance, and exercise such powers and duties
as are
prescribed by the director;
(6) Submit annual reports of its work and expenditures,
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to
the director, the superintendent of public instruction, and the
board of county commissioners at the close of the fiscal year and
at such other times as may reasonably be requested;
(7) Authorize all positions of employment, establish
compensation, including but not limited to salary schedules and
fringe benefits for all board employees, approve contracts of
employment for management employees that are for a term of more
than one year, employ legal counsel under section 309.10 of the
Revised Code, and contract for employee benefits;
(8) Provide
service and support administration in
accordance
with section
5126.15 of the Revised
Code;
(9) Certify respite care homes pursuant to rules adopted
under section 5123.171 of the Revised Code by the director of
mental retardation and developmental disabilities.
(B) To the extent that rules adopted under this section
apply
to the identification and placement of children
with
disabilities
under Chapter 3323. of the Revised Code, they shall
be consistent
with the standards and procedures established under
sections
3323.03 to 3323.05 of the Revised Code.
(C) Any county board may enter into contracts with other
such
boards and with public or private, nonprofit, or
profit-making
agencies or organizations of the same or another
county, to
provide the facilities, programs, and services
authorized or
required, upon such terms as may be agreeable, and
in accordance
with this chapter and Chapter 3323. of the Revised
Code and rules
adopted thereunder and in accordance with sections
307.86 and
5126.071 of the Revised Code.
(D) A county board may combine transportation for children
and adults enrolled in programs and services offered under
section
5126.12 with transportation for children
enrolled in
classes
funded under section 3317.20 or units approved under section
3317.05 of the Revised
Code.
(E) A county board may purchase all necessary insurance
policies, may purchase equipment and supplies through the
department of administrative services or from other sources, and
may enter into agreements with public agencies or nonprofit
organizations for cooperative purchasing arrangements.
(F) A county board may receive by gift, grant, devise, or
bequest any moneys, lands, or property for the benefit of the
purposes for which the board is established and hold, apply, and
dispose of the moneys, lands, and property according to the terms
of the gift, grant, devise, or bequest. All money received by
gift, grant, bequest, or disposition of lands or property
received
by gift, grant, devise, or bequest shall be deposited in
the
county treasury to the credit of such board and shall be
available
for use by the board for purposes determined or stated
by the
donor or grantor, but may not be used for personal
expenses of the
board members. Any interest or earnings accruing
from such gift,
grant, devise, or bequest shall be treated in the
same manner and
subject to the same provisions as such gift,
grant, devise, or
bequest.
(G) The board of county commissioners shall levy taxes and
make appropriations sufficient to enable the county board of
mental retardation and developmental disabilities to perform its
functions and duties, and may utilize
any available local, state,
and federal funds for such purpose.
Sec. 5126.24. (A) As used in this section:
(1) "License" means an educator license issued by the state
board of
education under section 3319.22 of the Revised Code or a
certificate issued by
the department of mental retardation and
developmental disabilities.
(2) "Teacher" means a person employed by a county board of
mental retardation and developmental disabilities in a position
that requires a license.
(3) "Nonteaching employee" means a person employed by a
county board of mental retardation and developmental disabilities
in a position that does not require a license.
(4) "Years of service" includes all service described in
division (A) of section 3317.13 of the Revised Code.
(B) Subject to rules established by the director of mental
retardation and developmental disabilities pursuant to Chapter
119. of the Revised Code, each county board of mental retardation
and developmental disabilities shall annually adopt separate
salary schedules for teachers and nonteaching employees.
(C) The teachers' salary schedule shall provide for
increments based on training and years of service. The board may
establish its own service requirements provided no teacher
receives less than the salary the teacher would be paid under
section 3317.13 of the Revised Code if the teacher were
employed
by a school
district board of education and provided full credit
for a
minimum of five years of actual teaching and military
experience
as defined in division (A) of such section is given to
each
teacher.
Each teacher who has completed training that would qualify
the teacher for a higher salary bracket pursuant to this section
shall
file by the fifteenth day of September with the fiscal
officer of
the board, satisfactory evidence of the completion of
such
additional training. The fiscal officer shall then
immediately
place the teacher, pursuant to this section, in the
proper salary
bracket in accordance with training and years of
service. No
teacher shall be paid less than the salary to which
the
teacher would be entitled under section 3317.13 of the Revised
Code if
the teacher were employed by a school district board of
education.
The superintendent of each county board, on or before the
fifteenth day of October of each year, shall certify to the state
board of education the name of each teacher employed, on an
annual
salary, in each special education program operated
pursuant to
section 3323.09 of the Revised Code during the first
full school
week of October. The superintendent further shall
certify, for
each teacher, the number of years of training
completed at a
recognized college, the degrees earned from a
college recognized
by the state board, the type of license
held, the number of months
employed by the board, the annual
salary, and other information
that the state board may request.
(D) The nonteaching employees' salary schedule established
by
the board shall be based on training, experience, and
qualifications with initial salaries no less than salaries in
effect on July 1, 1985. Each board shall prepare and may amend
from time to time, specifications descriptive of duties,
responsibilities, requirements, and desirable qualifications of
the classifications of employees required to perform the duties
specified in the salary schedule. All nonteaching employees
shall
be notified of the position classification to which they
are
assigned and the salary for the classification. The
compensation
of all nonteaching employees working for a
particular board shall
be uniform for like positions except as
compensation would be
affected by salary increments based upon
length of service.
On the fifteenth day of October of each year the
nonteaching
employees' salary schedule and list of job
classifications and
salaries in effect on that date shall be
filed by each board with
the superintendent of public
instruction. If such salary schedule
and classification plan is
not filed, the superintendent of public
instruction shall order
the board to file such schedule and list
forthwith. If this
condition is not corrected within ten days
after receipt of the
order from the superintendent, no money shall
be distributed to
the district under Chapter 3306. or 3317. of the
Revised Code until the
superintendent has satisfactory evidence of
the board's full
compliance with such order.
Sec. 5139.43. (A) The
department of youth services shall
operate a felony delinquent
care and custody program that shall be
operated in accordance with the formula
developed pursuant to
section 5139.41 of the Revised
Code, subject to the conditions
specified in this section.
(B)(1) Each juvenile court shall use the moneys disbursed
to
it by the department of youth services pursuant to division
(B) of
section 5139.41 of the Revised Code in accordance with the
applicable provisions of
division (B)(2) of this section and shall
transmit the moneys to the county
treasurer for deposit in
accordance with this division. The county treasurer
shall create
in the county treasury a fund that shall be
known as the felony
delinquent care and custody fund and shall
deposit in that fund
the moneys disbursed to the juvenile
court pursuant to division
(B) of section 5139.41 of the Revised Code. The county treasurer
also
shall deposit into that fund the
state subsidy funds granted
to the county pursuant to section
5139.34 of the Revised Code. The
moneys
disbursed to the juvenile court pursuant to division
(B) of
section 5139.41 of the Revised Code and deposited pursuant to this
division in the felony delinquent care and custody fund shall not
be commingled
with any other county funds except state subsidy
funds granted to the
county pursuant to section 5139.34 of the
Revised Code; shall not be used for any capital
construction
projects; upon an
order of the juvenile court and subject to
appropriation by the
board of county commissioners, shall be
disbursed to the juvenile
court for use in accordance with the
applicable provisions of division
(B)(2) of this section;
shall
not revert to the county general fund at the end of any
fiscal
year; and shall carry over in the felony delinquent care and
custody
fund from the end of any fiscal year to the next fiscal
year. At the end of each fiscal year, beginning June 30, 2008, the
balance in the felony delinquent care and custody fund in any
county shall not exceed the total moneys allocated to the county
pursuant to sections 5139.34 and 5139.41 of the Revised Code
during the previous fiscal year, unless that county has applied
for and been granted an exemption by the director of youth
services. The department shall withhold from future payments to a
county an amount equal to any moneys in the felony delinquent care
and custody fund of the county that exceed fifty per cent of the
total moneys
allocated in fiscal year 2010, and twenty-five per
cent of the total moneys allocated in subsequent fiscal years
pursuant to those sections to the county during the
preceding
fiscal year and shall reallocate the withheld amount.
The
department shall adopt rules for the withholding and
reallocation
of moneys disbursed under sections 5139.34 and
5139.41 of the
Revised Code and for the criteria and process for a
county to
obtain an exemption from the withholding requirement.
The moneys
disbursed to the juvenile court pursuant to division
(B) of
section 5139.41 of the Revised Code and deposited pursuant
to
this
division in the felony delinquent care and custody fund
shall be in
addition to, and shall not be used to reduce,
any
usual annual increase in county funding that the juvenile
court is
eligible to receive or the current level of county
funding of the
juvenile court and of any programs or services for
delinquent
children, unruly children, or juvenile traffic
offenders.
(2)(a) A county and the juvenile court that serves the county
shall use the moneys in its felony delinquent care and custody
fund in
accordance with rules that the department of youth
services adopts pursuant to
division (D) of section 5139.04 of the
Revised Code and as follows:
(i) The moneys in the fund that represent state subsidy funds
granted to the county pursuant to section 5139.34 of the
Revised
Code shall be used to aid in
the support of prevention, early
intervention, diversion,
treatment, and rehabilitation programs
that are provided for
alleged or adjudicated unruly children or
delinquent children or
for children who are at risk of becoming
unruly
children or delinquent children. The county shall not use
for
capital improvements more than fifteen per cent of
the moneys
in the fund that represent the applicable annual grant of those
state subsidy
funds.
(ii) The moneys in the fund that
were disbursed to the
juvenile court pursuant to division
(B) of section 5139.41 of the
Revised Code and deposited pursuant to division
(B)(1) of this
section in the
fund shall be used to
provide programs and services
for the training,
treatment, or rehabilitation of felony
delinquents that are
alternatives to their commitment to the
department, including,
but not limited to, community residential
programs, day treatment
centers, services within the home, and
electronic monitoring, and shall be
used in connection with
training,
treatment, rehabilitation, early intervention, or other
programs or services
for any delinquent child, unruly child, or
juvenile traffic
offender who is under the jurisdiction of the
juvenile court.
The
fund also may be used for prevention, early
intervention,
diversion, treatment, and rehabilitation programs
that are
provided for alleged or adjudicated unruly children,
delinquent
children, or juvenile traffic offenders or for
children who are at
risk of becoming unruly
children, delinquent children, or juvenile
traffic
offenders. Consistent with
division (B)(1) of this
section, a county and the juvenile court of a county shall not
use
any of those moneys for capital construction
projects.
(iii) Moneys in the fund shall not be used to support
programs or services that do not comply with federal juvenile
justice and delinquency prevention core requirements or to support
programs or services that research has shown to be ineffective.
(iv) The county and the juvenile
court that serves the
county may use moneys in the fund to
provide
out-of-home
placement of children only in
detention
centers, community
rehabilitation centers, or community
corrections facilities
approved by the department pursuant to
standards adopted by the
department, licensed by an authorized
state agency, or accredited
by the American correctional
association or another national
organization recognized by the
department.
(b) Each juvenile court shall comply with division (B)(3)(d)
of this section
as implemented by the department.
If a juvenile
court fails to comply with division (B)(3)(d) of this section, the
department shall not be required to make any disbursements in
accordance with division (C) or (D) of section 5139.41 or division
(C)(2) of section 5139.34 of the Revised Code.
(3) In accordance with rules adopted by the department
pursuant to division (D) of section 5139.04 of the Revised
Code,
each juvenile
court and the county served by that juvenile court
shall do all of the
following that apply:
(a) The juvenile court shall prepare an annual grant
agreement
and application for funding that satisfies the
requirements of
this section and section 5139.34 of the
Revised
Code and that pertains to the use,
upon an order of the juvenile
court and subject to appropriation
by the board of county
commissioners, of the moneys in its felony
delinquent care and
custody fund for specified programs,
care, and services as
described in division (B)(2)(a) of this
section, shall submit that
agreement and
application to the county family and children first
council, the
regional family and children first council, or the
local
intersystem services to children cluster as described in
sections 121.37 and 121.38 of the Revised
Code, whichever is
applicable,
and shall file that agreement and application with the
department for its approval. The annual grant agreement
and
application for funding shall include a method of ensuring equal
access for minority
youth to the programs, care, and services
specified in
it.
The department may approve an annual grant agreement
and
application for funding only if the juvenile court involved
has
complied with the preparation, submission, and filing
requirements
described in division
(B)(3)(a)
of this section. If the juvenile
court complies with those
requirements and the department approves
that agreement
and application, the juvenile court and the county
served by the juvenile court may expend the state subsidy funds
granted to the county pursuant to section 5139.34 of the
Revised
Code only in accordance with
division (B)(2)(a)
of this section,
the rules
pertaining to state subsidy funds that the department
adopts
pursuant to division (D) of section 5139.04 of the Revised
Code, and the approved agreement and application.
(b) By the thirty-first day of August of each
year, the
juvenile court shall file with the department a report
that
contains all of the statistical and other
information for each
month of the prior state fiscal
year. If the juvenile court
fails
to file the report required by division
(B)(3)(b)
of this section
by the thirty-first day of
August of any year, the
department
shall not disburse any payment of state subsidy funds
to which the
county otherwise is entitled pursuant to section
5139.34 of the
Revised Code and shall not disburse
pursuant to division (B) of
section 5139.41 of the Revised Code the
applicable allocation
until the juvenile
court fully complies with division
(B)(3)(b)
of
this section.
(c) If the department requires the juvenile court to
prepare
monthly statistical reports and to submit the reports on forms
provided
by the department, the juvenile court shall file those
reports with the
department on the forms so provided. If the
juvenile court
fails to prepare and submit those monthly
statistical reports within the
department's timelines, the
department shall not disburse any
payment of state subsidy funds
to which the county
otherwise is entitled pursuant to section
5139.34 of the
Revised Code and shall not disburse
pursuant to
division (B) of section 5139.41 of the Revised Code the applicable
allocation
until the juvenile court fully complies with division
(B)(3)(c) of this section.
If the juvenile court fails to prepare
and submit those monthly
statistical reports within one hundred
eighty days of the date the
department establishes for their
submission, the department shall not
disburse any payment of state
subsidy funds to which the county
otherwise is entitled pursuant
to section 5139.34 of the Revised
Code and shall not disburse
pursuant to
division (B)
of section 5139.41 of the Revised Code
the applicable allocation, and the state subsidy
funds
and the
remainder of
the applicable allocation shall revert to the
department. If a
juvenile court states in a monthly
statistical
report that the juvenile court adjudicated within a state fiscal
year five
hundred or more children to be delinquent children for
committing
acts that would be felonies if committed by adults and
if the department
determines that the data in the report may be
inaccurate, the juvenile
court shall have an independent auditor
or other qualified entity certify the
accuracy of
the data on a
date determined by the department.
(d) If the department requires the juvenile court and the
county to
participate in a fiscal monitoring program or
another
monitoring program that is conducted by the
department to ensure
compliance by the juvenile court and
the county with division (B)
of this section, the juvenile court and
the county shall
participate in the
program and fully comply with any guidelines
for the performance of audits
adopted by the department pursuant
to that program and all requests made by
the department pursuant
to that program for information necessary to reconcile
fiscal
accounting. If an audit that is performed pursuant to a fiscal
monitoring program or another monitoring program
described in this
division
determines that the juvenile court or the county used
moneys in the county's
felony delinquent care and custody
fund for
expenses that are not authorized under division
(B) of this
section, within
forty-five days after the department notifies the
county of the
unauthorized expenditures, the county either shall
repay the amount of
the unauthorized expenditures from the county
general revenue fund to the state's general revenue
fund or shall
file a written appeal with the department. If an appeal is
timely
filed, the director of the department shall render a
decision on
the appeal and shall notify the appellant county or
its juvenile
court of that decision within forty-five days after
the date that
the appeal is filed. If the director denies an
appeal, the
county's fiscal agent shall repay the amount of the
unauthorized
expenditures from the county general revenue fund to the state's
general revenue fund
within thirty days after receiving the
director's notification
of the appeal decision.
(C) The determination of which county a reduction of the
care and custody allocation will be charged against for a
particular youth
shall be made as outlined
below for all youths
who do not qualify as public safety beds.
The determination of
which county a reduction of the care
and custody allocation will
be charged against shall be made as
follows until each youth is
released:
(1) In the event of a commitment, the reduction shall be
charged
against the committing county.
(2) In the event of a recommitment, the reduction shall be
charged
against the original committing county until the
expiration of the
minimum period of institutionalization under the
original order of
commitment or until the date on which the youth
is admitted to the
department of youth services pursuant to the
order of
recommitment, whichever is later. Reductions of the
allocation shall be charged against the county that recommitted
the youth after the minimum expiration date of the original
commitment.
(3) In the event of a revocation of a release on parole, the
reduction
shall be charged against the county
that revokes the
youth's parole.
(D) A juvenile court is not precluded by its allocation
amount for the care and custody of felony delinquents from
committing a felony delinquent to the department of youth services
for care and custody in an institution or a community corrections
facility when the juvenile court determines that the commitment is
appropriate.
Sec. 5155.38. As used in this section, "long-term care bed"
has the same meaning as in section 3702.51 of the Revised Code.
The operator of each county home and each county nursing home
shall, not later than November 1, 2009, certify to the director of
health the number of long-term care beds that were in operation in
the home on July 1, 1993. The certification shall be accompanied
by any documentation requested by the director.
Sec. 5502.01. (A) The department of public safety shall
administer
and enforce the laws relating to the registration,
licensing, sale, and
operation of motor
vehicles and the laws
pertaining to the licensing of drivers of motor
vehicles.
The department shall compile, analyze, and publish statistics
relative to
motor vehicle accidents and the causes of them,
prepare
and conduct educational programs for the purpose of
promoting safety in the
operation of motor vehicles
on the
highways,
and
conduct research and studies
for the purpose of
promoting safety
on the highways of this state.
(B) The department shall administer the laws and rules
relative to trauma
and emergency medical
services specified in
Chapter 4765. of the Revised Code.
(C) The department shall administer and enforce the laws
contained in Chapters 4301. and 4303. of the Revised Code
and
enforce the rules and
orders
of the
liquor control commission
pertaining to retail liquor permit holders.
(D) The department shall administer the laws governing the
state
emergency management agency and shall enforce all additional
duties and
responsibilities as prescribed in the Revised Code
related
to emergency management services.
(E) The department shall conduct investigations pursuant to
Chapter 5101. of the Revised Code in support of the
duty of the
department of
job and family
services to administer food
stamp
programs
the supplemental nutrition assistance program throughout
this state. The
department of public
safety
shall
conduct
investigations necessary to protect
the
state's
property
rights
and interests in the food stamp supplemental nutrition assistance
program.
(F) The department of public safety shall enforce compliance
with
orders and rules of the public utilities commission and
applicable laws in
accordance with Chapters 4919., 4921., and
4923. of the Revised Code regarding
commercial motor vehicle
transportation safety, economic, and hazardous
materials
requirements.
(G) Notwithstanding Chapter 4117. of the Revised Code, the
department
of public safety may establish requirements for its
enforcement
personnel, including its enforcement agents described
in section
5502.14 of the Revised Code, that include standards of
conduct, work rules and
procedures, and criteria for
eligibility
as law enforcement personnel.
(H) The department shall administer, maintain, and operate
the Ohio
criminal justice network. The Ohio criminal justice
network
shall be a computer network that supports state and local
criminal justice activities. The network shall be an electronic
repository for various data, which may include arrest warrants,
notices of persons wanted by law enforcement agencies, criminal
records, prison inmate records, stolen vehicle records, vehicle
operator's licenses, and vehicle registrations and
titles.
(I) The department shall coordinate all homeland security
activities of all state agencies and shall be a liaison between
state agencies and local entities for those activities and related
purposes.
(J) Beginning July 1, 2004, the department shall administer
and enforce the laws relative to private investigators and
security service providers specified in Chapter 4749. of the
Revised Code.
(K) The department shall administer criminal justice services
in accordance with sections 5502.61 to 5502.66 of the Revised
Code.
Sec. 5502.14. (A) As used in this section,
"felony"
has the
same meaning as in section 109.511 of the Revised Code.
(B)(1) Any person who is employed by the department
of
public
safety and designated by the director of public safety to
enforce
Title XLIII of the Revised Code, the
rules adopted under
it, and
the laws and rules
regulating the use of food stamps
supplemental
nutrition assistance program benefits shall
be known as
an
enforcement agent. The employment by the
department of public
safety and the designation by the director of
public
safety of a
person as an enforcement
agent shall be subject
to division (D) of
this section.
An enforcement
agent has the
authority vested in
peace officers pursuant to section 2935.03
of
the Revised Code to
keep the peace, to enforce all applicable laws
and
rules
on any
retail liquor permit premises, or on any other
premises of public
or
private property, where a violation of Title
XLIII of the
Revised Code
or any rule adopted under it is
occurring, and to
enforce all laws and
rules governing the use of
food stamp coupons
supplemental nutrition assistance program benefits, women,
infants, and
children's coupons,
electronically transferred
benefits, or any other access
device
that is used alone or in
conjunction with another access device to
obtain payments,
allotments, benefits, money, goods, or other
things of value,
or
that can be used to initiate a transfer of
funds, pursuant to the
food
stamp supplemental nutrition assistance program established
under the
"Food Stamp and Nutrition Act
of 1977," 91 Stat. 958,
2008 (7
U.S.C.A. 2011, as
amended, et seq.) or any
supplemental
food program administered by any
department of this state
pursuant
to the
"Child Nutrition Act of
1966," 80
Stat. 885, 42 U.S.C.A.
1786. Enforcement
agents, in
enforcing compliance with the laws
and rules described in this
division, may keep the peace and make
arrests for violations of
those laws and
rules.
(2) In addition to the
authority conferred by division
(B)(1)
of this section, an
enforcement agent also may execute
search
warrants and seize and take into custody any contraband, as
defined in
section
2901.01 of the Revised Code, or any property
that is otherwise necessary for evidentiary
purposes related to
any
violations of the laws or rules described in division
(B)(1)
of this
section. An enforcement agent may
enter public or private
premises
where activity alleged to violate the laws or rules
described in division
(B)(1) of this section is occurring.
(3) Enforcement agents who are
on, immediately adjacent to,
or across from retail liquor permit premises
and who are
performing investigative duties relating to that premises,
enforcement agents who are on premises that are not liquor permit
premises but
on which a violation of Title XLIII of the Revised
Code or any rule adopted
under it allegedly is occurring, and
enforcement agents who view a
suspected violation of Title XLIII
of the Revised Code, of a rule
adopted under it, or of another law
or rule described in division
(B)(1) of this section have the
authority to enforce the laws
and rules
described in division
(B)(1) of this section, authority to enforce
any section in Title
XXIX of the Revised Code or any other section of the
Revised Code
listed in section 5502.13 of the Revised Code if they witness a
violation of the section under
any of the circumstances described
in this division, and authority
to make arrests for violations
of
the laws and rules described in division
(B)(1) of this section
and violations of any of those sections.
(4) The jurisdiction of an
enforcement agent
under division
(B) of this section shall be concurrent with
that of the peace
officers of the county, township,
or municipal corporation in
which the violation occurs.
(C) Enforcement agents of the department
of public
safety
who
are engaged in the enforcement of the laws and rules
described
in
division (B)(1) of this section may carry
concealed weapons
when
conducting
undercover investigations pursuant to their
authority
as law enforcement
officers and while acting within the
scope of
their authority pursuant to this
chapter.
(D)(1) The department of public safety shall not employ, and
the
director of public safety shall not designate, a person as an
enforcement
agent on a permanent basis, on a
temporary basis, for
a
probationary term, or on other than a permanent basis if the
person previously
has been convicted of or has pleaded guilty to a
felony.
(2)(a) The department of public safety shall terminate the
employment of a person who is designated as an enforcement agent
and who does
either of the following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division (D) of
section
2929.43 of
the Revised Code in which the
enforcement agent agrees
to
surrender the
certificate awarded to that agent under section
109.77 of the Revised
Code.
(b) The department shall suspend the employment of a person
who is designated as an
enforcement agent if the person is
convicted, after
trial, of a felony. If the enforcement
agent
files
an appeal from that conviction and the conviction
is upheld
by the highest court to which the appeal is taken or if no timely
appeal is filed, the department shall terminate the employment of
that agent.
If the enforcement agent files an appeal
that results
in that
agent's acquittal of the felony or conviction of a
misdemeanor, or in the
dismissal of the
felony charge against the
agent, the department shall reinstate
the agent.
An enforcement
agent who is
reinstated under division (D)(2)(b) of this section
shall not receive any back pay unless the conviction of that agent
of the
felony was reversed on appeal, or the felony
charge was
dismissed, because the court found insufficient evidence to
convict
the agent of the felony.
(3) Division (D) of this section does not apply regarding an
offense that was committed prior to January 1, 1997.
(4) The suspension or termination of the employment of a
person designated
as an enforcement agent under division
(D)(2) of
this section shall be in accordance with Chapter 119. of the
Revised
Code.
Sec. 5502.15. Any funding provided or made available by the
United States or by any agency designated and authorized by
the
United States government for the purposes of enforcing
compliance
with food stamp supplemental nutrition assistance program laws
shall be expended by the department of public
safety for those
purposes.
Sec. 5703.05. All powers, duties, and functions of the
department of taxation are vested in and shall be performed by
the
tax commissioner, which powers, duties, and functions shall
include, but shall not be limited to, the following:
(A) Prescribing all blank forms which the department is
authorized to prescribe, and to provide such forms and distribute
the same as required by law and the rules of the department. The
tax
commissioner shall include a mail-in registration form
prescribed in section
3503.14 of the Revised Code within the
return and instructions for the tax
levied in odd-numbered years
under section 5747.02 of the Revised Code,
beginning with the tax
levied for 1995. The secretary of state
shall bear all
costs for
the inclusion of the mail-in registration form. That form
shall
be
addressed for return to the office of the secretary of state.
(B) Exercising the authority provided by law, including
orders from
bankruptcy courts, relative to
remitting or refunding
taxes or assessments, including penalties
and interest thereon,
illegally or erroneously assessed or
collected, or for any other
reason overpaid, and in addition, the
commissioner may on written
application of any person, firm, or
corporation claiming to have
overpaid to the treasurer of state
at any time within five years
prior to the making of such
application any tax payable under any
law which the department of
taxation is required to administer
which does not contain any
provision for refund, or on the
commissioner's own motion
investigate the facts and make in
triplicate a written statement of
the commissioner's findings,
and, if the commissioner
finds that there has been an overpayment,
issue in triplicate a certificate of
abatement payable to the
taxpayer, the taxpayer's assigns,
or legal representative which
shows the amount of
the overpayment and the kind of tax overpaid.
One copy of such
statement shall be entered on the journal of the
commissioner, one shall be
certified to the attorney general, and
one certified
copy shall be delivered to the taxpayer. All copies
of the
certificate of abatement shall be transmitted to the
attorney
general, and if the attorney general finds it to be
correct
the attorney general shall so certify on each copy, and
deliver one copy to the taxpayer, one copy to the commissioner,
and the third
copy to the treasurer of state. Except as provided
in sections 5725.08 and
5725.16 of the Revised
Code the taxpayer's
copy of any certificates of abatement may be
tendered by the payee
or transferee thereof to the treasurer of
state as payment, to the
extent of the amount thereof, of any tax
payable to the treasurer
of state.
(C) Exercising the authority provided by law relative to
consenting to the compromise and settlement of tax claims;
(D) Exercising the authority provided by law relative to
the
use of alternative tax bases by taxpayers in the making of
personal property tax returns;
(E) Exercising the authority provided by law relative to
authorizing the prepayment of taxes on retail sales of tangible
personal property or on the storage, use, or consumption of
personal property, and waiving the collection of such taxes from
the consumers;
(F) Exercising the authority provided by law to revoke
licenses;
(G) Maintaining a continuous study of the practical
operation
of all taxation and revenue laws of the state, the
manner in which
and extent to which such laws provide revenues
for
the support of
the state and its political subdivisions, the
probable effect upon
such revenue of possible changes in existing
laws, and the
possible enactment of measures providing for other
forms of
taxation. For this purpose the commissioner may
establish and
maintain a division of research and statistics, and
may appoint
necessary employees who shall be in the unclassified
civil
service; the. The results of such study shall be available to
the
members of the general assembly and the public.
(H) Making all tax assessments, valuations, findings,
determinations, computations, and orders the department of
taxation is by law authorized and required to make and, pursuant
to time limitations provided by law, on the commissioner's
own
motion, reviewing, redetermining, or correcting any tax
assessments,
valuations, findings, determinations, computations,
or orders the
commissioner has made, but the commissioner shall
not
review, redetermine, or correct any tax assessment, valuation,
finding,
determination, computation, or order which the
commissioner
has made as to which an appeal or application
for
rehearing, review, redetermination, or correction has been
filed
with the board of tax appeals, unless such appeal or
application
is withdrawn by the appellant or applicant or
dismissed;
(I) Appointing not more than five deputy tax
commissioners,
who, under such regulations as the rules of the
department of
taxation prescribe, may act for the commissioner in
the
performance of such duties as the commissioner prescribes
in the
administration of the laws which the commissioner is
authorized
and required to administer, and who shall serve in the
unclassified
civil service at the pleasure of the commissioner,
but if a person who holds a
position in the classified service is
appointed, it shall not
affect the civil service status of such
person. The
commissioner may designate not more than two of the
deputy commissioners to
act as commissioner in case of the
absence, disability, or recusal of the
commissioner or vacancy in
the office of commissioner. The commissioner may
adopt rules
relating to the order of precedence of such designated deputy
commissioners
and to their assumption and administration of the
office of commissioner.
(J) Appointing and prescribing the duties of all other
employees of the department of taxation necessary in the
performance of the work of the department which the tax
commissioner is by law authorized and required to perform, and
creating such divisions or sections of employees as, in the
commissioner's judgment, is proper;
(K) Organizing the work of the department, which the
commissioner is by law authorized and required to perform, so
that, in
the commissioner's judgment, an efficient and economical
administration of the laws will result;
(L) Maintaining a journal, which is open to public
inspection, in which the
tax commissioner shall keep a record of
all
final determinations of the commissioner;
(M) Adopting and promulgating, in the manner provided by
section 5703.14 of the Revised Code, all rules of the department,
including rules for the administration of sections 3517.16,
3517.17, and 5747.081 of the Revised Code;
(N) Destroying any or all returns or assessment
certificates
in the manner authorized by law;
(O) Adopting rules, in accordance with division (B) of
section 325.31 of the Revised Code, governing the expenditure of
moneys from the real estate assessment fund under that division.
Sec. 5703.37.
Whenever (A)(1) Except as provided in division
(B) of this section, whenever
service of a notice or order is
required in the manner provided in
this
section, a
certified copy
of
the
order or
notice
or order shall be
served
upon the person
affected
thereby
either
by
personal
service or
by
certified mail.
Within
the time
specified in
an
order of the
department of
taxation,
every person
upon
whom it
is
served, if
required by
the
order,
shall notify the
department,
by personal
service, certified
mail,
or a delivery service
authorized under
section 5703.056 of
the
Revised Code, whether the
terms of the
order are
accepted and
will
be obeyed that notifies the tax commissioner of the date of
delivery.
(2) With the permission of the person affected by the notice
or order, the commissioner may enter into a written agreement to
deliver a notice or order by alternative means as provided in this
section, including, but not limited to, delivery by secure
electronic mail. Delivery by such means satisfies the requirements
for delivery under this section.
(B)(1)(a) If certified mail is returned because of an
undeliverable address, the commissioner shall first utilize
reasonable means to ascertain a new last known address, including
the use of an address service offered by the United States postal
service. An assessment is deemed final for the purposes of section
131.02 of the Revised Code sixty days after the notice or order
sent by certified mail is first returned to the commissioner. If,
after using reasonable means, the commissioner is unable to
ascertain a new last known address, the commissioner shall certify
the notice or order, if applicable, to the attorney general for
collection under section 131.02 of the Revised Code.
(b) Notwithstanding certification to the attorney general
under division (B)(1)(a) of this section, once the commissioner or
attorney general, or the designee of either, makes an initial
contact with the person to whom the notice or order is directed,
the person may protest an assessment by filing a petition for
reassessment within sixty days after the initial contact. The
certification of an assessment under division (B)(1)(a) of this
section is prima-facie evidence that delivery is complete and that
the notice or order is served.
(2) If mailing of a notice or order by certified mail is
returned for some cause other than an undeliverable address, the
tax commissioner shall resend the notice or order by ordinary
mail. The notice or order shall show the date the commissioner
sends the notice or order and include the following statement:
"This notice or order is deemed to be served on the addressee
under applicable law ten days from the date this notice or order
was mailed by the commissioner as shown on the notice or order,
and all periods within which an appeal may be filed apply from and
after that date."
Unless the mailing is returned because of an undeliverable
address, the mailing of that information is prima-facie evidence
that delivery of the notice or order was completed ten days after
the commissioner sent the notice or order by ordinary mail and
that the notice or order was served.
If the ordinary mail is subsequently returned because of an
undeliverable address, the commissioner shall proceed under
division (B)(1)(a) of this section. A person may challenge the
presumption of delivery and service under this division in
accordance with division (C) of this section.
For the purposes of this section, mail is not returned
because of an undeliverable address if the mail is returned
because the addressee fails to acknowledge or accept the mailing.
(C)(1) A person disputing the presumption of delivery and
service under division (B) of this section bears the burden of
proving by a preponderance of the evidence that the address to
which the notice or order was sent was not an address with which
the person was associated at the time the commissioner originally
mailed the notice or order by certified mail. For the purposes of
this section, a person is associated with an address if the person
was residing or receiving legal documents at the address, or if a
business was conducted at the address either by the person or the
person's agent, or by any other person affiliated with the
business, if the person owned or controlled at least twenty per
cent of the business' ownership interests having voting rights.
(2) If the person elects to protest an assessment certified
to the attorney general for collection, the person must do so
within sixty days after the attorney general's initial contact
with the person. The attorney general must either enter into a
compromise with the person under sections 131.02 and 5703.06 of
the Revised Code, or send to the tax commissioner the person's
petition for reassessment for action under the procedures
prescribed by this title for petitions for reassessment.
(D) Nothing in this section prohibits the tax commissioner or
the commissioner's designee from delivering a notice or order by
personal service.
(E) Collection actions taken pursuant to section 131.02 of
the Revised Code upon any assessment being challenged under
division (B)(1)(b) of this section shall be stayed upon the
pendency of an appeal under this section, but such a claim remains
certified for subsequent collection by the attorney general for
the purposes of this section and section 131.02 of the Revised
Code.
Sec. 5703.80. There is hereby created in the state treasury
the property tax administration fund. All money to the credit of
the fund shall be used to defray the costs incurred by the
department of taxation in administering the taxation of property
and the equalization of real property valuation.
Each fiscal year between the first and fifteenth days of
July, the tax commissioner shall compute the following amounts for
the property in each taxing district in each county, and certify
to the director of budget and management the sum of those amounts
for all taxing districts in all counties:
(A) For fiscal year 2006 2010, thirty-three forty-two
hundredths of one per
cent of the total amount by which taxes
charged against real
property on the general tax list of real and
public utility
property were reduced under section 319.302 of the
Revised Code
for the preceding tax year;
(B) For fiscal year 2007 2011 and thereafter, thirty-five
forty-eight
hundredths of one per cent of the total amount by
which taxes
charged against real property on the general tax list
of real and
public utility property were reduced under section
319.302 of the
Revised Code for the preceding tax year;
(C) For fiscal year 2006 2010, one-half eight-tenths of one
per cent of the
total amount of taxes charged and payable against
public utility
personal property on the general tax list of real
and public
utility property for the preceding tax year and of the
total
amount of taxes charged and payable against tangible
personal
property on the general tax list of personal property of
the
preceding tax year and for which returns were filed with the
tax
commissioner under section 5711.13 of the Revised Code;
(D) For fiscal year 2007 2011 and thereafter, fifty-six
hundredths nine hundred fifty-one thousandths of one per
cent of
the total amount of taxes charged and payable against
public
utility personal property on the general tax list of real
and
public utility property for the preceding tax year and of the
total amount of taxes charged and payable against tangible
personal property on the general tax list of personal property of
the preceding tax year and for which returns were filed with the
tax commissioner under section 5711.13 of the Revised Code;
(E) For fiscal year 2008, six-tenths of one
per cent of the
total amount of taxes charged and payable against
public utility
personal property on the general tax list of real
and public
utility property for the preceding tax year and of the
total
amount of taxes charged and payable against tangible
personal
property on the general tax list of personal property of
the
preceding tax year and for which returns were filed with the
tax
commissioner under section 5711.13 of the Revised Code;
(F) For fiscal year 2009 and thereafter, seven hundred
twenty-five one-thousandths of one per cent of the total amount of
taxes charged and payable against public utility personal property
on the general tax list of real and public utility property for
the preceding tax year and of the total amount of taxes charged
and payable against tangible personal property on the general tax
list of personal property of the preceding tax year and for which
returns were filed with the tax commissioner under section 5711.13
of the Revised Code.
After receiving the tax commissioner's certification, the
director of budget and management shall transfer from the general
revenue fund to the property tax administration fund one-fourth of
the amount certified on or before each of the following days: the
first days of August, November, February, and May.
On or before the thirtieth day of June of the fiscal year,
the tax commissioner shall certify to the director of budget and
management the sum of the amounts by which the amounts computed
for a taxing district under this section exceeded the
distributions to the taxing district under division (F) of section
321.24 of the Revised Code, and the director shall transfer that
sum from the property tax administration fund to the general
revenue fund.
Sec. 5705.214. Not more than three elections during any
calendar year shall
include the questions by a school district of
tax levies proposed under any
one
or any combination of the
following sections: sections 5705.194, 5705.199, 5705.21,
5705.212, 5705.213, 5705.217, and 5705.218, and 5705.219
of the
Revised Code.
Sec. 5705.219. (A) As used in this section:
(1) "Eligible school district" means a city, local, or
exempted village school district in which the taxes charged and
payable for current expenses on residential/agricultural real
property in the tax year preceding the year in which the levy
authorized by this section will be submitted for elector approval
or rejection are greater than two per cent of the taxable value of
the residential/agricultural real property.
(2) "Residential/agricultural real property" and
"nonresidential/agricultural real property" means the property
classified as such under section 5713.041 of the Revised Code.
(3) "Effective tax rate" and "taxes charged and payable" have
the same meanings as in division (B) of section 319.301 of the
Revised Code.
(B) On or after January 1, 2010, but before January 1, 2014,
the board of education of an eligible school district, by a vote
of two-thirds of all its members, may adopt a resolution proposing
to convert existing levies imposed for the purpose of current
expenses into a levy raising a specified amount of tax money by
repealing all or a portion of one or more of those existing levies
and imposing a levy in excess of the ten-mill limitation that will
raise a specified amount of money for current expenses of the
district.
The board of education shall certify a copy of the resolution
to the tax commissioner not later than ninety days before the
election upon which the repeal and levy authorized by this section
will be proposed to the electors. Within ten days after receiving
the copy of the resolution, the tax commissioner shall determine
each of the following and certify the determinations to the board
of education:
(1) The dollar amount to be raised by the proposed levy,
which shall be the product of:
(a) The difference between the aggregate effective tax rate
for residential/agricultural real property for the tax year
preceding the year in which the repeal and levy will be proposed
to the electors and twenty mills per dollar of taxable value;
(b) The total taxable value of all property on the tax list
of real and public utility property for the tax year preceding the
year in which the repeal and levy will be proposed to the
electors.
(2) The estimated tax rate of the proposed levy.
(3) The existing levies and any portion of an existing levy
to be repealed upon approval of the question. Levies shall be
repealed in reverse chronological order from most recently imposed
to least recently imposed until the sum of the effective tax rates
repealed for residential/agricultural real property is equal to
the difference calculated in division (B)(1)(a) of this section.
(4) The sum of the following:
(a) The total taxable value of nonresidential/agricultural
real property for the tax year preceding the year in which the
repeal and levy will be proposed to the electors multiplied by the
difference between (i) the aggregate effective tax rate for
nonresidential/agricultural real property for the existing levies
and any portion of an existing levy to be repealed and (ii) the
amount determined under division (B)(1)(a) of this section, but
not less than zero;
(b) The total taxable value of public utility tangible
personal property for the tax year preceding the year in which the
repeal and levy will be proposed to the electors multiplied by the
difference between (i) the aggregate voted tax rate for the
existing levies and any portion of an existing levy to be repealed
and (ii) the amount determined under division (B)(1)(a) of this
section, but not less than zero.
(C) Upon receipt of the certification from the tax
commissioner under division (B) of this section, a majority of the
members of the board of education may adopt a resolution proposing
the repeal of all or a portion of the existing levies identified
in the certification and the imposition of a levy in excess of the
ten-mill limitation that will raise annually the amount certified
by the commissioner. The resolution shall state the first calendar
year in which the levy will be due; the existing levies and any
portion of an existing levy that will be repealed, as certified by
the commissioner; the term of the levy expressed in years, which
may be any number not exceeding ten, or that it will be levied for
a continuing period of time; and the date of the election.
Immediately upon its passage, the resolution shall go into
effect and shall be certified by the board of education to the
county auditor of the proper county. The county auditor and the
board of education shall proceed as required under section
5705.195 of the Revised Code. No publication of the resolution is
necessary other than that provided for in the notice of election.
Section 5705.196 of the Revised Code shall govern the matters
concerning the election. The submission of a question to the
electors under this section is subject to the limitation on the
number of election dates established by section 5705.214 of the
Revised Code.
(D) The form of the ballot to be used at the election
provided for in this section shall be as follows:
"Shall the existing levy of . . . (insert the voted millage
rate of the levy to be repealed), currently being charged against
residential and agricultural property by the . . . (insert the
name of school district) at a rate of . . . (insert the
residential/agricultural real property effective tax rate of the
levy being repealed) for the purpose of . . . (insert the purpose
of the existing levy) be repealed, and shall a levy be imposed by
the . . . (insert the name of school district) in excess of the
ten-mill limitation for the necessary requirements of the school
district in the sum of . . . (insert the annual amount the levy is
to produce), estimated by the tax commissioner to require . . .
(insert the number of mills) mills for each one dollar of
valuation, which amounts to . . . (insert the rate expressed in
dollars and cents) for each one hundred dollars of valuation for
the initial year of the tax, for a period of . . . (insert the
number of years the levy is to be imposed, or that it will be
levied for a continuing period of time), commencing in . . .
(insert the first year the tax is to be levied), first due in
calendar year . . . (insert the first calendar year in which the
tax shall be due)?
|
|
FOR THE REPEAL AND TAX |
|
|
|
AGAINST THE REPEAL AND TAX |
" |
If the question submitted is a proposal to repeal all or a
portion of more than one existing levy, the form of the ballot
shall be modified by substituting the statement "shall the
existing levy of" with "shall existing levies of" and inserting
the aggregate voted and aggregate effective tax rates to be
repealed.
(E) If a majority of the electors voting on the question
submitted in an election vote in favor of the repeal and levy, the
board of education may make the levy necessary to raise the amount
specified in the resolution for the purpose stated in the
resolution. The levy shall be included in the next tax budget that
is certified to the county budget commission.
(F) A levy imposed under this section for a continuing period
of time may be decreased pursuant to section 5705.261 of the
Revised Code. If all or part of such a levy imposed under this
section is decreased, the amount calculated under division (B)(4)
of this section and paid under section 5705.2110 of the Revised
Code shall be decreased by the same proportion as the levy is
decreased.
(G) The board of education, by a vote of two-thirds of all of
its members, may adopt a resolution to renew a tax levied under
this section. The resolution shall provide for levying the tax and
specifically all of the following:
(1) That the tax shall be called, and designated on the
ballot as, a renewal levy;
(2) The amount of the renewal tax, which shall be no more
than the amount of tax previously collected;
(3) The number of years, not to exceed ten, that the renewal
tax will be levied, or that it will be levied for a continuing
period of time;
(4) That the purpose of the renewal tax is for current
expenses.
(H) The form of the ballot to be used at the election on the
question of renewing a levy under this section shall be as
follows:
"Shall a tax levy renewing an existing levy of . . . (insert
the annual dollar amount the levy is to produce each year),
estimated to require . . . (insert the number of mills) mills for
each one dollar of valuation be imposed by the . . . (insert the
name of school district) for the purpose of current expenses for a
period of . . . (insert the number of years the levy is to be
imposed, or that it will be levied for a continuing period of
time), commencing in . . . (insert the first year the tax is to be
levied), first due in calendar year . . . (insert the first
calendar year in which the tax shall be due)?
|
|
FOR THE RENEWAL OF THE TAX LEVY |
|
|
|
AGAINST THE RENEWAL OF THE TAX LEVY |
" |
If the levy submitted is to be for less than the amount of
money previously collected, the form of the ballot shall be
modified to add "and reducing" after "renewing" and to add before
"estimated to require" the statement "be approved at a tax rate
necessary to produce . . . (insert the lower annual dollar amount
the levy is to produce each year)."
Sec. 5705.2110. (A) For purposes of this section:
(1) "Carryover property" has the same meaning as in section
319.301 of the Revised Code.
(2) "Residential/agricultural real property" has the same
meaning as in section 5705.219 of the Revised Code.
(B) For each city, local, or exempted village school district
in which the tax authorized by section 5705.219 of the Revised
Code has been approved by electors in the preceding year, the tax
commissioner, not later than the twenty-eighth day of February,
shall certify to the department of education the amount determined
in division (B)(4) of section 5705.219 of the Revised Code. Not
later than the twenty-eighth day of February of each year
thereafter, the commissioner shall certify an amount equal to the
difference between the amount certified in the preceding year
under this division and the product of ten mills per dollar
multiplied by the excess, if any, of the value of carryover
property for residential/agricultural real property for the
preceding tax year over the value of carryover property for
residential/agricultural real property in the second preceding tax
year. The commissioner shall make the certifications required by
this section until the year after the first year in which the
amount certified is zero or until 2026, whichever occurs first. If
the amount to be certified in any year is zero, in the
commissioner's certification the commissioner shall state that no
further certifications shall be forthcoming.
(C) Not later than the last day of April and of October
beginning in the first year in which a certification under
division (B) of this section is received, the department of
education shall pay to the school district for which the
certification is made one-half of the amount most recently
certified by the tax commissioner.
Sec. 5705.29. This section does not apply to a subdivision or
taxing unit for which the county budget commission has waived the
requirement to adopt a tax budget pursuant to section 5705.281 of
the Revised Code. The tax budget shall present the following
information in such detail as is prescribed by the auditor of
state:
(A)(1) A statement of the necessary current operating
expenses for the ensuing fiscal year for each department and
division of the subdivision, classified as to personal services
and other expenses, and the fund from which such expenditures are
to be made. Except in the case of a school district, this
estimate
may include a contingent expense not designated for any
particular
purpose, and not to exceed three per cent of the total
amount of
appropriations for current expenses. In the case of a
school
district, this estimate may include a contingent expense
not
designated for any particular purpose and not to exceed
thirteen
per cent of the total amount of appropriations for
current
expenses.
(2) A statement of the expenditures for the ensuing fiscal
year necessary for permanent improvements, exclusive of any
expense to be paid from bond issues, classified as to the
improvements contemplated by the subdivision and the fund from
which such expenditures are to be made;
(3) The amounts required for the payment of final
judgments;
(4) A statement of expenditures for the ensuing fiscal
year
necessary for any purpose for which a special levy is
authorized,
and the fund from which such expenditures are to be
made;
(5) Comparative statements, so far as possible, in
parallel
columns of corresponding items of expenditures for the
current
fiscal year and the two preceding fiscal years.
(B)(1) An estimate of receipts from other sources than the
general property tax during the ensuing fiscal year, which shall
include an estimate of unencumbered balances at the end of the
current fiscal year, and the funds to which such estimated
receipts are credited;
(2) The amount each fund requires from the general
property
tax, which shall be the difference between the
contemplated
expenditure from the fund and the estimated
receipts, as provided
in this section. The section of the
Revised Code under which the
tax is authorized shall be set
forth.
(3) Comparative statements, so far as possible, in
parallel
columns of taxes and other revenues for the current
fiscal year
and the two preceding fiscal years.
(C)(1) The amount required for debt charges;
(2) The estimated receipts from sources other than the tax
levy for payment of such debt charges, including the proceeds of
refunding bonds to be issued to refund bonds maturing in the next
succeeding fiscal year;
(3) The net amount for which a tax levy shall be made,
classified as to bonds authorized and issued prior to January 1,
1922, and those authorized and issued subsequent to such date,
and
as to what portion of the levy will be within and what in
excess
of the ten-mill limitation.
(D) An estimate of amounts from taxes authorized to be
levied
in excess of the ten-mill limitation on the tax rate, and
the fund
to which such amounts will be credited, together with
the
sections
of the Revised Code under which each such tax is
exempted
from all
limitations on the tax rate.
(E)(1) A board of education may include in its budget for
the
fiscal year in which a levy proposed under section 5705.194,
5705.199,
5705.21, or 5705.213, or 5705.219, or the original levy
under section
5705.212
of the Revised Code is first extended on
the tax list and
duplicate an estimate of expenditures to be known
as a voluntary
contingency reserve balance, which shall not be
greater than
twenty-five per cent of the total amount of the levy
estimated to
be available for appropriation in such year.
(2) A board of education may include in its budget for the
fiscal year following the year in which a levy proposed under
section 5705.194, 5705.199, 5705.21, or 5705.213, or 5705.219, or
the original
levy
under
section 5705.212 of the Revised Code is
first extended
on
the tax
list and duplicate an estimate of
expenditures to be
known as a
voluntary contingency reserve
balance, which shall not
be greater
than twenty per cent of the
amount of the levy
estimated to be
available for appropriation in
such year.
(3) Except as provided in division (E)(4) of this section,
the full amount of any reserve balance the board includes in its
budget shall be retained by the county auditor and county
treasurer out of the first semiannual settlement of taxes until
the beginning of the next succeeding fiscal year, and thereupon,
with the depository interest apportioned thereto, it shall be
turned over to the board of education, to be used for the
purposes
of such fiscal year.
(4) A board of education, by a two-thirds vote of all
members
of the board, may appropriate any amount withheld as a
voluntary
contingency reserve balance during the fiscal year for
any lawful
purpose, provided that prior to such appropriation the
board of
education has authorized the expenditure of all amounts
appropriated for contingencies under section 5705.40 of the
Revised Code. Upon request by the board of education, the county
auditor shall draw a warrant on the district's account in the
county treasury payable to the district in the amount requested.
(F)(1) A board of education may include a spending reserve
in
its budget for fiscal years ending on or before
June 30, 2002.
The
spending reserve shall consist of an estimate
of expenditures
not
to exceed the district's spending reserve
balance. A
district's
spending reserve balance is the amount by
which the
designated
percentage of the district's
estimated personal
property taxes to
be settled during the calendar year in which
the
fiscal year ends
exceeds the estimated amount of personal
property
taxes to be so
settled and received by the district
during that
fiscal year.
Moneys from a spending reserve shall be
appropriated
in accordance
with section 133.301 of the Revised
Code.
(2) For the purposes of computing a school district's
spending
reserve balance for a fiscal year, the designated
percentage shall be as
follows:
| Fiscal year ending in: |
Designated percentage |
| 1998 |
50% |
| 1999 |
40% |
| 2000 |
30% |
| 2001 |
20% |
| 2002 |
10% |
(G) Except as otherwise provided in this division, the
county
budget
commission shall not reduce the taxing authority of
a
subdivision as a
result of the creation of a reserve balance
account. Except as
otherwise provided in this division, the
county
budget commission shall not
consider the amount in a
reserve
balance account of a township, county, or
municipal
corporation as
an
unencumbered balance or as revenue for the
purposes of division
(E)(3) or (4) of section 5747.51 of the Revised Code. The county
budget commission
may
require documentation of the reasonableness
of the reserve
balance held in any
reserve balance account. The
commission shall
consider any amount in a
reserve balance account
that it
determines to be unreasonable as unencumbered
and as
revenue for
the purposes of section 5747.51 of the
Revised Code
and may take such amounts into consideration
when
determining
whether to reduce the taxing authority of a
subdivision.
Sec. 5705.341. Any person required to pay taxes on real,
public utility, or tangible personal property in any taxing
district or other political subdivision of this state may appeal
to the board of tax appeals from the action of the county budget
commission of any county which relates to the fixing of uniform
rates of taxation and the rate necessary to be levied by each
taxing authority within its subdivision or taxing unit and which
action has been certified by the county budget commission to the
taxing authority of any political subdivision or other taxing
district within the county.
Such appeal shall be in writing and shall
set forth
the tax
rate complained of and the reason that such a
tax
rate is
not
necessary to produce the revenue needed by the
taxing
district
or
political subdivision for the ensuing fiscal
year as
those
needs
are set out in the tax budget of
said taxing
unit
or, if adoption
of a tax budget was waived under section
5705.281 of the Revised
Code, as set out in such
other information
the district or
subdivision was required to provide under that
section, or
that
the action of the budget commission
appealed
from
does not
otherwise comply with sections 5705.01 to
5705.47 of
the
Revised
Code. The notice of appeal shall be filed
with the
board
of tax
appeals, and a true copy thereof shall be
filed with
the
tax
commissioner, the county auditor, and with the
fiscal
officer
of
each taxing district or political subdivision
authorized to
levy
the tax complained of, and such notice of
appeal and copies
thereof must be filed within thirty days after
the budget
commission has certified its action as provided by
section
5705.34
of the Revised Code. Such notice of appeal and
the
copies thereof
may be filed either in person or by certified
mail. If filed by
certified mail, the date of the United States
postmark placed on
the sender's receipt by the postal employee to
whom the notice of
appeal is presented shall be treated as the
date of filing.
Prior to filing the appeal provided by this section, the
appellant shall deposit with the county auditor of the county or,
in the event the appeal concerns joint taxing districts in two or
more counties, with the county auditor of the county with the
greatest valuation of taxable property the sum of five hundred
dollars to cover the costs of the proceeding. The county auditor
shall forthwith issue
a pay-in order and pay such money into
the
county treasury to the credit of the general fund. The
appellant
shall produce the receipt of the county treasurer for
such deposit
and shall file such receipt with the notice of
appeal.
The board of tax appeals shall forthwith consider the
matter
presented on appeal from the action of the county budget
commission and may modify any action of the commission with
reference to the fixing of tax rates, to the end that no tax rate
shall be levied above that necessary to produce the revenue
needed
by the taxing district or political
subdivision
for the
ensuing
fiscal year and to the
end that the
action of the budget
commission appealed from shall
otherwise be
in conformity with
sections 5705.01 to 5705.47 of the
Revised
Code. The findings of
the board of tax appeals shall be
substituted for the findings of
the budget commission and shall
be
certified sent to the county
auditor
and the taxing authority of
the
taxing district or
political
subdivision affected as the
action of
such budget
commission under
sections 5705.01 to
5705.47 of the
Revised Code
and to the tax
commissioner.
The board of tax appeals shall promptly prepare a cost bill
listing the expenses incurred by the board in conducting any
hearing on the appeal and certify the cost bill to the county
auditor of the county receiving the deposit for costs, who shall
forthwith draw
a warrant on the general fund of the county in
favor of the person or persons named in the bill of costs
certified by the board of tax appeals.
In the event the appellant prevails, the board of tax
appeals
promptly shall direct the county auditor to refund the
deposit to
the appellant and the costs shall be taxed to the
taxing district
or political subdivision involved in the appeal.
The county
auditor shall withhold from any funds then or
thereafter in
the
auditor's
possession belonging to the taxing district or
political
subdivision named in the order of the board of tax
appeals and
shall reimburse the general fund of the county.
If the appellant fails, the costs shall be deducted from
the
deposit provided for in this section and any balance which
remains
shall be refunded promptly to the appellant by warrant of
the
county auditor drawn on the general fund of the county.
Nothing in this section or any section of the Revised Code
shall permit or require the levying of any rate of taxation,
whether within the ten-mill limitation or whether the levy has
been approved by the electors of the taxing district, the
political subdivision, or the charter of a municipal corporation
in
excess of such ten-mill limitation, unless such rate of
taxation
for the ensuing fiscal year is clearly required by a
budget of the
taxing district or political
subdivision properly
and lawfully
adopted
under this chapter, or by other information
that must be provided
under section 5705.281 of the Revised Code
if a tax budget was
waived.
In the event more than one appeal is filed involving the
same
taxing district or political subdivision, all such appeals
may be
consolidated by the board of tax appeals and heard at the
same
time.
Nothing herein contained shall be construed to bar or
prohibit the tax commissioner from initiating an investigation or
hearing on
the commissioner's own motion.
The tax commissioner shall adopt and issue such orders,
rules, and instructions, not inconsistent with law, as
the
commissioner deems
necessary, as to the exercise of the powers and
the discharge of
the duties of any particular county budget
commission, county
auditor, or other officer which relate to the
budget, the
assessment of property, or the levy and collection of
taxes. The
commissioner shall cause the orders and instructions
issued by
the commissioner
to be obeyed.
Sec. 5705.37. The taxing authority of any subdivision, or
the board of trustees of any public library, nonprofit
corporation, or library association maintaining a free public
library that has adopted and certified rules under section 5705.28
of the Revised Code, that
is dissatisfied with any action of the
county budget commission
may, through its fiscal officer, appeal
to the board of tax
appeals within thirty days after the receipt
by the subdivision
of the official certificate or notice of the
commission's action.
In like manner, but through its clerk, any
park
district may appeal to the board of tax appeals.
An appeal
under
this section shall be taken by the filing of a
notice of
appeal,
either in person or by certified mail, express
mail, or
authorized delivery
service as provided in section
5703.056 of
the Revised Code, with the board
and with
the
commission. If
notice of appeal is filed by certified mail,
express mail, or
authorized delivery service, date of the United
States postmark
placed on the sender's
receipt by the postal
service or the date
of receipt recorded by the
authorized
delivery
service shall be
treated as the date of filing. Upon receipt
of
the notice of
appeal, the commission, by certified mail, shall
notify all
persons who were parties to the proceeding before the
commission
of the filing of the notice of appeal and shall file
proof of
notice with the board of tax appeals. The secretary of
the
commission shall forthwith certify to the board a transcript
of
the full and accurate record of all proceedings before the
commission, together with all evidence presented in the
proceedings or considered by the commission, pertaining to the
action from which the appeal is taken. The secretary of the
commission also shall certify to the board any additional
information that the board may request.
The board of tax appeals, in a de novo proceeding, shall
forthwith consider the matter presented to the commission, and
may
modify any action of the commission with reference to the
budget,
the estimate of revenues and balances, the allocation of
the
public
library fund, or the fixing of
tax
rates. The finding of
the board of tax appeals shall be
substituted for the findings of
the commission, and shall be
certified sent to the tax
commissioner,
the county auditor, and the
taxing authority of the
subdivision
affected, or to the board of
public library trustees
affected, as
the action of the commission
under sections 5705.01
to 5705.47 of
the Revised Code.
This section does not give the board of tax appeals any
authority to place any tax levy authorized by law within the
ten-mill limitation outside of that limitation, or to reduce any
levy below any minimum fixed by law.
Sec. 5711.33. (A)(1) When a county treasurer receives a
certificate from a county auditor pursuant to division (A) of
section 5711.32 of the Revised Code charging the treasurer
with
the collection of an amount of taxes due as the result of a
deficiency assessment, the treasurer shall immediately
prepare and
mail a tax bill to the taxpayer owing such tax. The tax bill
shall
contain the name of the taxpayer; the taxable value, tax rate,
and
taxes charged for each year being assessed; the total amount
of
taxes due; the final date payment may be made without
additional
penalty; and any other information the treasurer
considers
pertinent or necessary. Taxes due and payable as a
result of a
deficiency assessment, less any amount specifically
excepted from
collection under division (B) of section 5711.32 of
the Revised
Code, shall be paid with interest thereon as
prescribed by section
5719.041 of the Revised Code on or before
the sixtieth day
following the date of issuance of the
certificate by the county
auditor. The balance of taxes found
due and payable after a final
determination by the tax
commissioner or a final judgment of the
board of tax appeals or
any court to which such final judgment may
be appealed shall be
paid with interest thereon as prescribed by
section 5719.041 of
the Revised Code on or before the sixtieth day
following the date
of certification by the auditor to the
treasurer pursuant to
division (C) of section 5711.32 of the
Revised Code of such final
determination or judgment. Such final
dates for payment shall be
determined and exhibited on the tax
bill by the treasurer.
(2) If, on or before the sixtieth day following the date of
a
certification of a deficiency assessment under division (A) of
section 5711.32 of the Revised Code or of a certification of a
final determination or judgment under division (C) of section
5711.32 of the Revised Code, the taxpayer pays the full amount of
taxes and interest due at the time of the receipt of
certification
with respect to that assessment, determination, or
judgment, no
interest shall accrue or be charged with respect to
that
assessment, determination, or judgment for the period that
begins
on the first day of the month in which the certification
is made
and that ends on the last day of the month preceding the
month in
which such sixtieth day occurs.
(B) When the taxes charged, as mentioned in division (A)
of
this section, are not paid within the time prescribed by such
division, a penalty of ten per cent of the amount due and unpaid
and interest for the period described in division (A)(2) of this
section shall accrue at the time the treasurer closes the
treasurer's office for business on the last day so prescribed, but
if the
taxes are paid within ten days subsequent to the last day
prescribed, the
treasurer shall waive the collection of and the
auditor shall
remit one-half of the penalty. The treasurer shall
not
thereafter accept less than the full amount of taxes and
penalty
except as otherwise authorized by law. Such penalty shall
be
distributed in the same manner and at the same time as the tax
upon which it has accrued. The whole amount collected shall be
included in the next succeeding settlement of appropriate taxes.
(C) When the taxes charged, as mentioned in division (A)
of
this section, remain unpaid after the final date for payment
prescribed by such division, such charges shall be deemed to be
delinquent taxes. The county auditor shall cause such charges,
including the penalty that has accrued pursuant to this
section,
to be added to the delinquent tax duplicate in accordance with
section 5719.04 of the Revised Code.
(D) The county auditor, upon consultation with the county
treasurer, shall remit a penalty imposed under division (B) of
this section or division (C)(D) of section 5719.03 of the Revised
Code for the late payment of taxes when:
(1) The taxpayer could not make timely payment of the tax
because of the negligence or error of the county auditor or county
treasurer in
the performance of a statutory duty relating to the
levy or
collection of such tax.
(2) In cases other than those described in division (D)(1)
of
this section, the taxpayer failed to receive a tax bill or a
correct tax bill, and the taxpayer made a good faith effort to
obtain such bill within thirty days after the last day for
payment
of the tax.
(3) The tax was not timely paid because of the death or
serious injury of the taxpayer, or the taxpayer's
confinement in a
hospital
within sixty days preceding the last day for payment
of
the tax
if, in any case, the tax was subsequently paid within
sixty days
after the last day for payment of such tax.
(4) The taxpayer demonstrates that the full payment was
properly deposited in the mail
in sufficient time for the envelope
to be postmarked by the
United States postal service on or before
the last
day for payment of such tax.
A private meter postmark on
an envelope is not a valid postmark for
purposes of establishing
the date of payment of such tax.
(5) In cases other than those described in divisions (D)(1)
to (4) of this section, the taxpayer's failure to make timely
payment of the tax is due to reasonable cause and not willful
neglect.
(E) The taxpayer, upon application within sixty days after
the mailing of the county auditor's decision, may request the tax
commissioner to review the denial of the remission of a penalty
by
the county auditor. The application may be filed in person or by
certified mail. If the application is filed by certified mail, the
date of the United States postmark placed on the sender's receipt
by the postal service shall be treated as the date of filing. The
commissioner shall consider the application,
determine whether the
penalty should be remitted, and certify
the
determination to the
taxpayer and to the county treasurer and county auditor,
who shall
correct the tax list and duplicate accordingly. The
commissioner
may issue orders and instructions for the uniform
implementation
of this section by all county auditors and county treasurers,
and
such orders and instructions shall be followed by such
officers.
Sec. 5715.251. The county auditor may appeal to the board
of
tax appeals any determination of change in the abstract of
real
property of a taxing district in his the auditor's county
that is
made by
the tax commissioner under section 5715.24 of the Revised
Code.
The appeal shall be taken within thirty days after receipt
of the
statement by the county auditor of the commissioner's
determination by the filing by the county auditor of a notice of
appeal with the board and the commissioner. Such notice of
appeal
shall set forth the determination of the commissioner
appealed
from and the errors therein complained of. Proof of the
filing of
such notice with the commissioner shall be filed with
the board.
The board shall have exclusive jurisdiction of the
appeal.
In all such appeals the commissioner shall be made
appellee.
Unless waived, notice of the appeal shall be served
upon the
commissioner by certified mail. The prosecuting
attorney shall
represent the county auditor in such an appeal.
The commissioner, upon written demand filed by the county
auditor, shall within thirty days after the filing of such demand
file with the board a certified transcript of the record of the
commissioner's proceedings pertaining to the determination
complained of and the evidence he the commissioner considered in
making such determination.
If upon hearing and consideration of such record and
evidence
the board decides that the determination appealed from
is
reasonable and lawful, it shall affirm the same, but if the
board
decides that such determination is unreasonable or
unlawful, the
board shall reverse and vacate the determination or
modify it and
enter final order in accordance with such
modification.
The secretary of the board shall certify send the order of
the
board to the county auditor and to the commissioner, and they
shall take such action in connection therewith as is required to
give effect to the order of the board.
Sec. 5715.26. (A)(1) Upon receiving the statement
required
by section 5715.25 of the Revised Code, the county
auditor shall
forthwith add to or deduct from each tract, lot, or
parcel of real
property or class of real property the required
percentage or
amount of the valuation thereof, adding or
deducting any sum less
than five dollars so that the value of any
separate tract, lot, or
parcel of real property shall be ten
dollars or some multiple
thereof.
(2) When he has made After making the additions or deductions
required by this section, the auditor shall transmit to the tax
commissioner the appropriate adjusted abstract of the real
property of each taxing district in his the auditor's county in
which an adjustment was required.
(3) If the commissioner increases or decreases the
aggregate
value of the real property or any class thereof in any
county or
taxing district thereof and does not receive within
ninety days
thereafter an adjusted abstract conforming to its
statement for
such county or taxing district therein, he the
commissioner shall
withhold from such county or taxing district therein
fifty per
cent of its share in the distribution of state revenues to local
governments pursuant to sections 5747.50 to 5747.55 of the
Revised
Code and shall direct the department of education to
withhold
therefrom fifty per cent of state revenues to school
districts
pursuant to Chapter Chapters 3306. and 3317. of the Revised Code.
The
commissioner shall withhold the distribution of such funds
until
such county auditor has complied with this division, and the
department shall withhold the distribution of such funds until
the
commissioner has notified the department that such county
auditor
has complied with this division.
(B)(1) If the commissioner's determination is appealed
under
section 5715.251 of the Revised Code, the county auditor,
treasurer, and all other officers shall forthwith proceed with
the
levy and collection of the current year's taxes in the manner
prescribed by law. The taxes shall be determined and collected
as
if the commissioner had determined under section 5715.24 of
the
Revised Code that the real property and the various classes
thereof in the county as shown in the auditor's abstract were
assessed for taxation and the true and agricultural use values
were recorded on the agricultural land tax list as required by
law.
(2) If as a result of the appeal to the board it is
finally
determined either that all real property and the various
classes
thereof have not been assessed as required by law or that
the
values set forth in the agricultural land tax list do not
correctly reflect the true and agricultural use values of the
lands contained therein, the county auditor shall forthwith add
to
or deduct from each tract, lot, or parcel of real property or
class of real property the required percentage or amount of the
valuation in accordance with the order of the board or judgment
of
the court to which the board's order was appealed, and the
taxes
on each tract, lot, or parcel and the percentages required
by
section 319.301 of the Revised Code shall be recomputed using
the
valuation as finally determined. The order or judgment
making the
final determination shall prescribe the time and
manner for
collecting, crediting, or refunding the resultant
increases or
decreases in taxes.
Sec. 5717.03. (A) A decision of the board of tax appeals on
an
appeal filed with it pursuant to section 5717.01, 5717.011, or
5717.02 of
the Revised Code shall be entered of record on the
journal
together with the date when the order is filed with the
secretary
for journalization.
(B) In case of an appeal from a decision of a county board of
revision, the board of tax appeals shall determine the taxable
value of the property whose valuation or assessment by the county
board of revision is complained of, or in the event the complaint
and appeal is against a discriminatory valuation, shall determine
a valuation which shall correct such discrimination, and shall
determine the liability of the property for taxation, if that
question is in issue, and the board of tax appeals's appeals'
decision and the date when it was
filed with the secretary for
journalization shall be certified sent by
the board by certified
mail to all persons who were parties to the
appeal before the
board, to the person in whose name the property is
listed, or
sought to be listed, if such person is not a party to
the appeal,
to the county auditor of the county in which the
property involved
in the appeal is located, and to the tax
commissioner.
In correcting a discriminatory valuation, the board of tax
appeals shall increase or decrease the value of the property
whose
valuation or assessment by the county board of revision is
complained of by a per cent or amount which will cause such
property to be listed and valued for taxation by an equal and
uniform rule.
(C) In the case of an appeal from a review, redetermination,
or
correction of a tax assessment, valuation, determination,
finding, computation, or order of the tax commissioner, the order
of the board of tax appeals and the date of the entry thereof
upon
its journal shall be certified sent by the board by certified mail
to
all persons who were parties to the appeal before the board,
the person
in whose name the property is listed or sought to be
listed, if
the decision determines the valuation or liability of
property
for taxation and if such person is not a party to the
appeal, the
taxpayer or other person to whom notice of the tax
assessment,
valuation, determination, finding, computation, or
order, or
correction or redetermination thereof, by the tax
commissioner
was by law required to be given, the director of
budget and
management, if the revenues affected by such decision
would
accrue primarily to the state treasury, and the county
auditors
of the counties to the undivided general tax funds of
which the
revenues affected by such decision would primarily
accrue.
(D) In the case of an appeal from a municipal board of appeal
created under section 718.11 of the Revised Code, the order of the
board of tax appeals and the date of the entry thereof upon the
board's journal shall be certified sent by the board by certified
mail to all persons who were parties to the appeal before the
board.
(E) In the case of all other appeals or applications filed
with
and determined by the board, the board's order and the date
when the order was
filed by the secretary for journalization shall
be certified sent by
the board by certified mail to the person who
is a party to such appeal
or application, to such persons as the
law requires, and to such other
persons as the board deems proper.
(F) The orders of the board may affirm, reverse, vacate,
modify, or remand the tax assessments, valuations,
determinations,
findings, computations, or orders complained of
in the appeals
determined by the board, and the board's decision shall become
final and conclusive for the current year unless reversed,
vacated, or modified as provided in section 5717.04 of the
Revised
Code. When an order of the board becomes final the tax
commissioner and all officers to whom such decision has been
certified sent shall make the changes in their tax lists or other
records which the decision requires.
(G) If the board finds that issues not raised on the appeal
are
important to a determination of a controversy, the board may
remand the
cause for an administrative determination and the
issuance of a
new tax assessment, valuation, determination,
finding,
computation, or order, unless the parties stipulate to
the
determination of such other issues without remand. An order
remanding the cause is a final order. If the order relates to any
issue other than a municipal income tax matter appealed under
sections 718.11 and 5717.011 of the Revised Code, the order may be
appealed to
the court of appeals in Franklin county. If the order
relates to a municipal income tax matter appealed under sections
718.11 and 5717.011 of the Revised Code, the order may be appealed
to the court of appeals for the county in which the municipal
corporation in which the dispute arose is primarily situated.
Sec. 5717.04. The proceeding to obtain a reversal,
vacation,
or modification of a decision of the board of tax
appeals shall be
by appeal to the supreme court or the court of
appeals for the
county in which the property taxed is situate or
in which the
taxpayer resides. If the taxpayer is a corporation,
then the
proceeding to obtain such reversal, vacation, or
modification
shall be by appeal to the supreme court or to the
court of appeals
for the county in which the property taxed is
situate, or the
county of residence of the agent for service of
process, tax
notices, or demands, or the county in which the
corporation has
its principal place of business. In all other
instances, the
proceeding to obtain such reversal, vacation, or
modification
shall be by appeal to the court of appeals for
Franklin county.
Appeals from decisions of the board determining appeals
from
decisions of county boards of revision may be instituted by
any of
the persons who were parties to the appeal before the
board of tax
appeals, by the person in whose name the property
involved in the
appeal is listed or sought to be listed, if such
person was not a
party to the appeal before the board of tax
appeals, or by the
county auditor of the county in which the
property involved in the
appeal is located.
Appeals from decisions of the board of tax appeals
determining appeals from final determinations by the tax
commissioner of any preliminary, amended, or final tax
assessments, reassessments, valuations, determinations, findings,
computations, or orders made by the commissioner may be
instituted
by any of the persons who were parties to the appeal
or
application before the board, by the person in whose name the
property is listed or sought to be listed, if the decision
appealed from determines the valuation or liability of property
for taxation and if any such person was not a party to the appeal
or application before the board, by the taxpayer or any other
person to whom the decision of the board appealed from was by law
required to be certified sent, by the director of budget and
management, if the revenue affected by the decision of the board
appealed from would accrue primarily to the state treasury, by
the
county auditor of the county to the undivided general tax
funds of
which the revenues affected by the decision of the board
appealed
from would primarily accrue, or by the tax commissioner.
Appeals from decisions of the board upon all other appeals
or
applications filed with and determined by the board may be
instituted by any of the persons who were parties to such appeal
or application before the board, by any persons to whom the
decision of the board appealed from was by law required to be
certified sent, or by any other person to whom the board certified
sent the
decision appealed from, as authorized by section 5717.03
of the
Revised Code.
Such appeals shall be taken within thirty days after the
date
of the entry of the decision of the board on the journal of
its
proceedings, as provided by such section, by the filing by
appellant of a notice of appeal with the court to which the
appeal
is taken and the board. If a timely notice of appeal is
filed by a
party, any other party may file a notice of appeal
within ten days
of the date on which the first notice of appeal
was filed or
within the time otherwise prescribed in this
section, whichever is
later. A notice of appeal shall set forth
the decision of the
board appealed from and the errors therein
complained of. Proof of
the filing of such notice with the board
shall be filed with the
court to which the appeal is being taken.
The court in which
notice of appeal is first filed shall have
exclusive jurisdiction
of the appeal.
In all such appeals the tax commissioner or all persons to
whom the decision of the board appealed from is required by such
section to be certified sent, other than the appellant, shall be
made
appellees. Unless waived, notice of the appeal shall be
served
upon all appellees by certified mail. The prosecuting
attorney
shall represent the county auditor in any such appeal in
which
the auditor is a party.
The board, upon written demand filed by an appellant, shall
within thirty days after the filing of such demand file with the
court to which the appeal is being taken a certified transcript
of
the record of the proceedings of the board pertaining to the
decision complained of and the evidence considered by the board
in
making such decision.
If upon hearing and consideration of such record and
evidence
the court decides that the decision of the board
appealed from is
reasonable and lawful it shall affirm the same,
but if the court
decides that such decision of the board is
unreasonable or
unlawful, the court shall reverse and vacate the
decision or
modify it and enter final judgment in accordance with
such
modification.
The clerk of the court shall certify the judgment of the
court to the board, which shall certify such judgment to such
public officials or take such other action in connection
therewith
as is required to give effect to the decision. The
"taxpayer"
includes any person required to return any property
for taxation.
Any party to the appeal shall have the right to appeal from
the judgment of the court of appeals on questions of law, as in
other cases.
Sec. 5725.18. (A) An annual franchise tax on the privilege
of
being an insurance company is hereby levied on each domestic
insurance company. In the month of May, annually, the treasurer
of
state shall charge for collection from each domestic insurance
company a franchise tax in the amount computed in accordance with
the following, as applicable:
(1) With respect to a domestic insurance company
that is a
health insuring
corporation,
one per cent of
all premium rate
payments received, exclusive of payments received
under the
medicare program established under
Title
XVIII of the
"Social
Security
Act," 49
Stat. 620 (1935), 42
U.S.C.A.
301, as amended,
or pursuant to the medical assistance program
established under
Chapter 5111.
of the Revised
Code, as
reflected in its annual
report for the preceding calendar year;
(2) With respect to a domestic
insurance company that is not
a health insuring corporation,
one and four-tenths per cent of the
gross amount of premiums received from
policies covering risks
within this state,
exclusive of premiums received under the
medicare
program established under
Title
XVIII of the
"Social
Security
Act," 49
Stat. 620 (1935), 42
U.S.C.A.
301, as amended,
or pursuant to the medical
assistance program established under
Chapter 5111. of the
Revised
Code,
as reflected in its annual
statement for the preceding calendar year, and, if the company
operates a
health insuring corporation as a line of business, one
per cent
of all premium rate payments received from that line of
business, exclusive of
payments
received under the medicare
program established under
Title XVIII of the "Social Security
Act," 49 Stat. 620 (1935), 42
U.S.C.A.
301, as amended, or
pursuant to the medical assistance program
established under
Chapter 5111.
of the Revised Code, as reflected in its
annual
statement for the preceding calendar year.
(B) The gross amount
of premium rate payments or premiums
used to compute the applicable tax
in accordance with division (A)
of this section is subject to
the deductions prescribed by section
5729.03 of the Revised Code for foreign insurance companies. The
objects of such tax are those declared in section 5725.24 of the
Revised Code, to which only such tax shall be applied.
(C) In no case shall such tax be less than
two hundred fifty
dollars.
Sec. 5725.25. (A) The real estate of a domestic insurance
company shall be taxed in the place where it is located, the same
as the real estate of other persons is taxed, but the tax
provided
for by sections 5725.01 to 5725.26 of the Revised Code,
shall be
in lieu of all other taxes on the other property and
assets of
such domestic insurance company, except as provided in
division
(B) of this section, and of all other taxes, charges,
and excises
on such domestic insurance companies except taxes on transactions
that are sales by a
medicaid health insuring corporation under
division (B)(11) of
section 5739.01 of the Revised Code, and all
other
taxes on the
stockholders, members, or policyholders of such
company by reason
of their stock or other interest in such
insurance company, except
as to annuities or the right to receive
the proceeds of a policy
payable after its maturity in
installments, or left with the
company at interest. Sections
5725.01 to 5725.26 of the Revised
Code do not assess any tax on
any foreign insurance company or
affect any tax on a foreign
insurance company under any laws of
this state.
(B) Tangible personal property taxable under Chapter 5711.
of
the Revised Code shall be subject to taxation if it is owned
by
a
domestic insurance company and leased or held for the
purpose of
leasing to a person other than an insurance company
for use in
business.
(C) For reports required to be filed under section 5725.14
of
the Revised Code in 2003 and thereafter, nothing in this
section
shall be construed to exempt the property of any
dealer in
intangibles under section 5725.13 of the Revised Code from the
tax
imposed under section 5707.03
of the Revised Code.
Sec. 5725.33. (A) Except as otherwise provided in this
section, terms used in this section have the same meaning as
section 45D of the Internal Revenue Code.
(1) "Adjusted purchase price" means the amount paid for
qualified equity investments multiplied by the qualified
low-income community investments held by the issuer in this state
as a percentage of the total amount of qualified low-income
community investments held by the issuer in all states on the
credit allowance date during the applicable tax year, subject to
divisions (B)(1) and (2) of this section.
(2) "Applicable percentage" means zero per cent for each of
the first two credit allowance dates, seven per cent for the third
credit allowance date, and eight per cent for the four following
credit allowance dates.
(3) "Credit allowance date" means the date, on or after
January 1, 2010, a qualified equity
investment is made and each
of the six anniversary dates
thereafter. For qualified equity
investments made after the effective date of this section but
before January 1, 2010, the initial credit allowance date is
January 1, 2010, and each of the six anniversary dates thereafter
is on the first day of January of each year.
(4) "Long-term debt security" means any debt instrument
issued by a qualified community development entity, at par value
or a premium, with an original maturity date at least seven years
after the date of its issuance. The debt instrument shall not
provide for acceleration of repayment, amortization, or prepayment
features prior to its original maturity date, or for distribution,
payment, or interest features related to profitability of the
qualified community development entity or the performance of the
qualified community development entity's investment portfolio,
except for provisions permitting the instrument's holder to
accelerate payments on the instrument if the issuer defaults on
covenants designed to ensure compliance with this section or
section 45D of the Internal Revenue Code.
(5) "Qualified active low-income community business" excludes
any business that derives or projects to derive fifteen per cent
or more of annual revenue from the rental or sale of real
property.
(6) "Qualified community development entity" includes only
entities that have entered into an allocation agreement with the
community development financial institutions fund of the United
States department of the treasury with respect to credits
authorized by section 45D of the Internal Revenue Code and whose
service area includes this state.
(7) "Qualified equity investment" is limited to an equity
investment in, or long-term debt security issued by, a qualified
community development entity that:
(a) Is acquired after the effective date of the enactment of
this section at
its original issuance solely in exchange for
cash;
(b) Has at least eighty-five per cent of its cash purchase
price used by the issuer to make qualified low-income community
investments; and
(c) Is designated by the issuer as a qualified equity
investment.
"Qualified equity investment" includes any equity investment
that would, but for division (A)(7)(a) of this section, be a
qualified equity investment in the hands of the taxpayer if such
investment was a qualified equity investment in the hands of a
prior holder.
(B) There is hereby allowed a nonrefundable credit against
the tax imposed by section 5725.18 of the Revised Code for an
insurance company holding a qualified equity investment on the
credit allowance date occurring in the calendar year for which the
tax is due. The credit shall equal the applicable percentage of
the adjusted purchase price of qualified low-income community
investments, subject to divisions (B)(1) and (2) of this section:
(1) For the purpose of calculating the amount of qualified
low-income community investments held by an issuer, an investment
shall be considered held by an issuer even if the investment has
been sold or repaid, provided that the issuer reinvests an amount
equal to the capital returned to or recovered by the issuer from
the original investment, exclusive of any profits realized, in
another qualified low-income community investment within twelve
months of the receipt of such capital, unless the investment is
sold or repaid after the sixth anniversary of the issuance of the
qualified equity investment. If the qualified low-income community
investment is sold or repaid after the sixth anniversary of the
issuance of the qualified equity investment, the qualified
low-income community investment shall be considered held by the
issuer through the seventh anniversary of the qualified equity
investment's issuance.
(2) The qualified low-income community investment held in
this state shall equal the sum of the qualified low-income
community investments in each qualified active low-income
community business, not to exceed one million dollars, in which
the qualified community development entity invests, including such
investments in any such businesses related directly or indirectly
to that qualified active low-income community business through
majority ownership or control.
The credit shall be claimed in the order prescribed by
section 5725.98 of the Revised Code. If the amount of the credit
exceeds the amount of tax otherwise due after deducting all other
credits in that order, the excess may be carried forward and
applied to the tax due for not more than four ensuing years.
(C) The amount of qualified equity investments on the basis
of which credits may be claimed under this section and sections
5729.16 and 5733.58 of the Revised Code shall not exceed the
amount, estimated
by the director of development, that would
cause the total amount
of credits allowed each fiscal year to
exceed ten million dollars,
computed without regard to the
potential for taxpayers to carry
tax credits forward to later
years.
(D) The issuer of a qualified equity investment shall certify
to the director of development the anticipated dollar amount of
qualified low-income community
investments to be made during the
first twelve-month period
following the initial credit allowance
date. On the second credit
allowance date, the director shall
increase or decrease the
credits allowed for such investments as
necessary to account for
differences between the actual dollar
amount of such investments
and the anticipated amount certified
by the issuer.
(E) If any amount of the federal tax credit allowed for a
qualified equity investment for which a credit was received under
this section is recaptured under section 45D of the Internal
Revenue Code, or if the issuer of a qualified equity investment
for which a credit was claimed under this section redeems or
repays principal of the investment before the seventh anniversary
of its issuance, all or a portion of the credit received on
account of that investment shall be paid by the insurance company
that received the credit to the superintendent of insurance. The
amount to be recovered shall be determined by the director of
development pursuant to rules adopted under division (F) of this
section. The director shall certify any amount due under this
division to the superintendent of insurance, and the
superintendent shall notify the insurance company of the amount
due. The amount due is payable not later than thirty days after
the day the superintendent issues the notice. The amount due shall
be considered to be tax due under section 5725.18 of the Revised
Code, and may be collected by assessment as prescribed by section
5725.222 of the Revised Code. All amounts collected under this
division shall be credited as revenue from the tax levied under
section 5725.18 of the Revised Code.
(F) The director of development, pursuant to Chapter 119. of
the Revised Code, shall adopt rules for the administration of this
section and sections 5729.16 and 5733.58 of the Revised Code. The
rules shall
provide for determining the recovery of credits under
division (E)
of this section, division (E) of section 5729.16,
and section 5733.58 of the Revised
Code, including prorating the
amount of the credit to be recovered
on any reasonable basis, and
the manner in which credits may be
allocated among claimants. The
manner of allocating credits among
claimants shall provide that
credits shall be granted in the order
in which claimants certify
their anticipated qualified equity
investments under division (D)
of this section, division (D) of
section 5729.16, and section
5733.58 of the Revised Code.
Sec. 5725.98. (A) To provide a uniform procedure for
calculating the amount of tax imposed by section 5725.18 of the
Revised Code that is due under this chapter, a taxpayer shall
claim any credits and offsets against tax liability to which it is
entitled in the following order:
(1) The credit for an insurance company or insurance company
group under section 5729.031 of the Revised Code.
(2) The credit for eligible employee training costs under
section 5725.31 of the Revised Code.
(3) The credit for purchasers of qualified low-income
community investments under section 5725.33 of the Revised Code;
(4) The job retention credit under section 122.171 of the
Revised Code;
(5) The offset of assessments by the Ohio life and health
insurance guaranty association permitted by section 3956.20 of the
Revised Code.
(4)(6) The refundable credit for Ohio job creation under
section 5725.32 of the Revised Code.
(5)(7) The refundable credit under section 5729.08 of the
Revised Code for losses on loans made under the Ohio venture
capital program under sections 150.01 to 150.10 of the Revised
Code.
(B) For any credit except the credits enumerated in divisions
(A)(4)(6) and (5)(7) of this section, the amount of the credit for
a taxable year shall not exceed the tax due after allowing for any
other credit that precedes it in the order required under this
section. Any excess amount of a particular credit may be carried
forward if authorized under the section creating that credit.
Nothing in this chapter shall be construed to allow a taxpayer to
claim, directly or indirectly, a credit more than once for a
taxable year.
Sec. 5727.84. (A) As used in this section and sections
5727.85,
5727.86, and
5727.87 of the Revised Code:
(1)
"School district" means a city, local, or exempted
village
school district.
(2)
"Joint vocational school district" means a joint
vocational
school district created under section 3311.16 of the
Revised
Code,
and includes a cooperative education school district
created under
section 3311.52 or 3311.521 of the Revised Code and
a county
school financing district created under section 3311.50
of the
Revised Code.
(3)
"Local taxing unit" means a subdivision or taxing unit,
as defined in
section 5705.01 of the Revised Code, a park district
created under Chapter 1545. of the Revised Code, or
a township
park district established under section 511.23 of the Revised
Code,
but excludes
school districts
and joint vocational school
districts.
(4)
"State education aid," for a school district, means the
following:
(a) For fiscal years prior to fiscal year 2010, the
sum of
state
aid
amounts computed for the
district
under
divisions (A),
(C)(1), (C)(4), (D), (E), and (F) of section
3317.022; divisions
(B), (C), and (D) of section 3317.023;
divisions (G), (L), and
(N) of section 3317.024; and sections
3317.029, 3317.0216,
3317.0217, 3317.04, 3317.05, 3317.052, and
3317.053 of the
Revised Code; and the adjustments required by:
division (C) of
section 3310.08; division (C)(2) of section
3310.41; division (C)
of section 3314.08, as that section existed for that fiscal year;
division (D)(2) of
section 3314.091; division (D) of former
section
3314.13; divisions (E),
(K), (L), (M),
and (N) of
section
3317.023; division
(C) of
section 3317.20;
and
sections 3313.979
and 3313.981 of
the
Revised Code. However,
when calculating state
education aid
for
a school district for
fiscal years 2008
and
2009, include
the
amount computed
for
the district under
Section
269.20.80
of
H.B. 119 of the
127th
general assembly, as
subsequently
amended, instead of
division
(D) of section
3317.022 of the
Revised Code; and include
amounts calculated
under Section
269.30.80 of this
act H.B.
119 of the 127th General Assembly, as subsequently amended; and
account for
adjustments under division (C)(2) of section 3310.41
of the
Revised Code.
(b) For fiscal year 2010 and for each fiscal year thereafter,
the sum of the amounts computed for the district under sections
3306.12, 3306.13, and 3306.19; division (G) of section 3317.024;
sections 3317.05, 3317.052, and 3317.053 of the Revised Code; and
the adjustments required by division (C)(2) of section 3310.41;
division (D)(2) of section 3314.091; divisions (E), (K), (L), (M),
and (N) of section 3317.023; division (C) of section 3317.20; and
section 3313.979 of the Revised Code.
(5) "State education aid," for a joint vocational school
district, means the following:
(a) For fiscal years prior to fiscal year 2010, the sum of
the
state aid amounts computed for the
district under division
(N) of
section 3317.024 and section
3317.16 of the Revised Code.
However, when calculating state
education aid for a joint
vocational school district for fiscal
years 2008 and 2009,
include the amount computed for the
district
under Section
269.30.90 of H.B. 119
of the 127th general
assembly, as
subsequently amended.
(b) For fiscal years 2010 and 2011, the amount computed for
the district in accordance with the section of this act entitled
"FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS".
(6)
"State education aid offset" means the amount
determined
for
each school district
or joint vocational school
district under
division (A)(1) of section 5727.85
of
the Revised
Code.
(7)
"Recognized valuation" has
the same meaning as
in
section
3317.02 of the Revised Code.
(8)
"Electric company tax value loss" means the amount
determined
under division (D) of this section.
(9)
"Natural gas company tax value loss" means the amount
determined under
division (E) of this section.
(10)
"Tax value loss" means the sum of the electric company
tax value loss and the
natural gas company tax value loss.
(11)
"Fixed-rate levy" means any tax levied on property
other
than
a fixed-sum levy.
(12)
"Fixed-rate levy loss" means the amount determined
under
division (G) of this section.
(13)
"Fixed-sum levy" means a tax levied on property at
whatever
rate is required to produce a specified amount of tax
money or
levied in excess of the ten-mill limitation to pay
debt
charges, and includes school district
emergency levies imposed
pursuant to section 5705.194 of the
Revised Code.
(14)
"Fixed-sum levy loss" means the amount determined
under
division (H) of this section.
(15)
"Consumer price index" means the consumer price
index
(all
items, all urban consumers) prepared by the bureau of labor
statistics
of the United States department of labor.
(B)
The kilowatt-hour tax receipts fund is hereby created
in
the state treasury and shall consist of money arising from the
tax
imposed by section
5727.81 of
the Revised Code. All money in
the
kilowatt-hour tax receipts fund shall be credited as follows:
(1)
Sixty-three
per
cent shall be
credited to the general
revenue
fund.
(2) Twenty-five and
four-tenths per cent
shall
be credited
to
the school district
property tax replacement
fund,
which is
hereby
created in the state
treasury for the
purpose of
making the
payments described in
section 5727.85 of the
Revised
Code.
(3) Eleven and
six-tenths per cent shall be
credited to
the
local
government property tax replacement fund,
which is
hereby
created in the
state treasury for the purpose of
making the
payments described in
section 5727.86 of the Revised
Code.
(C)
The natural
gas tax receipts fund is hereby created
in
the state treasury and
shall consist of money arising from the
tax
imposed by section
5727.811 of the
Revised Code. All money in
the
fund shall be credited as follows:
(1)
Sixty-eight and seven-tenths per cent shall be
credited
to
the school
district property tax replacement fund for
the
purpose
of making
the
payments described in section 5727.85 of
the
Revised
Code.
(2) Thirty-one and three-tenths per cent shall be credited
to
the local
government
property tax replacement fund for the
purpose
of making
the payments
described in section 5727.86 of the
Revised
Code.
(D)
Not later than January 1, 2002, the tax commissioner
shall
determine for each taxing district its electric company tax
value loss,
which is the sum
of the applicable amounts described
in divisions
(D)(1) to (4) of
this section:
(1) The difference obtained by subtracting the amount
described
in division (D)(1)(b) from the amount described in
division
(D)(1)(a) of this section.
(a) The value of electric company and rural electric company
tangible personal property as assessed by the tax commissioner for
tax year
1998 on a preliminary
assessment, or an amended
preliminary assessment if issued prior to
March 1, 1999, and as
apportioned to the taxing district
for tax year 1998;
(b) The value of electric company and rural electric company
tangible personal property as assessed by the tax commissioner for
tax year 1998 had the property been apportioned to the taxing
district for tax year 2001, and assessed at the rates in effect
for tax year 2001.
(2) The difference obtained by subtracting the amount
described
in division (D)(2)(b) from the amount described in
division
(D)(2)(a) of this section.
(a) The three-year average for tax years 1996, 1997, and
1998
of
the assessed value from nuclear fuel materials and
assemblies
assessed
against a person under Chapter 5711. of the
Revised Code
from the leasing of them to an electric company for
those
respective tax
years, as reflected in the preliminary
assessments;
(b) The three-year average assessed value from nuclear fuel
materials and assemblies assessed under division (D)(2)(a)
of this
section for tax years 1996, 1997, and 1998, as reflected in the
preliminary
assessments, using an assessment rate of
twenty-five
per cent.
(3) In the case of a taxing district having a nuclear power
plant within its territory, any amount, resulting in an electric
company tax value loss, obtained by subtracting the amount
described in division (D)(1) of this section from the difference
obtained by subtracting the amount described in division (D)(3)(b)
of this section from the amount described in division (D)(3)(a) of
this section.
(a) The value of electric company tangible personal property
as assessed by the tax commissioner for tax year 2000 on a
preliminary assessment, or an amended preliminary assessment if
issued prior to March 1, 2001, and as apportioned to the taxing
district for tax year 2000;
(b) The value of electric company tangible personal property
as assessed by the tax commissioner for tax year 2001 on a
preliminary assessment, or an amended preliminary assessment if
issued prior to March 1, 2002, and as apportioned to the taxing
district for tax year 2001.
(4) In the case of a taxing district having a nuclear power
plant within its territory, the difference obtained by subtracting
the amount described in division (D)(4)(b) of this section from
the amount described in division (D)(4)(a) of this section,
provided that such difference is greater than ten per cent of the
amount described in division (D)(4)(a) of this section.
(a) The value of electric company tangible personal property
as assessed by the tax commissioner for tax year 2005 on a
preliminary assessment, or an amended preliminary assessment if
issued prior to March 1, 2006, and as apportioned to the taxing
district for tax year 2005;
(b) The value of electric company tangible personal property
as assessed by the tax commissioner for tax year 2006 on a
preliminary assessment, or an amended preliminary assessment if
issued prior to March 1, 2007, and as apportioned to the taxing
district for tax year 2006.
(E) Not later than January 1, 2002, the tax commissioner
shall determine for each taxing district its natural gas company
tax value
loss, which
is the sum of the amounts described in
divisions (E)(1) and
(2) of this section:
(1) The difference obtained by subtracting the amount
described
in division (E)(1)(b) from the amount described in
division
(E)(1)(a) of this section.
(a) The value of all natural gas company tangible personal
property, other than property described in division (E)(2) of this
section, as assessed by the tax commissioner for tax year 1999 on
a
preliminary assessment, or an
amended preliminary assessment if
issued prior to March 1, 2000,
and apportioned to the taxing
district for tax year 1999;
(b) The value of all natural gas company tangible personal
property, other than property described in division (E)(2) of this
section, as assessed by the tax commissioner for tax year 1999 had
the property been apportioned to the taxing district for tax year
2001, and assessed at the rates in effect for tax year 2001.
(2) The difference in the value of current gas obtained by
subtracting the amount described in division
(E)(2)(b) from the
amount described in division (E)(2)(a) of this
section.
(a) The three-year average assessed value of current gas as
assessed by the tax commissioner for tax years 1997, 1998, and
1999 on a
preliminary assessment, or an amended
preliminary
assessment if issued prior to March 1, 2001, and as
apportioned in
the taxing district for those respective years;
(b) The three-year average assessed value from current gas
under
division (E)(2)(a) of this section for tax years
1997, 1998,
and
1999, as reflected in the preliminary assessment, using an
assessment
rate of twenty-five per cent.
(F)
The tax commissioner may request that natural gas
companies,
electric companies, and rural
electric companies file a
report to help determine the tax value loss
under divisions (D)
and (E) of
this section. The report shall be filed
within thirty
days of the commissioner's request. A company that fails to
file
the report or does not timely file the
report is subject to the
penalty in section 5727.60 of the Revised
Code.
(G) Not later than January 1, 2002, the tax commissioner
shall
determine for each school district, joint vocational school
district, and
local taxing unit its fixed-rate levy loss, which is
the sum of its
electric company tax value loss
multiplied by
the
tax rate in effect in tax year 1998 for fixed-rate levies and its
natural gas company tax value loss multiplied by the tax rate in
effect in tax
year 1999 for fixed-rate levies.
(H) Not later than January 1, 2002, the tax commissioner
shall
determine for each school district, joint vocational school
district, and
local taxing unit its fixed-sum levy loss, which is
the amount obtained by subtracting the amount described in
division (H)(2) of this section from the amount described
in
division (H)(1) of this section:
(1) The sum of the electric company tax value loss
multiplied
by the
tax rate in effect in
tax year 1998, and the
natural gas
company tax value loss multiplied
by the tax rate in
effect in tax
year 1999, for fixed-sum levies
for all taxing
districts within
each school district, joint vocational school
district, and local
taxing unit. For the years 2002 through 2006,
this computation
shall
include school district emergency levies
that existed in
1998
in the case
of the electric company tax value
loss, and 1999
in the case of the natural
gas company tax value
loss, and
all
other fixed-sum levies that existed in 1998 in the
case of the
electric
company tax value loss and 1999 in the case
of the
natural gas company tax
value loss
and continue to be
charged in
the tax year preceding the distribution year. For the
years 2007
through 2016 in the case of school district emergency
levies, and
for all
years after 2006 in the case of all other
fixed-sum
levies, this
computation shall exclude all
fixed-sum
levies that
existed in 1998 in the case of the electric company
tax value loss
and 1999
in the case of the natural gas company tax
value loss,
but are no
longer in effect in the tax year
preceding
the
distribution year. For the purposes of this section, an
emergency
levy that existed in 1998 in the case of the electric
company tax
value loss, and 1999 in the case of the natural gas
company tax
value
loss, continues to exist in a year beginning on
or after
January 1, 2007, but before January 1, 2017, if, in
that
year, the
board of education levies a school district emergency
levy for
an
annual sum at least equal to the annual sum levied by
the board in
tax year
1998 or 1999, respectively, less the amount
of the
payment
certified under
this division for 2002.
(2) The total taxable value in tax year
1999 less the tax
value loss in each school
district, joint
vocational school
district, and local taxing unit
multiplied by
one-fourth of one
mill.
If the amount computed under division
(H) of this section
for
any
school district, joint vocational school district, or
local
taxing unit is
greater than zero, that amount shall equal
the
fixed-sum levy loss reimbursed
pursuant to division (E) of
section
5727.85 of the
Revised Code or division (A)(2)
of section
5727.86
of the Revised Code, and the one-fourth of one
mill that
is
subtracted under division (H)(2) of this section
shall be
apportioned
among
all contributing fixed-sum levies in the
proportion of each levy to the sum of
all fixed-sum levies within
each school district,
joint vocational school district, or local
taxing unit.
(I) Notwithstanding divisions (D),
(E), (G), and (H) of
this
section, in
computing the tax value loss, fixed-rate levy
loss,
and fixed-sum levy loss, the tax commissioner shall use the
greater of
the 1998 tax rate or the 1999 tax rate in the case of
levy losses
associated with the electric company tax value loss,
but the 1999 tax rate
shall not
include for this purpose any tax
levy approved by the voters after
June 30, 1999, and the tax
commissioner shall use the greater of the
1999 or the 2000 tax
rate in the case of levy losses associated with the
natural gas
company tax value loss.
(J) Not later than January 1, 2002, the tax commissioner
shall certify to the department of education the tax value loss
determined
under divisions (D) and (E) of this section for each
taxing
district, the fixed-rate levy
loss calculated under
division (G) of this section, and the
fixed-sum levy loss
calculated under division (H) of this section.
The calculations
under divisions (G) and (H) of this section shall
separately
display the levy loss for each levy eligible for
reimbursement.
(K)
Not later than September 1, 2001, the tax commissioner
shall
certify the amount of the fixed-sum levy loss to the county
auditor of each county in which a school district with a fixed-sum
levy loss has territory.
Sec. 5728.12. Any non-resident of this state who accepts the
privilege
extended by the laws of this state to non-residents of
operating a commercial
car or commercial tractor, which is subject
to the tax levied in section
5728.06 of the Revised Code, or of
having the same operated within this state,
and any resident of
this state who operates a commercial car or commercial
tractor,
which is subject to the tax levied in section 5728.06 of the
Revised
Code, or has the same operated within this state and
subsequently becomes a
non-resident or conceals his the person's
whereabouts, makes the
secretary of state of the
state of Ohio his
the person's agent for the service of process
or notice in any
assessment, action or proceeding instituted in this state
against
such person out of the failure to pay the taxes imposed upon
him
by the provisions of section 5728.06 of the Revised Code.
Such process or notice shall be served, by the officer to
whom the same is
directed or by the tax commissioner, or by the
sheriff of Franklin county, who
may be deputized for such purpose
by the officer to whom the service is
directed, upon the secretary
of state by leaving at the office of the
secretary
of state, at
least fifteen days before the return day of such process or
notice, a true and attested copy thereof, and by sending to the
defendant by
registered or certified mail, postage prepaid, a like
and true attested copy,
with an endorsement thereon of the service
upon said secretary of state, addressed to such defendant at his
last known address. The registered or certified mail return
receipt of such defendant shall be attached to and made a part of
the return
of such service of process as provided under section
5703.37 of the Revised Code.
Sec. 5729.03. (A) If the superintendent of insurance finds
the
annual statement required by section 5729.02 of the Revised
Code
to be correct, the superintendent shall compute
the following
amount, as applicable, of the balance
of such gross
amount, after
deducting such
return premiums and considerations received for
reinsurance, and
charge such amount to such company as a tax upon
the business
done by it in this state for the period covered by
such annual
statement:
(1) If the company is a health insuring corporation, one per
cent of the
balance of premium rate payments received, exclusive
of payments received
under the medicare program established under
Title XVIII of the
"Social Security Act," 49 Stat. 620 (1935), 42
U.S.C.A.
301, as amended, or pursuant to the medical assistance
program established
under Chapter 5111. of the Revised Code,
as
reflected in its annual report;
(2) If the company is not a health insuring corporation, one
and
four-tenths per cent of the balance of premiums received,
exclusive of premiums received under the medicare
program
established under
Title
XVIII of the
"Social
Security
Act," 49
Stat. 620 (1935), 42
U.S.C.A.
301, as amended, or pursuant to the
medical
assistance program established under
Chapter 5111. of the
Revised
Code,
as reflected in its annual statement, and, if the
company operates a
health insuring corporation as a line of
business, one per cent
of the balance of premium rate payments
received from that line of business,
exclusive of
payments
received under the medicare program established under
Title XVIII
of the "Social Security
Act," 49 Stat. 620 (1935), 42
U.S.C.A.
301, as amended, or pursuant to the medical assistance program
established under Chapter 5111.
of the Revised Code, as reflected
in its
annual statement.
(B) Any insurance policies that were not
issued in violation
of Title XXXIX of the Revised Code and
that were issued prior to
April 15, 1967, by a life insurance company
organized and operated
without profit to any private shareholder
or individual,
exclusively for the purpose of aiding educational
or scientific
institutions organized and operated without profit
to any private
shareholder or individual, are not subject to the
tax imposed by
this section. All taxes collected pursuant to
this section shall
be credited to the general revenue fund.
(C) In no case shall the tax imposed under this section be
less
than two hundred fifty dollars.
Sec. 5729.16. (A) Terms used in this section have the same
meaning as in section 5725.33 of the Revised Code.
(B) There is hereby allowed a nonrefundable credit against
the tax imposed by section 5729.03 of the Revised Code for a
foreign insurance company holding a qualified equity investment on
the credit allowance date occurring in the calendar year for which
the tax is due. The credit shall be computed in the same manner
prescribed for the computation of credits allowed under section
5725.33 of the Revised Code.
The credit shall be claimed in the order prescribed by
section 5729.98 of the Revised Code. If the amount of the credit
exceeds the amount of tax otherwise due after deducting all other
credits in that order, the excess may be carried forward and
applied to the tax due for not more than four ensuing years.
(C) The total amount of qualified equity investments on the
basis of which credits may be claimed under this section,
section
5725.33, and section 5733.58 of the Revised Code is subject to the
limitation
of division (C) of section 5725.33 of the Revised
Code.
(D) The issuer of a qualified equity investment shall certify
to the director of development the anticipated dollar amount of
qualified low-income community
investments to be made during the
first twelve-month period
following the initial credit allowance
date. On the second credit
allowance date, the director shall
increase or decrease the
credits allowed for such investments as
necessary to account for
differences between the actual dollar
amount of such investments
and the anticipated amount certified
by the issuer.
(E) If any amount of the federal tax credit allowed for a
qualified equity investment for which a credit was received under
this section is recaptured under section 45D of the Internal
Revenue Code, or if the issuer of a qualified equity investment
for which a credit was claimed under this section redeems or
repays principal of the investment before the seventh anniversary
of its issuance, all or a portion of the credit received on
account of that investment shall be paid by the insurance company
that received the credit to the superintendent of insurance. The
amount to be recovered shall be determined by the director of
development pursuant to rules adopted under section 5725.33 of the
Revised Code. The director shall certify any amount due under this
division to the superintendent of insurance, and the
superintendent shall notify the insurance company of the amount
due. The amount due is payable not later than thirty days after
the day the superintendent issues the notice. The amount due shall
be considered to be tax due under section 5729.03 of the Revised
Code, and may be collected by assessment as prescribed by section
5729.102 of the Revised Code. All amounts collected under this
division shall be credited as revenue from the tax levied under
section 5729.03 of the Revised Code.
Sec. 5729.98. (A) To provide a uniform procedure for
calculating the amount of tax due under this chapter, a taxpayer
shall claim any credits and offsets against tax liability to which
it is entitled in the following order:
(1) The credit for an insurance company or insurance company
group under section 5729.031 of the Revised Code.
(2) The credit for eligible employee training costs under
section 5729.07 of the Revised Code.
(3) The credit for purchases of qualified low-income
community investments under section 5729.16 of the Revised Code;
(4) The job retention credit under section 122.171 of the
Revised Code.
(5) The offset of assessments by the Ohio life and health
insurance guaranty association against tax liability permitted by
section 3956.20 of the Revised Code.
(4)(6) The refundable credit for Ohio job creation under
section 5729.032 of the Revised Code.
(5)(7) The refundable credit under section 5729.08 of the
Revised Code for losses on loans made under the Ohio venture
capital program under sections 150.01 to 150.10 of the Revised
Code.
(B) For any credit except the credits enumerated in divisions
(A)(4)(6) and (5)(7) of this section, the amount of the credit for
a taxable year shall not exceed the tax due after allowing for any
other credit that precedes it in the order required under this
section. Any excess amount of a particular credit may be carried
forward if authorized under the section creating that credit.
Nothing in this chapter shall be construed to allow a taxpayer to
claim, directly or indirectly, a credit more than once for a
taxable year.
Sec. 5733.01. (A) The tax provided by this chapter for
domestic corporations shall be the amount charged against each
corporation organized for profit under the laws of this state and
each nonprofit corporation organized pursuant to Chapter
1729. of
the Revised Code, except as provided in sections 5733.09
and
5733.10 of the Revised Code, for the privilege of exercising
its
franchise during the calendar year in which that amount is
payable, and the tax provided by this chapter for foreign
corporations shall be the amount charged against each corporation
organized for profit and each nonprofit corporation organized or
operating in the same or similar manner as nonprofit corporations
organized under Chapter 1729. of the Revised Code, under the laws
of any state or country other than this state, except as provided
in
sections 5733.09 and 5733.10 of the Revised Code, for the
privilege of doing business in this state, owning or using a part
or all of its capital or property in this state, holding a
certificate of compliance with the laws of this state authorizing
it to do business in this state, or otherwise having nexus in or
with
this state under the
Constitution of the
United
States,
during the calendar year in which
that amount is payable.
(B) A corporation is subject to the tax imposed by section
5733.06 of the Revised Code
for each calendar year that it is so
organized, doing
business, owning or using a part or all of its
capital or
property, holding a certificate of compliance, or
otherwise having nexus in or with
this state under the
Constitution of the
United
States,
on the first day
of January of
that calendar year.
(C) Any corporation subject to this chapter that is not
subject to the federal income tax shall file its returns and
compute its tax liability as required by this chapter in the same
manner as if that corporation were subject to the federal income
tax.
(D) For purposes of this chapter, a federally chartered
financial institution shall be deemed to be organized under the
laws of the state within which its principal office is located.
(E) For purposes of this chapter, any person, as defined in
section 5701.01
of the Revised
Code, shall be
treated as a
corporation
if the person
is classified for federal
income tax
purposes as an association taxable as a corporation, and an equity
interest in the person shall be treated as capital stock of the
person.
(F) For the purposes of this chapter, "disregarded entity"
has the same meaning as in division (D) of section 5745.01 of the
Revised Code.
(1) A person's interest in a disregarded entity, whether
held
directly or
indirectly, shall be treated as the person's
ownership
of the
assets and liabilities of the disregarded entity,
and the
income, including gain or loss,
shall be included in the
person's
net income under this chapter.
(2) Any sale, exchange, or other disposition of the
person's
interest in the disregarded entity, whether held directly
or
indirectly,
shall be treated as a sale, exchange, or other
disposition of the
person's share of the disregarded entity's
underlying assets or liabilities, and the gain or
loss from such
sale, exchange, or disposition shall be included in
the person's
net income under this chapter.
(3) The disregarded entity's payroll, property, and sales
factors shall be
included in the person's factors.
(G) The tax a corporation is required to pay under this
chapter shall be as follows:
(1)(a) For financial institutions, the greater of the minimum
payment required under division (E) of section 5733.06 of the
Revised Code or the difference between all taxes charged the
financial institution under this chapter, without regard to
division (G)(2) of this section, less any credits allowable
against such tax.
(b) A corporation satisfying the description in division
(E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised
Code that is not a financial institution, insurance company, or
dealer in intangibles is subject to the taxes imposed under this
chapter as a corporation and not subject to tax as a financial
institution, and shall pay the greater of the minimum payment
required under division (E) of section 5733.06 of the Revised Code
or the difference between all the taxes charged under this
chapter, without regard to division (G)(2) of this section, less
any credits allowable against such tax.
(2) For all corporations other than those persons described
in division (G)(1)(a) or (b) of this section, the amount under
division (G)(2)(a) of this section applicable to the tax year
specified less the amount under division (G)(2)(b) of this
section:
(a)(i) For tax year 2005, the greater of the minimum payment
required under division (E) of section 5733.06 of the Revised Code
or the difference between all taxes charged the corporation under
this chapter and any credits allowable against such tax;
(ii) For tax year 2006, the greater of the minimum payment
required under division (E) of section 5733.06 of the Revised Code
or four-fifths of the difference between all taxes charged the
corporation under this chapter and any credits allowable against
such tax, except the qualifying pass-through entity tax credit
described in division (A)(29)(30) and the refundable credits
described in divisions (A)(30)(31) to (34)(35) of section 5733.98
of the Revised Code;
(iii) For tax year 2007, the greater of the minimum payment
required under division (E) of section 5733.06 of the Revised Code
or three-fifths of the difference between all taxes charged the
corporation under this chapter and any credits allowable against
such tax, except the qualifying pass-through entity tax credit
described in division (A)(29)(30) and the refundable credits
described in divisions (A)(30)(31) to (34)(35) of section 5733.98
of the Revised Code;
(iv) For tax year 2008, the greater of the minimum payment
required under division (E) of section 5733.06 of the Revised Code
or two-fifths of the difference between all taxes charged the
corporation under this chapter and any credits allowable against
such tax, except the qualifying pass-through entity tax credit
described in division (A)(29)(30) and the refundable credits
described in divisions (A)(30)(31) to (34)(35) of section 5733.98
of the Revised Code;
(v) For tax year 2009, the greater of the minimum payment
required under division (E) of section 5733.06 of the Revised Code
or one-fifth of the difference between all taxes charged the
corporation under this chapter and any credits allowable against
such tax, except the qualifying pass-through entity tax credit
described in division (A)(29)(30) and the refundable credits
described in divisions (A)(30), (31), (32), and (33), and (34) of
section 5733.98 of the Revised Code;
(vi) For tax year 2010 and each tax year thereafter, no tax.
(b) A corporation shall subtract from the amount calculated
under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section
any qualifying pass-through entity tax credit described in
division (A)(29)(30) and any refundable credits described in
divisions (A)(30)(31) to (34)(35) of section 5733.98 of the
Revised Code to which the corporation is entitled. Any unused
qualifying pass-through entity tax credit is not refundable.
(c) For the purposes of computing the amount of a credit that
may be carried forward to a subsequent tax year under division
(G)(2) of this section, a credit is utilized against the tax for a
tax year to the extent the credit applies against the tax for that
tax year, even if the difference is then multiplied by the
applicable fraction under division (G)(2)(a) of this section.
(3) Nothing in division (G) of this section eliminates or
reduces the tax imposed by section 5733.41 of the Revised Code on
a qualifying pass-through entity.
Sec. 5733.04. As used in this chapter:
(A) "Issued and outstanding shares of stock" applies to
nonprofit corporations, as provided in section 5733.01 of the
Revised Code, and includes, but is not limited to, membership
certificates and other instruments evidencing ownership of an
interest in such nonprofit corporations, and with respect to a
financial institution that does not have capital stock,
"issued
and outstanding shares of stock" includes, but is not limited to,
ownership interests of depositors in the capital employed in such
an institution.
(B) "Taxpayer" means a corporation subject to the tax
imposed
by section 5733.06 of the Revised Code.
(C) "Resident" means a corporation organized under the
laws
of this state.
(D) "Commercial domicile" means the principal place from
which the trade or business of the taxpayer is directed or
managed.
(E) "Taxable year" means the
period prescribed by division
(A) of section 5733.031 of the Revised Code
upon
the net income of
which the value of the taxpayer's issued and
outstanding shares of
stock is determined
under division (B) of
section 5733.05 of the
Revised Code or the period prescribed
by division (A) of section
5733.031 of the Revised
Code that immediately precedes
the date as
of which the total value of the corporation is determined under
division
(A) or (C) of section 5733.05 of the Revised Code.
(F) "Tax year" means the calendar year in and for which
the
tax imposed by section 5733.06 of the Revised Code
is required to
be paid.
(G) "Internal Revenue Code" means the "Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.
(H) "Federal income tax" means the income tax imposed by
the
Internal Revenue Code.
(I) Except as provided in section 5733.058 of the Revised
Code, "net
income" means the taxpayer's taxable income
before
operating loss deduction and special deductions, as
required to be
reported for the taxpayer's taxable year under the
Internal
Revenue Code, subject to the following adjustments:
(1)(a) Deduct any net operating loss incurred in any
taxable
years ending in 1971 or thereafter, but exclusive of any
net
operating loss incurred in taxable years ending prior to
January
1, 1971. This deduction shall not be allowed in any tax
year
commencing before December 31, 1973, but shall be carried
over and
allowed in tax years commencing after December 31, 1973,
until
fully utilized in the next succeeding taxable year or years
in
which the taxpayer has net income, but in no case for more
than
the designated carryover period as described in division
(I)(1)(b)
of this section. The amount of such net operating
loss, as
determined under the allocation and apportionment
provisions of
section 5733.051 and division (B) of section
5733.05 of the
Revised Code for the year in which the net
operating loss occurs,
shall be deducted from net income, as
determined under the
allocation and apportionment provisions of
section 5733.051 and
division (B) of section 5733.05 of the
Revised Code, to the extent
necessary to reduce net income to
zero with the remaining unused
portion of the deduction, if any,
carried forward to the remaining
years of the designated
carryover period as described in division
(I)(1)(b) of this
section, or until fully utilized, whichever
occurs first.
(b) For losses incurred in taxable years ending on or
before
December 31, 1981, the designated carryover period shall
be the
five consecutive taxable years after the taxable year in
which the
net operating loss occurred. For losses incurred in
taxable years
ending on or after January 1, 1982, and beginning before August 6,
1997, the designated
carryover
period shall be the fifteen
consecutive taxable years
after the
taxable year in which the net
operating loss occurs. For losses incurred in taxable years
beginning on or after August 6, 1997, the designated carryover
period shall be the twenty consecutive taxable years after the
taxable year in which the net operating loss occurs.
(c) The tax commissioner may require a taxpayer to furnish
any information necessary to support a claim for deduction under
division (I)(1)(a) of this section and no deduction shall be
allowed unless the information is furnished.
(2) Deduct any amount included in net income by
application
of section 78 or 951 of the Internal Revenue Code,
amounts
received for royalties, technical or other services
derived from
sources outside the United States, and dividends
received from a
subsidiary, associate, or affiliated corporation
that neither
transacts any substantial portion of its business
nor regularly
maintains any substantial portion of its assets
within the United
States. For purposes of determining net
foreign source income
deductible under division (I)(2) of this
section, the amount of
gross income from all such sources other
than
dividend income and
income derived by application of section 78 or 951 of the
Internal
Revenue Code shall be reduced by:
(a) The amount of any reimbursed expenses for personal
services performed by employees of the taxpayer for the
subsidiary, associate, or affiliated corporation;
(b) Ten per cent of the amount of royalty income and
technical assistance fees;
(c) Fifteen per cent of the amount of
all
other income.
The amounts described in divisions (I)(2)(a) to (c) of this
section are deemed to be the expenses attributable to the
production of deductible foreign source income unless the
taxpayer
shows, by clear and convincing evidence, less actual
expenses, or
the tax commissioner shows, by clear and convincing
evidence, more
actual expenses.
(3) Add any loss or deduct any gain resulting from the
sale,
exchange, or other disposition of a capital asset, or an
asset
described in section 1231 of the Internal Revenue Code, to
the
extent that such loss or gain occurred prior to the first
taxable
year on which the tax provided for in section 5733.06 of
the
Revised Code is computed on the corporation's net income.
For
purposes of division (I)(3) of this section, the amount of
the
prior loss or gain shall be measured by the difference
between the
original cost or other basis of the asset and the
fair market
value as of the beginning of the first taxable year
on which the
tax provided for in section 5733.06 of the Revised
Code is
computed on the corporation's net income. At the option
of the
taxpayer, the amount of the prior loss or gain may be a
percentage
of the gain or loss, which percentage shall be
determined by
multiplying the gain or loss by a fraction, the
numerator of which
is the number of months from the acquisition
of the asset to the
beginning of the first taxable year on which
the fee provided in
section 5733.06 of the Revised Code is
computed on the
corporation's net income, and the denominator of
which is the
number of months from the acquisition of the asset
to the sale,
exchange, or other disposition of the asset.
The adjustments
described
in this division do not apply to any gain or loss where
the gain or loss
is recognized by a qualifying taxpayer, as
defined in section 5733.0510
of the Revised Code, with respect to
a qualifying taxable
event,
as defined in that section.
(4) Deduct the dividend received deduction provided by
section 243 of the Internal Revenue Code.
(5) Deduct any interest or interest equivalent on public
obligations and purchase obligations to the extent included in
federal taxable income. As used in divisions (I)(5) and (6) of
this section, "public obligations," "purchase obligations," and
"interest or interest equivalent" have the same meanings as in
section 5709.76 of the Revised Code.
(6) Add any loss or deduct any gain resulting from the
sale,
exchange, or other disposition of public obligations to the
extent
included in federal taxable income.
(7) To the extent not otherwise allowed, deduct any
dividends
or distributions received by a taxpayer from a public
utility,
excluding an electric company and a combined company, and, for tax
years 2005 and thereafter, a telephone company, if the taxpayer
owns at
least eighty per cent of the
issued and outstanding common
stock
of the public utility. As used in
division (I)(7) of this
section, "public utility" means a
public utility as defined in
Chapter 5727. of the Revised
Code, whether or not the public
utility is doing business in the state.
(8) To the extent not otherwise allowed, deduct any
dividends
received by a taxpayer from an insurance company, if
the
taxpayer
owns at least eighty per cent of the issued and
outstanding common
stock of the insurance company. As used in
division (I)(8) of this
section, "insurance company" means an
insurance company that is
taxable under Chapter 5725. or
5729. of
the Revised Code.
(9) Deduct expenditures for modifying existing buildings
or
structures to meet American national standards institute
standard
A-117.1-1961 (R-1971), as amended; provided, that no
deduction
shall be allowed to the extent that such deduction is
not
permitted under federal law or under rules of the tax
commissioner. Those deductions as are allowed may be taken over
a
period of five years. The tax commissioner shall adopt rules
under
Chapter 119. of the Revised Code establishing reasonable
limitations on the extent that expenditures for modifying
existing
buildings or structures are attributable to the purpose
of making
the buildings or structures accessible to and usable by
physically
handicapped persons.
(10) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal taxable income
before operating loss deduction and special deductions for the
taxable year, had the targeted jobs credit allowed and determined
under sections 38, 51, and 52 of the Internal Revenue Code not
been in effect.
(11) Deduct net interest income on obligations of the
United
States and its territories and possessions or of any
authority,
commission, or instrumentality of the United States to
the extent
the laws of the United States prohibit inclusion of
the net
interest for purposes of determining the value of the
taxpayer's
issued and outstanding shares of stock under division
(B) of
section 5733.05 of the Revised Code. As used in division
(I)(11)
of this section, "net interest" means interest net of any
expenses
taken on the federal income tax return that would not
have been
allowed under section 265 of the Internal Revenue Code
if the
interest were exempt from federal income tax.
(12)(a) Except as set forth in division (I)(12)(d) of this
section, to the extent not included in computing the taxpayer's
federal taxable income before operating loss deduction and
special
deductions, add gains and deduct losses from direct or
indirect
sales, exchanges, or other dispositions, made by a
related entity
who is not a taxpayer, of the taxpayer's indirect,
beneficial, or
constructive investment in the stock or debt of
another entity,
unless the gain or loss has been included in
computing the
federal
taxable
income
before operating loss
deduction and special
deductions of another taxpayer with a more
closely related
investment in the stock or debt of the other
entity. The amount
of
gain added or loss deducted shall not
exceed the product
obtained
by multiplying such gain or loss by
the taxpayer's
proportionate
share, directly, indirectly,
beneficially, or
constructively, of
the outstanding stock of the
related entity
immediately prior to
the direct or indirect sale,
exchange, or
other disposition.
(b) Except as set forth in division (I)(12)(e) of this
section, to the extent not included in computing the taxpayer's
federal taxable income before operating loss deduction and
special
deductions, add gains and deduct losses from direct or
indirect
sales, exchanges, or other dispositions made by a
related entity
who is not a taxpayer, of intangible property
other than stock,
securities, and debt, if such property was
owned, or used in whole
or in part, at any time prior to or at
the time of the sale,
exchange, or disposition by either the
taxpayer or by a related
entity that was a taxpayer at any time
during the related entity's
ownership or use of such property,
unless the gain or loss has
been included in computing the
federal taxable
income
before
operating loss deduction and
special deductions of another
taxpayer with a more closely
related ownership or use of such
intangible property. The
amount of gain added or loss deducted
shall not exceed the
product obtained by multiplying such gain or
loss by the
taxpayer's proportionate share, directly, indirectly,
beneficially, or constructively, of the outstanding stock of the
related entity immediately prior to the direct or indirect sale,
exchange, or other disposition.
(c) As used in division (I)(12) of this section, "related
entity" means those entities described in divisions (I)(12)(c)(i)
to (iii) of this section:
(i) An individual stockholder, or a member of the
stockholder's family enumerated in section 318 of the Internal
Revenue Code, if the stockholder and the members of the
stockholder's family own, directly, indirectly, beneficially, or
constructively, in the aggregate, at least fifty per cent of the
value of the taxpayer's outstanding stock;
(ii) A stockholder, or a stockholder's partnership,
estate,
trust, or corporation, if the stockholder and the
stockholder's
partnerships, estates, trusts, and corporations own
directly,
indirectly, beneficially, or constructively, in the
aggregate, at
least fifty per cent of the value of the taxpayer's
outstanding
stock;
(iii) A corporation, or a party related to the corporation
in
a manner that would require an attribution of stock from the
corporation to the party or from the party to the corporation
under division (I)(12)(c)(iv) of this section, if the taxpayer
owns, directly, indirectly, beneficially, or constructively, at
least fifty per cent of the value of the corporation's
outstanding
stock.
(iv) The attribution rules of section 318 of the Internal
Revenue Code apply for purposes of determining whether the
ownership requirements in divisions (I)(12)(c)(i) to (iii) of
this
section have been met.
(d) For purposes of the adjustments required by division
(I)(12)(a) of this section, the term "investment in the stock or
debt of another entity" means only those investments where the
taxpayer and the taxpayer's related entities directly,
indirectly,
beneficially, or constructively own, in the
aggregate, at any time
during the twenty-four month period
commencing one year prior to
the direct or indirect sale,
exchange, or other disposition of
such investment at least fifty
per cent or more of the value of
either the outstanding stock or
such debt of such other entity.
(e)
For purposes of the adjustments required by division
(I)(12)(b) of this section, the term "related entity" excludes
all
of the following:
(i) Foreign corporations as defined in section 7701 of the
Internal Revenue Code;
(ii) Foreign partnerships as defined in section 7701 of
the
Internal Revenue Code;
(iii) Corporations, partnerships, estates, and trusts
created
or organized in or under the laws of the Commonwealth of
Puerto
Rico or any possession of the United States;
(iv) Foreign estates and foreign trusts as defined in
section
7701 of the Internal Revenue Code.
The exclusions described in divisions (I)(12)(e)(i) to (iv)
of this section do not apply if the corporation, partnership,
estate, or trust is described in
any one of divisions
(C)(1) to
(5) of section 5733.042 of the Revised Code.
(f) Nothing in division (I)(12) of this section shall
require
or permit a taxpayer to add any gains or deduct any
losses
described in divisions (I)(12)(f)(i) and (ii) of this
section:
(i) Gains or losses recognized for federal income tax
purposes by an individual, estate, or trust without regard to the
attribution rules described in division (I)(12)(c) of this
section;
(ii) A related entity's gains or losses described in
division
(I)(12)(b)
of this section if the taxpayer's ownership of
or use
of such
intangible property was limited to a period not
exceeding
nine
months and was attributable to a transaction or a
series of
transactions executed in accordance with the election or
elections
made by the taxpayer or a related entity pursuant to
section 338
of the Internal Revenue Code.
(13) Any adjustment required by section 5733.042 of the
Revised Code.
(14) Add any amount claimed as a
credit under section
5733.0611 of the
Revised
Code to the extent that such
amount
satisfies either of the following:
(a) It was deducted or excluded from the computation of the
corporation's
taxable income before operating loss deduction and
special
deductions as required to be reported for the
corporation's
taxable year under the Internal
Revenue
Code;
(b) It resulted in a reduction of the corporation's taxable
income
before operating loss deduction and special deductions as
required to be reported for any of the corporation's taxable
years
under the Internal
Revenue
Code.
(15) Deduct the amount contributed by
the taxpayer to an
individual development account program
established by a county
department of job and family
services pursuant to
sections 329.11
to 329.14 of the
Revised
Code for the purpose of
matching funds
deposited by program participants. On request of
the tax
commissioner, the taxpayer shall provide any information
that, in
the tax commissioner's opinion, is necessary to
establish the
amount deducted under division
(I)(15) of this section.
(16) Any adjustment required by section 5733.0510 or
5733.0511 of the
Revised Code.
(17)(a)(i) Add five-sixths of the amount of depreciation
expense allowed under subsection (k) of section 168 of the
Internal Revenue Code, including a person's proportionate or
distributive share of the amount of depreciation expense allowed
by that subsection to
any pass-through entity in which the person
has direct or indirect
ownership.
(ii) Add five-sixths of the amount of qualifying section 179
depreciation expense, including a person's proportionate or
distributive share of the amount of qualifying section 179
depreciation expense allowed to any pass-through entity in which
the person has a direct or indirect ownership. For the purposes of
this division, "qualifying section 179 depreciation expense" means
the difference between (I) the amount of depreciation expense
directly or indirectly allowed to the taxpayer under section 179
of the Internal Revenue Code, and (II) the amount of depreciation
expense directly or indirectly allowed to the taxpayer under
section 179 of the Internal Revenue Code as that section existed
on December 31, 2002.
The tax commissioner, under
procedures established by the
commissioner, may waive the add-backs
related to a pass-through
entity if the person owns, directly or
indirectly, less than five
per cent of the pass-through entity.
(b) Nothing in division (I)(17) of this section shall be
construed to adjust or modify the adjusted basis of any asset.
(c) To the extent the add-back is attributable to property
generating income or loss allocable under section 5733.051 of the
Revised Code, the add-back shall be allocated to the same location
as the income or loss generated by that property. Otherwise, the
add-back shall be apportioned, subject to division (B)(2)(d) of
section 5733.05 of the Revised Code.
(18)(a) If a person is required to make the add-back under
division (I)(17)(a) of this section for a tax year, the person
shall deduct one-fifth of the amount added back for each of the
succeeding five tax years.
(b) If the amount deducted under division (I)(18)(a) of
this
section is attributable to an add-back allocated under
division
(I)(17)(c) of this section, the amount deducted shall be
allocated
to the same location. Otherwise, the amount shall be
apportioned
using the apportionment factors for the taxable year
in which the
deduction is taken, subject to division (B)(2)(d) of
section
5733.05 of the Revised Code.
(J) Except as otherwise expressly provided or clearly
appearing from the context, any term used in this chapter has the
same meaning as
when used in a comparable context in the laws of
the United States
relating to federal income taxes. Any reference
in this chapter to the Internal
Revenue Code includes other laws
of the United States relating to
federal income taxes.
(K) "Financial institution" has the meaning given by
section
5725.01 of the Revised Code
but does not include a production
credit association as
described in 85 Stat. 597, 12
U.S.C.A.
2091.
(L)(1) A
"qualifying holding company" is any corporation
satisfying all of the following requirements:
(a) Subject to divisions
(L)(2) and (3) of this section,
the
net book value of the corporation's intangible assets is
greater
than or equal to ninety per cent of the net book value of
all of
its assets and at least fifty per cent of the net book
value of
all of its assets represents direct or indirect
investments in the
equity of, loans and advances to, and
accounts receivable due from
related members;
(b) At least ninety per cent of the
corporation's gross
income for the taxable year is attributable
to the following:
(i) The maintenance, management, ownership, acquisition,
use,
and
disposition of its intangible property, its
aircraft the
use
of which is not subject to regulation under 14
C.F.R.
part 121
or
part 135, and any real property described in
division
(L)(2)(c)
of
this section;
(ii) The collection and distribution
of income from such
property.
(c) The corporation is not a
financial institution on the
last day of the taxable year
ending prior to the first day
of the
tax year;
(d) The corporation's related members
make a good faith and
reasonable effort to make timely and fully
the adjustments
required by division
(C)(2)(D) of section 5733.05 of
the Revised
Code
and to pay timely and fully all uncontested taxes, interest,
penalties, and other fees and charges imposed under this chapter;
(e) Subject to division
(L)(4) of this section, the
corporation elects to be treated as a qualifying holding company
for the tax year.
A corporation otherwise satisfying divisions
(L)(1)(a)
to (e)
of this section that does not elect
to be a qualifying holding
company is not a qualifying holding
company for the purposes of
this chapter.
(2)(a)(i) For
purposes of making the ninety per cent
computation under
division
(L)(1)(a)
of this section, the net book
value of the corporation's assets
shall not include the net book
value of aircraft or real
property described in division
(L)(1)(b)(i)
of this section.
(ii) For purposes of making the fifty
per cent computation
under division
(L)(1)(a)
of this section, the net book value of
assets shall include the
net book value of aircraft or real
property described in
division
(L)(1)(b)(i)
of this section.
(b)(i) As used in division (L) of
this section, "intangible
asset" includes, but is not limited
to, the corporation's direct
interest in each pass-through
entity only if at all times during
the corporation's taxable
year ending prior to the first day of
the tax year the
corporation's and the corporation's related
members' combined
direct and indirect interests in the capital or
profits of such
pass-through entity do not exceed fifty per cent.
If the
corporation's interest in the pass-through entity is an
intangible asset for that taxable year, then the distributive
share of any income from the pass-through entity shall be
income
from an intangible asset for that taxable year.
(ii) If a corporation's and the
corporation's related
members' combined direct and indirect
interests in the capital or
profits of a pass-through entity
exceed fifty per cent at any time
during the corporation's
taxable year ending prior to the first
day of the tax year,
"intangible asset" does not include the
corporation's direct
interest in the pass-through entity, and the
corporation shall
include in its assets its proportionate share of
the assets of
any such pass-through entity and shall include in
its gross
income its distributive share of the gross income of
such
pass-through entity in the same form as was earned by the
pass-through
entity.
(iii) A pass-through entity's direct
or indirect
proportionate share of any other pass-through
entity's assets
shall be included for the purpose of computing
the corporation's
proportionate share of the pass-through
entity's assets under
division
(L)(2)(b)(ii)
of this section, and such pass-through
entity's distributive share of any
other pass-through entity's
gross income shall be included for purposes of computing the
corporation's distributive share of the pass-through entity's
gross income under division
(L)(2)(b)(ii)
of this section.
(c) For the purposes of divisions
(L)(1)(b)(i), (1)(b)(ii),
(2)(a)(i), and
(2)(a)(ii) of this
section, real property is
described in division
(L)(2)(c)
of this section only if all of the
following conditions are
present at all times during the taxable
year ending prior to the
first day of the tax year:
(i) The real property serves as the
headquarters of the
corporation's trade or business, or is the
place from which the
corporation's trade or business is
principally managed or
directed;
(ii) Not more than ten per cent of
the value of the real
property and not more than ten per cent of the square
footage of
the building or buildings that are part of the real property is
used, made available, or occupied for the purpose of providing,
acquiring,
transferring, selling, or
disposing of tangible
property or services in the normal course
of business to persons
other than related
members, the corporation's employees and their
families, and
such related members' employees and their families.
(d) As used in division (L) of this section, "related
member"
has the same
meaning as in division (A)(6)
of section
5733.042 of
the
Revised
Code without regard to division
(B) of
that section.
(3) The percentages described in division
(L)(1)(a)
of this
section shall be equal to the quarterly average of
those
percentages as calculated during the corporation's taxable
year
ending prior to the first day of the
tax year.
(4) With respect to the election described in division
(L)(1)(e)
of this section:
(a) The election need not accompany a
timely filed report;
(b) The election need not accompany the report; rather,
the
election may accompany a subsequently filed but timely
application
for refund and timely
amended report, or a subsequently filed but
timely petition for
reassessment;
(c) The election is not
irrevocable;
(d) The election applies only to the
tax year specified by
the corporation;
(e) The corporation's related members comply with division
(L)(1)(d) of this section.
Nothing in division
(L)(4) of this section shall be
construed
to extend any statute of limitations set forth in this
chapter.
(M) "Qualifying
controlled group" means two or more
corporations that
satisfy the ownership and control requirements
of division
(A) of section 5733.052 of the
Revised
Code.
(N) "Limited liability company" means any limited
liability
company formed under Chapter 1705. of the Revised
Code or under
the laws of any other state.
(O) "Pass-through entity" means
a corporation that has made
an election
under subchapter S of Chapter 1 of Subtitle
A of the
Internal
Revenue
Code
for its taxable year under that code, or a
partnership, limited
liability company, or any other person, other
than an
individual, trust, or estate, if the partnership, limited
liability company, or other person is not classified for federal
income tax purposes as an association taxed as a
corporation.
(P) "Electric company," "combined company," and "telephone
company" have the same
meanings as in section 5727.01
of the
Revised Code.
(Q) "Business income" means income arising from transactions,
activities, and sources in the regular course of a trade or
business and includes income from real property, tangible personal
property, and intangible personal property if the acquisition,
rental, management, and disposition of the property constitute
integral parts of the regular course of a trade or business
operation. "Business income" includes income, including gain or
loss, from a partial or complete liquidation of a business,
including, but not limited to, gain or loss from the sale or other
disposition of goodwill.
(R) "Nonbusiness income" means all income other than business
income.
Sec. 5733.58. (A) Terms used in this section have the same
meaning as in section 5725.33 of the Revised Code.
(B) There is hereby allowed a nonrefundable credit against
the tax imposed by section 5733.06 of the Revised Code for a
financial institution holding a qualified equity investment on the
credit allowance date occurring in the calendar year immediately
preceding the tax year for which the tax is due. The credit shall
be computed in the same manner prescribed for the computation of
credits allowed under section 5725.33 of the Revised Code.
The credit shall be claimed in the order prescribed by
section 5733.98 of the Revised Code. If the amount of the credit
exceeds the amount of tax otherwise due after deducting all other
credits in that order, the excess may be carried forward and
applied to the tax due for not more than four ensuing tax years.
(C) The total amount of qualified equity investments on the
basis of which credits may be claimed under this section and
sections 5725.33 and 5729.16 of the Revised Code is subject to the
limitation of division (C) of section 5725.33 of the Revised Code.
(D) The issuer of a qualified equity investment shall certify
to the director of development the anticipated dollar amount of
qualified low-income community investments to be made during the
first twelve-month period following the initial credit allowance
date. On the second credit allowance date, the director shall
increase or decrease the credits allowed for such investments as
necessary to account for differences between the actual dollar
amount of such investments and the anticipated amount certified by
the issuer.
(E) If any amount of the federal tax credit allowed for a
qualified equity investment for which a credit was received under
this section is recaptured under section 45D of the Internal
Revenue Code, or if the issuer of a qualified equity investment
for which a credit was claimed under this section redeems or
repays principal of the investment before the seventh anniversary
of its issuance, all or a portion of the credit received on
account of that investment shall be paid by the financial
institution that received the credit to the tax commissioner. The
amount to be recovered shall be determined by the director of
development pursuant to rules adopted under section 5725.33 of the
Revised Code. The director shall certify any amount due under this
division to the tax commissioner, and the commissioner shall
notify the financial institution of the amount due. The amount due
is payable not later than thirty days after the day the
commissioner issues the notice. The amount due shall be considered
to be tax due under section 5733.06 of the Revised Code, and may
be collected by assessment as prescribed by section 5733.11 of the
Revised Code. All amounts collected under this division shall be
credited as revenue from the tax levied under section 5733.06 of
the Revised Code.
Sec. 5733.59. (A) Any term used in this section has the same
meaning as in section 122.85 of the Revised Code.
(B) There is allowed a credit against the tax imposed by
section 5733.06 of the Revised Code for any corporation that is
the certificate owner of a tax credit certificate issued under
section 122.85 of the Revised Code. The credit shall be claimed
for the taxable year in which the certificate is issued by the
director of development. The credit amount equals the amount
stated in the certificate. The credit shall be claimed in the
order required under section 5733.98 of the Revised Code. If the
credit amount exceeds the tax otherwise due under section 5733.06
of the Revised Code after deducting all other credits in that
order, the excess shall be refunded.
(C) If, pursuant to division (G) of section 5733.01 of the
Revised Code, the corporation is not required to pay tax under
this chapter, the corporation may file an annual report under
section 5733.02 of the Revised Code and claim the credit
authorized by this section. Nothing in this section allows a
corporation to claim more than one credit per tax credit-eligible
production.
Sec. 5733.98. (A) To provide a uniform procedure for
calculating the amount of tax imposed by section 5733.06 of the
Revised Code
that is due under this chapter, a taxpayer
shall
claim any credits to which it is entitled in the following order,
except as otherwise provided in section 5733.058 of the Revised
Code:
(1) For tax year 2005, the credit for taxes paid by a
qualifying pass-through
entity allowed
under section 5733.0611 of
the Revised Code;
(2) The credit allowed for financial institutions under
section 5733.45 of the Revised Code;
(3) The credit for qualifying affiliated groups under
section
5733.068 of the Revised Code;
(4) The subsidiary corporation credit under section
5733.067
of the Revised Code;
(5) The savings and loan assessment credit under section
5733.063 of the Revised Code;
(6) The credit for recycling and litter prevention
donations
under section
5733.064 of the Revised Code;
(7) The credit for employers that enter into
agreements with
child day-care centers under section 5733.36 of the
Revised Code;
(8) The credit for employers that reimburse employee child
care expenses under section 5733.38 of the Revised
Code;
(9) The credit for maintaining railroad active grade
crossing
warning
devices under section 5733.43 of the Revised
Code;
(10) The credit for purchases of lights and reflectors under
section
5733.44 of the Revised Code;
(11) The job retention credit under division (B) of section
5733.0610 of the Revised Code;
(12) The credit for
tax years
2008 and 2009 for selling
alternative fuel under section 5733.48
of the
Revised Code;
(13) The second credit for purchases of new
manufacturing
machinery and equipment under
section 5733.33 of the
Revised Code;
(14) The job training credit under section 5733.42 of
the
Revised
Code;
(15) The credit for qualified research expenses under
section
5733.351 of
the Revised Code;
(16) The enterprise zone credit under section 5709.66 of
the
Revised Code;
(17) The credit for the eligible costs associated with a
voluntary action under section 5733.34
of the Revised Code;
(18) The credit for employers that establish on-site
child
day-care centers under section 5733.37 of the Revised
Code;
(19)
The ethanol plant investment credit under section
5733.46 of the Revised Code;
(20) The credit for purchases of qualifying grape
production
property under section 5733.32 of the Revised Code;
(21) The export sales credit under section 5733.069 of
the
Revised Code;
(22) The credit for research and development and
technology
transfer investors under section 5733.35 of the Revised
Code;
(23) The enterprise zone credits under section 5709.65
of
the
Revised Code;
(24) The credit for using Ohio coal under section
5733.39
of
the
Revised Code;
(25) The credit for purchases of qualified low-income
community investments under section 5733.58 of the Revised Code;
(26) The credit for small telephone companies under section
5733.57 of the Revised Code;
(26)(27) The credit for eligible nonrecurring 9-1-1 charges
under
section 5733.55 of the Revised Code;
(27)(28) For tax year 2005, the credit for providing programs
to
aid the communicatively impaired under division (A) of section
5733.56 of the Revised Code;
(28)(29) The research and development credit under section
5733.352 of the Revised Code;
(29)(30) For tax years 2006 and subsequent tax years, the
credit
for taxes paid by a qualifying pass-through entity allowed
under
section 5733.0611 of the Revised Code;
(30)(31) The refundable credit for rehabilitating a historic
building under section 5733.47 of the Revised Code;
(31)(32) The refundable jobs creation credit under
division
(A)
of section
5733.0610 of the Revised Code;
(32)(33) The refundable credit for tax withheld under
division
(B)(2) of section 5747.062 of the Revised Code;
(33)(34) The refundable credit under section 5733.49 of the
Revised Code for losses on loans made to the Ohio venture capital
program under sections 150.01 to 150.10 of the Revised Code;
(34)(35) For tax years 2006, 2007, and 2008, the refundable
credit allowable under division (B) of section 5733.56 of the
Revised Code;
(36) The refundable motion picture production credit under
section 5733.59 of the Revised Code.
(B) For any credit except the
credits enumerated
in divisions
(A)(30)(31) to (34)(36) of this section, the amount of the
credit
for a
tax year shall not
exceed
the tax due after allowing
for
any other
credit that
precedes it
in the order required under
this section.
Any excess
amount of a
particular credit may be
carried forward if
authorized
under the
section creating that
credit.
Sec. 5735.06. (A) On or before the last day of each
month,
each motor fuel dealer shall file with the
tax
commissioner a
report for the preceding calendar month, on forms
prescribed by
or
in a form acceptable to the tax commissioner.
The
report
shall
include the following information:
(1) An itemized statement of the number of gallons of all
motor fuel received during the preceding calendar month
by such
motor fuel dealer, which has been produced, refined, prepared,
distilled, manufactured, blended, or compounded by such motor fuel
dealer in
the state;
(2) An itemized statement of the number of gallons of all
motor fuel received by such motor fuel dealer in the
state from
any
source during the preceding calendar month, other than motor
fuel included in division (A)(1) of this section,
together with a
statement showing the date of receipt of such
motor fuel; the name
of the person from whom purchased or
received; the date of receipt
of each shipment of motor
fuel; the point of origin and the point
of destination of each
shipment; the quantity of each of said
purchases or shipments;
the name of the carrier; the number of
gallons contained in each
car if shipped by rail; the point of
origin, destination, and
shipper if shipped by pipe line; or the
name and owner of the
boat, barge, or vessel if shipped by water;
(3) An itemized statement of the number of gallons of
motor
fuel which such motor fuel dealer has during the
preceding
calendar month:
(a) For motor fuel other than gasoline sold for
use other
than for
operating motor vehicles on the
public highways or on
waters within the boundaries of this state;
(b) Exported from this state
to any
other state or foreign
country as provided in division
(A)(4) of section 5735.05 of
the
Revised Code;
(c) Sold to the United States government or any of its
agencies;
(d) Sold for delivery to
motor fuel dealers;
(e) Sold exclusively for use in the operation of
aircraft;.
(4) Such other information incidental to the enforcement
of
the motor fuel laws of the state as the commissioner
requires.
(B) The report shall show the tax due, computed as
follows:
(1) The following deductions shall be made from the total
number of gallons of motor fuel received by the motor
fuel dealer
within the state during the preceding calendar month:
(a) The total number of gallons of motor fuel
received by
the
motor fuel dealer within the state and sold or
otherwise
disposed
of during the preceding calendar month as set forth in
section
5735.05 of the Revised Code;
(b) The total number of gallons received during the
preceding
calendar month and sold or otherwise disposed of to
another
licensed
motor fuel dealer pursuant to section 5735.05 of
the
Revised Code;
(c) To cover the costs of the motor fuel dealer in compiling
the
report, and evaporation, shrinkage, or other unaccounted-for
losses:
(i) If the report is timely filed and or the tax is timely
paid, three per cent of the total number of gallons of motor
fuel
received by the motor fuel dealer within the state
during the
preceding calendar month less the total number of gallons
deducted
under divisions (B)(1)(a) and (b) of this section, less
one per
cent of the total number of gallons of motor fuel
that were sold
to a retail dealer during the preceding
calendar month;
(ii) If the report required by division (A) of this
section
is not timely filed and the tax is not timely paid, no
deduction
shall be allowed;
(iii) If the report is incomplete, no deduction shall be
allowed for any fuel on which the tax is not timely reported and
paid;.
(2) The number of gallons remaining after the deductions
have
been made shall be multiplied separately by each of the
following
amounts:
(a) The cents per gallon rate;
The sum of the products obtained in divisions (B)(2)(a) and
(b) of this section shall be the amount of motor fuel tax
for the
preceding calendar month.
(C) The report shall be filed together with payment of the
tax shown on the report to be due, unless the motor fuel dealer is
required
by section 5735.062 of the Revised Code to pay the tax by
electronic funds transfer, in which case the dealer shall file
the
report pursuant to this section and pay the tax pursuant to
section 5735.062 of the Revised Code. The commissioner may
extend
the time for filing reports and may remit all or part of
penalties
which may become due under sections 5735.01 to 5735.99
of the
Revised Code.
For
purposes of this
section and sections 5735.062
and 5735.12 of the
Revised Code, a
report required to be filed
under this section is
considered filed
when it is received by the
tax commissioner,
and remittance of the tax due is considered to
be made when the
remittance is received by the
tax commissioner
or
when credited
to an account designated by the treasurer of
state
and the tax commissioner for the
receipt of tax remittances.
The
tax commissioner shall immediately forward to the treasurer of
state all amounts received under this section.
(D) The tax commissioner may require a motor fuel dealer to
file a report for a period other than one month. Such a report,
together with payment of the tax, shall be filed not later than
thirty days after the last day of the prescribed reporting
period.
(E) No person required by this section to file a tax report
shall
file a false or fraudulent tax report or supporting
schedule.
Sec. 5735.142. (A)(1) Any person who uses any motor fuel,
on
which
the tax imposed by sections 5735.05, 5735.25, and
5735.29 of
the
Revised Code has been paid, for the purpose of
operating a
transit
bus shall be reimbursed in the amount of
the such tax paid
on motor
fuel used by public transportation
systems providing
transit or
paratransit service on a regular
and continuing basis
within the
state;
(2) A city, exempted village, joint vocational, or local
school district or educational service center that purchases any
motor fuel for school district or service center operations, on
which any tax imposed by section 5735.29 of the Revised Code that
became effective on or after July 1, 2003, has been paid, may, if
an application is filed under this section, be reimbursed in the
amount of all but two cents per gallon of the total tax imposed by
such section and paid on motor fuel.
(3) A county board of mental retardation and developmental
disabilities that, on or after July 1, 2005, purchases any motor
fuel for county board operations, on which any tax imposed by
section 5735.29 of the Revised Code has been paid may, if an
application is filed under this section, be reimbursed in the
amount of all but two cents per gallon of the total tax imposed by
such section and paid on motor fuel purchased on or after July 1,
2005.
(B) Such person, school district, educational service center,
or county board shall file with the tax commissioner an
application for refund within one year from
the
date of purchase,
stating the quantity of fuel used for operating
transit buses used
by local transit systems in
furnishing scheduled common carrier,
public passenger land
transportation service along regular routes
primarily in one or
more municipal corporations or for operating
vehicles used for school district, service center, or county board
operations. However, no
claim shall be made for the tax on fewer
than one hundred
gallons of motor
fuel. A school district,
educational service center, or county board shall not apply for a
refund for any tax paid on motor fuel that is sold by the
district, service center, or county board. The application shall
be accompanied by
the
statement described in section 5735.15 of
the Revised Code
showing the purchase, together with evidence of
payment thereof.
(C) After
consideration of the application and statement, the
commissioner shall determine the amount of refund
to which
the
applicant is entitled. If the amount is not less than that
claimed, the commissioner shall
certify
the
amount to the
director
of budget
and management and
treasurer of state for
payment from
the tax
refund fund
created by
section 5703.052 of
the Revised
Code.
If the amount is less
than that claimed, the
commissioner
shall proceed in accordance
with section 5703.70 of
the Revised
Code.
The
commissioner may
require that the application be
supported by
the affidavit of the
claimant. No refund shall be
authorized or
ordered for any single
claim for the tax on fewer
than one
hundred gallons of motor fuel. No refund shall be
authorized or ordered on motor fuel that is sold by a school
district, educational service center, or county board.
(D) The refund authorized by
this section
or section 5703.70
of
the Revised Code shall be reduced by the
cents per gallon
amount
of
any qualified fuel credit received
under section
5735.145 of
the
Revised Code, as determined by the
commissioner,
for each
gallon
of qualified fuel included in the
total gallonage
of motor
fuel upon which the refund is computed.
(E) The right to receive any refund under this section
or
section
5703.70 of the Revised Code is not
assignable. The payment
of
this refund shall not be made to any
person or entity other
than the person or entity
originally entitled thereto who used
the
motor fuel upon which the
claim for refund is based,
except
that
the refund when allowed and
certified, as provided in
this
section, may be paid to the
executor, the administrator, the
receiver, the trustee in
bankruptcy, or the assignee in
insolvency
proceedings of the
person.
Sec. 5739.01. As used in this chapter:
(A) "Person" includes individuals, receivers, assignees,
trustees in bankruptcy, estates, firms, partnerships,
associations, joint-stock companies, joint ventures, clubs,
societies, corporations, the state and its political
subdivisions,
and combinations of individuals of any form.
(B) "Sale" and "selling" include all of the following
transactions for a consideration in any manner, whether
absolutely
or conditionally, whether for a price or rental, in
money or by
exchange, and by any means whatsoever:
(1) All transactions by which title or possession, or
both,
of tangible personal property, is or is to be transferred,
or a
license to use or consume tangible personal property is or
is to
be granted;
(2) All transactions by which lodging by a hotel is or is
to
be furnished to transient guests;
(3) All transactions by which:
(a) An item of tangible personal property is or is to be
repaired, except property, the purchase of which would not be
subject to the tax imposed by section 5739.02 of the Revised Code;
(b) An item of tangible personal property is or is to be
installed, except property, the purchase of which would not be
subject to the tax imposed by section 5739.02 of the Revised Code
or
property that is or is to be incorporated into and will become
a
part of a production, transmission, transportation, or
distribution system for the delivery of a public utility service;
(c) The service of washing, cleaning, waxing, polishing,
or
painting a motor vehicle is or is to be furnished;
(d) Until August 1, 2003, industrial laundry cleaning
services are or are to be
provided and, on and after August 1,
2003, laundry and dry cleaning services are or are to be provided;
(e) Automatic data processing, computer services, or
electronic information services are or are to be provided for use
in business when the true object of the transaction is the
receipt
by the consumer of automatic data processing, computer
services,
or electronic information services rather than the
receipt of
personal or professional services to which automatic
data
processing, computer services, or electronic information
services
are incidental or supplemental. Notwithstanding any
other
provision of this chapter, such transactions that occur
between
members of an affiliated group are not sales. An
"affiliated
group"
means two or more persons related in such a way
that one
person
owns or controls the business operation of
another member
of the
group. In the case of corporations with
stock, one
corporation
owns or controls another if it owns more
than fifty
per cent of
the other corporation's common stock with
voting
rights.
(f) Telecommunications service, including prepaid calling
service, prepaid wireless calling service, or ancillary service,
is or is to be
provided, but not including
coin-operated
telephone
service;
(g) Landscaping and lawn care service is or is to be
provided;
(h) Private investigation and security service is or is to
be
provided;
(i) Information services or tangible personal property is
provided or ordered by means of a nine hundred telephone call;
(j) Building maintenance and janitorial service is or is
to
be provided;
(k) Employment service is or is to be provided;
(l) Employment placement service is or is to be provided;
(m) Exterminating service is or is to be provided;
(n) Physical fitness facility service is or is to be
provided;
(o) Recreation and sports club service is or is to be
provided;
(p) On and after August 1, 2003, satellite broadcasting
service is or is to be provided;
(q) On and after August 1, 2003, personal care service is or
is to be provided to an individual. As used in this division,
"personal care service" includes skin care, the application of
cosmetics, manicuring, pedicuring, hair removal, tattooing, body
piercing, tanning, massage, and other similar services. "Personal
care service" does not include a service provided by or on the
order of a licensed physician or licensed chiropractor, or the
cutting, coloring, or styling of an individual's hair.
(r) On and after August 1, 2003, the transportation of
persons by motor vehicle or aircraft is or is to be provided, when
the transportation is entirely within this state, except for
transportation provided by an ambulance service, by a transit bus,
as defined in section 5735.01 of the Revised Code, and
transportation provided by a citizen of the United States holding
a certificate of public convenience and necessity issued under 49
U.S.C. 41102;
(s) On and after August 1, 2003, motor vehicle towing service
is or is to be provided. As used in this division, "motor vehicle
towing service" means the towing or conveyance of a wrecked,
disabled, or illegally parked motor vehicle.
(t) On and after August 1, 2003, snow removal service is or
is to be provided. As used in this division, "snow removal
service" means the removal of snow by any mechanized means, but
does not include the providing of such service by a person that
has less than five thousand dollars in sales of such service
during the calendar year.
(u) Electronic publishing service is or is to be provided to
a consumer for use in business, except that such transactions
occurring between members of an affiliated group, as defined in
division (B)(3)(e) of this section, are not sales.
(4) All transactions by which printed, imprinted,
overprinted, lithographic, multilithic, blueprinted, photostatic,
or other productions or reproductions of written or graphic
matter
are or are to be furnished or transferred;
(5) The production or fabrication of tangible personal
property for a consideration for consumers who furnish either
directly or indirectly the materials used in the production of
fabrication work; and include the furnishing, preparing, or
serving for a consideration of any tangible personal property
consumed on the premises of the person furnishing, preparing, or
serving such tangible personal property. Except as provided in
section 5739.03 of the Revised Code, a construction contract
pursuant to which tangible personal property is or is to be
incorporated into a structure or improvement on and becoming a
part of real property is not a sale of such tangible personal
property. The construction contractor is the consumer of such
tangible personal property, provided that the sale and
installation of carpeting, the sale and installation of
agricultural land tile, the sale and erection or installation of
portable grain bins, or the provision of landscaping and lawn
care
service and the transfer of property as part of such service
is
never a construction contract.
As used in division (B)(5) of this section:
(a) "Agricultural land tile" means fired clay or concrete
tile, or flexible or rigid perforated plastic pipe or tubing,
incorporated or to be incorporated into a subsurface drainage
system appurtenant to land used or to be used directly in
production by farming, agriculture, horticulture, or
floriculture.
The term does not include such materials when they
are or are to
be incorporated into a drainage system appurtenant
to a building
or structure even if the building or structure is
used or to be
used in such production.
(b) "Portable grain bin" means a structure that is used or
to
be used by a person engaged in farming or agriculture to
shelter
the person's grain and that is designed to be
disassembled
without
significant damage to its component parts.
(6) All transactions in which all of the shares of stock
of
a
closely held corporation are transferred, if the corporation
is
not engaging in business and its entire assets consist of
boats,
planes, motor vehicles, or other tangible personal
property
operated primarily for the use and enjoyment of the
shareholders;
(7) All transactions in which a warranty, maintenance or
service contract, or similar agreement by which the vendor of the
warranty, contract, or agreement agrees to repair or maintain the
tangible personal property of the consumer is or is to be
provided;
(8) The transfer of copyrighted motion picture films used
solely for advertising purposes, except that the transfer of such
films for exhibition purposes is not a sale;
(9) On and after August 1, 2003, all transactions by which
tangible personal property is or is to be stored, except such
property that the consumer of the storage holds for sale in the
regular course of business;
(10) All transactions in which "guaranteed auto protection"
is provided whereby a person promises to pay to the consumer the
difference between the amount the consumer receives from motor
vehicle insurance and the amount the consumer owes to a person
holding title to or a lien on the consumer's motor vehicle in the
event the consumer's motor vehicle suffers a total loss under the
terms of the motor vehicle insurance policy or is stolen and not
recovered, if the protection and its price are included in the
purchase or lease agreement;
(11)(a) Except as provided in division (B)(11)(b) of this
section, on and after September 1, 2009, all transactions by which
health care services are paid for, reimbursed, provided,
delivered, arranged for, or otherwise made available by a medicaid
health insuring corporation pursuant to the corporation's contract
with the state.
(b) If the centers for medicare and medicaid services of the
United States department of health and human services determines
that the taxation of transactions described in division (B)(11)(a)
of this section constitutes an impermissible health care-related
tax under section 1903(w) of the "Social Security Act," 49 Stat.
620 (1935), 42 U.S.C. 1396b(w), as amended, and regulations
adopted thereunder, the director of job and family services shall
notify the tax commissioner of that determination. Beginning with
the first day of the month following that notification, the
transactions described in division (B)(11)(a) of this section are
not sales for the purposes of this chapter or Chapter 5741. of the
Revised Code. The tax commissioner shall order that the collection
of taxes under sections 5739.02, 5739.021, 5739.023, 5739.026,
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code
shall cease for transactions occurring on or after that date.
Except as provided in this section, "sale" and "selling" do
not include transfers of interest in leased property where the
original lessee and the terms of the original lease agreement
remain unchanged, or professional, insurance, or personal service
transactions that involve the transfer of tangible personal
property as an inconsequential element, for which no separate
charges are made.
(C) "Vendor" means the person providing the service or by
whom the transfer effected or license given by a sale is or is to
be made or given and, for sales described in division (B)(3)(i)
of
this section, the telecommunications service vendor that
provides
the nine hundred telephone service; if two or more
persons are
engaged in business at the same place of business
under a single
trade name in which all collections on account of
sales by each
are made, such persons shall constitute a single
vendor.
Physicians, dentists, hospitals, and veterinarians who are
engaged in selling tangible personal property as received from
others, such as eyeglasses, mouthwashes, dentifrices, or similar
articles, are vendors. Veterinarians who are engaged in
transferring to others for a consideration drugs, the dispensing
of which does not require an order of a licensed veterinarian or
physician under federal law, are vendors.
(D)(1) "Consumer" means the person for whom the service is
provided, to whom the transfer effected or license given by a
sale
is or is to be made or given, to whom the service described
in
division (B)(3)(f) or (i) of this section is charged, or to
whom
the admission is granted.
(2) Physicians, dentists, hospitals, and blood banks
operated
by nonprofit institutions and persons licensed to
practice
veterinary medicine, surgery, and dentistry are
consumers
of all
tangible personal property and services
purchased by them
in
connection with the practice of medicine,
dentistry, the
rendition
of hospital or blood bank service, or
the practice of
veterinary
medicine, surgery, and dentistry. In
addition to being
consumers
of drugs administered by them or by
their assistants
according to
their direction, veterinarians also
are consumers of
drugs that
under federal law may be dispensed
only by or upon the
order of a
licensed veterinarian or
physician, when transferred by
them to
others for a consideration
to provide treatment to animals
as
directed by the veterinarian.
(3) A person who performs a facility management, or
similar
service contract for a contractee is a consumer of all
tangible
personal property and services purchased for use in
connection
with the performance of such contract, regardless of
whether title
to any such property vests in the contractee. The
purchase of
such
property and services is not subject to the
exception for
resale
under division (E)(1) of this section.
(4)(a) In the case of a person who purchases printed
matter
for the purpose of distributing it or having it distributed to the
public or to a designated segment of the public, free of charge,
that person
is the consumer of that printed matter, and the
purchase of that printed
matter for that purpose is a sale.
(b) In the case of a person who produces, rather than
purchases, printed matter for the purpose of distributing it or
having it
distributed to the public or to a designated segment of
the public, free of
charge, that person is the consumer of all
tangible personal property and
services purchased for use
or
consumption in the production of that printed
matter. That
person
is not entitled to claim exemption under division
(B)(42)(f) of
section 5739.02 of the Revised Code for any
material incorporated
into the printed
matter or
any equipment,
supplies, or services
primarily used to produce the
printed
matter.
(c) The distribution of
printed matter to the public or to a
designated segment of the public, free of
charge, is not a sale to
the members of the public to whom the printed matter
is
distributed or to any persons who purchase space in the printed
matter for
advertising or other purposes.
(5) A person who makes sales of any of the services listed
in
division (B)(3) of this section is the consumer of any tangible
personal property used in performing the service. The purchase of
that
property is not subject to the resale exception under
division (E)(1)
of this section.
(6) A person who engages in highway transportation for hire
is the consumer of all packaging materials purchased by that
person and used in performing the service, except for packaging
materials sold by such person in a transaction separate from the
service.
(7) In the case of a transaction for health care services
under division (B)(11) of this section, a medicaid health insuring
corporation is the consumer of such services. The purchase of such
services by a medicaid health insuring corporation is not subject
to the exception for resale under division (E)(1) of this section
or to the exemptions provided under divisions (B)(12), (18), (19),
and (22) of section 5739.02 of the Revised Code.
(E) "Retail sale" and "sales at retail" include all sales,
except those in which the purpose of the consumer is to resell the
thing transferred or benefit of the
service provided, by a person
engaging in business, in the form
in
which the same is, or is to
be, received by the person.
(F) "Business" includes any activity engaged in by any
person
with the object of gain, benefit, or advantage, either
direct or
indirect. "Business" does not include the activity of
a
person in
managing and investing the person's own funds.
(G) "Engaging in business" means commencing, conducting,
or
continuing in business, and liquidating a business when the
liquidator thereof holds
itself out to the public as
conducting
such business. Making a casual sale is not engaging in
business.
(H)(1)(a) "Price," except as provided in divisions (H)(2)
and,
(3), and (4) of this section, means the total amount of
consideration,
including cash, credit, property, and services,
for which tangible
personal property or services are sold,
leased, or rented, valued
in money, whether received in money or
otherwise, without any
deduction for any of the following:
(i) The vendor's cost of the property sold;
(ii) The cost of materials used, labor or service costs,
interest, losses, all costs of transportation to the vendor, all
taxes imposed on the vendor, including the tax imposed under
Chapter 5751. of the Revised Code, and any other expense of the
vendor;
(iii) Charges by the vendor for any services necessary to
complete the sale;
(iv) On and after August 1, 2003, delivery charges. As used
in this division, "delivery charges" means charges by the vendor
for preparation and delivery to a location designated by the
consumer of tangible personal property or a service, including
transportation, shipping, postage, handling, crating, and packing.
(v) Installation charges;
(vi) Credit for any trade-in.
(b) "Price" includes consideration received by the vendor
from a third party, if the vendor actually receives the
consideration from a party other than the consumer, and the
consideration is directly related to a price reduction or discount
on the sale; the vendor has an obligation to pass the price
reduction or discount through to the consumer; the amount of the
consideration attributable to the sale is fixed and determinable
by the vendor at the time of the sale of the item to the consumer;
and one of the following criteria is met:
(i) The consumer presents a coupon, certificate, or other
document to the vendor to claim a price reduction or discount
where the coupon, certificate, or document is authorized,
distributed, or granted by a third party with the understanding
that the third party will reimburse any vendor to whom the coupon,
certificate, or document is presented;
(ii) The consumer identifies the consumer's self to the
seller as a member of a group or organization entitled to a price
reduction or discount. A preferred customer card that is available
to any patron does not constitute membership in such a group or
organization.
(iii) The price reduction or discount is identified as a
third party price reduction or discount on the invoice received by
the consumer, or on a coupon, certificate, or other document
presented by the consumer.
(c) "Price" does not include any of the following:
(i) Discounts, including cash, term, or coupons that are not
reimbursed by a third party that are allowed by a vendor and taken
by a consumer on a sale;
(ii) Interest, financing, and carrying charges from credit
extended on the sale of tangible personal property or services, if
the amount is separately stated on the invoice, bill of sale, or
similar document given to the purchaser;
(iii) Any taxes legally imposed directly on the consumer that
are separately stated on the invoice, bill of sale, or similar
document given to the consumer. For the purpose of this division,
the tax imposed under Chapter 5751. of the Revised Code is not a
tax directly on the consumer, even if the tax or a portion thereof
is separately stated.
(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this
section, any discount allowed by an automobile manufacturer to its
employee, or to the employee of a supplier, on the purchase of a
new motor vehicle from a new motor vehicle dealer in this state.
(2) In the case of a sale of any new motor vehicle by a
new
motor vehicle dealer, as defined in section 4517.01 of the
Revised
Code, in which another motor vehicle is accepted by the
dealer as
part of the consideration received, "price" has the
same meaning
as in division (H)(1) of this section, reduced by
the credit
afforded the consumer by the dealer for the motor
vehicle received
in trade.
(3) In the case of a sale of any watercraft or outboard
motor
by a watercraft dealer licensed in accordance with section
1547.543 of the Revised Code, in which another watercraft,
watercraft and trailer, or outboard motor is accepted by the
dealer as part of the consideration received, "price" has the
same
meaning as in division (H)(1) of this section, reduced by
the
credit afforded the consumer by the dealer for the
watercraft,
watercraft and trailer, or outboard motor received in
trade. As
used in this division, "watercraft" includes an outdrive unit
attached to the watercraft.
(4) In the case of transactions for health care services
under division (B)(11) of this section, "price" means the amount
of managed care premiums received each month by a medicaid health
insuring corporation.
(I) "Receipts" means the total amount of the prices of the
sales of vendors, provided that cash discounts allowed and taken
on sales at the time they are consummated are not included, minus
any amount deducted as a bad debt pursuant to section 5739.121 of
the Revised Code. "Receipts" does not include the sale price of
property returned or services rejected by consumers when the full
sale price and tax are refunded either in cash or by credit.
(J) "Place of business" means any location at which a
person
engages in business.
(K) "Premises" includes any real property or portion
thereof
upon which any person engages in selling tangible
personal
property at retail or making retail sales and also
includes any
real property or portion thereof designated for, or
devoted to,
use in conjunction with the business engaged in by
such person.
(L) "Casual sale" means a sale of an item of tangible
personal property
that was obtained by the person making the
sale,
through purchase or otherwise, for the person's own use and
was
previously subject to any state's taxing
jurisdiction on its
sale
or use, and includes such items acquired
for the seller's use
that
are sold by an auctioneer employed
directly by the person for
such
purpose, provided the location of
such sales is not the
auctioneer's permanent place of business.
As
used in this
division, "permanent place of business" includes
any
location
where such auctioneer has conducted more than two
auctions during
the year.
(M) "Hotel" means every establishment kept, used,
maintained,
advertised, or held out to the public to be a place
where sleeping
accommodations are offered to guests, in which
five
or more rooms
are
used for the accommodation of such guests,
whether
the rooms
are in one or several structures.
(N) "Transient guests" means persons occupying a room or
rooms for sleeping accommodations for less than thirty
consecutive
days.
(O) "Making retail sales" means the effecting of
transactions
wherein one party is obligated to pay the price and
the other
party is obligated to provide a service or to transfer
title to or
possession of the item sold. "Making retail sales"
does not
include the preliminary acts of promoting or soliciting
the retail
sales, other than the distribution of printed matter
which
displays or describes and prices the item offered for sale,
nor
does it include delivery of a predetermined quantity of
tangible
personal property or transportation of property or
personnel to or
from a place where a service is performed,
regardless of whether
the vendor is a delivery vendor.
(P) "Used directly in the rendition of a public utility
service" means that property that is to be incorporated into and
will become a part of the consumer's production, transmission,
transportation, or distribution system and
that retains its
classification as tangible personal property after such
incorporation; fuel or power used in the production,
transmission,
transportation, or distribution system; and
tangible personal
property used in the repair and maintenance of
the production,
transmission, transportation, or distribution
system, including
only such motor vehicles as are specially
designed and equipped
for such use. Tangible personal property
and services used
primarily in providing highway transportation
for hire are not
used directly in the rendition of a public utility service. In
this definition, "public utility" includes a citizen of the United
States holding, and required to hold, a certificate of public
convenience and necessity issued under 49 U.S.C. 41102.
(Q) "Refining" means removing or separating a desirable
product from raw or contaminated materials by distillation or
physical, mechanical, or chemical processes.
(R) "Assembly" and "assembling" mean attaching or fitting
together parts to form a product, but do not include packaging a
product.
(S) "Manufacturing operation" means a process in which
materials are changed, converted, or transformed into a different
state or form from which they previously existed and includes
refining materials, assembling parts, and preparing raw materials
and parts by mixing, measuring, blending, or otherwise committing
such materials or parts to the manufacturing process.
"Manufacturing operation" does not include packaging.
(T) "Fiscal officer" means, with respect to a regional
transit authority, the secretary-treasurer thereof, and with
respect to a county
that is a transit authority, the fiscal
officer of the county transit board if one is appointed pursuant
to
section 306.03 of the Revised Code or the county auditor if the
board of
county commissioners operates the county transit system.
(U) "Transit authority" means a regional transit authority
created pursuant to section 306.31 of the Revised Code or a
county
in which a county transit system is created pursuant to
section
306.01 of the Revised Code. For the purposes of this
chapter, a
transit authority must extend to at least the entire
area of a
single county. A transit authority
that includes
territory
in
more
than one county must include all the area of
the most
populous
county
that is a part of such transit
authority.
County
population
shall be measured by the most
recent census
taken by
the United
States census bureau.
(V) "Legislative authority" means, with respect to a
regional
transit authority, the board of trustees thereof, and
with respect
to a county
that is a transit authority, the
board
of county
commissioners.
(W) "Territory of the transit authority" means all of the
area included within the territorial boundaries of a transit
authority as they from time to time exist. Such territorial
boundaries must at all times include all the area of a single
county or all the area of the most populous county
that is a
part
of such transit authority. County population shall be
measured by
the most recent census taken by the United States
census bureau.
(X) "Providing a service" means providing or furnishing
anything described in division (B)(3) of this section for
consideration.
(Y)(1)(a) "Automatic data processing" means processing of
others' data, including keypunching or similar data entry
services
together with verification thereof, or providing access
to
computer equipment for the purpose of processing data.
(b) "Computer services" means providing services
consisting
of specifying computer hardware configurations and
evaluating
technical processing characteristics, computer
programming, and
training of computer programmers and operators,
provided in
conjunction with and to support the sale, lease, or
operation of
taxable computer equipment or systems.
(c) "Electronic information services" means providing
access
to computer equipment by means of telecommunications
equipment for
the purpose of either of the following:
(i) Examining or acquiring data stored in or accessible to
the computer equipment;
(ii) Placing data into the computer equipment to be
retrieved
by designated recipients with access to the computer
equipment.
For transactions occurring on or after the effective date of
the amendment of this section by H.B. 157 of the 127th general
assembly, December 21, 2007, "electronic information services"
does not include
electronic publishing as defined in division
(LLL) of this
section.
(d) "Automatic data processing, computer services, or
electronic information services" shall not include personal or
professional services.
(2) As used in divisions (B)(3)(e) and (Y)(1) of this
section, "personal and professional services" means all services
other than automatic data processing, computer services, or
electronic information services, including but not limited to:
(a) Accounting and legal services such as advice on tax
matters, asset management, budgetary matters, quality control,
information security, and auditing and any other situation where
the service provider receives data or information and studies,
alters, analyzes, interprets, or adjusts such material;
(b) Analyzing business policies and procedures;
(c) Identifying management information needs;
(d) Feasibility studies, including economic and technical
analysis of existing or potential computer hardware or software
needs and alternatives;
(e) Designing policies, procedures, and custom software
for
collecting business information, and determining how data
should
be summarized, sequenced, formatted, processed, controlled,
and
reported so that it will be meaningful to management;
(f) Developing policies and procedures that document how
business events and transactions are to be authorized, executed,
and controlled;
(g) Testing of business procedures;
(h) Training personnel in business procedure applications;
(i) Providing credit information to users of such
information
by a consumer reporting agency, as defined in the
"Fair Credit
Reporting Act," 84 Stat. 1114, 1129 (1970), 15
U.S.C.
1681a(f), or
as hereafter amended, including but not
limited to
gathering,
organizing, analyzing, recording, and
furnishing such
information
by any oral, written, graphic, or
electronic medium;
(j) Providing debt collection services by any oral,
written,
graphic, or electronic means.
The services listed in divisions (Y)(2)(a) to (j) of this
section are not automatic data processing or computer services.
(Z) "Highway transportation for hire" means the
transportation of personal property belonging to others for
consideration by any of the following:
(1) The holder of a permit or certificate issued by this
state or the United States authorizing the holder to engage in
transportation of personal property belonging to others for
consideration over or on highways, roadways, streets, or any
similar public thoroughfare;
(2) A person who engages in the transportation of personal
property belonging to others for consideration over or on
highways, roadways, streets, or any similar public thoroughfare
but who could not have engaged in such transportation on December
11, 1985, unless the person was the holder of a permit or
certificate of the types described in division (Z)(1) of this
section;
(3) A person who leases a motor vehicle to and operates it
for a person described by division (Z)(1) or (2) of this section.
(AA)(1) "Telecommunications service" means the electronic
transmission, conveyance, or routing of voice, data, audio, video,
or any other information or signals to a point, or between or
among points. "Telecommunications service" includes such
transmission, conveyance, or routing in which computer processing
applications are used to act on the form, code, or protocol of the
content for purposes of transmission, conveyance, or routing
without regard to whether the service is referred to as voice-over
internet protocol service or is classified by the federal
communications commission as enhanced or value-added.
"Telecommunications service" does not include any of the
following:
(a) Data processing and information services that allow data
to be generated, acquired, stored, processed, or retrieved and
delivered by an electronic transmission to a consumer where the
consumer's primary purpose for the underlying transaction is the
processed data or information;
(b) Installation or maintenance of wiring or equipment on a
customer's premises;
(c) Tangible personal property;
(d) Advertising, including directory advertising;
(e) Billing and collection services provided to third
parties;
(f) Internet access service;
(g) Radio and television audio and video programming
services, regardless of the medium, including the furnishing of
transmission, conveyance, and routing of such services by the
programming service provider. Radio and television audio and video
programming services include, but are not limited to, cable
service, as defined in 47 U.S.C. 522(6), and audio and video
programming services delivered by commercial mobile radio service
providers, as defined in 47 C.F.R. 20.3;
(i) Digital products delivered electronically, including
software, music, video, reading materials, or ring tones.
(2) "Ancillary service" means a service that is associated
with or incidental to the provision of telecommunications service,
including conference bridging service, detailed telecommunications
billing service, directory assistance, vertical service, and voice
mail service. As used in this division:
(a) "Conference bridging service" means an ancillary service
that links two or more participants of an audio or video
conference call, including providing a telephone number.
"Conference bridging service" does not include telecommunications
services used to reach the conference bridge.
(b) "Detailed telecommunications billing service" means an
ancillary service of separately stating information pertaining to
individual calls on a customer's billing statement.
(c) "Directory assistance" means an ancillary service of
providing telephone number or address information.
(d) "Vertical service" means an ancillary service that is
offered in connection with one or more telecommunications
services, which offers advanced calling features that allow
customers to identify callers and manage multiple calls and call
connections, including conference bridging service.
(e) "Voice mail service" means an ancillary service that
enables the customer to store, send, or receive recorded messages.
"Voice mail service" does not include any vertical services that
the customer may be required to have in order to utilize the voice
mail service.
(3) "900 service" means an inbound toll telecommunications
service purchased by a subscriber that allows the subscriber's
customers to call in to the subscriber's prerecorded announcement
or live service, and which is typically marketed under the name
"900" service and any subsequent numbers designated by the federal
communications commission. "900 service" does not include the
charge for collection services provided by the seller of the
telecommunications service to the subscriber, or services or
products sold by the subscriber to the subscriber's customer.
(4) "Prepaid calling service" means the right to access
exclusively telecommunications services, which must be paid for in
advance and which enables the origination of calls using an access
number or authorization code, whether manually or electronically
dialed, and that is sold in predetermined units of dollars of
which the number declines with use in a known amount.
(5) "Prepaid wireless calling service" means a
telecommunications service that provides the right to utilize
mobile telecommunications service as well as other
non-telecommunications services, including the download of digital
products delivered electronically, and content and ancillary
services, that must be paid for in advance and that is sold in
predetermined units of dollars of which the number declines with
use in a known amount.
(6) "Value-added non-voice data service" means a
telecommunications service in which computer processing
applications are used to act on the form, content, code, or
protocol of the information or data primarily for a purpose other
than transmission, conveyance, or routing.
(7) "Coin-operated telephone service" means a
telecommunications service paid for by inserting money into a
telephone accepting direct deposits of money to operate.
(8) "Customer" has the same meaning as in section 5739.034 of
the Revised Code.
(BB) "Laundry and dry cleaning services" means removing
soil
or dirt from towels, linens, articles of
clothing, or other fabric
items that belong to others and supplying towels, linens, articles
of clothing, or other fabric items. "Laundry and dry cleaning
services" does not include the provision of self-service
facilities for use by consumers to remove soil or dirt from
towels, linens, articles of clothing, or other fabric items.
(CC) "Magazines distributed as controlled circulation
publications" means magazines containing at least twenty-four
pages, at least twenty-five per cent editorial content, issued at
regular intervals four or more times a year, and circulated
without charge to the recipient, provided that such magazines are
not owned or controlled by individuals or business concerns which
conduct such publications as an auxiliary to, and essentially for
the advancement of the main business or calling of, those who own
or control them.
(DD) "Landscaping and lawn care service" means the
services
of planting, seeding, sodding, removing, cutting,
trimming,
pruning, mulching, aerating, applying chemicals,
watering,
fertilizing, and providing similar services to
establish, promote,
or control the growth of trees, shrubs,
flowers, grass, ground
cover, and other flora, or otherwise
maintaining a lawn or
landscape grown or maintained by the owner
for ornamentation or
other nonagricultural purpose. However,
"landscaping and lawn
care
service" does not include the
providing of such services by a
person who has less than five
thousand dollars in sales of such
services during the calendar
year.
(EE) "Private investigation and security service" means
the
performance of any activity for which the provider of such
service
is required to be licensed pursuant to Chapter 4749. of
the
Revised Code, or would be required to be so licensed in
performing
such services in this state, and also includes the
services of
conducting polygraph examinations and of monitoring
or overseeing
the activities on or in, or the condition of, the
consumer's home,
business, or other facility by means of
electronic or similar
monitoring devices. "Private investigation
and security service"
does not include special duty services
provided by off-duty police
officers, deputy sheriffs, and other
peace officers regularly
employed by the state or a political
subdivision.
(FF) "Information services" means providing conversation,
giving consultation or advice, playing or making a voice or other
recording, making or keeping a record of the number of callers,
and any other service provided to a consumer by means of a nine
hundred telephone call, except when the nine hundred telephone
call is the means by which the consumer makes a contribution to a
recognized charity.
(GG) "Research and development" means designing, creating,
or
formulating new or enhanced products, equipment, or
manufacturing
processes, and also means conducting scientific or
technological
inquiry and experimentation in the physical
sciences
with the goal
of increasing scientific knowledge which
may reveal
the bases for
new or enhanced products, equipment, or
manufacturing processes.
(HH) "Qualified research and development equipment" means
capitalized tangible personal property, and leased personal
property that would be capitalized if purchased, used by a person
primarily to perform research and development. Tangible personal
property primarily used in testing, as defined in division (A)(4)
of section 5739.011 of the Revised Code, or used for recording or
storing test results, is not qualified research and development
equipment unless such property is primarily used by the consumer
in testing the product, equipment, or manufacturing process being
created, designed, or formulated by the consumer in the research
and development activity or in recording or storing such test
results.
(II) "Building maintenance and janitorial service" means
cleaning the interior or exterior of a building and any tangible
personal property located therein or thereon, including any
services incidental to such cleaning for which no separate charge
is made. However, "building maintenance and janitorial service"
does not include the providing of such service by a person who
has
less than five thousand dollars in sales of such service
during
the calendar year.
(JJ) "Employment service" means providing or supplying
personnel, on a temporary or long-term basis, to perform work or
labor under the supervision or control of another, when the
personnel so provided or supplied receive their wages, salary, or
other
compensation from the provider or supplier of the employment
service or from a third party that provided or supplied the
personnel to the provider or supplier. "Employment
service" does
not include:
(1) Acting as a contractor or subcontractor, where the
personnel performing the work are not under the direct control of
the purchaser.
(2) Medical and health care services.
(3) Supplying personnel to a purchaser pursuant to a
contract
of at least one year between the service provider and
the
purchaser that specifies that each employee covered under the
contract is assigned to the purchaser on a permanent basis.
(4) Transactions between members of an affiliated group,
as
defined in division (B)(3)(e) of this section.
(5) Transactions where the personnel so provided or supplied
by a provider or supplier to a purchaser of an employment service
are then provided or supplied by that purchaser to a third party
as an employment service, except "employment service" does include
the transaction between that purchaser and the third party.
(KK) "Employment placement service" means locating or
finding
employment for a person or finding or locating an
employee
to fill
an available position.
(LL) "Exterminating service" means eradicating or
attempting
to eradicate vermin infestations from a building or
structure, or
the area surrounding a building or structure, and
includes
activities to inspect, detect, or prevent vermin
infestation of a
building or structure.
(MM) "Physical fitness facility service" means all
transactions by which a membership is granted, maintained, or
renewed, including initiation fees, membership dues, renewal
fees,
monthly minimum fees, and other similar fees and dues, by a
physical fitness facility such as an athletic club, health spa,
or
gymnasium, which entitles the member to use the facility for
physical exercise.
(NN) "Recreation and sports club service" means all
transactions by which a membership is granted, maintained, or
renewed, including initiation fees, membership dues, renewal
fees,
monthly minimum fees, and other similar fees and dues, by a
recreation and sports club, which entitles the member to use the
facilities of the organization. "Recreation and sports club"
means
an organization that has ownership of, or controls or
leases
on a
continuing, long-term basis, the facilities used by
its
members
and includes an aviation club, gun or shooting club,
yacht
club,
card club, swimming club, tennis club, golf club,
country
club,
riding club, amateur sports club, or similar
organization.
(OO) "Livestock" means farm animals commonly raised for
food
or food production, and includes but is not limited to
cattle,
sheep, goats, swine, and poultry. "Livestock" does not
include
invertebrates, fish, amphibians, reptiles, horses,
domestic pets,
animals for use in laboratories or for exhibition,
or other
animals not commonly raised for food or food production.
(PP) "Livestock structure" means a building or structure
used
exclusively for the housing, raising, feeding, or sheltering
of
livestock, and includes feed storage or handling structures
and
structures for livestock waste handling.
(QQ) "Horticulture" means the growing, cultivation, and
production of flowers, fruits, herbs, vegetables, sod, mushrooms,
and nursery stock. As used in this division, "nursery stock" has
the same meaning as in section 927.51 of the Revised Code.
(RR) "Horticulture structure" means a building or
structure
used exclusively for the commercial growing, raising,
or
overwintering of horticultural products, and includes the area
used for stocking, storing, and packing horticultural products
when done in conjunction with the production of those products.
(SS) "Newspaper" means an unbound publication bearing a
title
or
name that is regularly published, at least as frequently
as
biweekly, and
distributed from a fixed place of business to the
public in a specific
geographic area, and that contains a
substantial amount of news matter of
international, national, or
local events of interest to the general public.
(TT) "Professional
racing team" means a person that employs
at least twenty
full-time employees for the purpose of conducting
a motor
vehicle racing business for profit. The person must
conduct the
business with the purpose of racing one or more motor
racing
vehicles in at least ten competitive professional racing
events
each year that comprise all or part of a motor racing
series
sanctioned by one or more motor racing sanctioning
organizations. A "motor racing vehicle" means a vehicle for
which
the chassis, engine, and parts are designed
exclusively for motor
racing, and does not include a stock
or production model vehicle
that may be modified for use in
racing. For the purposes of this
division:
(1) A "competitive professional racing event" is a motor
vehicle racing event sanctioned by one or more motor racing
sanctioning organizations, at which aggregate cash prizes in
excess of eight hundred thousand dollars are awarded to
the
competitors.
(2) "Full-time employee" means an individual who is
employed
for consideration for thirty-five or more hours a week,
or who
renders any other standard of service generally accepted
by custom
or specified by contract as full-time
employment.
(UU)(1) "Lease" or "rental" means any transfer of the
possession or control of tangible
personal property for a fixed or
indefinite term, for consideration. "Lease" or "rental" includes
future options to purchase or extend, and agreements described in
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where
the amount of consideration may be increased or decreased by
reference to the amount realized upon the sale or disposition of
the property. "Lease" or "rental" does not include:
(a) A transfer of possession or control of tangible personal
property under a security agreement or a deferred payment plan
that requires the transfer of title upon completion of the
required payments;
(b) A transfer of possession or control of tangible personal
property under an agreement that requires the transfer of title
upon completion of required payments and payment of an option
price that does not exceed the greater of one hundred dollars or
one per cent of the total required payments;
(c) Providing tangible personal property along with an
operator for a fixed or indefinite period of time, if the operator
is necessary for the property to perform as designed. For purposes
of this division, the operator must do more than maintain,
inspect, or set-up the tangible personal property.
(2) "Lease" and "rental," as defined in division (UU) of this
section, shall not apply to leases or rentals that exist before
June 26, 2003.
(3) "Lease" and "rental" have the same meaning as in division
(UU)(1) of this section regardless of whether a transaction is
characterized as a lease or rental under generally accepted
accounting principles, the Internal Revenue Code, Title XIII of
the Revised Code, or other federal, state, or local laws.
(VV) "Mobile telecommunications service" has the same
meaning
as in the "Mobile Telecommunications Sourcing Act," Pub.
L.
No.
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as
amended, and,
on and after August 1, 2003, includes related fees and ancillary
services, including universal service fees, detailed billing
service, directory assistance, service initiation, voice mail
service, and vertical services, such as caller ID and three-way
calling.
(WW) "Certified service provider" has the same meaning as in
section 5740.01 of the Revised Code.
(XX) "Satellite broadcasting service" means the distribution
or broadcasting of programming or services by satellite directly
to the subscriber's receiving equipment without the use of ground
receiving or distribution equipment, except the subscriber's
receiving equipment or equipment used in the uplink process to the
satellite, and includes all service and rental charges, premium
channels or other special services, installation and repair
service charges, and any other charges having any connection with
the provision of the satellite broadcasting service.
(YY) "Tangible personal property" means personal property
that can be seen, weighed, measured, felt, or touched, or that is
in any other manner perceptible to the senses. For purposes of
this chapter and Chapter 5741. of the Revised Code, "tangible
personal property" includes motor vehicles, electricity, water,
gas, steam, and prewritten computer software.
(ZZ) "Direct mail" means printed material delivered or
distributed by United States mail or other delivery service to a
mass audience or to addressees on a mailing list provided by the
consumer or at the direction of the consumer when the cost of the
items are not billed directly to the recipients. "Direct mail"
includes tangible personal property supplied directly or
indirectly by the consumer to the direct mail vendor for inclusion
in the package containing the printed material. "Direct mail" does
not include multiple items of printed material delivered to a
single address.
(AAA) "Computer" means an electronic device that accepts
information in digital or similar form and manipulates it for a
result based on a sequence of instructions.
(BBB) "Computer software" means a set of coded instructions
designed to cause a computer or automatic data processing
equipment to perform a task.
(CCC) "Delivered electronically" means delivery of computer
software from the seller to the purchaser by means other than
tangible storage media.
(DDD) "Prewritten computer software" means computer software,
including prewritten upgrades, that is not designed and developed
by the author or other creator to the specifications of a specific
purchaser. The combining of two or more prewritten computer
software programs or prewritten portions thereof does not cause
the combination to be other than prewritten computer software.
"Prewritten computer software" includes software designed and
developed by the author or other creator to the specifications of
a specific purchaser when it is sold to a person other than the
purchaser. If a person modifies or enhances computer software of
which the person is not the author or creator, the person shall be
deemed to be the author or creator only of such person's
modifications or enhancements. Prewritten computer software or a
prewritten portion thereof that is modified or enhanced to any
degree, where such modification or enhancement is designed and
developed to the specifications of a specific purchaser, remains
prewritten computer software; provided, however, that where there
is a reasonable, separately stated charge or an invoice or other
statement of the price given to the purchaser for the modification
or enhancement, the modification or enhancement shall not
constitute prewritten computer software.
(EEE)(1)
"Food"
means substances, whether in liquid,
concentrated, solid, frozen, dried, or dehydrated form, that are
sold for ingestion or chewing by humans and are consumed for their
taste or nutritional value. "Food" does not include alcoholic
beverages, dietary supplements, soft drinks, or tobacco.
(2) As used in division (EEE)(1) of this section:
(a) "Alcoholic beverages" means beverages that are suitable
for human consumption and contain one-half of one per cent or more
of alcohol by volume.
(b) "Dietary supplements" means any product, other than
tobacco, that is intended to supplement the diet and that is
intended for ingestion in tablet, capsule, powder, softgel,
gelcap, or liquid form, or, if not intended for ingestion in such
a form, is not represented as conventional food for use as a sole
item of a meal or of the diet; that is required to be labeled as a
dietary supplement, identifiable by the "supplement facts" box
found on the label, as required by 21 C.F.R. 101.36; and that
contains one or more of the following dietary ingredients:
(iii) An herb or other botanical;
(v) A dietary substance for use by humans to supplement the
diet by increasing the total dietary intake;
(vi) A concentrate, metabolite, constituent, extract, or
combination of any ingredient described in divisions
(EEE)(2)(b)(i) to (v) of this section.
(c) "Soft drinks" means nonalcoholic beverages that contain
natural or artificial sweeteners. "Soft drinks" does not include
beverages that contain milk or milk products, soy, rice, or
similar milk substitutes, or that contains greater than fifty per
cent vegetable or fruit juice by volume.
(d) "Tobacco" means cigarettes, cigars, chewing or pipe
tobacco, or any other item that contains tobacco.
(FFF) "Drug" means a compound, substance, or preparation, and
any component of a compound, substance, or preparation, other than
food, dietary supplements, or alcoholic beverages that is
recognized in the official United States pharmacopoeia, official
homeopathic pharmacopoeia of the United States, or official
national formulary, and supplements to them; is intended for use
in the diagnosis, cure, mitigation, treatment, or prevention of
disease; or is intended to affect the structure or any function of
the body.
(GGG) "Prescription" means an order, formula, or recipe
issued in any form of oral, written, electronic, or other means of
transmission by a duly licensed practitioner authorized by the
laws of this state to issue a prescription.
(HHH) "Durable medical equipment" means equipment, including
repair and replacement parts for such equipment, that can
withstand repeated use, is primarily and customarily used to serve
a medical purpose, generally is not useful to a person in the
absence of illness or injury, and is not worn in or on the body.
"Durable medical equipment" does not include mobility enhancing
equipment.
(III) "Mobility enhancing equipment" means equipment,
including repair and replacement parts for such equipment, that is
primarily and customarily used to provide or increase the ability
to move from one place to another and is appropriate for use
either in a home or a motor vehicle, that is not generally used by
persons with normal mobility, and that does not include any motor
vehicle or equipment on a motor vehicle normally provided by a
motor vehicle manufacturer. "Mobility enhancing equipment" does
not include durable medical equipment.
(JJJ) "Prosthetic device" means a replacement, corrective, or
supportive device, including repair and replacement parts for the
device, worn on or in the human body to artificially
replace a
missing portion of the body, prevent or correct physical deformity
or malfunction, or support a weak or deformed portion of the body.
As used in this division, "prosthetic device" does not include
corrective eyeglasses, contact lenses, or dental prosthesis.
(KKK)(1) "Fractional aircraft ownership program" means a
program in which persons within an affiliated group sell and
manage fractional ownership program aircraft, provided that at
least one hundred airworthy aircraft are operated in the program
and the program meets all of the following criteria:
(a) Management services are provided by at least one program
manager within an affiliated group on behalf of the fractional
owners.
(b) Each program aircraft is owned or possessed by at least
one fractional owner.
(c) Each fractional owner owns or possesses at least a
one-sixteenth interest in at least one fixed-wing program
aircraft.
(d) A dry-lease aircraft interchange arrangement is in
effect
among all of the fractional owners.
(e) Multi-year program agreements are in effect regarding the
fractional ownership, management services, and dry-lease aircraft
interchange arrangement aspects of the program.
(2) As used in division (KKK)(1) of this section:
(a) "Affiliated group" has the same meaning as in division
(B)(3)(e) of this section.
(b) "Fractional owner" means a person that owns or possesses
at least a one-sixteenth interest in a program aircraft and has
entered into the agreements described in division (KKK)(1)(e) of
this section.
(c) "Fractional ownership program aircraft" or "program
aircraft" means a turbojet aircraft that is owned or possessed by
a fractional owner and that has been included in a dry-lease
aircraft interchange arrangement and agreement under divisions
(KKK)(1)(d) and (e) of this section, or an aircraft a program
manager owns or possesses primarily for use in a fractional
aircraft ownership program.
(d) "Management services" means administrative and aviation
support services furnished under a fractional aircraft ownership
program in accordance with a management services agreement under
division (KKK)(1)(e) of this section, and offered by the program
manager to the fractional owners, including, at a minimum, the
establishment and implementation of safety guidelines; the
coordination of the scheduling of the program aircraft and crews;
program aircraft maintenance; program aircraft insurance; crew
training for crews employed, furnished, or contracted by the
program manager or the fractional owner; the satisfaction of
record-keeping requirements; and the development and use of an
operations manual and a maintenance manual for the fractional
aircraft ownership program.
(e) "Program manager" means the person that offers management
services to fractional owners pursuant to a management services
agreement under division (KKK)(1)(e) of this section.
(LLL) "Electronic publishing" means providing access to
one
or more of the following primarily for business customers,
including the federal government or a state government or a
political subdivision thereof, to conduct research: news;
business, financial, legal, consumer, or credit materials;
editorials, columns, reader commentary, or features; photos or
images; archival or research material; legal notices, identity
verification, or public records; scientific, educational,
instructional, technical, professional, trade, or other literary
materials; or other similar information which has been gathered
and made available by the provider to the consumer in an
electronic format. Providing electronic publishing includes the
functions necessary for the acquisition, formatting, editing,
storage, and dissemination of data or information that is the
subject of a sale.
(MMM) "Medicaid health insuring corporation" means a health
insuring corporation that holds a certificate of authority under
Chapter 1751. of the Revised Code and is under contract with the
department of job and family services pursuant to section 5111.17
of the Revised Code.
(NNN) "Managed care premium" means any premium, capitation,
or other payment a medicaid health insuring corporation receives
for providing or arranging for the provision of health care
services to its members or enrollees residing in this state.
Sec. 5739.02. For the purpose of providing revenue with
which to meet the needs of the state, for the use of the general
revenue
fund of the state, for the purpose of securing a thorough
and
efficient system of common schools throughout the state, for
the purpose of affording revenues, in addition to those from
general property taxes, permitted under constitutional
limitations, and from other sources, for the support of local
governmental functions, and for the purpose of reimbursing the
state for the expense of administering this chapter, an excise
tax
is hereby levied on each retail sale made in this state.
(A)(1) The tax shall be collected as provided
in
section
5739.025 of the Revised Code. The rate of the tax
shall be
five
and one-half per cent. The tax applies and is
collectible
when
the sale is made,
regardless of the time when
the price is
paid
or delivered.
(2) In the case of the lease or rental, with a fixed term of
more than thirty days or an indefinite term with a minimum period
of more than thirty days, of any motor vehicles designed by the
manufacturer to carry a load of not more than one ton, watercraft,
outboard motor, or aircraft, or of any tangible personal property,
other than motor vehicles designed by the manufacturer to carry a
load of more than one ton, to be used by the lessee or renter
primarily for business purposes, the tax shall be collected by the
vendor at the time the lease or rental is consummated and shall be
calculated by the vendor on the basis of the total amount to be
paid by the lessee or renter under the lease agreement. If the
total amount of the consideration for the lease or rental includes
amounts that are not calculated at the time the lease or rental is
executed, the tax shall be calculated and collected by the vendor
at the time such amounts are billed to the lessee or renter. In
the case of an open-end lease or rental, the tax shall be
calculated by the vendor on the basis of the total amount to be
paid during the initial fixed term of the lease or rental, and for
each subsequent renewal period as it comes due. As used in this
division, "motor vehicle" has the same meaning as in section
4501.01 of the Revised Code, and "watercraft" includes an outdrive
unit attached to the watercraft.
A lease with a renewal clause and a termination penalty or
similar provision that applies if the renewal clause is not
exercised is presumed to be a sham transaction. In such a case,
the tax shall be calculated and paid on the basis of the entire
length of the lease period, including any renewal periods, until
the termination penalty or similar provision no longer applies.
The taxpayer shall bear the burden, by a preponderance of the
evidence, that the transaction or series of transactions is not a
sham transaction.
(3) Except as provided in division (A)(2) of this section, in
the case of a sale, the price of which consists in whole
or in
part of the lease or rental of tangible personal property, the
tax
shall be measured by the
installments
of that lease or rental.
(4) In the case of a sale of a physical fitness facility
service or recreation and sports club service, the price of
which
consists in whole or in part of a membership for the
receipt
of
the benefit of the service, the tax applicable to the
sale
shall
be measured by the installments thereof.
(B) The tax does not apply to the following:
(1) Sales to the state or any of its political
subdivisions,
or to any other state or its political subdivisions
if the laws of
that state exempt from taxation sales made to this
state and its
political subdivisions;
(2) Sales of food for human consumption off the premises
where sold;
(3) Sales of food sold to students only in a cafeteria,
dormitory, fraternity, or sorority maintained in a private,
public, or parochial school, college, or university;
(4) Sales of newspapers and of magazine subscriptions and
sales or transfers of magazines
distributed as controlled
circulation publications;
(5) The furnishing, preparing, or serving of meals without
charge by an employer to an employee provided the employer
records
the meals as part compensation for services performed or
work
done;
(6) Sales of motor fuel upon receipt, use,
distribution, or
sale of which in this state a tax is imposed by
the law of this
state, but this exemption shall not apply to the
sale of motor
fuel on which a refund of the tax is
allowable under division (A)
of section
5735.14 of the Revised Code; and the tax
commissioner
may deduct
the amount of tax levied by this section
applicable to
the price
of motor fuel when granting a
refund of motor fuel tax
pursuant to division (A) of
section 5735.14 of
the Revised Code
and shall cause the amount
deducted to be paid
into the general
revenue fund of this state;
(7) Sales of natural gas by a natural gas company, of water
by a water-works
company, or of steam by a heating company, if in
each case the
thing sold is delivered to consumers through pipes
or
conduits, and all sales of communications services by a
telegraph company, all terms as defined in section
5727.01 of
the
Revised Code, and sales of electricity delivered through wires;
(8) Casual sales by a person, or auctioneer employed
directly
by the person to conduct such sales, except as to
such
sales of
motor vehicles, watercraft or outboard motors required to
be
titled under section 1548.06 of the Revised Code, watercraft
documented with the United States coast guard, snowmobiles, and
all-purpose vehicles as defined in section 4519.01 of the Revised
Code;
(9)(a) Sales of services or tangible personal property, other
than motor vehicles, mobile homes, and manufactured
homes, by
churches, organizations exempt from taxation under
section
501(c)(3) of the Internal Revenue
Code of 1986, or
nonprofit
organizations operated exclusively for charitable
purposes as
defined in division (B)(12) of this section, provided
that the
number of days on which such tangible personal property
or
services, other than items never subject to the tax, are sold
does
not exceed six in any calendar year, except as otherwise provided
in division (B)(9)(b) of this section. If the number of days
on
which such sales are made exceeds six in any calendar year,
the
church or organization shall be considered to be engaged in
business and all subsequent sales by it shall be subject to the
tax. In counting the number of days, all sales by groups within
a
church or within an organization shall be considered to be
sales
of that church or organization.
(b) The limitation on the number of days on which tax-exempt
sales may be made by a church or organization under division
(B)(9)(a) of this section does not apply to sales made by
student
clubs and other groups of students of a primary
or
secondary
school, or a parent-teacher
association,
booster group, or similar
organization that raises
money to
support or fund curricular or
extracurricular activities
of a
primary or secondary school.
(c) Divisions (B)(9)(a) and (b) of this section do not apply
to sales by a
noncommercial educational radio or television
broadcasting
station.
(10) Sales not within the taxing power of this state under
the Constitution of the United States;
(11) Except for transactions that are sales under division
(B)(3)(r) of section 5739.01 of the Revised Code, the
transportation of persons or property, unless the
transportation
is by a private investigation and security
service;
(12) Sales of tangible personal property or services to
churches, to organizations exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986, and to any other
nonprofit organizations operated exclusively for charitable
purposes in this state, no part of the net income of which inures
to the benefit of any private shareholder or individual, and no
substantial part of the activities of which consists of carrying
on propaganda or otherwise attempting to influence legislation;
sales to offices administering one or more homes for the aged or
one or more hospital facilities exempt under section 140.08 of
the
Revised Code; and sales to organizations described in
division (D)
of section 5709.12 of the Revised Code.
"Charitable purposes" means the relief of poverty; the
improvement of health through the alleviation of illness,
disease,
or injury; the operation of an organization
exclusively
for the
provision of professional, laundry, printing, and
purchasing
services to hospitals or charitable institutions;
the
operation of
a home for the aged, as defined in section 5701.13
of the Revised
Code; the operation of a radio or television
broadcasting station
that is licensed by the federal
communications commission as a
noncommercial educational radio or
television station; the
operation of a nonprofit animal
adoption service or a county
humane society; the promotion of
education by an institution of
learning that maintains a faculty of
qualified instructors,
teaches regular continuous courses of study, and
confers a
recognized diploma upon completion of a specific
curriculum; the
operation of a parent-teacher association,
booster group, or
similar organization primarily engaged in the
promotion and
support of the curricular or extracurricular
activities of a
primary or secondary school; the operation of a
community or area
center in which presentations in music,
dramatics, the arts, and
related fields are made in order to
foster public interest and
education therein; the production of
performances in music,
dramatics, and the arts; or the
promotion of education by an
organization engaged in carrying on research
in, or the
dissemination of, scientific and technological
knowledge and
information primarily for the public.
Nothing in this division shall be deemed to exempt sales to
any organization for use in the operation or carrying on of a
trade or business, or sales to a home for the aged for use in the
operation of independent living facilities as defined in division
(A) of section 5709.12 of the Revised Code.
(13) Building and construction materials and services sold
to
construction contractors for incorporation into a structure or
improvement to real property under a construction contract with
this state or a political subdivision
of this state, or
with the
United
States government or any of its agencies; building
and
construction materials and services sold to construction
contractors for incorporation into a structure or improvement to
real property that are accepted for ownership by this
state or
any
of its political subdivisions, or by the United States
government
or any of its agencies at the time of completion of
the
structures
or improvements; building and construction
materials
sold to
construction contractors for incorporation into
a
horticulture
structure or livestock structure for a person
engaged
in the
business of horticulture or producing livestock;
building
materials and services sold to a construction contractor
for
incorporation into a house of public worship or religious
education, or a building used exclusively for charitable purposes
under a construction contract with an organization whose purpose
is as described in division (B)(12) of this section; building
materials and
services sold to a construction contractor for
incorporation into a building
under a construction contract with
an organization exempt from taxation under
section 501(c)(3) of
the Internal Revenue
Code of 1986 when the building is to be used
exclusively for the
organization's exempt purposes; building and
construction materials sold for incorporation into the original
construction of a sports facility under section 307.696 of the
Revised Code; and building and construction materials and
services
sold to a construction contractor for incorporation into
real
property outside this state if such materials and services,
when
sold to a construction contractor in the state in which the
real
property is located for incorporation into real property in
that
state, would be exempt from a tax on sales levied by that
state;
(14) Sales of ships or vessels or rail rolling stock used or
to be
used principally in interstate or foreign commerce, and
repairs,
alterations, fuel, and lubricants for such ships or
vessels or rail rolling
stock;
(15) Sales to persons primarily engaged in any of the
activities
mentioned in division (B)(42)(a) or (g) of this
section, to persons engaged in making retail sales, or to
persons
who purchase for sale from a manufacturer tangible
personal
property that was produced by the manufacturer in
accordance with
specific designs provided by the purchaser, of
packages, including
material, labels, and parts for packages, and
of
machinery,
equipment, and material for use primarily in
packaging
tangible
personal property produced for sale, including
any machinery,
equipment, and supplies used to make labels or
packages, to
prepare packages
or products for labeling, or to
label packages or
products, by or on the order
of the person doing
the packaging, or
sold at retail.
"Packages"
includes bags,
baskets, cartons,
crates, boxes, cans, bottles,
bindings,
wrappings, and other
similar devices and containers, but does not include motor
vehicles or bulk tanks, trailers, or similar devices attached to
motor vehicles. "Packaging" means placing in a package. Division
(B)(15) of this section does not apply to persons engaged in
highway transportation for hire.
(16) Sales of food to persons using food stamp supplemental
nutrition assistance program
benefits to
purchase the food. As
used in this division,
"food" has the same
meaning as in the
"Food Stamp
Act of 1977,"
91
Stat. 958, 7 U.S.C.
2012, as
amended, and federal
regulations
adopted pursuant to that
act the
Food and Nutrition Act of 2008.
(17) Sales to persons engaged in farming, agriculture,
horticulture, or floriculture, of tangible personal property for
use or consumption directly in the production by farming,
agriculture, horticulture, or floriculture of other tangible
personal property for use or consumption directly in the
production of tangible personal property for sale by farming,
agriculture, horticulture, or floriculture; or material and parts
for incorporation into any such tangible personal property for
use
or consumption in production; and of tangible personal
property
for such use or consumption in the conditioning or
holding of
products produced by and for such use, consumption, or
sale by
persons engaged in farming, agriculture, horticulture, or
floriculture, except where such property is incorporated into real
property;
(18) Sales of drugs for a human being that may be dispensed
only pursuant to a prescription;
insulin as recognized in the
official
United States pharmacopoeia; urine and blood testing
materials
when used by diabetics or persons with hypoglycemia to
test for
glucose or acetone; hypodermic syringes and needles when
used by
diabetics for insulin injections; epoetin alfa when
purchased for
use in
the treatment of persons with medical
disease;
hospital
beds when purchased
by hospitals, nursing homes,
or other medical facilities;
and medical oxygen and medical
oxygen-dispensing
equipment when purchased by hospitals, nursing
homes, or other medical facilities;
(19) Sales of prosthetic devices, durable medical equipment
for home use, or mobility enhancing equipment, when made pursuant
to a prescription and when such devices or equipment are for use
by a human being.
(20) Sales of emergency and fire protection vehicles and
equipment to nonprofit organizations for use solely in providing
fire protection and emergency services, including trauma care and
emergency
medical services, for political subdivisions of the
state;
(21) Sales of tangible personal property manufactured in
this
state, if sold by the manufacturer in this state to a
retailer for
use in the retail business of the retailer outside of
this state
and
if possession is taken from the manufacturer by the
purchaser
within this state for the sole purpose of immediately
removing
the
same from this state in a vehicle owned by the
purchaser;
(22) Sales of services provided by the state or any of its
political subdivisions, agencies, instrumentalities,
institutions,
or authorities, or by governmental entities of the
state or any of
its political subdivisions, agencies,
instrumentalities,
institutions, or authorities;
(23) Sales of motor vehicles to nonresidents of this state
under the circumstances described
in division (B) of section
5739.029 of the Revised Code;
(24) Sales to persons engaged in the preparation of eggs
for
sale of tangible personal property used or consumed directly
in
such preparation, including such tangible personal property
used
for cleaning, sanitizing, preserving, grading, sorting, and
classifying by size; packages, including material and parts for
packages, and machinery, equipment, and material for use in
packaging eggs for sale; and handling and transportation
equipment
and parts therefor, except motor vehicles licensed to
operate on
public highways, used in intraplant or interplant
transfers or
shipment of eggs in the process of preparation for
sale, when the
plant or plants within or between which such
transfers or
shipments occur are operated by the same person.
"Packages"
includes containers, cases, baskets, flats, fillers,
filler flats,
cartons, closure materials, labels, and labeling
materials, and
"packaging" means placing therein.
(25)(a) Sales of water to a consumer for residential use,
except the sale of bottled water, distilled water, mineral water,
carbonated water, or ice;
(b) Sales of water by a nonprofit corporation engaged
exclusively in the treatment, distribution, and sale of water to
consumers, if such water is delivered to consumers through pipes
or tubing.
(26) Fees charged for inspection or reinspection of motor
vehicles under section 3704.14 of the Revised Code;
(27) Sales to persons licensed to conduct a food service
operation pursuant to section 3717.43 of the Revised Code, of
tangible personal property primarily used directly for the
following:
(a) To prepare food for human consumption for sale;
(b) To preserve food that has been or will be prepared
for
human consumption for sale by the food service operator, not
including tangible personal property used to display food for
selection by the consumer;
(c) To clean tangible personal property used to prepare or
serve food for human consumption for sale.
(28) Sales of animals by nonprofit animal adoption
services
or county humane societies;
(29) Sales of services to a corporation described in
division
(A) of section 5709.72 of the Revised Code, and sales of
tangible
personal property that qualifies for exemption from
taxation under
section 5709.72 of the Revised Code;
(30) Sales and installation of agricultural land tile, as
defined in division (B)(5)(a) of section 5739.01 of the Revised
Code;
(31) Sales and erection or installation of portable grain
bins, as defined in division (B)(5)(b) of section 5739.01 of the
Revised Code;
(32) The sale, lease, repair, and maintenance of, parts
for,
or items attached to or incorporated in, motor
vehicles
that
are
primarily used for transporting tangible personal property
belonging to others by
a
person engaged in highway transportation
for hire, except for packages and packaging used for the
transportation of tangible personal property;
(33) Sales to the state headquarters of any veterans'
organization in
this state that is either incorporated and
issued
a
charter by the congress of the United States or is
recognized by
the United States veterans administration, for use
by the
headquarters;
(34) Sales to a telecommunications service vendor, mobile
telecommunications service vendor, or satellite broadcasting
service vendor of
tangible personal property and services used
directly and
primarily in transmitting, receiving, switching, or
recording any
interactive, one- or two-way electromagnetic
communications, including
voice, image, data, and information,
through the use of any
medium, including, but not limited to,
poles, wires, cables,
switching equipment, computers, and record
storage devices and
media, and component parts for the tangible
personal property.
The exemption provided in this division
shall
be in lieu of all other exemptions under division (B)(42)(a) of
this
section to which the vendor may otherwise be entitled, based
upon the use of
the
thing purchased in providing the
telecommunications, mobile telecommunications, or satellite
broadcasting service.
(35)(a) Sales where the purpose of the consumer is to use
or
consume the things transferred in making retail sales and
consisting of newspaper inserts, catalogues, coupons, flyers,
gift
certificates, or other advertising material that
prices and
describes tangible personal property offered for retail sale.
(b) Sales to direct marketing vendors of preliminary
materials such as photographs, artwork, and typesetting that will
be used in printing advertising material; of printed matter that
offers free merchandise or chances to win sweepstake prizes and
that is mailed to potential customers with advertising material
described in division (B)(35)(a) of this section; and of
equipment
such as telephones, computers, facsimile machines, and
similar
tangible personal property primarily used to accept
orders for
direct marketing retail sales.
(c) Sales of automatic food vending machines that preserve
food with a shelf life of forty-five days or less by
refrigeration
and dispense it to the consumer.
For purposes of division (B)(35) of this section,
"direct
marketing" means the method of selling where consumers order
tangible personal property by United States mail, delivery
service, or telecommunication and the vendor delivers or ships
the
tangible personal property sold to the consumer from a
warehouse,
catalogue distribution center, or similar fulfillment
facility by
means of the United States mail, delivery service, or
common
carrier.
(36) Sales to a person engaged in the business of
horticulture or producing livestock of materials to be
incorporated into a horticulture structure or livestock
structure;
(37) Sales of personal computers, computer monitors,
computer
keyboards,
modems, and other peripheral computer
equipment to an
individual who is
licensed or certified to teach
in an elementary
or a secondary school in this
state for use by
that individual in
preparation for teaching elementary or
secondary school students;
(38) Sales to a professional racing team of any of the
following:
(a) Motor racing vehicles;
(b) Repair services for motor racing
vehicles;
(c) Items of property that are
attached to or incorporated
in
motor racing vehicles, including
engines, chassis, and all
other
components of the vehicles, and
all spare, replacement, and
rebuilt parts or components of the
vehicles; except not including
tires, consumable fluids, paint,
and accessories consisting of
instrumentation sensors and
related items added to the vehicle to
collect and transmit data
by means of telemetry and other forms of
communication.
(39) Sales of used manufactured homes and used mobile
homes,
as
defined in section 5739.0210 of the Revised Code, made on or
after
January 1, 2000;
(40) Sales of tangible personal property and services to
a
provider of electricity used or consumed directly and primarily in
generating, transmitting, or distributing electricity for use by
others,
including property that is or is to be incorporated into
and will become
a part of the consumer's production, transmission,
or distribution
system and that retains its classification as
tangible personal
property after incorporation; fuel or power used
in the
production, transmission, or distribution of electricity;
and
tangible personal property and services used in the repair and
maintenance of the production, transmission, or distribution
system, including only those motor vehicles as are specially
designed and equipped for such use. The exemption provided in
this
division shall be in lieu of all other exemptions in division
(B)(42)(a) of this section to
which a provider
of electricity may
otherwise be entitled based on the use of the
tangible
personal
property or service purchased in generating,
transmitting, or
distributing electricity.
(41) Sales to a person providing services under division
(B)(3)(r) of section 5739.01 of the Revised Code of tangible
personal property and services used directly and primarily in
providing taxable services under that section.
(42) Sales where the purpose of the purchaser is to do any of
the following:
(a) To incorporate the thing transferred as a material or a
part into tangible personal property to be produced for sale by
manufacturing, assembling, processing, or refining; or to use or
consume the thing transferred directly in producing tangible
personal property for sale by mining, including, without
limitation, the extraction from the earth of all substances that
are classed geologically as minerals, production of crude oil and
natural gas, farming, agriculture, horticulture, or floriculture,
or directly in the rendition of a public utility service, except
that the sales tax levied by this section shall be collected upon
all meals, drinks, and food for human consumption sold when
transporting persons. Persons engaged in rendering farming,
agricultural, horticultural, or floricultural services, and
services in the exploration for, and production of, crude oil and
natural gas, for others are deemed engaged directly in farming,
agriculture, horticulture, and floriculture, or exploration for,
and production of, crude oil and natural gas. This paragraph does
not exempt from "retail sale" or "sales at retail" the sale of
tangible personal property that is to be incorporated into a
structure or improvement to real property.
(b) To hold the thing transferred as security for the
performance of an obligation of the vendor;
(c) To resell, hold, use, or consume the thing transferred as
evidence of a contract of insurance;
(d) To use or consume the thing directly in commercial
fishing;
(e) To incorporate the thing transferred as a material or a
part into, or to use or consume the thing transferred directly in
the production of, magazines distributed as controlled circulation
publications;
(f) To use or consume the thing transferred in the production
and preparation in suitable condition for market and sale of
printed, imprinted, overprinted, lithographic, multilithic,
blueprinted, photostatic, or other productions or reproductions of
written or graphic matter;
(g) To use the thing transferred, as described in section
5739.011 of the Revised Code, primarily in a manufacturing
operation to produce tangible personal property for sale;
(h) To use the benefit of a warranty, maintenance or service
contract, or similar agreement, as described in division (B)(7) of
section 5739.01 of the Revised Code, to repair or maintain
tangible personal property, if all of the property that is the
subject of the warranty, contract, or agreement would not be
subject to the tax imposed by this section;
(i) To use the thing transferred as qualified research and
development equipment;
(j) To use or consume the thing transferred primarily in
storing, transporting, mailing, or otherwise handling purchased
sales inventory in a warehouse, distribution center, or similar
facility when the inventory is primarily distributed outside this
state to retail stores of the person who owns or controls the
warehouse, distribution center, or similar facility, to retail
stores of an affiliated group of which that person is a member, or
by means of direct marketing. This division does not apply to
motor vehicles registered for operation on the public highways. As
used in this division, "affiliated group" has the same meaning as
in division (B)(3)(e) of section 5739.01 of the Revised Code and
"direct marketing" has the same meaning as in division (B)(35) of
this section.
(k) To use or consume the thing transferred to fulfill a
contractual obligation incurred by a warrantor pursuant to a
warranty provided as a part of the price of the tangible personal
property sold or by a vendor of a warranty, maintenance or service
contract, or similar agreement the provision of which is defined
as a sale under division (B)(7) of section 5739.01 of the Revised
Code;
(l) To use or consume the thing transferred in the production
of a newspaper for distribution to the public;
(m) To use tangible personal property to perform a service
listed in division (B)(3) of section 5739.01 of the Revised Code,
if the property is or is to be permanently transferred to the
consumer of the service as an integral part of the performance of
the service;
(n) To use or consume the thing transferred in acquiring,
formatting, editing, storing, and disseminating data or
information by electronic publishing.
As used in division (B)(42) of this section, "thing" includes
all transactions included in divisions (B)(3)(a), (b), and (e) of
section 5739.01 of the Revised Code.
(43) Sales conducted through a coin operated device that
activates vacuum equipment or equipment that dispenses water,
whether or not in combination with soap or other cleaning agents
or wax, to the consumer for the consumer's use on the premises in
washing, cleaning, or waxing a motor vehicle, provided no other
personal property or personal service is provided as part of the
transaction.
(44) Sales of replacement and modification parts for engines,
airframes, instruments, and interiors in, and paint for, aircraft
used primarily in a fractional aircraft ownership program, and
sales of services for the repair, modification, and maintenance of
such aircraft, and machinery, equipment, and supplies primarily
used to provide those services.
(45) Sales of telecommunications service that is used
directly and primarily to perform the functions of a call center.
As used in this division, "call center" means any physical
location where telephone calls are placed or received in high
volume for the purpose of making sales, marketing, customer
service, technical support, or other specialized business
activity, and that employs at least fifty individuals that engage
in call center activities on a full-time basis, or sufficient
individuals to fill fifty full-time equivalent positions.
(46) Sales by a telecommunications service vendor of 900
service to a subscriber. This division does not apply to
information services, as defined in division (FF) of section
5739.01 of the Revised Code.
(47) Sales of value-added non-voice data service. This
division does not apply to any similar service that is not
otherwise a telecommunications service.
(48)(a) Sales of machinery, equipment, and software to a
qualified direct selling entity for use in a warehouse or
distribution center primarily for storing, transporting, or
otherwise handling inventory that is held for sale to independent
salespersons who operate as direct sellers and that is held
primarily for distribution outside this state;
(b) As used in division (B)(48)(a) of this section:
(i) "Direct seller" means a person selling consumer products
to individuals for personal or household use and not from a fixed
retail location, including selling such product at in-home product
demonstrations, parties, and other one-on-one selling.
(ii) "Qualified direct selling entity" means an entity
selling to direct sellers at the time the entity enters into a tax
credit agreement with the tax credit authority pursuant to section
122.17 of the Revised Code, provided that the agreement was
entered into on or after January 1, 2007. Neither contingencies
relevant to the granting of, nor later developments with respect
to, the tax credit shall impair the status of the qualified direct
selling entity under division (B)(48) of this section after
execution of the tax credit agreement by the tax credit authority.
(c) Division (B)(48) of this section is limited to machinery,
equipment, and software first stored, used, or consumed in this
state within the period commencing June 24, 2008, and ending on
the date that
is five years
after that
date.
(49) Sales of materials, parts, equipment, or engines used
in
the repair or maintenance of aircraft or avionics systems of
such
aircraft, and sales of repair, remodeling, replacement, or
maintenance
services in this state
performed on aircraft or
on
an aircraft's avionics, engine, or component materials or
parts.
As used in division (B)(49) of this section, "aircraft"
means
aircraft of more than six thousand pounds maximum certified
takeoff weight or used exclusively in general aviation.
(50) Sales of full flight simulators that are used for
pilot
or flight-crew training, sales of repair or replacement parts or
components, and sales of repair or maintenance services for such
full flight simulators. "Full flight simulator" means a
replica
of a specific type, or make, model, and series of aircraft
cockpit.
It includes the assemblage of equipment and computer
programs
necessary to represent aircraft operations in ground and
flight
conditions, a visual system providing an
out-of-the-cockpit
view,
and a system that provides cues at
least equivalent to those
of a
three-degree-of-freedom motion
system, and has the full range
of
capabilities of the systems
installed in the device as
described
in appendices A and B of
part 60 of chapter 1 of title
14 of the
Code of Federal
Regulations.
(C) For the purpose of the proper administration of this
chapter,
and to prevent the evasion of the tax, it is presumed
that all
sales made in this state are subject to the tax until
the
contrary
is established.
(D) The levy of this tax on retail sales of recreation and
sports
club service shall not prevent a municipal corporation from
levying any tax on
recreation and sports club dues or on any
income generated by recreation and
sports club dues.
(E) The tax collected by the vendor from the consumer under
this chapter is not part of the price, but is a tax collection for
the benefit of the state, and of counties levying an additional
sales tax pursuant to section 5739.021 or 5739.026 of the Revised
Code and of transit authorities levying an additional sales tax
pursuant to section 5739.023 of the Revised Code. Except for the
discount authorized under section 5739.12 of the Revised Code and
the effects of any rounding pursuant to section 5703.055 of the
Revised Code, no person other than the state or such a county or
transit authority shall derive any benefit from the collection or
payment of the tax levied by this section or section 5739.021,
5739.023, or 5739.026 of the Revised Code.
Sec. 5739.03.
(A) Except as provided in section 5739.05 or
section 5739.051 of
the
Revised Code, the tax imposed by or
pursuant to section
5739.02,
5739.021, 5739.023, or 5739.026 of
the Revised Code shall
be paid
by the consumer to the vendor, and
each vendor shall
collect from
the consumer, as a trustee for the
state of Ohio, the
full and
exact amount of the tax payable on
each taxable sale, in
the
manner and at the times provided as
follows:
(1) If the price is, at or prior to the provision of the
service or the delivery of possession of the thing sold to the
consumer, paid in currency passed from hand to hand by the
consumer or the consumer's agent to the vendor or
the vendor's
agent, the vendor or
the vendor's agent shall collect the tax with
and at the
same time as the
price;
(2) If the price is otherwise paid or to be paid, the
vendor
or the vendor's agent shall, at or prior to the
provision
of the
service or the delivery of possession of the thing sold to
the
consumer, charge the tax imposed by or pursuant to section
5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code to
the account of the consumer, which amount shall be collected by
the vendor from the consumer in addition to the price. Such sale
shall be reported on and the amount of the tax applicable thereto
shall be remitted with the return for the period in which the
sale
is made, and the amount of the tax shall become a legal
charge in
favor of the vendor and against the consumer.
(B)(1)(a) If any sale is claimed to be exempt under division
(E) of
section 5739.01 of the Revised Code or under section
5739.02 of
the Revised Code, with the exception of divisions
(B)(1) to (11)
or (28) of section 5739.02 of the Revised Code, the
consumer must
provide to the vendor, and the vendor must
obtain
from the
consumer, a certificate specifying the reason that
the
sale is
not legally subject to the tax.
The certificate shall
be
in such form, and shall be provided either in a hard copy form or
electronic form, as
the tax commissioner prescribes.
(b) A vendor that obtains a fully completed exemption
certificate from a consumer is relieved of liability for
collecting and remitting tax on any sale covered by that
certificate. If it is determined the exemption was improperly
claimed, the consumer shall be liable for any tax due on that sale
under section 5739.02, 5739.021, 5739.023, or 5739.026 or Chapter
5741. of the Revised Code. Relief under this division from
liability does not apply to any of the following:
(i) A vendor that fraudulently fails to collect tax;
(ii) A vendor that solicits consumers to participate in the
unlawful claim of an exemption;
(iii) A vendor that accepts an exemption certificate from a
consumer that claims an exemption based on who purchases or who
sells property or a service, when the subject of the transaction
sought to be covered by the exemption certificate is actually
received by the consumer at a location operated by the vendor in
this state, and this state has posted to its web site an exemption
certificate form that clearly and affirmatively indicates that the
claimed exemption is not available in this state;
(iv) A vendor that accepts an exemption certificate from a
consumer who claims a multiple points of use exemption under
division (D) of section 5739.033 of the Revised Code, if the item
purchased is tangible personal property, other than prewritten
computer software.
(2) The
vendor shall maintain records, including exemption
certificates, of all sales on which a consumer has claimed an
exemption, and provide them to the tax commissioner
on request.
(3) The tax commissioner may establish an identification
system whereby the commissioner issues an identification number to
a consumer that is exempt from payment of the tax. The consumer
must present the number to the vendor, if any sale is claimed to
be
exempt as provided in this section.
(4) If
no certificate is
provided or obtained
within ninety
days after the date on which
such sale is
consummated, it shall be
presumed
that the tax
applies.
Failure
to have so
provided or
obtained a
certificate shall
not
preclude a vendor, within one
hundred twenty days after the tax commissioner gives written
notice of intent to levy an assessment,
from
either establishing
that the sale
is
not
subject to the tax, or obtaining, in good
faith, a fully completed exemption certificate.
(5) Certificates need not be obtained nor
provided
where
the
identity of the consumer is such that the transaction is
never
subject to the tax imposed or where the item of tangible
personal
property sold or the service provided is never subject to
the tax
imposed, regardless of use, or when the sale is in
interstate
commerce.
(6) If a transaction is claimed to be exempt under division
(B)(13) of section 5739.02 of the Revised Code, the contractor
shall obtain certification of the claimed exemption from the
contractee. This certification shall be in addition to an
exemption certificate provided by the contractor to the vendor. A
contractee that provides a certification under this division shall
be deemed to be the consumer of all items purchased by the
contractor under the claim of exemption, if it is subsequently
determined that the exemption is not properly claimed. The
certification shall be in such form as the tax commissioner
prescribes.
(C) As used in this division, "contractee" means a person
who
seeks to enter or enters into a contract or agreement with a
contractor or vendor for the construction of real property or for
the sale and installation onto real property of tangible personal
property.
Any contractor or vendor may request from any contractee a
certification of what portion of the property to be transferred
under such contract or agreement is to be incorporated into the
realty and what portion will retain its status as tangible
personal property after installation is completed. The
contractor
or vendor shall request the certification by certified
mail
delivered to the contractee, return receipt requested. Upon
receipt of such request and prior to entering into the contract
or
agreement, the contractee shall
provide to the contractor
or
vendor a certification sufficiently detailed to enable the
contractor or vendor to ascertain the resulting classification of
all materials purchased or fabricated by the contractor or vendor
and transferred to the contractee. This requirement applies to a
contractee regardless of whether the contractee holds a direct
payment permit under section 5739.031 of the Revised Code or
provides to the contractor or vendor an exemption
certificate as
provided under this section.
For the purposes of the taxes levied by this chapter and
Chapter 5741. of the Revised Code, the contractor or vendor may
in
good faith rely on the contractee's certification.
Notwithstanding
division (B) of section 5739.01 of the Revised
Code, if the tax
commissioner determines that certain property
certified by the
contractee as tangible personal property
pursuant to this division
is, in fact, real property, the
contractee shall be considered to
be the consumer of all
materials so incorporated into that real
property and shall be
liable for the applicable tax, and the
contractor or vendor shall
be excused from any liability on those
materials.
If a contractee fails to provide such certification upon
the
request of the contractor or vendor, the contractor or vendor
shall comply with the provisions of this chapter and Chapter
5741.
of the Revised Code without the certification. If the tax
commissioner determines that such compliance has been performed
in
good faith and that certain property treated as tangible
personal
property by the contractor or vendor is, in fact, real
property,
the contractee shall be considered to be the consumer
of all
materials so incorporated into that real property and
shall be
liable for the applicable tax, and the construction
contractor or
vendor shall be excused from any liability on those
materials.
This division does not apply to any contract or agreement
where the tax commissioner determines as a fact that a
certification under this division was made solely on the decision
or advice of the contractor or vendor.
(D) Notwithstanding division (B) of section 5739.01 of the
Revised Code, whenever the total rate of tax imposed under this
chapter is increased after the date after a construction contract
is entered into, the contractee shall reimburse the construction
contractor for any additional tax paid on tangible property
consumed or services received pursuant to the contract.
(E) A vendor who files a petition for reassessment
contesting
the assessment of tax on sales for which the
vendor
obtained no
valid exemption certificates and for which the
vendor
failed to
establish that the sales
were properly not
subject to
the tax
during the
one-hundred-twenty-day
period allowed under
division
(B) of this
section, may present to the tax commissioner
additional evidence
to prove that the sales were properly subject
to a claim of
exception or exemption. The vendor shall file such
evidence
within ninety days of the receipt by the vendor of the
notice of
assessment, except that, upon application and for
reasonable
cause, the period for submitting such evidence shall
be
extended
thirty days.
The commissioner shall consider such additional evidence in
reaching the final determination on the assessment and petition
for reassessment.
(F) Whenever a vendor refunds the
price,
minus any
separately stated delivery charge,
of an item of
tangible
personal property on which the tax
imposed
under this
chapter has
been paid, the vendor shall
also refund
the
amount of tax paid,
minus the amount of tax attributable to
the delivery charge.
Sec. 5739.033. (A) Except as provided in division (B) of
this section, divisions (C) to (I) of this section apply to sales
made on and after January 1, 2008. Any vendor previously
required
to comply with divisions (C) to (I) of this section and
any
vendor that irrevocably
elects to comply with divisions
(C) to
(I) of this section for all
of the vendor's sales and
places of
business in this state shall continue to source its
sales under
those divisions.
The amount of tax due pursuant to sections
5739.02, 5739.021,
5739.023, and 5739.026 of the Revised Code is
the sum of the taxes
imposed pursuant to those sections at the
sourcing location of the
sale as determined under this
section or, if
applicable, under
division (C) of section 5739.031 or section 5739.034 of the
Revised Code, or at the situs of the sale as determined under
section 5739.035 of the Revised
Code. This section applies only to
a vendor's or seller's obligation to collect and remit sales taxes
under section 5739.02, 5739.021, 5739.023, or 5739.026 of the
Revised Code or use taxes under section 5741.02, 5741.021,
5741.022, or 5741.023 of the Revised Code. Division (A) of this
section does not apply in determining the jurisdiction for which
sellers are required to collect the use tax under section 5741.05
of the Revised Code. This section does not affect the obligation
of a consumer to remit use taxes on the storage, use, or other
consumption of tangible personal property or on the benefit
realized of any service provided, to the jurisdiction of that
storage, use, or consumption, or benefit realized.
(B)(1) As used in this division:
(a) "Delivery sale" means the taxable sale of tangible
personal property or a service that is received by a consumer, or
a donee designated by the consumer, in a taxing jurisdiction that
is not the taxing jurisdiction in which the vendor has a fixed
place of business.
(b) "Agreement" has the same meaning as in section 5740.01 of
the Revised Code.
(c) "Governing board" has the same meaning as in section
5740.02 of the Revised Code.
(2) If the tax commissioner does not make the
certification
under section 5740.10 of the Revised Code, a vendor
that is not
required by division (A) of this section to situs
sales
under
divisions (C) to (I) of this section on the date of
the
commissioner's certification may continue after that date to
situs
its sales under section 5739.035 of the Revised Code unless
it is
required, under division (B)(5) of this section, to situs
its
sales under divisions (C) to (I) of this section.
(3) Except as otherwise provided in divisions (B)(4) and (5)
of this section, a vendor with total delivery sales within this
state in prior calendar
years, beginning with
calendar year 2007,
of less
than five hundred
thousand dollars may
situs its sales
under section
5739.035 of the Revised Code.
(4) Once a vendor has total delivery sales in this
state of
five hundred thousand dollars or more for a prior
calendar
year,
the vendor shall source its sales under divisions
(C) to (I)
of
this section and shall continue to source its sales
under those
divisions regardless of the amount of the vendor's
total delivery
sales in future years.
(5) A vendor permitted under division (B)(3) of this section
to situs its sales under section 5739.035 of the Revised Code that
fails to provide, absent a clerical error, the notices required
under division (I)(1) of
section 5739.035 of the Revised Code
shall situs all subsequent
sales as required under divisions (C)
to (I) of this section.
(C) Except
for sales, other than leases, of titled motor
vehicles, titled
watercraft, or titled outboard motors as provided
in section
5741.05 of the Revised Code, or as otherwise provided
in
this
section
and section
5739.034 of the
Revised Code,
all
sales
shall be sourced as follows:
(1) If the consumer or a
donee designated by the consumer
receives
tangible personal property
or a service at a vendor's
place of business, the sale
shall be sourced to that place of
business.
(2)
When the tangible personal property or
service is not
received at a vendor's place of business, the sale
shall be
sourced to
the location known to the vendor where
the consumer or
the donee designated by the consumer receives the
tangible
personal
property or service, including the location
indicated by
instructions for delivery to the consumer or the
consumer's donee.
(3) If divisions (C)(1) and (2) of this section do not
apply,
the sale shall be sourced to
the location indicated by an address
for the
consumer that is
available from the vendor's business
records
that are
maintained in the ordinary course of the
vendor's
business, when
use of that address does not constitute
bad faith.
(4) If divisions (C)(1), (2), and (3) of this section do
not
apply, the sale shall be sourced to
the location indicated by an
address for the
consumer obtained
during the consummation of the
sale, including
the address
associated with the consumer's payment
instrument, if
no other
address is available, when use of that
address does not
constitute
bad faith.
(5) If divisions (C)(1), (2), (3), and (4) of this section
do
not apply, including in the circumstance where the vendor is
without sufficient information to apply any of those divisions,
the sale shall be sourced to
the
address from which tangible
personal property was shipped,
or from
which the service was
provided, disregarding any
location
that
merely provided the
electronic transfer of the
property sold
or
service provided.
(6) As used in division (C) of this section, "receive"
means
taking possession of tangible personal property or making
first
use of a service. "Receive" does not include possession by
a
shipping company on behalf of a consumer.
(D)(1)(a) Notwithstanding divisions (C)(1) to (5) of this
section, a business consumer that is not a holder of
a direct
payment permit granted under section 5739.031 of the
Revised Code,
that purchases a digital good, computer software, except computer
software received in person by a business consumer at a vendor's
place of business, or a
service, and that knows at the time of
purchase that such digital good, software, or service will be
concurrently
available for use in more than one taxing
jurisdiction shall
deliver to the vendor in conjunction with its
purchase an exemption certificate claiming multiple
points of use,
or shall meet the requirements of division (D)(2) of this section.
On receipt of the exemption certificate claiming multiple points
of use, the vendor is relieved of its obligation to
collect, pay,
or remit the tax due, and the business consumer must
pay the tax
directly to the state.
(b) A business consumer that delivers the exemption
certificate claiming multiple points of use to a vendor may use
any reasonable, consistent, and uniform method of apportioning the
tax due on the digital good, computer software, or service that is
supported by the consumer's business records as they existed at
the
time of the sale. The business consumer shall report and pay
the appropriate tax to each jurisdiction where concurrent use
occurs. The tax due shall be calculated as if the apportioned
amount of the digital good, computer software, or service had been
delivered to each jurisdiction to which the sale is apportioned
under this division.
(c) The exemption certificate claiming multiple points of use
shall remain
in effect for all future sales by the vendor to the
business consumer until
it is revoked in writing by the business
consumer, except as to the business
consumer's specific
apportionment of a subsequent sale under
division (D)(1)(b) of
this section and the facts existing at the time of
the sale.
(2) When the vendor knows that a digital good, computer
software, or service sold will be concurrently available for use
by the business consumer in more than one jurisdiction, but the
business consumer does not provide an exemption certificate
claiming multiple points of use as required by division (D)(1) of
this section, the vendor may work with the business consumer to
produce the correct apportionment. Governed by the principles of
division (D)(1)(b) of this section, the vendor and business
consumer may use any reasonable, but consistent and uniform,
method of apportionment that is supported by the vendor's and
business consumer's books and records as they exist at the time
the sale is reported for purposes of the taxes levied under this
chapter. If the business consumer certifies to the accuracy of the
apportionment and the vendor accepts the certification, the vendor
shall collect and remit the tax accordingly. In the absence of bad
faith, the vendor is relieved of any further obligation to collect
tax on any transaction where the vendor has collected tax pursuant
to the information certified by the business consumer.
(3) When the vendor knows that the digital good, computer
software, or service will be concurrently available for use in
more than one jurisdiction, and the business consumer does not
have a direct pay permit and does not provide to the vendor an
exemption certificate claiming multiple points of use as required
in division (D)(1) of this section, or certification pursuant to
division (D)(2) of this section, the vendor shall collect and
remit the tax based on division (C) of this section.
(4) Nothing in this section shall limit a person's obligation
for sales or use tax to any state in which a digital good,
computer software, or service is concurrently available for use,
nor limit a person's ability under local, state, or federal law,
to claim a credit for sales or use taxes legally due and paid to
other jurisdictions.
(E) A person who holds a direct payment permit issued under
section 5739.031 of the Revised Code is not required to deliver an
exemption certificate claiming
multiple points of use to a vendor.
But such
permit holder shall comply with division (D)(2) of this
section in
apportioning the tax due on a digital good, computer
software, or a
service for use in business that will be
concurrently available for use in more than
one taxing
jurisdiction.
(F)(1) Notwithstanding divisions (C)(1) to (5) of this
section, the consumer of direct mail that is not a holder of a
direct payment permit shall provide to the vendor in conjunction
with the sale either an exemption certificate claiming direct mail
prescribed by the tax commissioner, or information to show the
jurisdictions to which the direct mail is delivered to recipients.
(2) Upon receipt of such exemption certificate, the vendor is
relieved of all obligations to collect, pay, or remit the
applicable tax and the consumer is obligated to pay that tax on a
direct pay basis. An exemption certificate claiming direct mail
shall remain in effect for all future sales of direct mail by the
vendor to the consumer until it is revoked in writing.
(3) Upon receipt of information from the consumer showing the
jurisdictions to which the direct mail is delivered to recipients,
the vendor shall collect the tax according to the delivery
information provided by the consumer. In the absence of bad faith,
the vendor is relieved of any further obligation to collect tax on
any transaction where the vendor has collected tax pursuant to the
delivery information provided by the consumer.
(4) If the consumer of direct mail does not have a direct
payment permit and does not provide the vendor with either an
exemption certificate claiming direct mail or delivery information
as required by division (F)(1) of this section, the vendor shall
collect the tax according to division (C)(5) of this section.
Nothing in division (F)(4) of this section shall limit a
consumer's obligation to pay sales or use tax to any state to
which the direct mail is delivered.
(5) If a consumer of direct mail provides the vendor with
documentation of direct payment authority, the consumer shall not
be required to provide an exemption certificate claiming direct
mail or delivery information to the vendor.
(G) If the vendor provides lodging to transient guests as
specified in division (B)(2) of section 5739.01 of the Revised
Code, the sale shall be sourced to
the
location where the lodging
is
located.
(H)(1) As used in this division and division (I) of this
section, "transportation equipment" means any of the following:
(a) Locomotives and railcars that are utilized for the
carriage of persons or property in interstate commerce.
(b) Trucks and truck-tractors with a gross vehicle weight
rating of greater than ten thousand pounds, trailers,
semi-trailers, or passenger buses that are registered through the
international registration plan and are operated under authority
of a carrier authorized and certificated by the United States
department of transportation or another federal authority to
engage in the carriage of persons or property in interstate
commerce.
(c) Aircraft that are operated by air carriers authorized and
certificated by the United States department of transportation or
another federal authority to engage in the carriage of persons or
property in interstate or foreign commerce.
(d) Containers designed for use on and component parts
attached to or secured on the items set forth in division
(H)(1)(a), (b), or (c) of this section.
(2) A sale, lease, or rental of transportation equipment
shall be sourced pursuant to division (C) of this section.
(I)(1) A lease or rental of tangible personal property that
does not require recurring periodic payments shall be sourced
pursuant to division (C) of this section.
(2) A lease or rental of tangible personal property that
requires recurring periodic payments shall be sourced as follows:
(a) In the case of a motor vehicle, other than a motor
vehicle that is transportation equipment, or an aircraft, other
than an aircraft that is transportation equipment, such lease or
rental shall be sourced as follows:
(i) An accelerated tax payment on a lease or rental taxed
pursuant to division (A)(2) of section 5739.02 of the Revised Code
shall be sourced to the primary property location at the time the
lease or rental is consummated. Any subsequent taxable charges on
the lease or rental shall be sourced to the primary property
location for the period in which the charges are incurred.
(ii) For a lease or rental taxed pursuant to division (A)(3)
of section 5739.02 of the Revised Code, each lease or rental
installment shall be sourced to the primary property location for
the period covered by the installment.
(b) In the case of a lease or rental of all other tangible
personal property, other than transportation equipment, such lease
or rental shall be sourced as follows:
(i) An accelerated tax payment on a lease or rental that is
taxed pursuant to division (A)(2) of section 5739.02 of the
Revised Code shall be sourced pursuant to division (C) of this
section at the time the lease or rental is consummated. Any
subsequent taxable charges on the lease or rental shall be sourced
to the primary property location for the period in which the
charges are incurred.
(ii) For a lease or rental that is taxed pursuant to division
(A)(3) of section 5739.02 of the Revised Code, the initial lease
or rental installment shall be sourced pursuant to division (C) of
this section. Each subsequent installment shall be sourced to the
primary property location for the period covered by the
installment.
(3) As used in division (I) of this section, "primary
property location" means an address for tangible personal property
provided by the lessee or renter that is available to the lessor
or owner from its records maintained in the ordinary course of
business, when use of that address does not constitute bad faith.
(J) If the vendor provides a service specified in division
(B)(11) of section 5739.01 of the Revised Code, the situs of the
sale is the location of the enrollee for whom a medicaid health
insurance corporation receives managed care premiums. Such sales
shall be sourced to the locations of the enrollees in the same
proportion as the managed care premiums received by the medicaid
health insuring corporation on behalf of enrollees located in a
particular
taxing jurisdiction in Ohio as compared to all managed
care
premiums received by the medicaid health insuring
corporation.
Sec. 5739.051. (A) The tax commissioner shall issue a direct
payment permit to a medicaid health insuring corporation that
authorizes the medicaid health insuring corporation to pay all
taxes due on sales described in division (B)(11) of section
5739.01 of the Revised Code directly to the state. Each medicaid
health insuring corporation shall pay pursuant to such direct
payment authority all sales tax levied on such sales by sections
5739.02, 5739.021, 5739.023, and 5739.026 of the Revised Code and
all use tax levied on such sales pursuant to sections 5741.02,
5741.021, 5741.022, and 5741.023 of the Revised Code, unless
division (B)(11)(b) of section 5739.01 of the Revised Code
applies.
(B) Each medicaid health insuring corporation shall, on or
before the twenty-third day of each month, file a return for the
preceding month on a form prescribed by the tax commissioner and
shall pay the tax shown on the return to be due, unless division
(B)(11)(b) of section 5739.01 of the Revised Code applies. The
return shall
show the amount of tax due from the medicaid health
care insuring
corporation for the period covered by the return
and other such
information as the commissioner deems necessary.
Upon written
request, the commissioner may extend the time for
filing the
return and paying the tax. The commissioner may
require each
medicaid health insuring corporation to file returns
and remit
payment by electronic means as provided in section
5739.032 of the
Revised Code.
Sec. 5739.12. (A)(1)
Each person who has or is required to
have
a
vendor's
license, on or before the twenty-third day of
each
month,
shall
make and file a return for the preceding month
in the form
prescribed by the tax commissioner, and shall
pay the
tax
shown on
the return to be due. The return shall be
filed
electronically using the Ohio business gateway, as defined
in
section 718.051 of the Revised Code, the Ohio telefile system,
or
any other electronic means prescribed by the commissioner.
Payment of the tax shown on the return to be due shall be made
electronically in a manner approved by the commissioner. The
commissioner may require a
vendor that operates from multiple
locations or has multiple
vendor's licenses to report all tax
liabilities on one
consolidated return. The return shall show the
amount
of tax due
from the vendor to the state for the period
covered by
the return
and such other information as the
commissioner deems
necessary for
the proper administration of this
chapter. The
commissioner may
extend the time for making and
filing returns
and paying the tax,
and may require that the return
for the last
month of any annual
or semiannual period, as
determined by the
commissioner, be a
reconciliation return
detailing the vendor's
sales activity for
the preceding annual or
semiannual period.
The reconciliation
return shall be filed by
the last day of the
month following the
last month of the annual
or semiannual
period. The commissioner
may remit all or any part
of amounts or
penalties
that may
become
due under this chapter and
may adopt
rules relating
thereto. Such
return shall be filed
electronically as directed by the
tax
commissioner,
and payment of
the
amount of tax
shown to
be due
thereon,
after deduction of any
discount provided
for under
this
section, shall be made
electronically in a manner
approved by the tax commissioner.
(2) Any person required to file returns and make payments
electronically under division (A)(1) of this section may apply to
the tax commissioner on a form prescribed by the commissioner to
be excused from that requirement. For good cause shown, the
commissioner may excuse the person from that requirement and may
permit the person to file the returns and make the payments
required by this section by nonelectronic means.
(B)(1) If the return
is filed and the amount of tax
shown
thereon to
be due is paid on
or before the date such return
is
required to be
filed, the vendor
shall be entitled to a
discount
of
in the following amount:
(a) On or before July 31, 2009, three-fourths
of one per
cent
of the amount shown to
be due on
the return;
(b) On or after August 1, 2009, one per cent of the amount
shown to be due on the return, except that the discount allowed
for each return shall not exceed one hundred dollars.
(2) A
vendor that has selected a certified service provider
as its agent
shall not be entitled to the discount if the
certified service provider receives a monetary allowance pursuant
to section 5739.06 of the Revised Code for performing the vendor's
sales and use tax functions in this state. Amounts paid to the
clerk
of courts
pursuant to section 4505.06 of the Revised Code
shall be
subject
to the applicable discount.
The
discount shall be
in
consideration for prompt payment to the
clerk
of courts and for
other services performed by the vendor in
the
collection of the
tax.
(3) When computing the discount allowed under division (B)(1)
of this section, vendors of watercraft or outboard motors required
to be titled under section 1548.06 of the Revised Code, dealers of
motor vehicles required to be titled under section 4505.06 of the
Revised Code, and dealers of off-highway motorcycles or
all-purpose vehicles required to be titled under section 4519.55
of the Revised Code that submit to the clerk of the court of
common pleas payment of the tax collected on such sales may
include those sales on the return for the period in which the
sales were made. If the tax reported to be due on the return is
less than the discount allowed under this section, a vendor or
dealer may file a claim for a refund of any unused discount under
section 5739.07 of the Revised Code, provided that such refund
claims may not be filed more than twice per year by a vendor or
dealer.
(C)(1) Upon application to the tax commissioner, a vendor who
is
required to file monthly returns may be relieved of the
requirement to report and pay the actual tax due, provided that
the vendor agrees to remit to the
commissioner payment of
not
less
than an amount determined by the
commissioner to be the
average
monthly tax liability of the
vendor, based upon a review
of the
returns or other information
pertaining to such vendor for
a
period of not less than six months
nor more than two years
immediately preceding the filing of the
application. Vendors who
agree to the above conditions shall make
and file an annual or
semiannual reconciliation return, as
prescribed by the
commissioner. The reconciliation return shall
be filed
electronically as directed by
the
tax
commissioner,
and payment
of
the amount of tax
shown to be due
thereon, after deduction of
any
discount provided
in this section, shall be made
electronically in a manner approved by the
commissioner.
Failure
of a vendor to comply
with any of the above
conditions
may result
in immediate
reinstatement of the
requirement of
reporting and
paying the
actual tax liability on
each monthly
return, and the
commissioner
may at the
commissioner's
discretion deny the vendor
the right to
report and
pay based upon the average
monthly
liability for a
period not to
exceed two years. The amount
ascertained by the
commissioner to be
the average monthly tax
liability of a vendor
may be adjusted,
based upon a review of the
returns or other
information pertaining
to the vendor for a
period of not less than
six months nor more
than two years
preceding such adjustment.
(2) The commissioner may authorize vendors whose tax
liability
is
not such as to merit monthly returns, as
ascertained
by
the
commissioner upon the basis of administrative costs to the
state,
to make and file returns at less frequent intervals. When
returns
are filed at less frequent intervals in accordance with
such
authorization, the vendor shall be allowed
the discount
provided in this section in consideration for
prompt payment
with
the return, provided the return is filed
and
payment
is made of
the amount of tax shown to be due
thereon, at the time
specified
by the commissioner, but a vendor that has selected a
certified
service provider as its agent shall not be entitled to
the
discount.
(D) Any vendor who fails to
file a
return or to pay the full
amount
of the tax shown on the
return to
be due in the manner
prescribed under this section
and
the rules of the
commissioner
may, for each such return,
be required to forfeit
and pay
into
the state
treasury an additional
charge not exceeding
fifty
dollars or ten
per cent of the tax required to be paid for
the
reporting period,
whichever is greater, as revenue arising
from
the tax imposed by
this chapter, and such sum may be
collected by
assessment in the
manner provided in section 5739.13
of the
Revised Code. The
commissioner may remit all or a portion
of the
additional charge
and may adopt rules relating to
the
imposition
and remission of
the additional charge.
(E) If the amount required to be collected by a vendor from
consumers is in excess of the applicable percentage of the
vendor's
receipts
from
sales
that are taxable under section
5739.02 of the
Revised
Code, or in the case of sales subject to a
tax levied
pursuant to
section 5739.021, 5739.023, or 5739.026 of
the Revised
Code, in
excess of the percentage equal to the
aggregate rate of
such
taxes
and the tax levied by section 5739.02
of the Revised
Code,
such
excess shall be remitted along with the
remittance of
the
amount
of tax due under section 5739.10 of the
Revised Code.
(F) The commissioner, if the commissioner deems it necessary
in
order to
insure the payment of the tax imposed by this chapter,
may
require returns and payments to be made for other than monthly
periods.
(G) Any vendor required to file a return and pay the tax
under
this section whose total payment for a year equals or
exceeds the
amount shown in division (A) of section 5739.122 of
the Revised
Code is subject to the accelerated tax
payment
requirements in divisions (B) and (C) of that section. For
a
vendor that operates from
multiple locations or has multiple
vendor's licenses, in
determining whether the vendor's total
payment equals or exceeds
the amount shown in division (A) of
that section, the vendor's
total payment amount shall be the
amount of the vendor's total tax
liability for the previous
calendar year for all of the vendor's
locations or licenses.
Sec. 5739.131. Any nonresident of this state who accepts
the
privilege extended by the laws of this state to nonresidents
of
engaging in the business of selling in this state, as defined
in
section 5741.01 of the Revised Code, and any resident of this
state who is required by sections 5739.17 and 5739.31 of the
Revised Code to have a vendor's license and subsequently becomes
a
nonresident or conceals his the person's whereabouts, makes
the
secretary of state his the person's agent for the service of
process or notice in any assessment, action, or proceedings
instituted in this
state against such person under sections
5739.01 to 5739.31 and 5741.01 to
5741.22 of the Revised Code.
Such process or notice shall be served, by the officer to
whom the same is directed or by the tax commissioner, or by the
sheriff of Franklin county, who may be deputized for such purpose
by the officer to whom the service is directed, upon the
secretary
of state by leaving at the office of the secretary of
state, at
least fifteen days before the return day of such
process or
notice, a true and attested copy thereof, and by
sending to the
defendant by certified mail, postage prepaid, a
like and true
attested copy, with an endorsement thereon of the
service upon the
secretary of state, addressed to such defendant
at his last known
address as provided under section 5703.37 of the Revised Code.
Sec. 5743.15. (A) No person shall engage in this state in
the wholesale
or retail business of trafficking in cigarettes or
in the business of a manufacturer or importer of cigarettes
without having a license to conduct each such activity issued by a
county auditor under division (B) of this section or the tax
commissioner under division (E) of this section, except that on
dissolution of
a partnership by death, the surviving partner may
operate under
the license of the partnership until expiration of
the license,
and the heirs or legal representatives of deceased
persons, and
receivers and trustees in bankruptcy appointed by any
competent
authority, may operate under the license of the person
succeeded
in possession by such heir, representative, receiver, or
trustee
in bankruptcy.
(B) Each applicant for a license to engage in the wholesale
or retail business of trafficking in cigarettes under this
section, annually,
on or before the fourth Monday of May, shall
make and deliver to
the county auditor of the county in which the
applicant
desires to engage in
the wholesale or retail business of
trafficking in cigarettes,
upon a blank furnished by such auditor
for that purpose, a
statement showing the name of the applicant,
each place in the
county where the applicant's business is
conducted, the nature of
the business, and any other information
the tax commissioner
requires in the form of statement prescribed
by the
commissioner. If the applicant is a firm, partnership, or
association other than a corporation, the application shall state
the name and address of each of its members. If the applicant is a
corporation, the application shall state the name and address of
each of its officers. At the time
of making the application
required by this section, every person
desiring to engage in the
wholesale business of trafficking in
cigarettes shall pay into the
county treasury a license tax in
the sum of two hundred one
thousand dollars, or if desiring to engage in the
retail business
of trafficking in cigarettes, a license tax in
the sum of thirty
one hundred twenty-five dollars for each of the first five places
where
the person proposes to carry on such business and
twenty-five
dollars for
each additional place. Each place of
business shall be deemed
such space, under lease or license to, or
under the control of,
or under the supervision of the applicant,
as is contained in one
or more contiguous, adjacent, or adjoining
buildings constituting
an industrial plant or a place of business
operated by, or under
the control of, one person, or under one
roof and connected by
doors, halls, stairways, or elevators, which
space may contain
any number of points at which cigarettes are
offered for sale,
provided that each additional point at which
cigarettes are
offered for sale shall be listed in the
application.
Upon receipt of the application
and exhibition of the county
treasurer's receipt showing the
payment of the tax, the county
auditor shall issue to the
applicant a license for each place of
business designated in the
application, authorizing the applicant
to engage in such business
at such place for one year commencing
on the fourth Monday of
May. Companies operating club or dining
cars or other cars upon
which cigarettes are sold shall obtain
licenses at railroad
terminals within the state, under such rules
as are prescribed by
the commissioner. The form of the license
shall be prescribed by
the commissioner. A duplicate license may
be obtained from the
county auditor upon payment of a fifty cent
fee if the original
license is lost, destroyed, or defaced. When
an application is
filed after the fourth Monday of May, the
license tax required to
be paid shall be proportioned in amount to
the remainder of the
license year, except that it shall not be
less than one-fifth of
the whole amount in any one year.
The holder of a wholesale or retail dealer's cigarette
license may transfer the license to a place of business within
the
same county other than that designated on the license or may
assign the license to another person for use in the same county
on
condition that the licensee or assignee, whichever is
applicable,
make application to the county auditor therefor, upon
forms
approved by the commissioner and the payment of a fee of
one
dollar into the county treasury.
(C)(1) The wholesale cigarette license tax revenue
collected
under this section shall be distributed as follows:
(a) Thirty-seven and one-half per cent shall be paid upon
the
warrant of the county auditor into the treasury of the
municipal
corporation or township in which the place of business
for which
the tax revenue was received is located;
(b) Fifteen per cent shall be credited to the general fund
of
the county;
(c) Forty-seven and one-half per cent shall be paid into
the
cigarette tax enforcement fund created by division (C)(D) of
this
section.
(2) The retail cigarette license tax revenue collected from
the thirty dollar tax
imposed upon the first five places of
business of a person
engaged in the retail business of trafficking
in cigarettes under this section shall
be distributed as follows:
(a) Sixty-two and one-half Thirty per cent shall be paid upon
the
warrant of the county auditor into the treasury of the
municipal
corporation or township in which the places of business
for which
the tax revenue was received are located;
(b) Twenty-two and one-half Ten per cent shall be credited to
the general fund of the county;
(c) Fifteen Sixty per cent shall be paid into the cigarette
tax
enforcement fund created by division (C)(D) of this section.
(3) The remainder of the revenues and fines collected
under
this section and the penal laws relating to cigarettes
shall be
distributed as follows:
(a) Three-fourths shall be paid upon the warrant of the
county auditor into the treasury of the municipal corporation or
township in which the place of business, on account of which the
revenues and fines were received, is located;
(b) One-fourth shall be credited to the general fund of
the
county.
(D) There is hereby created within the state treasury the
cigarette tax enforcement fund for the purpose of providing funds
to assist in paying the costs of enforcing sections 1333.11 to
1333.21 and Chapter 5743. of the Revised Code.
The portion of cigarette license tax revenues received by a
county auditor during the annual application period that ends
before the fourth Monday in May which is required to be deposited
in the cigarette tax enforcement fund shall be sent to the
treasurer of state by the thirtieth day of June each year. The
portion of license tax money received by each county auditor
after
the fourth Monday in May which is required to be deposited
in the
cigarette tax enforcement fund shall be sent to the
treasurer of
state by the thirty-first day of December.
(E)(1) Every person who desires to engage in the business of
a manufacturer or importer of cigarettes shall, annually, on or
before the fourth Monday of May, make and deliver to the tax
commissioner, upon a blank furnished by the commissioner for that
purpose, a statement showing the name of the applicant, the nature
of the applicant's business, and any other information required by
the commissioner. If the applicant is a firm, partnership, or
association other than a corporation, the applicant shall state
the name and address of each of its members. If the applicant is a
corporation, the applicant shall state the name and address of
each of its officers.
Upon receipt of the application, the commissioner shall issue
to the applicant a license authorizing the applicant to engage in
the business of manufacturer or importer, whichever the case may
be, for one year commencing on the fourth Monday of May.
(2) The issuing of a license under division (E)(1) of this
section to a manufacturer does not excuse a manufacturer from the
certification process required under section 1346.05 of the
Revised Code. A manufacturer who is issued a license under
division (E)(1) of this section and who is not listed on the
directory required under section 1346.05 of the Revised Code shall
not be permitted to sell cigarettes in this state other than to a
licensed cigarette wholesaler for sale outside this state. Such a
manufacturer shall provide documentation to the commissioner
evidencing that the cigarettes are legal for sale in another
state.
(3) The tax commissioner may adopt rules necessary to
administer division (E) of this section.
Sec. 5743.61. (A) No distributor shall engage in the
business of distributing tobacco products within this state
without having a license issued by the department of taxation to
engage in that business, except that on dissolution of a
partnership by death, the surviving partner may operate under the
license of the partnership until the expiration of the license,
and the heirs or legal representatives of deceased persons, and
receivers and trustees in bankruptcy appointed by any competent
authority, may operate under the license of the person succeeded
in possession by the heir, representative, receiver, or trustee
in
bankruptcy.
(B)(1) Each applicant for a license to engage in the
business
of distributing tobacco products, annually, on or before
the first
day of February, shall make and deliver to the tax
commissioner,
upon a form furnished by the commissioner for that
purpose, a
statement showing the name of the applicant, each
place from which
the applicant distributes to distributors,
retail dealers, or
wholesale dealers, and any other information
the commissioner
considers necessary for the administration of
sections 5743.51 to
5743.66 of the Revised Code.
(2) At the time of making the license application, the
applicant shall pay a license fee of one hundred thousand dollars
for each
place listed in the application where he the applicant
proposes
to carry on
that business. The fee charged for the
license shall accompany
the application and shall be made payable
to the treasurer of
state for deposit into the cigarette tax
enforcement fund.
(3) Upon receipt of the application and payment of any
licensing fee required by this section the commissioner shall
issue to the applicant a license for each place of distribution
designated in the application authorizing the applicant to engage
in business at that location for one year commencing on the first
day of February. For licenses issued after the first day of
February, the licensing fee shall be reduced proportionately by
the remainder of the twelve-month period for which the license is
issued, except that the application fee required to be paid under
this section shall be not less than two hundred dollars. If the
original license is lost, destroyed, or
defaced, a duplicate
license may be obtained from the
commissioner.
(C) The holder of a tobacco products license may transfer
the
license to a place of business or may assign the license to
another person for use, on condition that the licensee or
assignee
applies to the commissioner for the transfer, upon forms
issued by
the commissioner.
(D) If a distributor fails to file the returns as required
under section 5743.52 of the Revised Code, or pay the tax due
thereon, on two consecutive months or three months during any
twelve-month period, the commissioner may suspend the license
issued to the distributor under this section. The suspension is
effective ten days after the commissioner notifies the
distributor
of the suspension in writing personally or by
certified mail. The
commissioner shall lift the suspension when
the distributor files
the delinquent returns and pays the tax due
including any
penalties, interest, and additional charges. The
commissioner may
refuse to issue the annual renewal of the
license required by this
section and may refuse to issue a new
license for the same
location until all delinquent returns are
filed and outstanding
taxes are paid. This division does not
apply to any unpaid or
underpaid tax liability that is the
subject of a petititon
petition or appeal filed pursuant to
section 5743.56, 5717.02, or
5717.04 of the Revised Code.
Sec. 5747.01. Except as otherwise expressly provided or
clearly appearing from the context, any term used in this chapter
that is not otherwise defined in this section
has the same meaning
as when used in a comparable context in the
laws of the United
States
relating to federal income taxes or if not used in a
comparable context in those laws, has the same meaning as in
section 5733.40 of the Revised Code. Any reference in this chapter
to the Internal Revenue Code includes other laws of the United
States relating to federal income taxes.
(A) "Adjusted gross income" or "Ohio adjusted gross
income"
means
federal adjusted gross income, as defined and used in the
Internal
Revenue Code, adjusted as provided in this section:
(1) Add interest or dividends on obligations or securities
of
any state or of any political subdivision or authority of any
state, other than this state and its subdivisions and authorities.
(2) Add interest or dividends on obligations of any
authority, commission, instrumentality, territory, or possession
of the United States
to the extent that
the interest or dividends
are exempt from federal income taxes
but
not from state income
taxes.
(3) Deduct interest or dividends on obligations of the
United
States and its territories and possessions or of any
authority,
commission, or instrumentality of the United States to
the extent
that the interest or dividends are included in federal
adjusted
gross income but exempt
from state income taxes under the
laws of
the United States.
(4) Deduct disability and survivor's benefits to the
extent
included in federal adjusted gross income.
(5) Deduct benefits under Title II of the Social Security
Act
and tier 1 railroad retirement benefits to the extent
included
in
federal adjusted gross income under section 86 of the
Internal
Revenue Code.
(6)
In the case of a taxpayer who is a beneficiary of
a
trust
that makes an accumulation distribution as defined in
section 665
of the Internal Revenue Code,
add, for the
beneficiary's taxable
years
beginning before 2002,
the portion, if
any, of
such
distribution
that does not exceed the
undistributed
net
income of
the trust for
the three taxable years
preceding the
taxable year
in which the
distribution is made
to
the extent that the portion
was not included in the trust's
taxable income for any of the
trust's taxable years beginning in
2002 or thereafter.
"Undistributed
net
income of a trust" means
the taxable income of
the trust
increased
by (a)(i) the additions
to adjusted gross
income
required under
division (A) of this
section and (ii) the
personal
exemptions
allowed to the trust
pursuant to section
642(b) of the
Internal
Revenue Code, and
decreased by (b)(i) the
deductions to
adjusted
gross income
required under division (A) of
this
section,
(ii) the
amount of
federal income taxes attributable
to
such
income, and
(iii) the
amount of taxable income that has
been
included in the
adjusted
gross income of a beneficiary by
reason
of a prior
accumulation
distribution. Any undistributed
net
income included
in the
adjusted gross income of a beneficiary
shall reduce the
undistributed net income of the trust commencing
with the earliest
years of the accumulation period.
(7) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal adjusted gross
income for the taxable year, had the targeted jobs credit allowed
and determined under sections 38, 51, and 52 of the Internal
Revenue Code not been in effect.
(8) Deduct any interest or interest equivalent on public
obligations and purchase obligations to the extent
that the
interest or interest equivalent is included in
federal adjusted
gross income.
(9) Add any loss or deduct any gain resulting from the
sale,
exchange, or other disposition of public obligations to the
extent
that the loss has been deducted or the gain has been
included in
computing federal adjusted gross income.
(10)
Deduct or add amounts, as provided under section
5747.70 of the
Revised
Code, related to contributions to variable
college savings program
accounts made or tuition units purchased
pursuant to Chapter
3334. of the Revised Code.
(11)(a) Deduct, to the extent not otherwise allowable as a
deduction or
exclusion in computing federal or Ohio adjusted gross
income for the taxable
year, the amount the taxpayer paid during
the taxable year for medical care
insurance and qualified
long-term care insurance for the taxpayer, the
taxpayer's spouse,
and dependents. No deduction for medical care insurance
under
division (A)(11) of this section shall be allowed either to any
taxpayer
who is eligible to participate in any subsidized health
plan maintained by any
employer of the taxpayer or of the
taxpayer's spouse, or to any taxpayer who
is entitled to, or on
application would be entitled to, benefits under part A of Title
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.
301, as amended. For the purposes of division (A)(11)(a) of this
section, "subsidized health plan" means a health plan for which
the employer pays any portion of the plan's cost. The deduction
allowed under division (A)(11)(a) of this
section shall be the
net
of any related premium refunds, related
premium
reimbursements, or
related insurance premium dividends
received
during the taxable
year.
(b) Deduct, to the extent not otherwise deducted or excluded
in
computing federal or Ohio adjusted gross income during the
taxable
year, the amount the taxpayer paid during the taxable
year, not
compensated for by any insurance or otherwise, for
medical care of
the taxpayer, the taxpayer's spouse, and
dependents, to the extent
the expenses exceed seven and one-half
per cent of the taxpayer's
federal adjusted gross income.
(c) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income, any amount
included in federal adjusted gross income under section 105 or not
excluded under section 106 of the Internal Revenue Code solely
because it relates to an accident and health plan for a person who
otherwise would be a "qualifying relative" and thus a "dependent"
under section 152 of the Internal Revenue Code but for the fact
that the person fails to meet the income and support limitations
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.
(d) For purposes of division (A)(11) of this section,
"medical
care"
has the meaning given in section 213 of the
Internal Revenue
Code,
subject to the special rules, limitations,
and exclusions
set
forth therein, and "qualified long-term care"
has the same
meaning
given in section 7702B(c) of the Internal
Revenue Code.
Solely for purposes of divisions (A)(11)(a) and (c)
of
this section, "dependent" includes a person who otherwise
would be
a "qualifying relative" and thus a "dependent" under
section 152
of the Internal Revenue Code but for the fact that
the person
fails to meet the income and support limitations under
section 152(d)(1)(B) and (C) of the Internal Revenue Code.
(12)(a) Deduct any amount included in federal adjusted gross
income solely because the amount represents a reimbursement or
refund of expenses that in any year the taxpayer had
deducted as
an itemized deduction pursuant to section 63 of the
Internal
Revenue Code and applicable United States
department of the
treasury regulations.
The deduction otherwise allowed under
division (A)(12)(a) of this section shall be reduced to the extent
the reimbursement is attributable to an amount the taxpayer
deducted under this section in any taxable year.
(b) Add any amount not otherwise included in Ohio adjusted
gross
income for any taxable year to the extent that the amount is
attributable to the recovery during the taxable year of any amount
deducted or excluded in computing federal or Ohio adjusted gross
income in any taxable year.
(13) Deduct any portion of the deduction described in
section
1341(a)(2) of the Internal Revenue Code, for repaying
previously
reported income received under a claim of right, that
meets both
of the following requirements:
(a) It is allowable for repayment of an item that was
included in the taxpayer's adjusted gross income for a prior
taxable year and did not qualify for a credit under division (A)
or (B) of section 5747.05 of the Revised Code for that year;
(b) It does not otherwise reduce the taxpayer's adjusted
gross income for the current or any other taxable year.
(14) Deduct an amount equal to the deposits made to, and
net
investment earnings of, a medical savings account during the
taxable year,
in accordance with section 3924.66 of the Revised
Code. The deduction
allowed by division (A)(14) of this section
does not apply to medical
savings account deposits and earnings
otherwise deducted or excluded for the
current or any other
taxable year from the taxpayer's federal adjusted gross
income.
(15)(a) Add an amount equal to the funds withdrawn from a
medical
savings account during the taxable year, and the net
investment earnings on
those funds, when the funds withdrawn were
used for any purpose other than to
reimburse an account holder
for, or to pay, eligible medical expenses, in
accordance with
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings
account
under division (A)(2) of section 3924.68 of the Revised
Code during the
taxable year.
(16) Add any amount claimed as a credit under section
5747.059 of the Revised
Code to the extent that such amount
satisfies either of the following:
(a) The amount was deducted or excluded from the computation
of the
taxpayer's federal adjusted gross income as required to be
reported for the
taxpayer's taxable year under the Internal
Revenue Code;
(b) The amount resulted in a reduction of the taxpayer's
federal adjusted
gross income as required to be reported for any
of the taxpayer's taxable
years under the Internal Revenue Code.
(17) Deduct the amount contributed by the taxpayer to an
individual development account program established by a county
department of
job and family services pursuant to sections 329.11
to
329.14 of the Revised Code for
the purpose of matching funds
deposited by program participants. On request
of
the tax
commissioner, the taxpayer shall provide any information that, in
the
tax commissioner's opinion, is necessary to establish the
amount deducted
under
division (A)(17) of this section.
(18) Beginning in taxable year 2001 but not for any taxable
year beginning after December 31, 2005, if the taxpayer is
married
and files a joint return and the
combined federal adjusted
gross
income of the taxpayer and the taxpayer's
spouse for the
taxable
year does not exceed one hundred thousand dollars, or
if
the
taxpayer is single and has a federal adjusted gross income for
the
taxable
year not exceeding fifty thousand dollars, deduct
amounts
paid during the
taxable year for qualified tuition and
fees paid
to an eligible institution
for the taxpayer, the
taxpayer's
spouse, or any dependent of the taxpayer, who
is a
resident of
this state and is enrolled in or attending a program
that
culminates in a degree or diploma at an eligible institution.
The
deduction
may be claimed only to the extent that qualified
tuition
and fees are not
otherwise deducted or excluded for any
taxable
year from federal or
Ohio adjusted gross income. The
deduction
may
not be claimed for educational expenses for which
the taxpayer
claims a
credit under section 5747.27 of the Revised
Code.
(19) Add any reimbursement received during the taxable year
of any amount
the taxpayer deducted under division (A)(18) of this
section in any
previous taxable year to the extent the amount is
not otherwise included in
Ohio adjusted gross income.
(20)(a)(i) Add five-sixths of the amount of depreciation
expense allowed by subsection (k) of section 168 of the Internal
Revenue Code, including the taxpayer's proportionate or
distributive share of the amount of depreciation expense allowed
by that subsection to a pass-through entity in which the taxpayer
has a direct or indirect ownership interest.
(ii) Add five-sixths of the amount of qualifying section 179
depreciation expense, including a person's proportionate or
distributive share of the amount of qualifying section 179
depreciation expense allowed to any pass-through entity in which
the person has a direct or indirect ownership. For the purposes of
this division, "qualifying section 179 depreciation expense" means
the difference between (I) the amount of depreciation expense
directly or indirectly allowed to the taxpayer under section 179
of the Internal Revenue Code, and (II) the amount of depreciation
expense directly or indirectly allowed to the taxpayer under
section 179 of the Internal Revenue Code as that section existed
on December 31, 2002.
The tax
commissioner, under procedures established by the
commissioner,
may waive the add-backs related to a pass-through
entity if the
taxpayer owns, directly or indirectly, less than
five per cent of
the pass-through entity.
(b) Nothing in division (A)(20) of this section shall be
construed to adjust or modify the adjusted basis of any asset.
(c) To the extent the add-back required under division
(A)(20)(a) of this section is attributable to property generating
nonbusiness income or loss allocated under section 5747.20 of the
Revised Code, the add-back shall be sitused to the same location
as the nonbusiness income or loss generated by the property for
the purpose of determining the credit under division (A) of
section 5747.05 of the Revised Code. Otherwise, the add-back
shall
be apportioned, subject to one or more of the four
alternative
methods of apportionment enumerated in section 5747.21
of the
Revised Code.
(d) For the purposes of division (A) of this section, net
operating loss carryback and carryforward shall not include
five-sixths of the allowance of any net operating loss deduction
carryback or carryforward to the taxable year to the extent such
loss resulted from depreciation allowed by section 168(k) of the
Internal Revenue Code and by the qualifying section 179
depreciation expense amount.
(21)(a) If the taxpayer was required to add an amount under
division (A)(20)(a) of this section for a taxable year, deduct
one-fifth of the amount so added for each of the five succeeding
taxable years.
(b) If the amount deducted under division (A)(21)(a) of
this
section is attributable to an add-back allocated under
division
(A)(20)(c) of this section, the amount deducted shall be
sitused
to the same location. Otherwise, the add-back shall be
apportioned
using the apportionment factors for the taxable year
in which the
deduction is taken, subject to one or more of the
four alternative
methods of apportionment enumerated in section
5747.21 of the
Revised Code.
(c) No deduction is available under division (A)(21)(a) of
this section with regard to any depreciation allowed by section
168(k) of the Internal Revenue Code and by the qualifying section
179 depreciation expense amount to the extent that such
depreciation resulted in or increased a federal net operating loss
carryback or carryforward to a taxable year to which division
(A)(20)(d) of this section does not apply.
(22) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, the amount the taxpayer received during the taxable year as
reimbursement for life insurance premiums under section 5919.31 of
the Revised Code.
(23) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, the amount the taxpayer received during the taxable year as
a death benefit paid by the adjutant general under section 5919.33
of the Revised Code.
(24) Deduct, to the extent included in federal adjusted gross
income and not otherwise allowable as a deduction or exclusion in
computing federal or Ohio adjusted gross income for the taxable
year, military pay and allowances received by the taxpayer during
the taxable year for active duty service in the United States
army, air force, navy, marine corps, or coast guard or reserve
components thereof or the national guard. The deduction may not be
claimed for military pay and allowances received by the taxpayer
while the taxpayer is stationed in this state.
(25) Deduct, to the extent not otherwise allowable as a
deduction or exclusion in computing federal or Ohio adjusted gross
income for the taxable year and not otherwise compensated for by
any other source, the amount of qualified organ donation expenses
incurred by the taxpayer during the taxable year, not to exceed
ten thousand dollars. A taxpayer may deduct qualified organ
donation expenses only once for all taxable years beginning with
taxable years beginning in 2007.
For the purposes of division (A)(25) of this section:
(a) "Human organ" means all or any portion of a human liver,
pancreas, kidney, intestine, or lung, and any portion of human
bone marrow.
(b) "Qualified organ donation expenses" means travel
expenses, lodging expenses, and wages and salary forgone by a
taxpayer in connection with the taxpayer's donation, while living,
of one or more of the taxpayer's human organs to another human
being.
(26) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, amounts received by the taxpayer as retired military
personnel pay for service in the United States army, navy, air
force, coast guard, or marine corps or reserve components thereof,
or the national guard, or received by the
surviving spouse or
former spouse of such a taxpayer under the
survivor benefit plan
on account of such a taxpayer's death. If the taxpayer receives
income on account
of retirement paid under the federal civil
service retirement
system or federal employees retirement system,
or under any
successor retirement program enacted by the congress
of the United
States that is established and maintained for
retired employees of
the United States government, and such
retirement income is based,
in whole or in part, on credit for
the taxpayer's military
service, the deduction allowed under this
division shall include
only that portion of such retirement
income that is attributable
to the taxpayer's military service,
to the extent that portion of
such retirement income is otherwise
included in federal adjusted
gross income and is not otherwise
deducted under this section. Any
amount deducted under division
(A)(26)
of this section is not
included in a taxpayer's
adjusted gross
income for the purposes
of section 5747.055 of
the Revised Code.
No amount may be
deducted under division
(A)(26) of this section
on the basis of
which a credit was
claimed under section 5747.055
of the Revised
Code.
(27) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, the amount the taxpayer received during the taxable year
from the military injury relief fund created in section 5101.98 of
the Revised Code.
(B) "Business income" means income, including gain or loss,
arising from
transactions, activities, and sources in the regular
course of a
trade or business and includes income, gain, or loss
from
real property, tangible
property, and
intangible
property if
the acquisition, rental,
management, and
disposition
of the
property constitute integral
parts of the
regular course of
a
trade or business operation.
"Business income"
includes income,
including gain or loss, from a
partial or
complete liquidation of
a business, including, but not
limited to,
gain or loss from the
sale or other disposition of
goodwill.
(C) "Nonbusiness income" means all income other than
business
income and may include, but is not limited to,
compensation, rents
and royalties from real or tangible personal
property, capital
gains, interest, dividends and distributions,
patent or copyright
royalties, or lottery winnings, prizes, and
awards.
(D) "Compensation" means any form of remuneration paid to
an
employee for personal services.
(E) "Fiduciary" means a guardian, trustee, executor,
administrator, receiver, conservator, or any other person acting
in any fiduciary capacity for any individual, trust, or estate.
(F) "Fiscal year" means an accounting period of twelve
months
ending on the last day of any month other than December.
(G) "Individual" means any natural person.
(H) "Internal Revenue Code" means the "Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.
(I) "Resident" means
any of the following, provided that
division (I)(3) of this section applies only to taxable years of a
trust beginning in 2002 or thereafter:
(1) An individual who is domiciled in this state, subject
to
section 5747.24 of the Revised Code;
(2) The estate of a decedent who at the time of death
was
domiciled in this state. The domicile tests of section
5747.24 of
the Revised Code are not controlling for purposes of
division
(I)(2)
of this section.
(3)
A
trust that, in whole or part, resides in this state.
If
only part of a trust resides in this state, the trust is a
resident only with respect to that part.
For the purposes of
division (I)(3) of this section:
(a) A trust resides in this state
for the trust's current
taxable year to
the extent, as described in division (I)(3)(d) of
this section, that
the trust consists directly or indirectly,
in
whole or
in part,
of assets, net of any related
liabilities, that
were
transferred, or caused to be transferred,
directly or
indirectly,
to the trust by any of the following:
(i) A person, a court, or a governmental
entity or
instrumentality on account of the death of a decedent, but only if
the trust is described in division (I)(3)(e)(i)
or (ii) of this
section;
(ii) A person who
was domiciled in this state
for the
purposes of
this chapter when the person directly or indirectly
transferred
assets to an irrevocable trust, but only if at least
one of the
trust's qualifying beneficiaries is domiciled in this
state for
the purposes of this chapter during all or some portion
of the
trust's current taxable year;
(iii) A person who was domiciled in this state
for the
purposes of this chapter when the trust
document or instrument
or
part of the trust
document or instrument became irrevocable, but
only if at least
one
of
the trust's qualifying beneficiaries is a
resident domiciled in
this state for the purposes of
this chapter
during all or some
portion of the trust's current taxable year. If
a trust document or instrument became irrevocable upon the death
of a person who at the time of death was domiciled in this state
for purposes of this chapter, that person is a person described in
division (I)(3)(a)(iii) of this section.
(b) A trust is
irrevocable to
the extent that the transferor
is not
considered to
be the owner
of the net assets of the trust
under sections 671 to
678 of the
Internal
Revenue Code.
(c) With respect to a trust other than a charitable lead
trust, "qualifying beneficiary" has the same meaning as "potential
current beneficiary" as defined in section 1361(e)(2) of the
Internal Revenue Code, and with respect to a charitable lead trust
"qualifying beneficiary" is any current, future, or contingent
beneficiary, but with respect to any trust "qualifying
beneficiary" excludes a person or a governmental entity or
instrumentality to any of which a contribution would qualify for
the charitable deduction under section 170 of the Internal Revenue
Code.
(d) For the purposes of division (I)(3)(a) of this section,
the extent to which a trust consists directly or indirectly, in
whole or in part, of assets, net of any related liabilities, that
were transferred directly or indirectly, in whole or part, to the
trust by any of the sources enumerated in that division shall be
ascertained by multiplying the fair market value of the trust's
assets, net of related liabilities, by the qualifying ratio, which
shall be computed as follows:
(i) The first time the trust receives assets, the numerator
of the qualifying ratio is the fair market value of those assets
at that time, net of any related liabilities, from sources
enumerated in division (I)(3)(a) of this section. The denominator
of the qualifying ratio is the fair market value of all the
trust's assets at that time, net of any related liabilities.
(ii) Each subsequent time the trust receives assets, a
revised qualifying ratio shall be computed. The numerator of the
revised qualifying ratio is the sum of (1) the fair market value
of the trust's assets immediately prior to the subsequent
transfer, net of any related liabilities, multiplied by the
qualifying ratio last computed without regard to the subsequent
transfer, and (2) the fair market value of the subsequently
transferred assets at the time transferred, net of any related
liabilities, from sources enumerated in division (I)(3)(a) of this
section. The denominator of the revised qualifying ratio is the
fair market value of all the trust's assets immediately after the
subsequent transfer, net of any related liabilities.
(iii) Whether a transfer to the trust is by or from any of
the sources enumerated in division (I)(3)(a) of this section shall
be ascertained without regard to the domicile of the trust's
beneficiaries.
(e) For the purposes of division (I)(3)(a)(i) of this
section:
(i) A trust is described in division (I)(3)(e)(i) of this
section if the trust is a testamentary trust and the testator of
that testamentary trust was domiciled in this state at the time of
the testator's death for purposes of the taxes levied under
Chapter 5731. of the Revised Code.
(ii) A trust is described in division (I)(3)(e)(ii) of this
section if the transfer is a qualifying transfer described in any
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an
irrevocable inter vivos trust, and at least one of the trust's
qualifying beneficiaries is domiciled in this state for purposes
of this chapter during all or some portion of the trust's current
taxable year.
(f) For the purposes of division (I)(3)(e)(ii) of this
section, a "qualifying transfer" is a transfer of assets, net of
any related liabilities, directly or indirectly to a trust, if the
transfer is described in any of the following:
(i) The transfer is made to a trust, created by the
decedent
before the decedent's death and while the decedent was
domiciled
in this state for the purposes of this chapter, and,
prior to the
death of the decedent, the trust became irrevocable
while the
decedent was domiciled in this state for the purposes of
this
chapter.
(ii) The transfer is made to a trust to which the decedent,
prior to the decedent's death, had directly or indirectly
transferred assets, net of any related liabilities, while the
decedent was domiciled in this state for the purposes of this
chapter, and prior to the death of the decedent the trust became
irrevocable while the decedent was domiciled in this state for the
purposes of this chapter.
(iii) The transfer is made on account of a contractual
relationship existing directly or indirectly between the
transferor and either the decedent or the estate of the decedent
at any time prior to the date of the decedent's death, and the
decedent was domiciled in this state at the time of death for
purposes of the taxes levied under Chapter 5731. of the Revised
Code.
(iv) The transfer is made to a trust on account of a
contractual relationship existing directly or indirectly between
the transferor and another person who at the time of the
decedent's death was domiciled in this state for purposes of this
chapter.
(v) The transfer is made to a trust on account of the will
of
a testator.
(vi) The transfer is made to a trust created by or caused
to
be created by a court, and the trust was directly or indirectly
created in connection with or as a result of the death of an
individual who, for purposes of the taxes levied under Chapter
5731. of the Revised Code, was domiciled in this state at the time
of the individual's death.
(g) The tax commissioner may adopt rules to ascertain the
part
of
a trust residing in this state.
(J) "Nonresident" means an individual or estate that is
not
a
resident. An individual who is a resident for only part of
a
taxable year is a nonresident for the remainder of that taxable
year.
(K) "Pass-through entity" has the same meaning as in section
5733.04 of the
Revised Code.
(L) "Return" means the notifications and reports required
to
be filed pursuant to this chapter for the purpose of reporting
the
tax due and includes declarations of estimated tax when so
required.
(M) "Taxable year" means the calendar year or the
taxpayer's
fiscal year ending during the calendar year, or
fractional part
thereof, upon which the adjusted gross income is
calculated
pursuant to this chapter.
(N) "Taxpayer" means any person subject to the tax imposed
by
section 5747.02 of the Revised Code or any pass-through entity
that
makes the election under division (D) of section 5747.08 of
the Revised Code.
(O) "Dependents" means dependents as defined in the
Internal
Revenue Code and as claimed in the taxpayer's federal
income tax
return for the taxable year or which the taxpayer
would have been
permitted to claim had the taxpayer filed a
federal income
tax
return.
(P) "Principal county of employment" means, in the case of
a
nonresident, the county within the state in which a taxpayer
performs services for an employer or, if those services are
performed in more than one county, the county in which the major
portion of the services are performed.
(Q) As used in sections 5747.50 to 5747.55 of the Revised
Code:
(1) "Subdivision" means any county, municipal corporation,
park district, or township.
(2) "Essential local government purposes" includes all
functions that any subdivision is required by general law to
exercise, including like functions that are exercised under a
charter adopted pursuant to the Ohio Constitution.
(R) "Overpayment" means any amount already paid that
exceeds
the figure determined to be the correct amount of the
tax.
(S) "Taxable income"
or "Ohio taxable income" applies
only
to
estates
and
trusts,
and means
federal
taxable income, as
defined
and used in the
Internal
Revenue Code,
adjusted as
follows:
(1) Add interest or dividends, net of ordinary, necessary,
and reasonable expenses not deducted in computing federal taxable
income, on obligations or securities
of any state or of any
political subdivision or authority of any
state, other than this
state and its subdivisions and
authorities, but only to the
extent
that such net amount is not otherwise includible in Ohio
taxable
income and is described in either division (S)(1)(a) or
(b) of
this section:
(a) The net amount is not attributable to the S portion of
an
electing small business trust and has not been distributed to
beneficiaries for the taxable year;
(b) The net amount is attributable to the S portion of an
electing small business trust for the taxable year.
(2) Add interest or dividends, net of ordinary, necessary,
and reasonable expenses not deducted in computing federal taxable
income, on obligations of any
authority, commission,
instrumentality, territory, or possession
of the United States
to
the extent that
the interest or dividends are exempt from federal
income taxes
but
not from state income taxes, but only to the
extent that such net amount is not otherwise includible in Ohio
taxable income and is described in either division (S)(1)(a) or
(b) of this section;
(3) Add the amount of personal exemption allowed to the
estate pursuant to section 642(b) of the Internal Revenue Code;
(4) Deduct interest or dividends, net of related expenses
deducted in computing federal taxable income, on obligations of
the
United States and its territories and possessions or of any
authority, commission, or instrumentality of the United States
to
the extent
that
the interest or dividends are exempt from state
taxes under the laws of the United
States, but only to the extent
that such amount is included in federal taxable income and is
described in either division (S)(1)(a) or (b) of this section;
(5) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal taxable income for
the taxable year, had the targeted jobs credit allowed under
sections 38, 51, and 52 of the Internal Revenue Code not been in
effect, but only to the extent such amount relates either to
income included in federal taxable income for the taxable year or
to income of the S portion of an electing small business trust for
the taxable year;
(6) Deduct any interest or interest equivalent, net of
related expenses deducted in computing federal taxable income, on
public
obligations and purchase obligations, but only to the
extent
that such net amount relates either to income included in
federal taxable income
for the taxable year or to income of the S
portion of an electing small business trust for the taxable year;
(7) Add any loss or deduct any gain resulting from sale,
exchange, or other disposition of public obligations to the
extent
that such loss has been deducted or such gain has been
included in
computing either federal taxable income
or income of the S portion
of an electing small business trust for the taxable year;
(8) Except in the case of the final return of an estate,
add
any amount deducted by the taxpayer on both its Ohio estate
tax
return pursuant to section 5731.14 of the Revised Code, and
on its
federal income tax return in determining
federal taxable income;
(9)(a) Deduct any amount included in federal taxable income
solely because the amount represents a reimbursement or refund of
expenses that in a previous year the decedent had deducted as an
itemized deduction pursuant to section 63 of the Internal Revenue
Code and applicable treasury regulations.
The deduction otherwise
allowed under division (S)(9)(a) of this section shall be reduced
to the extent the reimbursement is attributable to an amount the
taxpayer or decedent deducted under this section in any taxable
year.
(b) Add any amount not otherwise included in Ohio taxable
income
for any taxable year to the extent that the amount is
attributable
to the recovery during the taxable year of any amount
deducted or
excluded in computing federal or Ohio taxable income
in any
taxable year, but only to the extent such amount has not
been distributed
to beneficiaries for the taxable year.
(10) Deduct any portion of the deduction described in
section
1341(a)(2) of the Internal Revenue Code, for repaying
previously
reported income received under a claim of right, that
meets both
of the following requirements:
(a) It is allowable for repayment of an item that was
included in the taxpayer's taxable income or the decedent's
adjusted gross income for a prior taxable year and did not
qualify
for a credit under division (A) or (B) of section 5747.05
of the
Revised Code for that year.
(b) It does not otherwise reduce the taxpayer's taxable
income or the decedent's adjusted gross income for the current or
any other taxable year.
(11) Add any amount claimed as a credit under section
5747.059
of the Revised Code to the extent that the amount
satisfies
either of the following:
(a) The amount was deducted or excluded from the computation
of the
taxpayer's federal taxable income as required to be
reported for the
taxpayer's taxable year under the Internal
Revenue Code;
(b) The amount resulted in a reduction in the taxpayer's
federal taxable
income as required to be reported for any of the
taxpayer's taxable years
under the Internal Revenue Code.
(12) Deduct any amount, net of related expenses deducted in
computing federal taxable income, that a trust is required to
report
as
farm income on its federal income tax return, but only
if the
assets of the trust include at least ten acres of land
satisfying
the definition of "land devoted exclusively to
agricultural use"
under section 5713.30 of the Revised Code,
regardless of whether
the land is valued for tax purposes as such
land under sections
5713.30 to 5713.38 of the Revised Code.
If the
trust is a
pass-through entity investor, section 5747.231 of the
Revised Code
applies in ascertaining if the trust is eligible to
claim the
deduction provided by division (S)(12) of this section
in
connection with the pass-through entity's farm income.
Except for farm income attributable to the S portion of an
electing small business trust, the deduction provided by division
(S)(12) of this section is allowed only to the extent that the
trust has not distributed such farm income.
Division (S)(12) of
this
section applies only to taxable years of a trust beginning
in
2002 or thereafter.
(13) Add the net amount of income described in section 641(c)
of the Internal Revenue Code to the extent that amount is not
included in federal taxable income.
(14) Add or deduct the amount the taxpayer would be
required
to add or deduct under division (A)(20) or (21) of this
section if
the taxpayer's
Ohio taxable income were computed in the same
manner as
an individual's
Ohio adjusted gross income is computed
under
this
section. In the case of a trust, division (S)(14) of
this
section
applies only to any of the trust's taxable years
beginning
in
2002 or thereafter.
(T) "School district income" and "school district income
tax"
have the same meanings as in section 5748.01 of the Revised
Code.
(U) As used in divisions (A)(8), (A)(9), (S)(6), and
(S)(7)
of this section, "public obligations," "purchase
obligations," and
"interest or interest equivalent" have the same
meanings as in
section 5709.76 of the Revised Code.
(V) "Limited liability company" means any limited
liability
company formed under Chapter 1705. of the Revised Code
or under
the laws of any other state.
(W) "Pass-through entity investor" means any person who,
during any portion
of a taxable year of a pass-through entity, is
a partner, member, shareholder,
or
equity investor in that
pass-through
entity.
(X) "Banking day" has the same meaning as in section 1304.01
of the Revised
Code.
(Y) "Month" means a calendar month.
(Z) "Quarter" means the first three months, the second three
months, the
third three months, or the last three months of the
taxpayer's taxable year.
(AA)(1) "Eligible institution" means a state university or
state
institution of higher education as defined in section
3345.011 of the Revised Code, or a
private, nonprofit college,
university, or other post-secondary institution
located in this
state that possesses a certificate of authorization issued by
the
Ohio board of regents pursuant to Chapter 1713. of the Revised
Code or a
certificate of registration issued by the state board of
career colleges and schools under Chapter 3332. of the Revised
Code.
(2) "Qualified tuition and fees" means tuition and fees
imposed by an
eligible institution as a condition of enrollment or
attendance, not exceeding
two thousand five hundred dollars in
each of the individual's first two years
of post-secondary
education. If the individual is a part-time student,
"qualified
tuition and fees" includes tuition and fees paid for the academic
equivalent of the first two years of post-secondary education
during a maximum
of five taxable years, not exceeding a total of
five thousand dollars.
"Qualified tuition and fees" does not
include:
(a) Expenses for any course or activity involving sports,
games,
or hobbies unless the course or activity is part of the
individual's degree or
diploma program;
(b) The cost of books, room and board, student activity
fees,
athletic fees, insurance expenses, or other expenses
unrelated to
the
individual's academic course of instruction;
(c) Tuition, fees, or other expenses paid or reimbursed
through
an employer, scholarship, grant in aid, or other
educational benefit program.
(BB)(1) "Modified business
income" means the business income
included in a trust's
Ohio taxable
income after such taxable
income is
first reduced by the
qualifying
trust amount, if any.
(2) "Qualifying
trust amount" of a trust means capital gains
and
losses from the sale, exchange, or other disposition of equity
or
ownership
interests in, or debt obligations of, a
qualifying
investee to the extent included in the trust's
Ohio
taxable
income, but
only if the
following requirements are satisfied:
(a) The book value of the qualifying
investee's
physical
assets in this state and everywhere, as of the last day
of the
qualifying investee's fiscal or calendar year ending
immediately
prior to the date on which the trust recognizes the
gain or loss,
is available to the trust.
(b) The requirements of section 5747.011 of the Revised Code
are satisfied for the trust's taxable year in which the trust
recognizes the gain or loss.
Any gain or loss that is not a qualifying trust amount is
modified business income, qualifying investment income, or
modified nonbusiness income, as the
case may be.
(3) "Modified nonbusiness income" means a trust's
Ohio
taxable
income other than modified business income, other than
the
qualifying
trust amount, and other than qualifying investment
income, as defined in section 5747.012 of the Revised Code, to the
extent such qualifying investment income is not otherwise part of
modified business income.
(4) "Modified
Ohio taxable income" applies only to trusts,
and
means the sum of the
amounts described in divisions
(BB)(4)(a)
to (c) of this section:
(a)
The fraction,
calculated under section 5747.013, and
applying
section 5747.231 of the Revised Code, multiplied by the
sum of the following amounts:
(i) The trust's modified business income;
(ii) The trust's qualifying investment income, as defined
in
section 5747.012 of the Revised Code, but only to the extent
the
qualifying investment income does not otherwise constitute
modified business income and does not otherwise constitute a
qualifying trust amount.
(b) The qualifying
trust amount multiplied by
a
fraction, the
numerator of which is the sum of the
book value of
the
qualifying
investee's physical assets in this state
on the last day of the
qualifying
investee's fiscal or calendar year ending immediately
prior to the
day on which the trust recognizes the qualifying
trust amount, and
the denominator of which is the sum of the book
value of the
qualifying investee's total physical assets
everywhere
on the last day of the qualifying investee's
fiscal or
calendar year ending immediately prior to the day on
which the
trust recognizes the qualifying trust amount.
If, for a
taxable
year, the trust
recognizes a qualifying
trust amount
with
respect
to more than one
qualifying investee, the amount
described
in
division (BB)(4)(b)
of this section shall equal the
sum of the
products so computed
for each such qualifying
investee.
(c)(i) With respect to a trust or
portion of a trust that is
a resident as ascertained in accordance
with division (I)(3)(d) of
this section, its modified nonbusiness
income.
(ii) With respect to a trust or portion of a trust that is
not a resident as ascertained in accordance with division
(I)(3)(d) of this section, the amount of its modified nonbusiness
income satisfying the descriptions in divisions (B)(2) to (5) of
section 5747.20 of the Revised Code, except as otherwise provided
in division (BB)(4)(c)(ii) of this section. With respect to a
trust or portion of a trust that is not a resident as ascertained
in accordance with division (I)(3)(d) of this section, the trust's
portion of modified nonbusiness income recognized from the sale,
exchange, or other disposition of a debt interest in or equity
interest in a section 5747.212 entity, as defined in section
5747.212 of the Revised Code, without regard to division (A) of
that section, shall not be allocated to this state in accordance
with section 5747.20 of the Revised Code but shall be apportioned
to this state in accordance with division (B) of section 5747.212
of the Revised Code without regard to division (A) of that
section.
If the allocation and apportionment of a trust's income
under
divisions (BB)(4)(a) and (c) of this section do not fairly
represent the modified
Ohio taxable income of the trust in this
state,
the alternative methods described in division (C) of
section
5747.21 of the Revised Code may be applied in the manner
and to
the same extent provided in that section.
(5)(a) Except as set forth in division
(BB)(5)(b) of this
section, "qualifying investee" means a person
in which a trust
has
an equity or ownership interest, or a person
or unit of
government
the debt obligations of either of which are
owned by a
trust.
For
the purposes of division (BB)(2)(a) of this
section and for the
purpose of computing the fraction described in
division (BB)(4)(b)
of this section, all of the following apply:
(i) If the qualifying investee is a member of a qualifying
controlled group on the last day of the qualifying investee's
fiscal or calendar year ending immediately prior to the date on
which the trust recognizes the gain or loss, then "qualifying
investee" includes all persons in the qualifying controlled group
on such last day.
(ii) If the qualifying investee, or if the qualifying
investee and any members of the
qualifying controlled group of
which the qualifying investee is a
member on the last day of the
qualifying investee's fiscal or
calendar year ending immediately
prior to the date on which the
trust recognizes the gain or loss,
separately or cumulatively own,
directly or indirectly, on the
last day of the qualifying
investee's fiscal or calendar year
ending immediately prior to the
date on which the trust recognizes
the qualifying trust amount, more
than fifty per cent of the
equity of a pass-through entity, then
the qualifying investee and
the other members are deemed to own
the proportionate share of the
pass-through entity's physical
assets which the pass-through
entity directly or indirectly owns
on the last day of the
pass-through entity's calendar or fiscal
year ending within or
with the last day of the qualifying
investee's fiscal or calendar
year ending immediately prior to the
date on which the trust
recognizes the qualifying trust amount.
(iii) For the purposes of division (BB)(5)(a)(iii) of this
section, "upper level
pass-through entity" means a pass-through
entity directly or
indirectly owning any equity of another
pass-through entity, and
"lower level pass-through
entity" means
that other pass-through entity.
An upper level pass-through entity, whether or not it is
also
a qualifying investee, is deemed to own, on the last day of
the
upper level pass-through entity's calendar or fiscal year, the
proportionate share of the lower level pass-through entity's
physical assets that the lower level pass-through entity directly
or indirectly owns on the last day of the lower level pass-through
entity's calendar or fiscal year ending within or with the last
day of the upper level pass-through entity's fiscal or calendar
year. If the upper level pass-through entity directly and
indirectly owns less than fifty per cent of the equity of the
lower level pass-through entity on each day of the upper level
pass-through entity's calendar or fiscal year in which or with
which ends the calendar or fiscal year of the lower level
pass-through entity and if, based upon clear and convincing
evidence, complete information about the location and cost of the
physical assets of the lower pass-through entity is not available
to the upper level pass-through entity, then solely for purposes
of ascertaining if a gain or loss constitutes a qualifying trust
amount, the upper level pass-through entity shall be deemed as
owning no equity of the lower level pass-through entity for each
day during the upper level pass-through entity's calendar or
fiscal year in which or with which ends the lower level
pass-through entity's calendar or fiscal year. Nothing in
division
(BB)(5)(a)(iii) of this section shall be construed to
provide for
any deduction or
exclusion in computing any trust's
Ohio taxable
income.
(b) With respect to a trust that is not a resident for the
taxable year and with respect to a part of a trust that is not a
resident for the taxable year, "qualifying investee" for that
taxable year does not include a C corporation if both of the
following apply:
(i) During the taxable year the trust or part of the trust
recognizes a gain or loss from the sale, exchange, or other
disposition of equity or ownership interests in, or debt
obligations of, the C corporation.
(ii) Such gain or loss constitutes nonbusiness income.
(6) "Available" means information is such that a person
is
able to learn of the information by the due date plus
extensions,
if any, for filing the return for the taxable year in
which the
trust recognizes the gain or loss.
(CC) "Qualifying controlled group" has the same meaning as
in
section 5733.04 of the Revised Code.
(DD) "Related member" has the same meaning as in section
5733.042 of the Revised Code.
(EE)(1) For the purposes of division (EE) of this section:
(a) "Qualifying person" means any person other than a
qualifying corporation.
(b) "Qualifying corporation" means any person classified for
federal income tax purposes as an association taxable as a
corporation, except either of the following:
(i) A corporation that has made an election under subchapter
S, chapter one, subtitle A, of the Internal Revenue Code for its
taxable year ending within, or on the last day of, the investor's
taxable year;
(ii) A subsidiary that is wholly owned by any corporation
that has made an election under subchapter S, chapter one,
subtitle A of the Internal Revenue Code for its taxable year
ending within, or on the last day of, the investor's taxable year.
(2) For the purposes of this chapter, unless expressly stated
otherwise, no qualifying person indirectly owns any asset directly
or indirectly owned by any qualifying corporation.
(FF) For purposes of this chapter and Chapter 5751. of the
Revised Code:
(1) "Trust" does not include a qualified pre-income tax
trust.
(2) A "qualified pre-income tax trust" is any pre-income tax
trust that makes a qualifying pre-income tax trust election as
described in division (FF)(3) of this section.
(3) A "qualifying pre-income tax trust election" is an
election by a pre-income tax trust to subject to the tax imposed
by section 5751.02 of the Revised Code the pre-income tax trust
and all pass-through entities of which the trust owns or
controls,
directly, indirectly, or constructively through related
interests,
five per cent or more of the ownership or equity
interests. The
trustee shall notify the tax commissioner in
writing of the
election on or before April 15, 2006. The
election, if timely
made, shall be effective on and after January
1, 2006, and shall
apply for all tax periods and tax years until
revoked by the
trustee of the trust.
(4) A "pre-income tax trust" is a trust that satisfies all of
the following requirements:
(a) The document or instrument creating the trust was
executed by the grantor before January 1, 1972;
(b) The trust became irrevocable upon the creation of the
trust; and
(c) The grantor was domiciled in this state at the time the
trust was created.
Sec. 5747.13. (A) If any employer collects the tax
imposed
by section 5747.02 or under Chapter 5748. of the Revised
Code and
fails to remit the tax as required by law, or fails to
collect the
tax, the employer is personally liable for any
amount collected
that the employer fails to remit, or any
amount
that
the
employer
fails to collect. If any taxpayer
fails to file a
return
or fails
to pay the tax
imposed by section 5747.02 or under
Chapter 5748.
of the Revised
Code, the taxpayer is personally
liable for the
amount of the tax.
If any employer, taxpayer, or qualifying entity
required to
file a return under
this chapter fails to file the return within
the time prescribed,
files an incorrect return, fails to remit the
full amount of the
taxes due for the period covered by the return,
or fails to remit
any additional tax due as a result of a
reduction in the amount
of the credit allowed under division (B)
of section 5747.05 of
the Revised Code together with interest on
the additional tax
within the time prescribed by that division,
the tax commissioner
may make an assessment against any person
liable for any
deficiency for the period for which the return is
or taxes are
due, based upon any information in the commissioner's
possession.
An assessment issued against either the employer or the
taxpayer pursuant to this section shall not be considered an
election of remedies or a bar to an assessment against the other
for failure to report or pay the same tax. No assessment shall
be
issued against any person if the tax actually has been paid by
another.
No assessment shall
be made or issued against an employer,
taxpayer, or
qualifying entity more than four years after the
final date the return
subject to assessment was required to be
filed or the date the
return was filed, whichever is later.
However, the commissioner
may assess any balance due as the result
of a reduction in the
credit allowed under division (B) of section
5747.05 of the
Revised Code, including applicable penalty and
interest, within
four years of the date on which the taxpayer
reports a change in
either the portion of the taxpayer's adjusted
gross income
subjected to an income tax or tax measured by income
in another
state or the District of Columbia, or the amount of
liability for
an income tax or tax measured by income to another
state or the
District of Columbia, as required by division (B)(3)
of section
5747.05 of the Revised Code. Such time limits may be
extended if
both the employer, taxpayer, or qualifying
entity and
the commissioner consent in
writing to the extension
or if an
agreement waiving or extending the time limits has been entered
into pursuant to section 122.171 of the Revised Code.
Any such
extension shall extend the
four-year time limit in
division (B) of
section 5747.11
of the Revised Code for the same
period of
time.
There shall be no bar or limit to an assessment
against an
employer for taxes withheld from employees and not
remitted to
the
state, against an employer, taxpayer,
or
qualifying entity that
fails to file a
return subject to
assessment as required by this
chapter, or
against an employer,
taxpayer, or
qualifying entity
that files a fraudulent return.
The commissioner shall give the party assessed written
notice
of the assessment
in the manner
provided in section 5703.37 of
the
Revised
Code.
With the notice, the commissioner shall provide
instructions on how to petition for reassessment and request a
hearing on the petition.
(B) Unless the party
assessed files with the
tax
commissioner
within sixty
days
after
service of the notice of
assessment,
either personally
or by
certified mail, a
written
petition for
reassessment, signed by
the party assessed or
that
party's
authorized agent having
knowledge
of the facts, the
assessment
becomes final, and the amount
of the assessment
is
due and payable
from the party
assessed to the
commissioner with
remittance made
payable to the
treasurer of
state. The petition
shall indicate the
objections of
the party
assessed, but
additional objections may be
raised in
writing if
received
by the
commissioner prior
to the
date shown on
the final determination.
If the petition has been
properly filed, the commissioner
shall
proceed under section
5703.60 of the Revised Code.
(C) After an assessment becomes final, if any portion of
the
assessment remains unpaid, including accrued interest, a
certified
copy of the
tax commissioner's entry making the assessment final
may
be
filed in the office of the clerk of the court of common
pleas
in the
county in which the employer's, taxpayer's, or
qualifying
entity's place of
business is located or the county in
which the
party assessed resides. If
the party assessed is not a
resident
of this state, the certified
copy of the entry may be
filed in the
office of the clerk of the
court of common pleas of
Franklin
county.
Immediately upon the filing of the entry, the clerk shall
enter a judgment against the party assessed in the amount shown
on
the entry. The judgment shall be filed by the clerk in one of
two
loose-leaf books, one entitled
"special judgments for state
and
school district income taxes," and the other entitled
"special
judgments
for qualifying entity taxes." The judgment shall have
the same effect
as other judgments. Execution shall issue upon
the
judgment upon
the request of the tax commissioner, and all
laws
applicable to
sales on execution shall apply to sales made
under
the judgment.
The portion of the assessment not paid
within sixty days
after the assessment was issued shall
bear interest
at the rate
per annum prescribed by section 5703.47 of the
Revised Code from
the day the tax
commissioner issues the assessment until it is
paid. Interest shall be
paid in the same manner as the tax and
may
be collected by the issuance of an
assessment under this
section.
(D) All money collected under this section shall be
considered as revenue arising from the taxes imposed by this
chapter or Chapter 5733. or 5748. of the Revised Code, as
appropriate.
(E) The portion of an assessment
that must be paid
upon
the
filing of a petition for reassessment shall be as
follows:
(1) If the sole item objected to is the assessed penalty
or
interest, payment of the assessment, including
interest but
not
penalty, is required;
(2) If the taxpayer or qualifying entity that is assessed
failed to
file, prior to the
date of issuance of the assessment,
the annual return or report
required by section 5747.08 or 5747.42
of the Revised Code, any amended
return or amended report required
by section 5747.10 or 5747.45 of the Revised Code for the taxable
year at
issue, or any report required by division (B) of section
5747.05
of the Revised Code to indicate a reduction in the amount
of the
credit provided under that division, payment of the
assessment, including interest but not penalty, is
required,
except as
otherwise provided under division (E)(6) or (7) of this
section;
(3) If the employer assessed had not filed, prior to the
date
of issuance of the assessment, the annual return required by
division (E)(2) of section 5747.07 of the Revised Code covering
the period at issue, payment of the assessment, including
interest
but not penalty, is required;
(4) If the taxpayer or qualifying entity that is assessed
filed, prior
to the date of
issuance of the assessment, the annual
return or report required by
section
5747.08 or 5747.42 of the
Revised Code, all amended returns
or reports required by
section
5747.10 or 5747.45 of the Revised Code for the taxable
year at
issue, and all reports required by division (B) of section
5747.05
of the Revised Code to indicate a reduction in the amount
of the
credit provided under that division, and a balance of the
taxes
shown due on the returns or reports as computed on the
returns or
reports remains unpaid, payment of only that portion
of the
assessment representing the unpaid balance of tax and interest
is
required;
(5) If the employer assessed filed, prior to the date of
issuance of the assessment, the annual return required by
division
(E)(2) of section 5747.07 of the Revised Code covering
the period
at issue, and a balance of the taxes shown due on the
return as
computed on the return remains unpaid, payment of only
that
portion of the assessment representing the unpaid balance of tax
and
interest is
required;
(6) In the case of a party assessed as a qualifying entity
subject to the tax levied under section 5733.41 or 5747.41 of the
Revised
Code, if the party does not dispute that it is a
qualifying entity
subject to that tax but claims the protections
of section 101 of
Public Law 86-272, 73 Stat. 555, 15 U.S.C.A.
381, as amended, no payment is
required;
(7) In the case of a party assessed as a qualifying entity
subject
to the tax levied under section 5733.41 or 5747.41 of the
Revised Code, if the
party does dispute that it is a qualifying
entity subject
to that tax, no payment is required;
(8) If none of the conditions specified in divisions
(E)(1)
to (7) of this section apply, no payment is required If the party
assessed files a petition for reassessment under division (B) of
this section, the person, on or before the last day the petition
may be filed, shall pay the assessed amount, including assessed
interest and assessed penalties, if either of the following
conditions exists:
(1) The person files a tax return reporting Ohio adjusted
gross income, less the exemptions allowed by section 5747.025 of
the Revised Code, in an amount less than one cent, and the
reported amount is not based on the computations required under
division (A) of section 5747.01 or section 5747.025 of the Revised
Code.
(2) The person fails to file a tax return, and the basis for
this failure is not either of the following:
(a) An assertion that the person has no nexus with this
state;
(b) The computations required under division (A) of section
5747.01 of the Revised Code or the application of credits allowed
under this chapter has the result that the person's tax liability
is less than one dollar and one cent.
(F) Notwithstanding the fact that a petition for
reassessment
is pending, the petitioner may pay all or a portion
of the
assessment that is the subject of the petition. The
acceptance of
a payment by the treasurer of state does not
prejudice any claim
for refund upon final determination of the
petition.
If upon final determination of the petition an error in the
assessment is corrected by the
tax commissioner, upon petition so
filed or pursuant to a decision of the board of tax appeals or
any
court to which the determination or decision has been
appealed, so
that the amount due from the party assessed under
the corrected
assessment is less than the portion paid, there
shall be issued to
the petitioner or to the petitioner's assigns
or legal
representative a refund in the amount of the overpayment as
provided by section 5747.11 of the Revised Code, with interest on
that amount as provided by such section, subject to section
5747.12 of the Revised Code.
Sec. 5747.16. Any nonresident who accepts the privileges
extended by the laws
of this state to nonresidents earning or
receiving income in this state, and
any resident who becomes a
nonresident or conceals his the
person's whereabouts thereby makes
the secretary of state his
the person's agent for the service of
process or notice in
any assessment, action, or proceedings
instituted in this state against such
person under this chapter,
such process or notice shall be served by the
officer to whom the
same is directed by the tax commissioner, or by the
sheriff
of
Franklin county, who may be deputized for such purpose by the
officer to
whom the service is directed, upon the secretary of
state by leaving at the
secretary's office at least fifteen days
before the return day of such process
or notice, a true and
attested copy thereof, and by sending to the defendant
by
certified mail, postage prepaid, a like and true attested copy,
with an
endorsement thereon of the service upon the secretary of
state, addressed to
such defendant at his last known address as
provided under section 5703.37 of the Revised Code.
Sec. 5747.66. (A) Any term used in this section has the same
meaning as in section 122.85 of the Revised Code.
(B) There is allowed a credit against the tax imposed by
section 5747.02 of the Revised Code for any individual who, on the
last day of the individual's taxable year, is the certificate
owner of a tax credit certificate issued under section 122.85 of
the Revised Code. The credit shall be claimed for the taxable year
that includes the date the certificate was issued by the director
of development. The credit amount equals the amount stated in the
certificate. The credit shall be claimed in the order required
under section 5747.98 of the Revised Code. If the credit amount
exceeds the tax otherwise due under section 5747.02 of the Revised
Code after deducting all other credits in that order, the excess
shall be refunded.
Nothing in this section limits or disallows pass-through
treatment of the credit.
Sec. 5747.98. (A) To provide a uniform procedure for
calculating the amount of tax due under section 5747.02 of the
Revised Code, a taxpayer shall claim any credits to which the
taxpayer is
entitled in the following order:
(1) The retirement income credit under division (B) of
section 5747.055 of the Revised Code;
(2) The senior citizen credit under division (C) of
section
5747.05 of the Revised Code;
(3) The lump sum distribution credit under division (D) of
section 5747.05 of the Revised Code;
(4) The dependent care credit under section 5747.054 of
the
Revised Code;
(5) The lump sum retirement income credit under division
(C)
of section 5747.055 of the Revised Code;
(6) The lump sum retirement income credit under division
(D)
of section 5747.055 of the Revised Code;
(7) The lump sum retirement income credit under division
(E)
of section 5747.055 of the Revised Code;
(8) The low-income credit under section 5747.056 of the
Revised Code;
(9) The credit for displaced workers who pay for job
training
under section 5747.27 of the Revised Code;
(10) The campaign contribution credit under section
5747.29
of
the Revised Code;
(11) The twenty-dollar personal exemption credit under
section 5747.022 of the Revised Code;
(12) The joint filing credit under division (G) of
section
5747.05 of the Revised Code;
(13) The nonresident credit under division (A) of
section
5747.05 of the Revised Code;
(14) The credit for a resident's out-of-state income
under
division (B) of section 5747.05 of the Revised Code;
(15) The credit for employers that enter
into agreements
with
child day-care centers under section 5747.34 of the
Revised
Code;
(16) The credit for employers that reimburse employee
child
care expenses under section 5747.36 of the Revised Code;
(17) The credit for adoption of a minor child under section
5747.37 of the Revised Code;
(18) The credit for purchases of lights and reflectors under
section
5747.38 of the Revised Code;
(19)
The job retention credit under division (B) of section
5747.058 of the Revised Code;
(20) The credit for
selling alternative fuel under section
5747.77 of the
Revised
Code;
(21) The second credit for purchases of new
manufacturing
machinery and
equipment and the credit for using
Ohio coal under
section 5747.31 of the
Revised Code;
(22) The job training credit under section 5747.39 of
the
Revised Code;
(23) The enterprise zone credit under section 5709.66 of
the
Revised Code;
(24) The credit for the eligible costs associated with a
voluntary action
under section 5747.32 of the Revised Code;
(25) The credit
for employers that establish on-site
child
day-care centers under section
5747.35 of the Revised Code;
(26)
The ethanol plant investment credit under section
5747.75 of the Revised Code;
(27) The credit for purchases of qualifying grape
production
property under section 5747.28 of the Revised Code;
(28) The export sales credit under section 5747.057 of
the
Revised Code;
(29) The credit for research and development and
technology
transfer investors under section 5747.33 of the Revised
Code;
(30)
The enterprise zone credits under
section 5709.65
of
the
Revised Code;
(31) The research and development credit under section
5747.331 of the Revised Code;
(32) The credit for rehabilitating a historic building under
section 5747.76 of the Revised Code;
(33) The refundable credit for rehabilitating a historic
building under section 5747.76 of the Revised Code;
(34) The refundable jobs creation credit
under
division
(A)
of section
5747.058 of the Revised Code;
(35) The refundable credit for taxes paid by a
qualifying
entity granted under section 5747.059 of the Revised
Code;
(36) The refundable credits for taxes paid by a
qualifying
pass-through
entity granted under division (J) of
section 5747.08
of the Revised Code;
(37) The refundable credit for tax withheld under
division
(B)(1) of section 5747.062 of the Revised Code;
(38) The refundable credit under section 5747.80 of the
Revised Code for losses on loans made to the Ohio venture
capital
program under sections 150.01 to 150.10 of the Revised
Code;
(39) The refundable motion picture production credit under
section 5747.66 of the Revised Code.
(B) For any credit, except the refundable credits enumerated
in
divisions (A)(33) to (38) of
this
section
and
the
credit
granted
under division
(I) of
section
5747.08 of
the
Revised
Code, the
amount of the credit
for
a
taxable year
shall
not
exceed the tax
due after allowing for any
other credit
that
precedes it in the
order required under this
section. Any
excess
amount of a
particular credit may be carried
forward if
authorized
under the
section creating that credit.
Nothing in
this
chapter
shall be
construed to allow a taxpayer to
claim,
directly
or
indirectly, a
credit more than once for a
taxable
year.
Sec. 5748.02. (A) The board of education of any school
district, except a joint vocational school district,
may declare,
by resolution, the necessity of raising annually a
specified
amount of money for school district purposes. The resolution shall
specify whether the income that is to be subject to the tax is
taxable income of individuals and estates as defined in divisions
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or
taxable income of individuals as defined in division (E)(1)(b) of
that section. A copy
of the resolution shall be certified to the
tax commissioner no
later than eighty-five days prior to the date
of the election at
which the board intends to propose a levy under
this section.
Upon receipt of the copy of the resolution, the tax
commissioner
shall estimate both of the following:
(1) The property tax rate that would have to be imposed in
the current year by the district to produce an equivalent amount
of money;
(2) The income tax rate that would have had to have been
in
effect for the current year to produce an equivalent amount of
money from a school district income tax.
Within ten days of receiving the copy of the board's
resolution, the commissioner shall prepare these estimates and
certify them to the board. Upon receipt of the certification,
the
board may adopt a resolution proposing an income tax under
division (B) of this section at the estimated rate contained in
the certification rounded to the nearest one-fourth of one per
cent. The commissioner's certification applies only to the
board's
proposal to levy an income tax at the election for which
the board
requested the certification. If the board intends to
submit a
proposal to levy an income tax at any other election, it
shall
request another certification for that election in the
manner
prescribed in this division.
(B)(1) Upon the receipt of a certification from the tax
commissioner under division (A) of this section, a majority of
the
members of a board of education may adopt a resolution
proposing
the levy of an annual tax for school district purposes
on school
district income. The
proposed levy may be for a continuing period
of time or for a
specified number of years. The resolution shall
set forth the
purpose for which the tax is to be imposed, the rate
of the tax,
which shall be the rate set forth in the
commissioner's
certification rounded to the nearest one-fourth of
one per cent,
the number of years the tax will be levied or that
it will be
levied for a continuing period of time, the date on
which the tax
shall take effect, which shall be the first day of
January of any
year following the year in which the question is
submitted, and
the date of the election at which the proposal
shall be submitted
to the electors of the district, which shall be
on the date of a
primary, general, or special election the date of
which is
consistent with section 3501.01 of the Revised Code. The
resolution shall specify whether the income that is to be subject
to the tax is taxable income of individuals and estates as defined
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised
Code or taxable income of individuals as defined in division
(E)(1)(b) of that section. The specification shall be the same as
the specification in the resolution adopted and certified under
division (A) of this section.
If the tax is to be levied for current expenses and permanent
improvements, the resolution shall apportion the annual rate of
the tax. The apportionment may be the same or different for each
year the tax is levied, but the respective portions of the rate
actually levied each year for current expenses and for permanent
improvements shall be limited by the apportionment.
If
the board of education currently imposes an income tax
pursuant
to this chapter that is due to expire and
a question is
submitted under this section for a proposed income tax to take
effect upon the expiration of the existing tax,
the board may
specify in the resolution that the proposed tax renews the
expiring tax and is not an additional income tax, provided that.
Two or more expiring income taxes may be renewed under this
paragraph if the taxes are due to expire on the same date. If
the
tax rate
being proposed is no higher than the total tax rate that
is
currently imposed by the expiring tax or taxes, the resolution
may state that the proposed tax is not an additional income tax.
(2) A board of education adopting a resolution under
division
(B)(1) of this section proposing a school district
income tax for
a continuing period of time and limited to the
purpose of current
expenses may propose in that resolution to
reduce the rate or
rates of one or more of the school district's
property taxes
levied for a continuing period of time in excess
of the ten-mill
limitation for the purpose of current expenses.
The reduction in
the rate of a property tax may be any amount,
expressed in mills
per one dollar in valuation, not exceeding the
rate at which the
tax is authorized to be levied. The reduction
in the rate of a tax
shall first take effect for the tax year
that includes the day on
which the school district income tax
first takes effect, and shall
continue for each tax year that
both the school district income
tax and the property tax levy are
in effect.
In addition to the matters required to be set forth in the
resolution under division (B)(1) of this section, a resolution
containing a proposal to reduce the rate of one or more property
taxes shall state for each such tax the maximum rate at which it
currently may be levied and the maximum rate at which the tax
could be levied after the proposed reduction, expressed in mills
per one dollar in valuation, and that the tax is levied for a
continuing period of time.
If a board of education proposes to reduce the rate of one
or
more property taxes under division (B)(2) of this section, the
board, when it makes the certification required under division
(A)
of this section, shall designate the specific levy or levies
to be
reduced, the maximum rate at which each levy currently is
authorized to be levied, and the rate by which each levy is
proposed to be reduced. The tax commissioner, when making the
certification to the board under division (A) of this section,
also shall certify the reduction in the total effective tax rate
for current expenses for each class of property that would have
resulted if the proposed reduction in the rate or rates had been
in effect the previous tax year. As used in this paragraph,
"effective tax rate" has the same meaning as in section 323.08 of
the Revised Code.
(C) A resolution adopted under division (B) of this
section
shall go into immediate effect upon its passage, and no
publication of the resolution shall be necessary other than that
provided for in the notice of election. Immediately after its
adoption and at least seventy-five days prior to the election at
which the question will appear on the ballot, a copy of the
resolution shall be certified to the board of elections of the
proper county, which shall submit the proposal to the electors on
the date specified in the resolution. The form of the ballot
shall
be as provided in section 5748.03 of the Revised Code.
Publication
of notice of the election shall be made in one or
more newspapers
of general circulation in the county once a week
for two
consecutive weeks prior to the election, and, if the board of
elections operates and maintains a web site, the board of
elections shall post notice of the election on its web site for
thirty days prior to the election. The notice shall contain the
time
and place of the election and the question to be submitted to
the
electors. The question covered by the resolution shall be
submitted as a separate proposition, but may be printed on the
same ballot with any other proposition submitted at the same
election, other than the election of officers.
(D) No board of education shall submit the question of a
tax
on school
district income to the electors of the district
more
than twice in any calendar year. If a board submits the
question
twice in any calendar year, one of the elections on the
question
shall be held on the date of the general election.
(E)(1) No board of education may submit to the electors of
the district the question of a tax on school district income on
the taxable income of individuals as defined in division (E)(1)(b)
of section 5748.01 of the Revised Code if that tax would be in
addition to an existing tax on the taxable income of individuals
and estates as defined in divisions (E)(1)(a) and (2) of that
section.
(2) No board of education may submit to the electors of the
district the question of a tax on school district income on the
taxable income of individuals and estates as defined in divisions
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that
tax would be in addition to an existing tax on the taxable income
of individuals as defined in division (E)(1)(b) of that section.
Sec. 5748.03. (A) The form of the ballot on a question
submitted
to the electors under section 5748.02 of the Revised
Code shall be
as follows:
"Shall an annual income tax of ....... (state the proposed
rate of tax) on the school district income of individuals and of
estates be imposed by ....... (state the name of the school
district), for ....... (state the number of years the tax would
be
levied, or that it would be levied for a continuing period of
time), beginning ....... (state the date the tax would first take
effect), for the purpose of ...... (state the purpose of the
tax)?
|
|
FOR THE TAX |
|
|
|
AGAINST THE TAX |
" |
(B)(1) If the question submitted to electors proposes a
school district income tax only on the taxable income of
individuals as defined in division (E)(1)(b) of section 5748.01 of
the Revised Code, the form of the ballot shall be modified by
stating that the tax is to be levied on the "earned income of
individuals residing in the school district" in lieu of the
"school district income of individuals and of estates."
(2) If the question submitted to electors proposes to renew
an one or more
expiring
income tax levies, the ballot shall be
modified by adding the
following
language immediately after the
name of the school
district that
would impose the tax:
"to renew
an income tax (or income taxes)
expiring at the end of
........
(state the last year the existing
income tax or taxes may be
levied)."
(3) If the question includes a proposal
under division (B)(2)
of
section 5748.02 of the Revised Code to
reduce the rate of one
or
more school district property taxes,
the ballot shall state
that
the purpose of the school district
income tax is for current
expenses, and the form of the ballot
shall be modified by adding
the following language immediately
after the statement of the
purpose of the proposed income tax:
", and shall the rate of an
existing tax on property, currently
levied for the purpose of
current expenses at the rate of .......
mills, be REDUCED to
....... mills until any such time as the
income tax is repealed."
In lieu of
"for the tax" and
"against
the tax," the phrases
"for
the issue" and
"against the issue,"
respectively, shall be used.
If a board of education proposes a
reduction in the rates of more
than one tax, the ballot language
shall be modified accordingly to
express the rates at which those
taxes currently are levied and
the rates to which the taxes will
be reduced.
(C) The board of elections shall certify the results of the
election to the board of education and to the tax commissioner.
If
a majority of the electors voting on the question vote in
favor of
it, the income tax, the applicable provisions of Chapter
5747. of
the Revised Code, and the reduction in the rate or rates
of
existing property taxes if the question included such a
reduction
shall take effect on the date specified in the
resolution. If the
question approved by the voters includes a
reduction in the rate
of a school district property tax, the
board of education shall
not levy the tax at a rate greater than
the rate to which the tax
is reduced, unless the school district
income tax is repealed in
an election under section 5748.04 of
the Revised Code.
(D) If the rate at which a property tax is levied and
collected
is reduced pursuant to a question approved under this
section,
the
tax commissioner shall compute the percentage
required to be
computed for that tax under division (D) of section
319.301 of
the
Revised Code each year the rate is reduced as if
the tax had
been
levied in the preceding year at the rate at which
it has
been
reduced. If the rate of a property tax increases due
to the
repeal of the school district income tax pursuant to
section
5748.04 of the Revised Code, the tax commissioner, for the
first
year for which the rate increases, shall compute the
percentage
as
if the tax in the preceding year had been levied at
the rate
at
which the tax was authorized to be levied prior to any
rate
reduction.
Sec. 5749.02. (A) For the purpose of providing revenue to
administer the state's coal mining and reclamation regulatory
program, to meet the environmental and resource management needs
of this state, and to reclaim land affected by mining, an excise
tax is hereby levied on the privilege of engaging in the
severance
of natural resources from the soil or water of this
state. The tax
shall be imposed upon the severer and shall be:
(1) Ten cents per ton of coal;
(2) Four cents per ton of salt;
(3) Two cents per ton of limestone or dolomite;
(4) Two cents per ton of sand and gravel;
(5) Ten cents per barrel of oil;
(6) Two and one-half cents per thousand cubic feet of
natural
gas;
(7) One cent per ton of clay, sandstone or conglomerate,
shale, gypsum, or quartzite;
(8) Except as otherwise provided in this division or in rules
adopted by the reclamation forfeiture fund advisory board under
section 1513.182 of the Revised Code, an additional fourteen cents
per ton of coal produced from an area under a coal mining and
reclamation permit issued under Chapter 1513. of the Revised Code
for which the performance security is provided under division
(C)(2) of section 1513.08 of the Revised Code. Beginning July
1,
2007, if at the end of a fiscal biennium the balance of the
reclamation forfeiture fund created in section 1513.18 of the
Revised Code is equal to or greater than ten million dollars, the
rate levied shall be twelve cents per ton. Beginning July 1,
2007, if at the end of a fiscal biennium the balance of the fund
is at least five million dollars, but less than ten million
dollars, the rate levied shall be fourteen cents per ton.
Beginning July 1, 2007, if at the end of a fiscal biennium the
balance of the fund is less than five million dollars, the rate
levied shall be sixteen cents per ton. Beginning July 1, 2009,
not later than thirty days after the close of a fiscal biennium,
the chief of the division of mineral resources management shall
certify to the tax commissioner the amount of the balance of the
reclamation forfeiture fund as of the close of the fiscal
biennium. Any necessary adjustment of the rate levied shall take
effect on the first day of the following January and shall remain
in effect during the calendar biennium that begins on that date.
(9) An additional one and two-tenths cents per ton of coal
mined by surface mining methods.
(B) Of the moneys received by the treasurer of state from
the
tax levied in division (A)(1) of this section, four and
seventy-six-hundredths per cent shall be credited to the
geological mapping
fund created in section 1505.09 of the Revised
Code, eighty and ninety-five-hundredths per cent shall be credited
to the
coal mining administration and reclamation reserve fund
created
in section 1513.181 of the Revised Code, and fourteen and
twenty-nine-hundredths per cent shall
be credited to the
unreclaimed lands fund created in section
1513.30 of the Revised
Code.
Fifteen per cent of the moneys received by the treasurer of
state from the tax levied in division (A)(2) of this section
shall
be credited to the geological mapping fund and the
remainder shall
be credited to the unreclaimed lands fund permit and lease fund
created in section 1506.41 of the Revised Code.
Of the moneys received by the treasurer of state from the
tax
levied in divisions (A)(3) and (4) of this section, seven and
five-tenths per cent shall be credited to the geological mapping
fund, forty-two and five-tenths per cent shall be credited to the
unreclaimed lands fund, and the remainder shall be credited to
the
surface mining fund created in section
1514.06 of the Revised
Code.
Of the moneys received by the treasurer of state from the
tax
levied in divisions (A)(5) and (6) of this section,
ninety per
cent shall be credited to the oil and gas well
fund created in
section 1509.02 of
the Revised Code and ten per cent shall be
credited to the
geological mapping fund. All of the
moneys
received by the treasurer of state from the tax levied in
division
(A)(7) of this section shall be credited to the surface
mining
fund.
All of the moneys received by the treasurer of state from the
tax levied in division (A)(8) of this section shall be credited to
the reclamation forfeiture fund.
All of the moneys received by the treasurer of state from the
tax levied in division (A)(9) of this section shall be credited to
the unreclaimed lands fund.
(C) When, at the close of any fiscal year, the chief finds
that
the balance of the reclamation
forfeiture fund, plus
estimated transfers
to it from the coal mining administration and
reclamation reserve fund under
section 1513.181 of the Revised
Code, plus the estimated revenues
from the tax levied by division
(A)(8) of this section for the remainder of the
calendar year that
includes the close of the fiscal year, are
sufficient to complete
the reclamation of lands for which the performance security has
been provided under division (C)(2) of section 1513.08 of the
Revised Code, the
purposes for which the tax under division (A)(8)
of this section is levied shall be
deemed accomplished at the end
of that calendar year. The chief,
within thirty days after the
close of the fiscal year,
shall certify those findings to the tax
commissioner, and
the tax levied under division (A)(8) of this
section shall
cease to be imposed after the last day of that
calendar year on coal produced under a coal mining and reclamation
permit issued under Chapter 1513. of the Revised Code if the
permittee has made tax payments under division (A)(8) of this
section during each of the preceding five full calendar years. Not
later than thirty days after the close of a fiscal year, the chief
shall certify to the tax commissioner the identity of any
permittees who accordingly no longer are required to pay the tax
levied under division (A)(8) of this section.
Sec. 5749.12. Any nonresident of this state who accepts
the
privilege extended by the laws of this state to nonresidents
severing natural resources in this state, and any resident of
this
state who subsequently becomes a nonresident or conceals his
the
resident's
whereabouts, makes the secretary of state of Ohio his
the
person's agent for
the service of process or notice in any
assessment, action or
proceedings instituted in this state against
such person under
this chapter.
Such process or notice shall be served, by the officer to
whom the same is directed by the tax commissioner or by the
sheriff of Franklin county, who may be deputized for such purpose
by the officer to whom the service is directed, upon the
secretary
of state by leaving at the office of the secretary of
state, at
least fifteen days before the return day of such
process or
notice, a true and attested copy thereof, and by
sending to the
defendant by certified mail, a like and true
attested copy, with
an endorsement thereon of the service upon
said secretary of
state, addressed to such defendant at his last
known address as
provided under section 5703.37 of the Revised Code.
Sec. 5751.01. As used in this chapter:
(A) "Person" means, but is not limited to, individuals,
combinations of individuals of any form, receivers, assignees,
trustees in bankruptcy, firms, companies, joint-stock companies,
business trusts, estates, partnerships, limited liability
partnerships, limited liability companies, associations, joint
ventures, clubs, societies, for-profit corporations, S
corporations, qualified subchapter S subsidiaries, qualified
subchapter S trusts, trusts, entities that are disregarded for
federal income tax purposes, and any other entities. "Person" does
not include nonprofit organizations or the state, its agencies,
its instrumentalities, and its political subdivisions.
(B) "Consolidated elected taxpayer" means a group of two or
more persons treated as a single taxpayer for purposes of this
chapter as the result of an election made under section 5751.011
of the Revised Code.
(C) "Combined taxpayer" means a group of two or more persons
treated as a single taxpayer for purposes of this chapter under
section 5751.012 of the Revised Code.
(D) "Taxpayer" means any person, or any group of persons in
the case of a consolidated elected taxpayer or combined taxpayer
treated as one taxpayer, required to register or pay tax under
this chapter. "Taxpayer" does not include excluded persons.
(E) "Excluded person" means any of
the following:
(1) Any person with not more than one hundred fifty thousand
dollars of taxable gross receipts during the calendar year.
Division (E)(1) of this section does not apply to a person that is
a member of a group that is a consolidated elected taxpayer or a
combined taxpayer;
(2) A public utility that paid the excise tax imposed by
section 5727.24 or 5727.30 of the Revised Code based on one or
more measurement periods that include the entire tax period under
this chapter, except that a public utility that is a combined
company is a taxpayer with regard to the following gross receipts:
(a) Taxable gross receipts directly attributed to a public
utility activity, but not directly attributed to an activity that
is subject to the excise tax imposed by section 5727.24 or 5727.30
of the Revised Code;
(b) Taxable gross receipts that cannot be directly attributed
to any activity, multiplied by a fraction whose numerator is the
taxable gross receipts described in division (E)(2)(a) of this
section and whose denominator is the total taxable gross receipts
that can be directly attributed to any activity;
(c) Except for any differences resulting from the use of an
accrual basis method of accounting for purposes of determining
gross receipts under this chapter and the use of the cash basis
method of accounting for purposes of determining gross receipts
under section 5727.24 of the Revised Code, the gross receipts
directly attributed to the activity of a natural gas company shall
be determined in a manner consistent with division (D) of section
5727.03 of the Revised Code.
As used in division (E)(2) of this section, "combined
company" and "public utility" have the same meanings as in section
5727.01 of the Revised Code.
(3) A financial institution, as defined in section 5725.01 of
the Revised Code, that paid the corporation franchise tax charged
by division (D) of section 5733.06 of the Revised Code based on
one or more taxable years that include the entire tax period under
this chapter;
(4) A dealer in intangibles, as defined in section 5725.01 of
the Revised Code, that paid the dealer in intangibles tax levied
by division (D) of section 5707.03 of the Revised Code based on
one or more measurement periods that include the entire tax period
under this chapter;
(5) A financial holding company as defined in the "Bank
Holding Company Act," 12 U.S.C. 1841(p);
(6) A bank holding company as defined in the "Bank Holding
Company Act," 12 U.S.C. 1841(a);
(7) A savings and loan holding company as defined in the
"Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging
only in activities or investments permissible for a financial
holding company under 12 U.S.C. 1843(k);
(8) A person directly or indirectly owned by one or more
financial institutions, financial holding companies, bank holding
companies, or savings and loan holding companies described in
division (E)(3), (5), (6), or (7) of this section that is engaged
in activities permissible for a financial holding company under 12
U.S.C. 1843(k), except that any such person held pursuant to
merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12
U.S.C. 1843(k)(4)(I) is not an excluded person, or a person
directly or indirectly owned by one or more insurance companies
described in division (E)(9) of this section that is authorized to
do the business of insurance in this state.
For the purposes of division (E)(8) of this section, a person
owns another person under the following circumstances:
(a) In the case of corporations issuing capital stock, one
corporation owns another corporation if it owns fifty per cent or
more of the other corporation's capital stock with current voting
rights;
(b) In the case of a limited liability company, one person
owns the company if that person's membership interest, as defined
in section 1705.01 of the Revised Code, is fifty per cent or more
of the combined membership interests of all persons owning such
interests in the company;
(c) In the case of a partnership, trust, or other
unincorporated business organization other than a limited
liability company, one person owns the organization if, under the
articles of organization or other instrument governing the affairs
of the organization, that person has a beneficial interest in the
organization's profits, surpluses, losses, or distributions of
fifty per cent or more of the combined beneficial interests of all
persons having such an interest in the organization;
(d) In the case of multiple ownership, the ownership
interests of more than one person may be aggregated to meet the
fifty per cent ownership tests in this division only when each
such owner is described in division (E)(3), (5), (6), or (7) of
this section and is engaged in activities permissible for a
financial holding company under 12 U.S.C. 1843(k) or is a person
directly or indirectly owned by one or more insurance companies
described in division (E)(9) of this section that is authorized to
do the business of insurance in this state.
(9) A domestic insurance company or foreign insurance
company, as defined in section 5725.01 of the Revised Code, that
paid the insurance company premiums tax imposed by section 5725.18
or Chapter 5729. of the Revised Code based on one or more
measurement periods that include the entire tax period under this
chapter;
(10) A person that solely facilitates or services one or more
securitizations or similar transactions for any person described
in division (E)(3), (5), (6), (7), (8), or (9) of this section.
For purposes of this division, "securitization" means transferring
one or more assets to one or more persons and then issuing
securities backed by the right to receive payment from the asset
or assets so transferred.
(11) Except as otherwise provided in this division, a
pre-income tax trust as defined in division (FF)(4) of section
5747.01 of the Revised Code and any pass-through entity of which
such pre-income tax trust owns or controls, directly, indirectly,
or constructively through related interests, more than five per
cent of the ownership or equity interests. If the pre-income tax
trust has made a qualifying pre-income tax trust election under
division (FF)(3) of section 5747.01 of the Revised Code, then the
trust and the pass-through entities of which it owns or controls,
directly, indirectly, or constructively through related interests,
more than five per cent of the ownership or equity interests,
shall not be excluded persons for purposes of the tax imposed
under section 5751.02 of the Revised Code.
(12) Nonprofit organizations or the state and its agencies,
instrumentalities, or political subdivisions.
(F) Except as otherwise provided in divisions (F)(2), (3),
and (4) of this section, "gross receipts" means the total amount
realized by a person, without deduction for the cost of goods sold
or other expenses incurred, that contributes to the production of
gross income of the person, including the fair market value of any
property and any services received, and any debt transferred or
forgiven as consideration.
(1) The following are examples of gross receipts:
(a) Amounts realized from the sale, exchange, or other
disposition of the taxpayer's property to or with another;
(b) Amounts realized from the taxpayer's performance of
services for another;
(c) Amounts realized from another's use or possession of the
taxpayer's property or capital;
(d) Any combination of the foregoing amounts.
(2) "Gross receipts" excludes the following amounts:
(a) Interest income except interest on credit sales;
(b) Dividends and distributions from corporations, and
distributive or proportionate shares of receipts and income from a
pass-through entity as defined under section 5733.04 of the
Revised Code;
(c) Receipts from the sale, exchange, or other disposition of
an asset described in section 1221 or 1231 of the Internal Revenue
Code, without regard to the length of time the person held the
asset. Notwithstanding section 1221 of the Internal Revenue Code,
receipts from hedging transactions also are excluded to the extent
the transactions are entered into primarily to protect a financial
position, such as managing the risk of exposure to (i) foreign
currency fluctuations that affect assets, liabilities, profits,
losses, equity, or investments in foreign operations; (ii)
interest rate fluctuations; or (iii) commodity price fluctuations.
As used in division (F)(2)(c) of this section, "hedging
transaction" has the same meaning as used in section 1221 of the
Internal Revenue Code and also includes transactions accorded
hedge accounting treatment under statement of financial accounting
standards number 133 of the financial accounting standards board.
For the purposes of division (F)(2)(c) of this section, the actual
transfer of title of real or tangible personal property to another
entity is not a hedging transaction.
(d) Proceeds received attributable to the repayment,
maturity, or redemption of the principal of a loan, bond, mutual
fund, certificate of deposit, or marketable instrument;
(e) The principal amount received under a repurchase
agreement or on account of any transaction properly characterized
as a loan to the person;
(f) Contributions received by a trust, plan, or other
arrangement, any of which is described in section 501(a) of the
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter
1, Subchapter (D) of the Internal Revenue Code applies;
(g) Compensation, whether current or deferred, and whether in
cash or in kind, received or to be received by an employee, former
employee, or the employee's legal successor for services rendered
to or for an employer, including reimbursements received by or for
an individual for medical or education expenses, health insurance
premiums, or employee expenses, or on account of a dependent care
spending account, legal services plan, any cafeteria plan
described in section 125 of the Internal Revenue Code, or any
similar employee reimbursement;
(h) Proceeds received from the issuance of the taxpayer's own
stock, options, warrants, puts, or calls, or from the sale of the
taxpayer's treasury stock;
(i) Proceeds received on the account of payments from life
insurance policies, except those proceeds received for the loss of
business revenue;
(j) Gifts or charitable contributions received,; membership
dues received, by trade, professional, homeowners', or condominium
association; and payments received for educational courses,
meetings, meals, or similar payments to a trade, professional, or
other similar association; and fundraising receipts received by
any person when any excess receipts are donated or used
exclusively for charitable purposes; and proceeds received by a
nonprofit organization including proceeds realized with regard to
its unrelated business taxable income;
(k) Damages received as the result of litigation in excess of
amounts that, if received without litigation, would be gross
receipts;
(l) Property, money, and other amounts received or acquired
by an agent on behalf of another in excess of the agent's
commission, fee, or other remuneration;
(m) Tax refunds, other tax benefit recoveries, and
reimbursements for the tax imposed under this chapter made by
entities that are part of the same combined taxpayer or
consolidated elected taxpayer group, and reimbursements made by
entities that are not members of a combined taxpayer or
consolidated elected taxpayer group that are required to be made
for economic parity among multiple owners of an entity whose tax
obligation under this chapter is required to be reported and paid
entirely by one owner, pursuant to the requirements of sections
5751.011 and 5751.012 of the Revised Code;
(o) Contributions to capital;
(p) Sales or use taxes collected as a vendor or an
out-of-state seller on behalf of the taxing jurisdiction from a
consumer or other taxes the taxpayer is required by law to collect
directly from a purchaser and remit to a local, state, or federal
tax authority;
(q) In the case of receipts from the sale of cigarettes or
tobacco products by a wholesale dealer, retail dealer,
distributor, manufacturer, or seller, all as defined in section
5743.01 of the Revised Code, an amount equal to the federal and
state excise taxes paid by any person on or for such cigarettes or
tobacco products under subtitle E of the Internal Revenue Code or
Chapter 5743. of the Revised Code;
(r) In the case of receipts from the sale of motor fuel by a
licensed motor fuel dealer, licensed retail dealer, or licensed
permissive motor fuel dealer, all as defined in section 5735.01 of
the Revised Code, an amount equal to federal and state excise
taxes paid by any person on such motor fuel under section 4081 of
the Internal Revenue Code or Chapter 5735. of the Revised Code;
(s) In the case of receipts from the sale of beer or
intoxicating liquor, as defined in section 4301.01 of the Revised
Code, by a person holding a permit issued under Chapter 4301. or
4303. of the Revised Code, an amount equal to federal and state
excise taxes paid by any person on or for such beer or
intoxicating liquor under subtitle E of the Internal Revenue Code
or Chapter 4301. or 4305. of the Revised Code;
(t) Receipts realized by a new motor vehicle dealer or used
motor vehicle dealer, as defined in section 4517.01 of the Revised
Code, from the sale or other transfer of a motor vehicle, as
defined in that section, to another motor vehicle dealer for the
purpose of resale by the transferee motor vehicle dealer, but only
if the sale or other transfer was based upon the transferee's need
to meet a specific customer's preference for a motor vehicle;
(u) Receipts from a financial institution described in
division (E)(3) of this section for services provided to the
financial institution in connection with the issuance, processing,
servicing, and management of loans or credit accounts, if such
financial institution and the recipient of such receipts have at
least fifty per cent of their ownership interests owned or
controlled, directly or constructively through related interests,
by common owners;
(v) Receipts realized from administering anti-neoplastic
drugs and other cancer chemotherapy, biologicals, therapeutic
agents, and supportive drugs in a physician's office to patients
with cancer;
(w) Funds received or used by a mortgage broker that is not a
dealer in intangibles, other than fees or other consideration,
pursuant to a table-funding mortgage loan or warehouse-lending
mortgage loan. Terms used in division (F)(2)(w) of this section
have the same meanings as in section 1322.01 of the Revised Code,
except "mortgage broker" means a person assisting a buyer in
obtaining a mortgage loan for a fee or other consideration paid by
the buyer or a lender, or a person engaged in table-funding or
warehouse-lending mortgage loans that are first lien mortgage
loans.
(x) Property, money, and other amounts received by a
professional employer organization, as defined in section 4125.01
of the Revised Code, from a client employer, as defined in that
section, in excess of the administrative fee charged by the
professional employer organization to the client employer;
(y) In the case of amounts retained as commissions by a
permit holder under Chapter 3769. of the Revised Code, an amount
equal to the amounts specified under that chapter that must be
paid to or collected by the tax commissioner as a tax and the
amounts specified under that chapter to be used as purse money;
(z) Qualifying distribution center receipts.
(i) For purposes of division (F)(2)(z) of this section:
(I) "Qualifying distribution center receipts" means receipts
of a supplier from qualified property that is delivered to a
qualified distribution center, multiplied by a quantity that
equals one minus the Ohio delivery percentage.
(II) "Qualified property" means tangible personal property
delivered to a qualified distribution center that is shipped to
that qualified distribution center solely for further shipping by
the qualified distribution center to another location in this
state or elsewhere. "Further shipping" includes storing and
repackaging such property into smaller or larger bundles, so long
as such property is not subject to further manufacturing or
processing.
(III) "Qualified distribution center" means a warehouse or
other similar facility in this state that, for the qualifying
year, is operated by a person that is not part of a combined
taxpayer group and that has a qualifying certificate. However, all
warehouses or other similar facilities that are operated by
persons in the same taxpayer group and that are located within one
mile of each other shall be treated as one qualified distribution
center.
(IV) "Qualifying year" means the calendar year to which the
qualifying certificate applies.
(V) "Qualifying period" means the period of the first day of
July of the second year preceding the qualifying year through the
thirtieth day of June of the year preceding the qualifying year.
(VI) "Qualifying certificate" means the certificate issued by
the tax commissioner after the operator of a distribution center
files an annual application approved by the tax commissioner from
an operator of a distribution center that has filed an application
as prescribed by the commissioner and paid the annual fee for the
qualifying certificate on or before the first day of September
prior to the qualifying year or forty-five days after the opening
of the distribution center, whichever is later with the
commissioner. The application and annual fee shall be filed and
paid for each qualified distribution center on or before the first
day of September before the qualifying year or within forty-five
days after the distribution center opens, whichever is later.
The applicant must substantiate to the commissioner's
satisfaction that, for the qualifying period, all persons
operating the distribution center have more than fifty per cent of
the cost of the qualified property shipped to a location such that
it would be sitused outside this state under the provisions of
division (E) of section 5751.033 of the Revised Code. The
applicant must also substantiate that the distribution center
cumulatively had costs from its suppliers equal to or exceeding
five hundred million dollars during the qualifying period. (For
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"
excludes any person that is part of the consolidated elected
taxpayer group, if applicable, of the operator of the qualified
distribution center.) The commissioner may require the applicant
to have an independent certified public accountant certify that
the calculation of the minimum thresholds required for a qualified
distribution center by the operator of a distribution center has
been made in accordance with generally accepted accounting
principles. The commissioner shall issue or deny the issuance of a
certificate within sixty days after the receipt of the
application. A denial is subject to appeal under section 5717.02
of the Revised Code. If the operator files a timely appeal under
section 5717.02 of the Revised Code, the operator shall be granted
a qualifying certificate, provided that the operator is liable for
any tax, interest, or penalty upon amounts claimed as qualifying
distribution center receipts, other than those receipts exempt
under division (C)(1) of section 5751.011 of the Revised Code,
that would have otherwise not been owed by its suppliers if the
qualifying certificate was valid.
(VII) "Ohio delivery percentage" means the proportion of the
total property delivered to a destination inside Ohio from the
qualified distribution center during the qualifying period
compared with total deliveries from such distribution center
everywhere during the qualifying period.
(ii) If the distribution center is new and was not open for
the entire qualifying period, the operator of the distribution
center may request that the commissioner grant a qualifying
certificate. If the certificate is granted and it is later
determined that more than fifty per cent of the qualified property
during that year was not shipped to a location such that it would
be sitused outside of this state under the provisions of division
(E) of section 5751.033 of the Revised Code or if it is later
determined that the person that operates the distribution center
had average monthly costs from its suppliers of less than forty
million dollars during that year, then the operator of the
distribution center shall be liable for any tax, interest, or
penalty upon amounts claimed as qualifying distribution center
receipts, other than those receipts exempt under division (C)(1)
of section 5751.011 of the Revised Code, that would have not
otherwise been owed by its suppliers during the qualifying year if
the qualifying certificate was valid. (For purposes of division
(F)(2)(z)(ii) of this section, "supplier" excludes any person that
is part of the consolidated elected taxpayer group, if applicable,
of the operator of the qualified distribution center.)
(iii) When filing an application for a qualifying certificate
under division (F)(2)(z)(i)(VI) of this section, the operator of a
qualified distribution center also shall provide documentation, as
the commissioner requires, for the commissioner to ascertain the
Ohio delivery percentage. The commissioner, upon issuing the
qualifying certificate, also shall certify the Ohio delivery
percentage. The operator of the qualified distribution center may
appeal the commissioner's certification of the Ohio delivery
percentage in the same manner as an appeal is taken from the
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)
of this section.
Within thirty days after all appeals have been exhausted, the
operator of the qualified distribution center shall notify the
affected suppliers of qualified property that such suppliers are
required to file, within sixty days after receiving notice from
the operator of the qualified distribution center, amended reports
for the impacted calendar quarter or quarters or calendar year,
whichever the case may be. Any additional tax liability or tax
overpayment shall be subject to interest but shall not be subject
to the imposition of any penalty so long as the amended returns
are timely filed. The supplier of tangible personal property
delivered to the qualified distribution center shall include in
its report of taxable gross receipts the receipts from the total
sales of property delivered to the qualified distribution center
for the calendar quarter or calendar year, whichever the case may
be, multiplied by the Ohio delivery percentage for the qualifying
year. Nothing in division (F)(2)(z)(iii) of this section shall be
construed as imposing liability on the operator of a qualified
distribution center for the tax imposed by this chapter arising
from any change to the Ohio delivery percentage.
(iv) In the case where the distribution center is new and not
open for the entire qualifying period, the operator shall make a
good faith estimate of an Ohio delivery percentage for use by
suppliers in their reports of taxable gross receipts for the
remainder of the qualifying period. The operator of the facility
shall disclose to the suppliers that such Ohio delivery percentage
is an estimate and is subject to recalculation. By the due date of
the next application for a qualifying certificate, the operator
shall determine the actual Ohio delivery percentage for the
estimated qualifying period and proceed as provided in division
(F)(2)(z)(iii) of this section with respect to the calculation and
recalculation of the Ohio delivery percentage. The supplier is
required to file, within sixty days after receiving notice from
the operator of the qualified distribution center, amended reports
for the impacted calendar quarter or quarters or calendar year,
whichever the case may be. Any additional tax liability or tax
overpayment shall be subject to interest but shall not be subject
to the imposition of any penalty so long as the amended returns
are timely filed.
(v) Qualifying certificates and Ohio delivery percentages
issued by the commissioner shall be open to public inspection and
shall be timely published by the commissioner. A supplier relying
in good faith on a certificate issued under this division shall
not be subject to tax on the qualifying distribution center
receipts under division (F)(2)(z) of this section. A person
receiving a qualifying certificate is responsible for paying the
tax, interest, and penalty upon amounts claimed as qualifying
distribution center receipts that would not otherwise have been
owed by the supplier if the qualifying certificate were available
when it is later determined that the qualifying certificate should
not have been issued because the statutory requirements were in
fact not met.
(vi) The annual fee for a qualifying certificate shall be one
hundred thousand dollars for each qualified distribution center.
If a qualifying certificate is not issued, the annual fee is
subject to refund after the exhaustion of all appeals provided for
in division (F)(2)(z)(i)(VI) of this section. The fee imposed
under this division may be assessed in the same manner as the tax
imposed under this chapter. The first one hundred thousand dollars
of the annual application fees collected each calendar year shall
be credited to the commercial activity tax administrative fund.
The remainder of the annual application fees collected shall be
distributed in the same manner required under section 5751.20 of
the Revised Code.
(vii) The tax commissioner may require that adequate security
be posted by the operator of the distribution center on appeal
when the commissioner disagrees that the applicant has met the
minimum thresholds for a qualified distribution center as set
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this
section.
(aa) Receipts of an employer from payroll deductions relating
to the reimbursement of the employer for advancing moneys to an
unrelated third party on an employee's behalf;
(bb) Cash discounts allowed and taken;
(cc) Returns and allowances;
(dd) Bad debts from receipts on the basis of which the tax
imposed by this chapter was paid in a prior quarterly tax payment
period. For the purpose of this division, "bad debts" means any
debt that has become worthless or uncollectible between the
preceding and current quarterly tax payment periods, have been
uncollected for at least six months, and that may be claimed as a
deduction under section 166 of the Internal Revenue Code and the
regulations adopted under that section, or that could be claimed
as such if the taxpayer kept its accounts on the accrual basis.
"Bad debts" does not include repossessed property, uncollectible
amounts on property that remains in the possession of the taxpayer
until the full purchase price is paid, or expenses in attempting
to collect any account receivable for any portion of the debt
recovered;
(ee) Any amount realized from the sale of an account
receivable to the extent the receipts from the underlying
transaction giving rise to the account receivable were included in
the gross receipts of the taxpayer;
(ff) Any receipts for which the tax imposed by this chapter
is prohibited by the Constitution or laws of the United States or
the Constitution of Ohio.
(3)
In the case of a taxpayer when acting as a real estate
broker, "gross receipts" includes only the portion of any fee for
the service of a real estate broker, or service of a real estate
salesperson associated with that broker, that is retained by the
broker and not paid to an associated real estate salesperson or
another real estate broker. For the purposes of this division,
"real estate broker" and "real estate salesperson" have the same
meanings as in section 4735.01 of the Revised Code.
(4) A taxpayer's method of accounting for gross receipts for
a tax period shall be the same as the taxpayer's method of
accounting for federal income tax purposes for the taxpayer's
federal taxable year that includes the tax period. If a taxpayer's
method of accounting for federal income tax purposes changes, its
method of accounting for gross receipts under this chapter shall
be changed accordingly.
In calculating gross receipts, the following shall be
deducted to the extent included as a gross receipt in the current
tax period or reported as taxable gross receipts in a prior tax
period:
(a) Cash discounts allowed and taken;
(b) Returns and allowances;
(c) Bad debts. For the purposes of this division, "bad debts"
mean any debts that have become worthless or uncollectible between
the preceding and current quarterly tax payment periods, have been
uncollected for at least six months, and may be claimed as a
deduction under section 166 of the Internal Revenue Code and the
regulations adopted pursuant thereto, or that could be claimed as
such if the taxpayer kept its accounts on the accrual basis. "Bad
debts" does not include uncollectible amounts on property that
remains in the possession of the taxpayer until the full purchase
price is paid, expenses in attempting to collect any account
receivable or for any portion of the debt recovered, and
repossessed property;
(d) Any amount realized from the sale of an account
receivable but only to the extent the receipts from the underlying
transaction giving rise to the account receivable were included in
the gross receipts of the taxpayer.
(G) "Taxable gross receipts" means gross receipts sitused to
this state under section 5751.033 of the Revised Code.
(H) A person has "substantial nexus with this state" if any
of the following applies. The person:
(1) Owns or uses a part or all of its capital in this state;
(2) Holds a certificate of compliance with the laws of this
state authorizing the person to do business in this state;
(3) Has bright-line presence in this state;
(4) Otherwise has nexus with this state to an extent that the
person can be required to remit the tax imposed under this chapter
under the Constitution of the United States.
(I) A person has "bright-line presence" in this state for a
reporting period and for the remaining portion of the calendar
year if any of the following applies. The person:
(1) Has at any time during the calendar year property in this
state with an aggregate value of at least fifty thousand dollars.
For the purpose of division (I)(1) of this section, owned property
is valued at original cost and rented property is valued at eight
times the net annual rental charge.
(2) Has during the calendar year payroll in this state of at
least fifty thousand dollars. Payroll in this state includes all
of the following:
(a) Any amount subject to withholding by the person under
section 5747.06 of the Revised Code;
(b) Any other amount the person pays as compensation to an
individual under the supervision or control of the person for work
done in this state; and
(c) Any amount the person pays for services performed in this
state on its behalf by another.
(3) Has during the calendar year taxable gross receipts of at
least five hundred thousand dollars.
(4) Has at any time during the calendar year within this
state at least twenty-five per cent of the person's total
property, total payroll, or total gross receipts.
(5) Is domiciled in this state as an individual or for
corporate, commercial, or other business purposes.
(J) "Tangible personal property" has the same meaning as in
section 5739.01 of the Revised Code.
(K) "Internal Revenue Code" means the Internal Revenue Code
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in
this chapter that is not otherwise defined has the same meaning as
when used in a comparable context in the laws of the United States
relating to federal income taxes unless a different meaning is
clearly required. Any reference in this chapter to the Internal
Revenue Code includes other laws of the United States relating to
federal income taxes.
(L) "Calendar quarter" means a three-month period ending on
the thirty-first day of March, the thirtieth day of June, the
thirtieth day of September, or the thirty-first day of December.
(M) "Tax period" means the calendar quarter or calendar year
on the basis of which a taxpayer is required to pay the tax
imposed under this chapter.
(N) "Calendar year taxpayer" means a taxpayer for which the
tax period is a calendar year.
(O) "Calendar quarter taxpayer" means a taxpayer for which
the tax period is a calendar quarter.
(P) "Agent" means a person authorized by another person to
act on its behalf to undertake a transaction for the other,
including any of the following:
(1) A person receiving a fee to sell financial instruments;
(2) A person retaining only a commission from a transaction
with the other proceeds from the transaction being remitted to
another person;
(3) A person issuing licenses and permits under section
1533.13 of the Revised Code;
(4) A lottery sales agent holding a valid license issued
under section 3770.05 of the Revised Code;
(5) A person acting as an agent of the division of liquor
control under section 4301.17 of the Revised Code.
(Q) "Received" includes amounts accrued under the accrual
method of accounting.
(R) "Reporting person" means a person in a consolidated
elected taxpayer or combined taxpayer group that is designated by
that group to legally bind the group for all filings and tax
liabilities and to receive all legal notices with respect to
matters under this chapter, or, for the purposes of section
5751.04 of the Revised Code, a separate taxpayer that is not a
member of such a group.
Sec. 5751.011. (A) A group of two or more persons may elect
to be a consolidated elected taxpayer for the purposes of this
chapter if the group satisfies all of the following requirements:
(1) The group elects to include all persons, including
persons enumerated in divisions (E)(2) to (10) of section 5751.01
of the Revised Code, having at least eighty per cent, or having at
least fifty per cent, of the value of their ownership interests
owned or controlled, directly or constructively through related
interests, by common owners during all or any portion of the tax
period, together with the common owners. At
A group making its initial election on the basis of the
eighty per cent ownership test may change its election so that its
consolidated elected taxpayer group is formed on the basis of the
fifty per cent ownership test if all of the following are
satisfied:
(a) When the initial election was made, the group did not
include any persons satisfying the fifty per cent ownership test;
(b) One or more of the persons in the initial group
subsequently acquires ownership interests in a person such that
the fifty per cent ownership test is satisfied, the eighty per
cent ownership test is not satisfied, and the acquired person
would be required to be included in a combined taxpayer group
under section 5751.012 of the Revised Code;
(c) The group requests the change in a written request to the
tax commissioner on or before the due date for filing the first
return due under section 5751.051 of the Revised Code after the
date of the acquisition;
(d) The group has not previously changed its election.
At the election of the
group, all entities that are not
incorporated or formed under the
laws of a state or of the United
States and that meet the
consolidated elected ownership test
shall either be included in
the group or all shall be excluded
from the group. The If, at the
time of registration, the group
does not include any such entities
that meet the consolidated
elected ownership test, the group shall elect to either include or
exclude the newly acquired
entities before the due date of the
first return due after the
date of the acquisition.
Each group shall notify the tax commissioner of the foregoing
elections before the due date of the return in which the election
is to become effective for the period in which the election
becomes binding. If fifty per cent of the value of a person's
ownership interests is owned or controlled by each of two
consolidated elected taxpayer groups formed under the fifty per
cent ownership or control test, that person is a member of each
group for the purposes of this section, and each group shall
include in the group's taxable gross receipts fifty per cent of
that person's taxable gross receipts. Otherwise, all of that
person's taxable gross receipts shall be included in the taxable
gross receipts of the consolidated elected taxpayer group of which
the person is a member. In no event shall the ownership or control
of fifty per cent of the value of a person's ownership interests
by two otherwise unrelated groups form the basis for consolidating
the groups into a single consolidated elected taxpayer group or
permit any exclusion under division (C) of this section of taxable
gross receipts between members of the two groups. Division (A)(3)
of this section applies with respect to the elections described in
this division.
(2) The group makes the election to be treated as a
consolidated elected taxpayer in the manner prescribed under
division (D) of this section.
(3) Subject to review and audit by the tax commissioner, the
group agrees that all of the following apply:
(a) The group shall file reports as a single taxpayer for at
least the next eight calendar quarters following the election so
long as at least two or more of the members of the group meet the
requirements of division (A)(1) of this section.
(b) Before the expiration of the eighth such calendar
quarter, the group shall notify the commissioner if it elects to
cancel its designation as a consolidated elected taxpayer. If the
group does not so notify the tax commissioner, the election
remains in effect for another eight calendar quarters.
(c) If, at any time during any of those eight calendar
quarters following the election, a former member of the group no
longer meets the requirements under division (A)(1) of this
section, that member shall report and pay the tax imposed under
this chapter separately, as a member of a combined taxpayer, or,
if the former member satisfies such requirements with respect to
another consolidated elected group, as a member of that
consolidated elected group.
(d) The group agrees to the application of division (B) of
this section.
(B) A group of persons making the election under this section
shall report and pay tax on all of the group's taxable gross
receipts even if substantial nexus with this state does not exist
for one or more persons in the group.
(C)(1)(a) Members of a consolidated elected taxpayer group
shall exclude gross receipts among persons included in the
consolidated elected taxpayer group.
(b) Subject to divisions (C)(1)(c) and (C)(2) of this
section, nothing in this section shall have the effect of
requiring a consolidated elected taxpayer group to include gross
receipts received by a person enumerated in divisions (E)(2) to
(10) of section 5751.01 of the Revised Code if that person is a
member of the group pursuant to the elections made by the group
under division (A)(1) of this section.
(c)(i) As used in division (C)(1)(c) of this section, "dealer
transfer" means a transfer of property that satisfies both of the
following: (I) the property is directly transferred by any means
from one member of the group to another member of the group that
is a dealer in intangibles but is not a qualifying dealer as
defined in section 5725.24 of the Revised Code; and (II) the
property is subsequently delivered by the dealer in intangibles to
a person that is not a member of the group.
(ii) In the event of a dealer transfer, a consolidated
elected taxpayer group shall not exclude, under division (C) of
this section, gross receipts from the transfer described in
division (C)(1)(c)(i)(I) of this section.
(2) Gross receipts related to the sale or transmission of
electricity through the use of an intermediary regional
transmission organization approved by the federal energy
regulatory commission shall be excluded from taxable gross
receipts under division (C)(1) of this section if all other
requirements of that division are met, even if the receipts are
from and to the same member of the group.
(D) To make the election to be a consolidated elected
taxpayer, a group of persons shall notify the tax commissioner of
the election in the manner prescribed by the commissioner and pay
the commissioner a registration fee equal to the lesser of two
hundred dollars or twenty dollars for each person in the group. No
additional fee shall be imposed for the addition of new members to
the group once the group has remitted a fee in the amount of two
hundred dollars. The election shall be made and the fee paid
before the later of the beginning of the first calendar quarter to
which the election applies or November 15, 2005. The fee shall be
collected and used in the same manner as provided in section
5751.04 of the Revised Code.
The election shall be made on a form prescribed by the tax
commissioner for that purpose and shall be signed by one or more
individuals with authority, separately or together, to make a
binding election on behalf of all persons in the group.
Any person acquired or formed after the filing of the
registration shall be included in the group if the person meets
the requirements of division (A)(1) of this section, and the group
shall notify the tax commissioner of any additions to the group
with the next tax return it files with the commissioner.
(E) Each member of a consolidated elected taxpayer is jointly
and severally liable for the tax imposed by this chapter and any
penalties or interest thereon. The tax commissioner may require
one person in the group to be the taxpayer for purposes of
registration and remittance of the tax, but all members of the
group are subject to assessment under section 5751.09 of the
Revised Code.
Sec. 5751.012. (A) All persons, other than persons
enumerated in divisions (E)(2) to (10) of section 5751.01 of the
Revised Code, having more than fifty per cent of the value of
their ownership interest owned or controlled, directly or
constructively through related interests, by common owners during
all or any portion of the tax period, together with the common
owners, shall be members of a combined taxpayer if those persons
are not members of a consolidated elected taxpayer pursuant to an
election under section 5751.011 of the Revised Code.
(B) A combined taxpayer shall register, file returns, and pay
taxes under this chapter as a single taxpayer.
(C) A combined taxpayer shall neither exclude taxable gross
receipts between its members nor from others that are not members.
(D) A combined taxpayer shall pay to the tax commissioner a
registration fee equal to the lesser of two hundred dollars or
twenty dollars for each person in the group. No additional fee
shall be imposed for the addition of new members to the group once
the group has remitted a fee in the amount of two hundred dollars.
The fee shall be timely paid before the later of the beginning of
the first calendar quarter or November 15, 2005. The fee shall be
collected and used in the same manner as provided in section
5751.04 of the Revised Code.
Any person acquired or formed after the filing of the
registration shall be included in the group if the person meets
the requirements of division (A) of this section, and the group
must notify the tax commissioner of any additions with the next
quarterly tax return it files with the commissioner.
(E) Each member of a combined taxpayer is jointly and
severally liable for the tax imposed by this chapter and any
penalties or interest thereon. The tax commissioner may require
one person in the group to be the taxpayer for purposes of
registration and remittance of the tax, but all members of the
group are subject to assessment under section 5751.09 of the
Revised Code.
Sec. 5751.013. (A) Except as provided in division (B) of this
section:
(1) A person shall include as taxable gross receipts the
value of property the person transfers into this state for the
person's own use within one year after the person receives the
property outside this state; and
(2) In the case of an elected a consolidated elected taxpayer
group or a combined taxpayer group, the taxpayer shall include as
taxable gross receipts the value of property that any of the
taxpayer's members transferred into this state for the use of any
of the taxpayer's members within one year after the taxpayer
receives the property outside this state.
(B) Property brought into this state within one year after it
is received outside this state by a person or group described in
division (A)(1) or (2) of this section shall not be included as
taxable gross receipts as required under those divisions if the
tax commissioner ascertains that the property's receipt outside
this state by the person or group followed by its transfer into
this state within one year was not intended in whole or in part to
avoid in whole or in part the tax imposed under this chapter.
(C) The tax commissioner may adopt rules necessary to
administer this section.
Sec. 5751.014. All members of a consolidated elected
taxpayer or combined taxpayer group during the tax period or
periods for which additional tax, penalty, or interest is owed may
be held jointly and severally liable for such amounts due when a
liability is certified to the attorney general under section
131.02 of the Revised Code.
Sec. 5751.03. (A) Except as provided in divisions (B) and
(D) of this section and in sections 5751.031 and 5751.032 of the
Revised Code, the tax levied under this section for each tax
period shall be the product of two and six-tenths mills per dollar
times the remainder of the taxpayer's taxable gross receipts for
the tax period after subtracting the exclusion amount provided for
in division (C) of this section.
(B) Notwithstanding division (C) of this section, the tax on
the first one million dollars in taxable gross receipts each
calendar year shall be one hundred fifty dollars. For calendar
year 2006, the tax imposed under this division shall be paid not
later than May 10, 2006, by both calendar year taxpayers and
calendar quarter taxpayers. For calendar year 2007 2008 and
thereafter, the tax imposed under this division shall be paid with
the fourth-quarter tax return or annual tax return for the prior
calendar year by both calendar year taxpayers and calendar quarter
taxpayers not later than the tenth day of May of each year along
with the first quarter or annual tax return, as applicable.
(C)(1) Each calendar quarter taxpayer may exclude the first
two hundred fifty thousand dollars of taxable gross receipts for a
calendar quarter and may carry forward and apply any unused
exclusion amount to the three subsequent calendar quarters. Each
calendar year taxpayer may exclude the first one million dollars
of taxable gross receipts for a calendar year.
(2) A taxpayer switching from a calendar year tax period to a
calendar quarter tax period may, for the first quarter of the
change, apply the prior calendar quarter exclusion amounts to the
first calendar quarter return the taxpayer files that calendar
year. The tax rate shall be based on the rate imposed that
calendar quarter when the taxpayer switches from a calendar year
to a calendar quarter tax period.
(D) There is hereby allowed a credit against the tax imposed
under this chapter for each of the following calendar years if a
transfer was made in the preceding calendar year from the general
revenue fund to the commercial activity tax refund fund under
division (D) of section 5751.032 of the Revised Code: calendar
years 2008, 2010, and 2012. The credit is allowed for taxpayers
that paid in full the tax imposed under this chapter for the
calendar year in which the transfer was made. The amount of a
taxpayer's credit equals the amount computed under division (D) of
section 5751.032 of the Revised Code.
Sec. 5751.04. (A) As used in this section, "person" includes
a reporting person.
(B) Not later than the later of November 15, 2005,
or thirty
days after a person first has more than one hundred
fifty
thousand dollars in taxable gross receipts in a calendar
year,
each person subject to this chapter shall register with the
tax
commissioner on the form prescribed by the commissioner. The
form
shall include the following:
(2) If applicable, the name of the state or country under the
laws of which the person is incorporated;
(3) If applicable, the location of a person's principal
office and the name and address of the officer or agent of the
corporation in charge of the business;
(4) If applicable, the names of the person's president,
secretary, treasurer, and statutory agent designated pursuant to
section 1703.041 of the Revised Code, with the post office address
of each;
(5) The kind of business in which the person is engaged,
including applicable business or industry codes;
(6) If required by the tax commissioner, the date of the
beginning of the person's annual accounting period that includes
the first day of January of the taxable calendar year;
(7) If the person is not a corporation or a sole proprietor,
the names of the person's owners and officers, if required by the
tax commissioner;
(8) The person's federal employer identification number or
numbers or, if those are not applicable, the person's social
security number or equivalent;
(9) All other information that the commissioner requires to
administer and enforce this chapter.
(B)(C) Except as otherwise provided in this division, each
person registering with the tax commissioner as required by
division (A)(B) of this section shall pay a registration fee. The
fee shall be in the amount of fifteen dollars if a person
registers electronically and twenty dollars if a person does not
register electronically. The registration fee shall be paid in the
manner prescribed by the tax commissioner at the same time the
registration is due if a person is subject to the tax imposed
under this chapter before January 1, 2006. If a person first
becomes subject to the tax after that date, the registration fee
is payable with the first tax period return the person is required
to file as prescribed by section 5751.051 of the Revised Code. If
a registration fee is not paid when due person does not register
within the time prescribed by this section, an additional fee is
imposed in the amount of one hundred dollars per month or part
thereof that the fee is outstanding, not to exceed one thousand
dollars. The tax commissioner may abate the additional fee. The
fee imposed under this division may be assessed in the same manner
as the tax imposed under this chapter. Proceeds from the fee shall
be credited to the commercial activity tax administrative fund,
which is hereby created in the state treasury for the commissioner
to use in implementing and administering the tax imposed under
this chapter.
No registration fee is payable by a person for a calendar
year if the person first begins business operations in this state
after the thirtieth day of November of that calendar year or if
the person's taxable gross receipts for the calendar year exceed
one hundred fifty thousand dollars but do not exceed one hundred
fifty thousand dollars as of the first day of December of the
calendar year.
Registration fees paid under this section, excluding any
additional fee imposed for late payment of the registration fee a
person's failure to timely register, shall be credited against the
first payment of tax payable under section 5751.03 of the Revised
Code after the registration fee is paid.
(C)(D) If a person that has registered under this section is
no longer a taxpayer subject to this chapter, including no longer
being a taxpayer because of the application of division (E)(1) of
section 5751.01 of the Revised Code, the person shall notify the
commissioner that the person's registration should be cancelled.
(E) With respect to registrations received by the
commissioner before the effective date of the amendment of this
section by the main operating appropriations act of the 128th
general assembly, the taxpayer
listed as the primary taxpayer on
the registration shall be the
reporting person until the taxpayer
notifies the commissioner
otherwise.
Sec. 5751.05. (A) If a person subject to this chapter
anticipates that the person's taxable gross receipts will be more
than one million dollars or less in a calendar year 2006, the
person may elect to be a calendar year taxpayer. If a person is
not required to be registered under this section for calendar year
2006 and anticipates that the person's taxable gross receipts will
be one million dollars or less in the first calendar year the
person is required to register under this section, the person may
elect to be a calendar year taxpayer shall notify the tax
commissioner on the person's initial registration form and file on
a quarterly basis as a calendar quarter taxpayer. Any taxpayer
with taxable
gross receipts of less than one million dollars
shall register as
a calendar year taxpayer and shall file
annually.
(B) Any person that is a calendar year taxpayer pursuant to
an election under division (A) of this section shall become a
calendar quarter taxpayer in the subsequent calendar year if the
person's taxable gross receipts for the prior calendar year are
more than one million dollars, and shall remain a calendar quarter
taxpayer until the person notifies the tax commissioner, and
receives approval in writing from the tax commissioner, to switch
back to being a calendar year taxpayer. Nothing in this division
prohibits a person that has elected to be a calendar year taxpayer
from notifying the tax commissioner, using the procedures
prescribed by the commissioner, that it is switching back to being
a calendar quarter taxpayer.
(C) Any taxpayer that is not a calendar year quarter taxpayer
pursuant to this section is a calendar quarter year taxpayer. The
tax commissioner may grant written approval for a calendar quarter
taxpayer to use an alternative reporting schedule or estimate the
amount of tax due for a calendar quarter if the taxpayer
demonstrates to the commissioner the need for such a deviation.
The commissioner may adopt a rule to apply division (C) of this
section to a group of taxpayers without the taxpayers having to
receive written approval from the commissioner.
Sec. 5751.051. (A)(1) Not later than forty days the tenth
day of the second month after the end of each calendar quarter,
every taxpayer other than a calendar year taxpayer shall file with
the tax commissioner a tax return in such form as the commissioner
prescribes. The return shall include, but is not limited to, the
amount of the taxpayer's taxable gross receipts for the calendar
quarter and shall indicate the amount of tax due under section
5751.03 of the Revised Code for the calendar quarter.
(2)(a) Subject to division (C) of section 5751.05 of the
Revised Code, a calendar quarter taxpayer shall report the taxable
gross receipts for that calendar quarter.
(b) With respect to taxable gross receipts incorrectly
reported in a calendar quarter that has a lower tax rate, the tax
shall be computed at the tax rate in effect for the quarterly
return in which such receipts should have been reported. Nothing
in division (A)(2)(b) of this section prohibits a taxpayer from
filing an application for refund under section 5751.08 of the
Revised Code with regard to the incorrect reporting of taxable
gross receipts discovered after filing the annual return described
in division (A)(3) of this section.
A tax return shall not be deemed to be an incorrect reporting
of taxable gross receipts for the purposes of division (A)(2)(b)
of this section if the return reflects between ninety-five and one
hundred five per cent of the actual taxable gross receipts for the
calendar quarter.
(3) The For the purposes of division (A)(2)(b) of this
section, the tax return filed for the fourth calendar quarter of a
calendar year is the annual return for the privilege tax imposed
by this chapter. Such return shall report any additional taxable
gross receipts not previously reported in the calendar year and
shall adjust for any over-reported taxable gross receipts in the
calendar year. If the taxpayer ceases to be a taxpayer before the
end of the calendar year, the last return the taxpayer is required
to file shall be the annual return for the taxpayer and the
taxpayer shall report any additional taxable gross receipts not
previously reported in the calendar year and shall adjust for any
over-reported taxable gross receipts in the calendar year.
(4) Because the tax imposed by this chapter is a privilege
tax, the tax rate with respect to taxable gross receipts for a
calendar quarter is not fixed until the end of the measurement
period for each calendar quarter. Subject to division (A)(2)(b) of
this section, the total amount of taxable gross receipts reported
for a given calendar quarter shall be subject to the tax rate in
effect in that quarter.
(5) Not later than forty days after the tenth day of May
following the end of each calendar year, every calendar year
taxpayer shall file with the tax commissioner a tax return in such
form as the commissioner prescribes. The return shall include, but
is not limited to, the amount of the taxpayer's taxable gross
receipts for the calendar year and shall indicate the amount of
tax due under section 5751.03 of the Revised Code for the calendar
year.
(B)(1) A person that first becomes subject to the tax imposed
under this chapter shall pay the minimum tax imposed under
division (B) of section 5751.03 of the Revised Code along with the
registration fee imposed under this section, if applicable, on or
before the day the return is required to be filed for that quarter
under division (A)(1) of this section, regardless of whether the
person elects to be a calendar year taxpayer under section 5751.05
of the Revised Code.
(2) The amount of the minimum tax for a person subject to
division (B)(1) of this section shall be reduced to seventy-five
dollars if the registration is timely filed after the first day of
May and before the first day of January of the following calendar
year.
Sec. 5751.06. (A) Any taxpayer that fails to file a return
or pay the full amount of the tax due within the period prescribed
therefor under this chapter shall pay a penalty in an amount not
exceeding the greater of fifty dollars or ten per cent of the tax
required to be paid for the tax period.
(B)(1) If any additional tax is found to be due, the tax
commissioner may impose an additional penalty of up to fifteen per
cent on the additional tax found to be due.
(2) Any delinquent payments of the tax made after a taxpayer
is notified of an audit or a tax discrepancy by the commissioner
is subject to the penalty imposed by division (B) of this section.
If an assessment is issued under section 5751.10 5751.09 of the
Revised Code in connection with such delinquent payments, the
payments shall be credited to the assessment.
(C) After calendar year 2008, the tax commissioner may impose
an additional penalty against a taxpayer that fails to switch to
being a calendar quarter taxpayer at the time it had over two
million in taxable gross receipts in the calendar year, as
required under section 5751.04 of the Revised Code. The penalty
may be imposed in an amount not to exceed ten per cent of the tax
due above two million dollars in taxable gross receipts for the
calendar year. Any penalty imposed under this division is in
addition to any other penalties imposed under this section.
(D) If the tax commissioner notifies a person required to
register under section 5751.05 of the Revised Code of such
requirement and of the requirement to remit the tax due under this
chapter, and the person fails to so register and remit the tax
within sixty days after such notice, the tax commissioner may
impose an additional penalty of up to thirty-five per cent of the
tax due. The penalty imposed under this division is in addition to
any other penalties imposed under this section.
(E) The tax commissioner may collect any penalty or interest
imposed by this section in the same manner as the tax imposed
under this chapter. Penalties and interest so collected shall be
considered as revenue arising from the tax imposed under this
chapter.
(F) The tax commissioner may abate all or a portion of any
penalties imposed under this section and may adopt rules governing
such abatements.
(G) If any tax due is not timely paid in accordance with this
chapter, the taxpayer shall pay interest, calculated at the rate
per annum prescribed by section 5703.47 of the Revised Code, from
the date the tax payment was due to the date of payment or to the
date an assessment was issued, whichever occurs first.
(H) The tax commissioner may impose a penalty of up to ten
per cent for any additional tax that is due under division
(A)(2)(b) of section 5751.051 of the Revised Code from a taxpayer
incorrectly reporting its taxable gross receipts.
Sec. 5751.08. (A) An application for refund to the taxpayer
of the amount of taxes imposed under this chapter that are
overpaid, paid illegally or erroneously, or paid on any illegal or
erroneous assessment shall be filed with the tax commissioner, on
the form prescribed by the commissioner, within four years after
the date of the illegal or erroneous payment of the tax. The
applicant shall provide the amount of the requested refund along
with the claimed reasons for, and documentation to support, the
issuance of a refund.
(B) On the filing of the refund application, the tax
commissioner shall determine the amount of refund to which the
applicant is entitled. If the amount is not less than that
claimed, the commissioner shall certify the amount to the director
of budget and management and treasurer of state for payment from
the tax refund fund created under section 5703.052 of the Revised
Code. If the amount is less than that claimed, the commissioner
shall proceed in accordance with section 5703.70 of the Revised
Code.
(C) Interest on a refund applied for under this section,
computed at the rate provided for in section 5703.47 of the
Revised Code, shall be allowed from the later of the date the tax
was paid or when the tax payment was due.
(D) A calendar quarter taxpayer with more than one million
dollars in taxable gross receipts in a calendar year other than
calendar year 2005 and that is not able to exclude one million
dollars in taxable gross receipts because of the operation of the
taxpayer's business in that calendar year may file for a refund
under this section to obtain the full exclusion of one million
dollars in taxable gross receipts for that calendar year.
(E) No person with an active registration as a taxpayer under
this chapter may claim a refund under this section for the tax
imposed under division (B) of section 5751.03 of the Revised Code
unless the person cancelled the registration before the tenth day
of February May of the current calendar year pursuant to division
(C)(D) of section 5751.04 of the Revised Code.
(F) Except as provided in section 5751.091 of the Revised
Code, the tax commissioner may, with the consent of the taxpayer,
provide for the crediting against tax due for a tax year the
amount of any refund due the taxpayer under this chapter for a
preceding tax year.
Sec. 5751.09. (A) The tax commissioner may make an
assessment, based on any information in the commissioner's
possession, against any person that fails to file a return or pay
any tax as required by this chapter. The commissioner shall give
the person assessed written notice of the assessment as provided
in section 5703.37 of the Revised Code. With the notice, the
commissioner shall provide instructions on the manner in which to
petition for reassessment and request a hearing with respect to
the petition. The commissioner shall send any assessments against
consolidated elected taxpayers and combined taxpayers under
section 5751.011 or 5751.012 of the Revised Code to the taxpayer's
"reporting person" as defined under division (R) of section
5751.01 of the Revised Code. The reporting person shall notify all
members of the group of the assessment and all outstanding taxes,
interest, and penalties for which the assessment is issued.
(B) Unless the person assessed, within sixty days after
service of the notice of assessment, files with the tax
commissioner, either personally or by certified mail, a written
petition signed by the person or the person's authorized agent
having knowledge of the facts, the assessment becomes final, and
the amount of the assessment is due and payable from the person
assessed to the treasurer of state. The petition shall indicate
the objections of the person assessed, but additional objections
may be raised in writing if received by the commissioner prior to
the date shown on the final determination.
If a petition for reassessment has been properly filed, the
commissioner shall proceed under section 5703.60 of the Revised
Code.
(C)(1) After an assessment becomes final, if any portion of
the assessment, including accrued interest, remains unpaid, a
certified copy of the tax commissioner's entry making the
assessment final may be filed in the office of the clerk of the
court of common pleas in the county in which the person resides or
has its principal place of business in this state, or in the
office of the clerk of court of common pleas of Franklin county.
(2) Immediately upon the filing of the entry, the clerk shall
enter judgment for the state against the person assessed in the
amount shown on the entry. The judgment may be filed by the clerk
in a loose-leaf book entitled, "special judgments for the
commercial activity tax" and shall have the same effect as other
judgments. Execution shall issue upon the judgment at the request
of the tax commissioner, and all laws applicable to sales on
execution shall apply to sales made under the judgment.
(3) The portion of the assessment not paid within sixty days
after the day the assessment was issued shall bear interest at the
rate per annum prescribed by section 5703.47 of the Revised Code
from the day the tax commissioner issues the assessment until it
is paid. Interest shall be paid in the same manner as the tax and
may be collected by the issuance of an assessment under this
section.
(D) If the tax commissioner believes that collection of the
tax will be jeopardized unless proceedings to collect or secure
collection of the tax are instituted without delay, the
commissioner may issue a jeopardy assessment against the person
liable for the tax. Immediately upon the issuance of the jeopardy
assessment, the commissioner shall file an entry with the clerk of
the court of common pleas in the manner prescribed by division (C)
of this section. Notice of the jeopardy assessment shall be served
on the person assessed or the person's authorized agent in the
manner provided in section 5703.37 of the Revised Code within five
days of the filing of the entry with the clerk. The total amount
assessed is immediately due and payable, unless the person
assessed files a petition for reassessment in accordance with
division (B) of this section and provides security in a form
satisfactory to the commissioner and in an amount sufficient to
satisfy the unpaid balance of the assessment. Full or partial
payment of the assessment does not prejudice the commissioner's
consideration of the petition for reassessment.
(E) The tax commissioner shall immediately forward to the
treasurer of state all amounts the commissioner receives under
this section, and such amounts shall be considered as revenue
arising from the tax imposed under this chapter.
(F) Except as otherwise provided in this division, no
assessment shall be made or issued against a taxpayer for the tax
imposed under this chapter more than four years after the due date
for the filing of the return for the tax period for which the tax
was reported, or more than four years after the return for the tax
period was filed, whichever is later. Nothing in this division
bars an assessment against a taxpayer that fails to file a return
required by this chapter or that files a fraudulent return.
(G) If the tax commissioner possesses information that
indicates that the amount of tax a taxpayer is required to pay
under this chapter exceeds the amount the taxpayer paid, the tax
commissioner may audit a sample of the taxpayer's gross receipts
over a representative period of time to ascertain the amount of
tax due, and may issue an assessment based on the audit. The tax
commissioner shall make a good faith effort to reach agreement
with the taxpayer in selecting a representative sample. The tax
commissioner may apply a sampling method only if the commissioner
has prescribed the method by rule.
(H) If the whereabouts of a person subject to this chapter is
not known to the tax commissioner, the secretary of state is
hereby deemed to be that person's agent for purposes of service of
process of notice of any assessment, action, or proceedings
instituted in this state against the person under this chapter.
Such process or notice shall be served on such person by the
commissioner or by one of the commissioner's agents by leaving at
the office of the secretary of state, at least fifteen days before
the return day of such process or notice, a true and attested copy
of the notice, and by sending to such person by ordinary mail,
with an endorsement thereon of the service upon the secretary of
state, addressed to such person at the person's last known
address commissioner shall follow the procedures under section
5703.37 of the Revised Code.
Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of
the Revised Code:
(1) "School district," "joint vocational school district,"
"local taxing unit," "recognized
valuation," "fixed-rate levy,"
and "fixed-sum levy" have the same
meanings as used in section
5727.84 of the Revised Code.
(2) "State education aid" for a school district means the
following:
(a) For fiscal years prior to fiscal year 2010, the sum
of
state aid amounts computed for the district under division (A)
of
section 3317.022 of the Revised Code, including the amounts
calculated under sections 3317.029 and 3317.0217 of the Revised
Code; divisions (C)(1), (C)(4), (D), (E), and (F) of section
3317.022; divisions (B), (C), and (D) of section 3317.023;
divisions (L) and (N) of section 3317.024; section 3317.0216; and
any unit payments for gifted student services paid under sections
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,
for fiscal years 2008 and 2009, the amount computed for the
district under Section 269.20.80 of H.B. 119 of the 127th general
assembly and as that section subsequently may be amended shall be
substituted for the amount computed under division (D) of section
3317.022 of the Revised Code, and the amount computed under
Section 269.30.80 of H.B. 119 of the 127th general assembly and as
that section subsequently may be amended shall be included.
(b) For fiscal year 2010 and for each fiscal year thereafter,
the sum of the amounts computed under section 3306.12, 3306.13,
and 3306.19 of the Revised Code.
(3) "State education aid" for a joint vocational school
district means the following:
(a) For fiscal years prior to fiscal year 2010, the sum of
the state aid computed for the district
under division (N) of
section 3317.024 and section 3317.16 of the
Revised Code, except
that, for fiscal years 2008 and 2009, the
amount computed under
Section 269.30.80 of H.B. 119 of the 127th
general assembly and
as that section subsequently may be amended
shall be included.
(b) For fiscal years 2010 and 2011, the amount paid in
accordance with the section of this act entitled "FUNDING FOR
JOINT VOCATIONAL SCHOOL DISTRICTS."
(4) "State education aid offset" means the amount determined
for each school district or joint vocational school district under
division (A)(1) of section 5751.21 of the Revised Code.
(5) "Machinery and equipment property tax value loss"
means
the amount determined under division (C)(1) of this section.
(6) "Inventory property tax value loss" means the amount
determined under division (C)(2) of this section.
(7) "Furniture and fixtures property tax value loss" means
the amount determined under division (C)(3) of this section.
(8)
"Machinery and equipment fixed-rate levy loss" means
the
amount determined under division (D)(1) of this section.
(9) "Inventory fixed-rate levy loss" means the amount
determined under division (D)(2) of this section.
(10) "Furniture and fixtures fixed-rate levy loss" means
the
amount determined under division (D)(3) of this section.
(11) "Total fixed-rate levy loss" means the sum of the
machinery and equipment fixed-rate levy loss, the inventory
fixed-rate levy loss, the furniture and fixtures fixed-rate levy
loss, and the telephone company fixed-rate levy loss.
(12)
"Fixed-sum levy loss" means the amount determined
under
division (E) of this section.
(13) "Machinery and equipment" means personal property
subject to the assessment rate specified in division (F) of
section 5711.22 of the Revised Code.
(14) "Inventory" means personal property subject to the
assessment rate specified in division (E) of section 5711.22 of
the Revised Code.
(15) "Furniture and fixtures" means personal property
subject to the assessment rate specified in division (G) of
section 5711.22 of the Revised Code.
(16) "Qualifying levies" are levies in effect for tax
year
2004 or applicable to tax year 2005 or approved at an
election
conducted before September 1, 2005. For the purpose of
determining the rate of a qualifying levy authorized by section
5705.212 or 5705.213 of the Revised Code, the rate shall be the
rate that would be in effect for tax year 2010.
(17) "Telephone property" means tangible personal
property
of a telephone, telegraph, or interexchange
telecommunications
company subject to an assessment rate specified
in section
5727.111 of the Revised Code in tax year 2004.
(18) "Telephone property tax value loss" means the amount
determined under division (C)(4) of this section.
(19) "Telephone property fixed-rate levy loss" means the
amount determined under division (D)(4) of this section.
(B) The commercial activities tax receipts fund is hereby
created in the state treasury and shall consist of money arising
from the tax imposed under this chapter. All money in that
Eighty-five one-hundredths of one per cent of the money credited
to
that fund shall be credited to the tax reform system
implementation fund, which is hereby created in the state
treasury, and shall be used to defray the costs incurred by the
department of taxation in administering the tax imposed by this
chapter and in implementing tax reform measures. The remainder in
the commercial activities tax receipts fund
shall be credited for
each fiscal year in the following
percentages to the general
revenue fund, to the school district
tangible property tax
replacement fund, which is hereby created in
the state treasury
for the purpose of making the payments
described in section
5751.21 of the Revised Code, and to the local
government tangible
property tax replacement fund, which is hereby
created in the
state treasury for the purpose of making the
payments described
in section 5751.22 of the Revised Code, in the
following
percentages:
| Fiscal year |
General Revenue Fund |
School District Tangible Property Tax Replacement Fund |
Local Government Tangible Property Tax Replacement Fund |
| 2006 |
67.7% |
22.6% |
9.7% |
| 2007 |
0% |
70.0% |
30.0% |
| 2008 |
0% |
70.0% |
30.0% |
| 2009 |
0% |
70.0% |
30.0% |
| 2010 |
0% |
70.0% |
30.0% |
| 2011 |
0% |
70.0% |
30.0% |
| 2012 |
5.3% |
70.0% |
24.7% |
| 2013 |
10.6% |
70.0% |
19.4% |
| 2014 |
14.1% |
70.0% |
15.9% |
| 2015 |
17.6% |
70.0% |
12.4% |
| 2016 |
21.1% |
70.0% |
8.9% |
| 2017 |
24.6% |
70.0% |
5.4% |
| 2018 |
28.1% |
70.0% |
1.9% |
| 2019 and thereafter |
30% |
70% |
0% |
(C) Not later than September 15, 2005, the tax commissioner
shall determine for each school district, joint vocational school
district, and local taxing unit its machinery and equipment,
inventory property, furniture and fixtures property, and telephone
property tax value losses, which are the applicable amounts
described in divisions (C)(1), (2), (3), and (4) of this section,
except as provided in division (C)(5) of this section:
(1) Machinery and equipment property tax value loss is the
taxable value of machinery and equipment property as reported by
taxpayers for tax year 2004 multiplied by:
(a) For tax year 2006, thirty-three and eight-tenths per
cent;
(b) For tax year 2007, sixty-one and three-tenths per cent;
(c) For tax year 2008, eighty-three per cent;
(d) For tax year 2009 and thereafter, one hundred per cent.
(2) Inventory property tax value loss is the taxable value of
inventory property as reported by taxpayers for tax year 2004
multiplied by:
(a) For tax year 2006, a fraction, the numerator of which is
five and three-fourths and the denominator of which is
twenty-three;
(b) For tax year 2007, a fraction, the numerator of which is
nine and one-half and the denominator of which is twenty-three;
(c) For tax year 2008, a fraction, the numerator of which is
thirteen and one-fourth and the denominator of which is
twenty-three;
(d) For tax year 2009 and thereafter a fraction, the
numerator of which is seventeen and the denominator of which is
twenty-three.
(3) Furniture and fixtures property tax value loss is the
taxable value of furniture and fixture property as reported by
taxpayers for tax year 2004 multiplied by:
(a) For tax year 2006, twenty-five per cent;
(b) For tax year 2007, fifty per cent;
(c) For tax year 2008, seventy-five per cent;
(d) For tax year 2009 and thereafter, one hundred per cent.
The taxable value of property reported by taxpayers used in
divisions (C)(1), (2), and (3) of this section shall be such
values as determined to be final by the tax commissioner as of
August 31, 2005. Such determinations shall be final except for any
correction of a clerical error that was made prior to August 31,
2005, by the tax commissioner.
(4) Telephone property tax value loss is the taxable value of
telephone property as taxpayers would have reported that property
for tax year 2004 if the assessment rate for all telephone
property for that year were twenty-five per cent, multiplied by:
(a) For tax year 2006, zero per cent;
(b) For tax year 2007, zero per cent;
(c) For tax year 2008, zero per cent;
(d) For tax year 2009, sixty per cent;
(e) For tax year 2010, eighty per cent;
(f) For tax year 2011 and thereafter, one hundred per cent.
(5) Division (C)(5) of this section applies to any school
district, joint vocational school district, or local taxing unit
in a county in which is located a facility currently or formerly
devoted to the enrichment or commercialization of uranium or
uranium products, and for which the total taxable value of
property listed on the general tax list of personal property for
any tax year from tax year 2001 to tax year 2004 was fifty per
cent or less of the taxable value of such property listed on the
general tax list of personal property for the next preceding tax
year.
In computing the fixed-rate levy losses under divisions
(D)(1), (2), and (3) of this section for any school district,
joint vocational school district, or local taxing unit to which
division (C)(5) of this section applies, the taxable value of such
property as listed on the general tax list of personal property
for tax year 2000 shall be substituted for the taxable value of
such property as reported by taxpayers for tax year 2004, in the
taxing district containing the uranium facility, if the taxable
value listed for tax year 2000 is greater than the taxable value
reported by taxpayers for tax year 2004. For the purpose of making
the computations under divisions (D)(1), (2), and (3) of this
section, the tax year 2000 valuation is to be allocated to
machinery and equipment, inventory, and furniture and fixtures
property in the same proportions as the tax year 2004 values. For
the purpose of the calculations in division (A) of section 5751.21
of the Revised Code, the tax year 2004 taxable values shall be
used.
To facilitate the calculations required under division (C) of
this section, the county auditor, upon request from the tax
commissioner, shall provide by August 1, 2005, the values of
machinery and equipment, inventory, and furniture and fixtures for
all single-county personal property taxpayers for tax year 2004.
(D) Not later than September 15, 2005, the tax commissioner
shall determine for each tax year from 2006 through 2009 for each
school district, joint vocational school district, and local
taxing unit its machinery and equipment, inventory, and furniture
and fixtures fixed-rate levy losses, and for each tax year from
2006 through 2011 its telephone property fixed-rate levy loss,
which. Except as provided in division (F) of this section, such
losses are the applicable amounts described in divisions (D)(1),
(2), (3), and (4) of this section:
(1) The machinery and equipment fixed-rate levy loss is the
machinery and equipment property tax value loss multiplied by the
sum of the tax rates of fixed-rate qualifying levies.
(2) The inventory fixed-rate loss is the inventory property
tax value loss multiplied by the sum of the tax rates of
fixed-rate qualifying levies.
(3) The furniture and fixtures fixed-rate levy loss is the
furniture and fixture property tax value loss multiplied by the
sum of the tax rates of fixed-rate qualifying levies.
(4) The telephone property fixed-rate levy loss is the
telephone property tax value loss multiplied by the sum of the tax
rates of fixed-rate qualifying levies.
(E)
Not later than September 15, 2005, the tax commissioner
shall determine for each school district, joint vocational school
district, and local taxing unit its fixed-sum levy loss. The
fixed-sum levy loss is the amount obtained by subtracting the
amount described in division (E)(2) of this section from the
amount described in division (E)(1) of this section:
(1) The sum of the machinery and equipment property tax value
loss, the inventory property tax value loss, and the furniture and
fixtures property tax value loss, and, for 2008 through 2017 the
telephone property tax value loss of the district or unit
multiplied by the sum of the fixed-sum tax rates of qualifying
levies. For 2006 through 2010, this computation shall include all
qualifying levies remaining in effect for the current tax year and
any school district levies imposed under section
5705.194 or
5705.213 of the Revised Code that are qualifying
levies
not
remaining in effect for the current year. For 2011
through
2017
in the case of qualifying school district levies
imposed under
section
5705.194 or 5705.213 of the Revised Code and
for all
years after
2010 in the case of other fixed-sum levies,
this
computation
shall include only qualifying levies remaining
in
effect for the
current year. For purposes of this computation,
a
qualifying
school district levy imposed under section
5705.194,
5705.199, or 5705.213
of the Revised Code remains in effect in a
year after 2010 only
if, for that year, the board of education
levies a school
district levy imposed under section
5705.194 or
5705.213 of the
Revised Code for an annual sum at
least
equal
to the annual sum
levied by the board in tax year
2004 less
the
amount of the
payment certified under this division
for 2006.
(2) The total taxable value in tax year 2004 less the sum of
the machinery and equipment, inventory, furniture and fixtures,
and telephone property tax value losses in each school district,
joint vocational school district, and local taxing unit multiplied
by one-half of one mill per dollar.
(3) For the calculations in divisions (E)(1) and (2) of this
section, the tax value losses are those that would be calculated
for tax year 2009 under divisions (C)(1), (2), and (3) of this
section and for tax year 2011 under division (C)(4) of this
section.
(4) To facilitate the calculation under divisions (D) and (E)
of this section, not later than September 1, 2005, any school
district, joint vocational school district, or local taxing unit
that has a qualifying levy that was approved at an election
conducted during 2005 before September 1, 2005, shall certify to
the tax commissioner a copy of the county auditor's certificate of
estimated property tax millage for such levy as required under
division (B) of section 5705.03 of the Revised Code, which is the
rate that shall be used in the calculations under such divisions.
If the amount determined under division (E) of this section
for any school district, joint vocational school district, or
local taxing unit is greater than zero, that amount shall equal
the reimbursement to be paid pursuant to division (E) of
section
5751.21 or division (A)(3) of section 5751.22 of the
Revised
Code,
and the one-half of one mill that is subtracted
under
division
(E)(2) of this section shall be apportioned among
all
contributing
fixed-sum levies in the proportion that each
levy
bears to the sum
of all fixed-sum levies within each school
district, joint
vocational school district, or local taxing unit.
(F) If a school district levies a tax under section 5705.219
of the Revised Code, the fixed-rate levy loss for qualifying
levies, to the extent repealed under that section, shall equal the
sum of the following amounts in lieu of the amounts computed for
such levies under division (D) of this section:
(1) The sum of the rates of qualifying levies to the extent
so repealed multiplied by the sum of the machinery and equipment,
inventory, and furniture and fixtures tax value losses for 2009 as
determined under that division;
(2) The sum of the rates of qualifying levies to the extent
so repealed multiplied by the telephone property tax value loss
for 2011 as determined under that division.
The fixed-rate levy losses for qualifying levies to the
extent not repealed under section 5705.219 of the Revised Code
shall be as determined under division (D) of this section. The
revised fixed-rate levy losses determined under this division and
division (D) of this section first apply in the year following the
first year the district levies the tax under section 5705.219 of
the
Revised Code.
(G) Not later than October 1, 2005, the tax commissioner
shall certify to the department of education for every school
district and joint vocational school district the machinery and
equipment, inventory, furniture and fixtures, and telephone
property tax value losses determined under division (C) of this
section, the machinery and equipment, inventory, furniture and
fixtures, and telephone fixed-rate levy losses determined under
division (D) of this section, and the fixed-sum levy losses
calculated under division (E) of this section. The calculations
under divisions (D) and (E) of this section shall separately
display the levy loss for each levy eligible for reimbursement.
(G)(H) Not later than October 1, 2005, the tax commissioner
shall certify the amount of the fixed-sum levy losses to the
county auditor of each county in which a school district, joint
vocational school district, or local taxing unit with a fixed-sum
levy loss reimbursement has territory.
(I) Not later than the twenty-eighth day of February each
year beginning in 2011 and ending in 2014, the tax commissioner
shall certify to the department of education for each school
district first levying a tax under section 5705.219 of the Revised
Code in the preceding year the revised fixed-rate levy losses
determined under divisions (D) and (F) of this section.
Sec. 5751.21. (A) Not later than the thirtieth
day of July
of 2007 through 2017, the department of education
shall consult
with the director of budget and management and
determine the
following for each school district and each joint
vocational
school district eligible for payment under division
(B)
of this
section:
(1) The state education aid offset, which is the difference
obtained by subtracting the amount described in division (A)(1)(b)
of this section from the amount described in division (A)(1)(a) of
this section:
(a) The state education aid computed for the school district
or joint vocational school district for the current fiscal year as
of the thirtieth day of July;
(b) The state education aid that would be computed for the
school district or joint vocational school district for the
current fiscal year as of the thirtieth day of July
if
the
recognized valuation included the machinery and equipment,
inventory, furniture and fixtures, and telephone property tax
value losses for the school district or joint vocational school
district for the second preceding tax year, and if taxes charged
and payable associated with the tax value losses are accounted for
in any state education aid computation dependent on taxes charged
and payable.
(2) The greater of zero or the difference obtained by
subtracting the state education aid offset determined under
division (A)(1) of this section from the sum of the machinery and
equipment fixed-rate levy loss, the inventory fixed-rate levy
loss, furniture and fixtures fixed-rate levy loss, and telephone
property fixed-rate levy loss certified under division (F)
divisions (G) and (I) of
section 5751.20 of the Revised Code for
all taxing districts in
each school district and joint vocational
school district for the
second preceding tax year.
By the thirtieth day of July of each such year,
the
department of education and the director of budget and
management
shall agree upon the amount to be determined
under
division
(A)(1) of this section.
(B) On or before the thirty-first day of August of each
year
beginning in 2008, the department of education shall
recalculate
the offset described under division (A) of this
section for the
previous fiscal year and recalculate the payments made under
division (C) of this
section in the preceding fiscal year using
the offset calculated under this division. If the payments
calculated under this division differ from the payments made under
division (C) of this section in the preceding fiscal year, the
difference shall either be paid to a school district or recaptured
from a school district through an adjustment at the same times
during the current fiscal year that the payments under division
(C) of this section are made. In August and October of the current
fiscal year, the amount of each adjustment shall be three-sevenths
of the amount calculated under this division. In May of the
current fiscal year, the adjustment shall be one-seventh of the
amount calculated under this division.
(C) The department of education shall pay from the school
district tangible property tax replacement fund to each school
district and joint vocational school district all of the following
for fixed-rate levy losses certified under division (F) divisions
(G) and (I) of section
5751.20 of the Revised Code:
(1) On or before May 31, 2006, one-seventh of the total
fixed-rate levy loss for tax year 2006;
(2) On or before August 31, 2006, and October 31, 2006,
one-half of six-sevenths of the total fixed-rate levy loss for tax
year 2006;
(3) On or before May 31, 2007, one-seventh of the total
fixed-rate levy loss for tax year 2007;
(4) On or before August 31, 2007, and October 31, 2007,
forty-three per cent of the amount determined under division
(A)(2) of this section for fiscal year 2008, but not less than
zero, plus one-half of six-sevenths of the difference between the
total fixed-rate levy loss for tax year 2007 and the total
fixed-rate levy loss for tax year 2006.
(5) On or before May 31, 2008, fourteen per cent of
the
amount determined under division (A)(2) of this section for
fiscal
year 2008, but not less than zero, plus one-seventh of the
difference between the total fixed-rate levy loss for tax year
2008 and the total fixed-rate levy loss for tax year 2006.
(6) On or before August 31, 2008, and October 31, 2008,
forty-three per cent of the amount determined under division
(A)(2) of this section for fiscal year 2009, but not less than
zero, plus one-half of six-sevenths of the difference between the
total fixed-rate levy loss in tax year 2008 and the total
fixed-rate levy loss in tax year 2007.
(7) On or before May 31, 2009, fourteen per cent of
the
amount determined under division (A)(2) of this section for
fiscal
year 2009, but not less than zero, plus one-seventh of the
difference between the total fixed-rate levy loss for tax year
2009 and the total fixed-rate levy loss for tax year 2007.
(8) On or before August 31, 2009, and October 31, 2009,
forty-three per cent of the amount determined under division
(A)(2) of this section for fiscal year 2010, but not less than
zero, plus one-half of six-sevenths of the difference between the
total fixed-rate levy loss in tax year 2009 and the total
fixed-rate levy loss in tax year 2008.
(9) On or before May 31, 2010, fourteen per cent of
the
amount determined under division (A)(2) of this section for
fiscal
year 2010, but not less than zero, plus one-seventh of the
difference between the total fixed-rate levy loss in tax year 2010
and the total fixed-rate levy loss in tax year 2008.
(10) On or before August 31, 2010, and October 31, 2010,
forty-three per cent of the amount determined under
division
(A)(2) of this section for fiscal year 2011, but not less
than
zero, plus one-half of six-sevenths of the difference between
the
telephone property fixed-rate levy loss for tax year 2010 and
the
telephone property fixed-rate levy loss for tax year 2009.
(11) On or before May 31, 2011, fourteen per cent of
the
amount determined under division (A)(2) of this section for
fiscal
year 2011, but not less than zero, plus one-seventh of the
difference between the telephone property fixed-rate levy loss for
tax year 2011 and the telephone property fixed-rate levy loss for
tax year 2009.
(12) On or before August 31, 2011, and October 31, 2011, the
amount determined under division (A)(2) of this
section
multiplied by a fraction, the numerator of which is
fourteen and
the denominator of which is seventeen, but not less
than zero,
multiplied by forty-three per cent, plus
one-half of six-sevenths
of the difference between the telephone
property fixed-rate levy
loss for tax year 2011 and the telephone
property fixed-rate levy
loss for tax year 2010.
(13) On or before May 31, 2012, fourteen per cent of
the
amount determined under division (A)(2) of this section for
fiscal
year 2012, multiplied by a fraction, the numerator of
which is
fourteen and the denominator of which is seventeen, plus
one-seventh of the difference between the telephone property
fixed-rate levy loss for tax year 2011 and the telephone property
fixed-rate levy loss for tax year 2010.
(14) On or before August 31, 2012, October 31, 2012, and May
31, 2013, the amount determined under division (A)(2) of
this
section multiplied by a fraction, the numerator of which is
eleven
and the denominator of which is seventeen, but not less
than zero,
multiplied by one-third.
(15) On or before August 31, 2013, October 31, 2013, and May
31, 2014, the amount determined under division (A)(2) of
this
section multiplied by a fraction, the numerator of which is
nine
and the denominator of which is seventeen, but not less than
zero,
multiplied by one-third.
(16) On or before August 31, 2014, October 31, 2014, and May
31, 2015, the amount determined under division (A)(2) of
this
section multiplied by a fraction, the numerator of which is
seven
and the denominator of which is seventeen, but not less
than
zero,
multiplied by one-third.
(17) On or before August 31, 2015, October 31, 2015, and May
31, 2016, the amount determined under division (A)(2) of
this
section multiplied by a fraction, the numerator of which is
five
and the denominator of which is seventeen, but not less than
zero,
multiplied by one-third.
(18) On or before August 31, 2016, October 31, 2016, and May
31, 2017, the amount determined under division (A)(2) of
this
section multiplied by a fraction, the numerator of which is
three
and the denominator of which is seventeen, but not less
than
zero,
multiplied by one-third.
(19) On or before August 31, 2017, October 31, 2017, and May
31, 2018, the amount determined under division (A)(2) of
this
section multiplied by a fraction, the numerator of which is
one
and the denominator of which is seventeen, but not less than
zero,
multiplied by one-third.
The department of education shall report to each school
district and joint vocational school district the apportionment of
the payments among the school district's or joint vocational
school district's funds based on the certifications under division
(F) divisions (G) and (I) of section 5751.20 of the Revised Code.
Any qualifying levy that is a fixed-rate levy that is not
applicable to a tax year after 2010 does not qualify for any
reimbursement after the tax year to which it is last applicable.
(D) For taxes levied within the ten-mill limitation for
debt
purposes in tax year 2005, payments shall be made equal to
one
hundred per cent of the loss computed as if the tax were a
fixed-rate levy, but those payments shall extend from fiscal year
2006 through fiscal year 2018, as long as the qualifying levy
continues to be used for debt purposes. If the purpose of such a
qualifying levy is changed, that levy becomes subject to the
payments determined in division (C) of this section.
(E)(1) Not later than January 1, 2006, for each fixed-sum
levy of each school district or joint vocational school district
and for each year for which a determination is made under division
(F)(E) of section 5751.20 of the Revised Code that a fixed-sum
levy
loss is to be reimbursed, the tax commissioner shall certify
to
the department of education the fixed-sum levy loss determined
under that division. The certification shall cover a time period
sufficient to include all fixed-sum levies for which the
commissioner made such a determination. The department shall pay
from the school district property tax replacement fund to the
school district or joint vocational school district one-third of
the fixed-sum levy loss so certified for each year, plus one-third
of the amount certified under division (I) of section 5751.20 of
the Revised Code, on or before
the last day of May, August, and
October of the current year.
Payments under this division of the
amounts certified under
division (I) of section 5751.20 of the
Revised Code shall continue
through the earlier of calendar year
2017 or until the levy
adopted under section 5705.219 of the
Revised Code expires.
(2) Beginning in 2006, by the first day of January of each
year, the tax commissioner shall review the certification
originally made under division (E)(1) of this section. If the
commissioner determines that a debt levy that had been scheduled
to be reimbursed in the current year has expired, a revised
certification for that and all subsequent years shall be made to
the department of education.
(F) Beginning in September 2007 and through June 2018, the
director of budget and management shall transfer from the school
district tangible property tax replacement fund to the general
revenue fund each of the following:
(1) On the first day of September, one-fourth
of the amount
determined for that fiscal year under
division (A)(1) of this
section;
(2) On the first day of December, one-fourth of
the amount
determined for that fiscal year under
division (A)(1) of this
section;
(3) On the first day of March, one-fourth of
the amount
determined for that fiscal year under
division (A)(1) of this
section;
(4) On the first day of June, one-fourth of the
amount
determined for that fiscal year under division
(A)(1) of this
section.
If, when a transfer is required under division (F)(1),
(2),
(3), or (4) of this section, there is not sufficient money
in the
school district tangible property tax replacement fund to
make
the
transfer in the required amount, the director shall
transfer
the
balance in the fund to the general revenue fund and
may make
additional transfers on later dates as determined by the
director
in a total amount that does not exceed one-fourth of the
amount
determined for the fiscal year.
(G) For each of the fiscal years 2006 through 2018, if the
total amount in the school district tangible property tax
replacement fund is insufficient to make all payments under
divisions (C), (D), and (E) of this section at the times
the
payments are to be made, the director of budget and
management
shall transfer from the general revenue fund to the
school
district tangible property tax replacement fund the
difference
between the total amount to be paid and the amount in
the school
district tangible property tax replacement fund. For
each fiscal
year after 2018, at the time payments under division
(E) of this
section are to be made, the director of budget and
management
shall transfer from the general revenue fund to the
school
district property tax replacement fund the amount
necessary to
make such payments.
(H)(1) On the fifteenth day of June of 2006 through 2011,
the
director of budget and management may transfer any balance in
the
school district tangible property tax replacement fund to the
general revenue fund. At the end of fiscal years 2012 through
2018, any balance in the school district tangible property tax
replacement fund shall remain in the fund to be used in future
fiscal years for school purposes.
(2) In each fiscal year beginning with fiscal year 2019, all
amounts credited to the school district tangible personal property
tax replacement fund shall be appropriated for school purposes.
(I) If all of the territory of a school district or joint
vocational school district is merged with another district, or if
a part of the territory of a school district or joint vocational
school district is transferred to an existing or newly created
district, the department of education, in consultation with the
tax commissioner, shall adjust the payments made under this
section as follows:
(1) For a merger of two or more districts, the machinery and
equipment, inventory, furniture and fixtures, and telephone
property fixed-rate levy losses and the fixed-sum levy losses of
the successor district shall be equal to the sum of the machinery
and equipment, inventory, furniture and fixtures, and telephone
property fixed-rate levy losses and debt levy losses as determined
in section 5751.20 of the Revised Code, for each of the districts
involved in the merger.
(2) If property is transferred from one district to a
previously existing district, the amount of machinery and
equipment, inventory, furniture and fixtures, and telephone
property tax value losses and fixed-rate levy losses that shall be
transferred to the recipient district shall be an amount equal to
the total machinery and equipment, inventory, furniture and
fixtures, and telephone property fixed-rate levy losses times a
fraction, the numerator of which is the value of business tangible
personal property on the land being transferred in the most recent
year for which data are available, and the denominator of which is
the total value of business tangible personal property in the
district from which the land is being transferred in the most
recent year for which data are available. For each of the first
five years after the property is transferred, but not after fiscal
year 2012, if the tax rate in the recipient district is less than
the tax rate of the district from which the land was transferred,
one-half of the payments arising from the amount of fixed-rate
levy losses so transferred to the recipient district shall be paid
to the recipient district and one-half of the payments arising
from the fixed-rate levy losses so transferred shall be paid to
the district from which the land was transferred. Fixed-rate levy
losses so transferred shall be computed on the basis of the sum of
the rates of fixed-rate qualifying levies of the district from
which the land was transferred, notwithstanding division (E) of
this section.
(3) After December 31, 2004, if property is transferred from
one or more districts to a district that is newly created out of
the transferred property, the newly created district shall be
deemed not to have any machinery and equipment, inventory,
furniture and fixtures, or telephone property fixed-rate levy
losses and the districts from which the property was transferred
shall have no reduction in their machinery and equipment,
inventory, furniture and fixtures, and telephone property
fixed-rate levy losses.
(4) If the recipient district under division (I)(2) of
this
section or the newly created district under divisions
(I)(3) of
this section is assuming debt from one or more of
the districts
from which the property was transferred and any of
the districts
losing the property had fixed-sum levy losses, the
department of
education, in consultation with the tax
commissioner, shall make
an equitable division of the fixed-sum
levy loss reimbursements.
Sec. 5911.10. If any armory erected or purchased by the
state becomes vacant
because of the deactivation of the
organizations quartered in that armory, the
governor and the
adjutant general may lease that armory for periods not to
exceed
one year; or, when authorized by an act of the general assembly,
may
sell that armory or lease it for a period of years. The
The proceeds from the
sale
or lease of such an armory, or
from the sale or lease of other facilities and land owned by the
adjutant general, shall be credited to the armory improvements
fund,
which is hereby created in the state treasury. The moneys in
the fund shall be used to support Ohio army national guard
facility and maintenance expenses as the adjutant general directs.
Any fund expenditure related to the construction, acquisition,
lease, or financing of a capital asset is subject to approval by
the controlling board. Investment earnings of the fund shall be
credited to the general revenue fund.
Sec. 5911.11. There is hereby created in the state treasury
the community match armories fund. The fund shall consist of all
amounts received as revenue from contributions from local entities
for construction and maintenance of Ohio army national guard
readiness and community centers and facilities. The moneys in the
fund shall be used to support the acquisition and maintenance
costs of centers and facilities representing the local entity's
share of costs, including the local entity's share of utility
costs. Investment earnings of the fund shall be credited to the
fund.
Sec. 5913.09. (A) The adjutant general is the custodian of
all military and
other adjutant general's department property,
both real and personal,
belonging to the state.
(B) The adjutant general may make changes and improvements to
military and
other adjutant general's department property as the
needs of the state and
federal government and the exigencies of
the service require. All
improvements made upon that property
belonging to the state, from moneys
received either all or in part
from the state or federal government, or both,
become the property
of the state, except as may be provided
in an agreement and
corresponding regulations by which the United
States contributes
to the cost of an improvement.
(C)(1) In accordance with applicable state and federal law
and
regulations, the adjutant general, with the approval of the
governor, may
acquire by purchase lease, license, or otherwise,
real and personal property
necessary for the purposes of the
department.
(2) In accordance with applicable state and federal law and
regulations, the
adjutant general, with the approval of the
attorney general, may enter into
contracts for the construction,
repair, renovation, maintenance, and operation
of military or
other adjutant general's department property.
(3) In accordance with applicable state and federal law and
regulations,
the adjutant general, with the approval of the
governor, may lease or exchange
all or part of any military or
other adjutant general's department property or
grant easements or
licenses, if the lease, exchange, easement, or license is
advantageous to the state.
(4) All real property of the adjutant general's department
shall be sold
in accordance with section 5911.10 of the Revised
Code.
(D)(1) Except as otherwise provided in this section, all
income from any military or other adjutant general's
department
property of the state, not made a
portion of the company, troop,
battery, detachment, squadron, or
other organization funds by
regulations, shall be credited to the funds for
the operation and
maintenance of the Ohio organized
militia, as the adjutant general
directs, in accordance with applicable state and federal law and
regulations and the agreements by which the United States
contributes to the cost of operation and maintenance of the Ohio
national guard.
(2) There is hereby created in the state treasury the camp
Perry/buckeye inn operations fund. The fund shall consist of all
amounts received as revenue from the rental of facilities located
at the camp Perry training site in Ottawa county and the buckeye
inn at Rickenbacker air national guard base in Franklin county,
and all amounts received from the use of the camp Perry training
site and its facilities, including shooting ranges. The moneys in
the fund shall be used to support the facility operations of the
camp Perry clubhouse and the buckeye inn. Investment earnings of
the fund shall be credited to the general revenue fund.
Sec. 5919.20. There is hereby created in the state treasury
the national guard service medal fund. The fund shall consist of
all amounts received from the purchase of Ohio national guard
service medals for eligible national guard service members as
authorized by the general assembly. The moneys in the fund shall
be used to purchase additional medals. Investment earnings of the
fund shall be credited to the fund.
Sec. 5919.36. There is hereby created in the state treasury
the Ohio national guard facility maintenance fund. The fund shall
consist of all amounts received from revenue from leases of sites,
including towers and wells, and other revenue received from
reimbursements for services related to Ohio national guard
programs. The moneys in the fund shall be used for service,
maintenance, and repair expenses, and for equipment purchases for
programs and facilities of the adjutant general. Investment
earnings of the fund shall be credited to the general revenue
fund.
Sec. 6109.21. (A) Except as provided in divisions (D)
and
(E) of this section, on and after January 1, 1994, no person
shall
operate or maintain a public water system in this state
without a
license issued by the director of environmental
protection. A
person who operates or maintains a public water
system on January
1, 1994, shall obtain an initial license under
this section in
accordance with the following schedule:
(1) If the public water system is a community water
system,
not later than January 31, 1994;
(2) If the public water system is not a community water
system and serves a nontransient population, not later than
January 31, 1994;
(3) If the public water system is not a community water
system and serves a transient population, not later than January
31, 1995.
A person proposing to operate or maintain a new public
water
system after January 1, 1994, in addition to complying with
section 6109.07 of the Revised Code and rules adopted under it,
shall submit an application for an initial license under this
section to the director prior to commencing operation of the
system.
A license or license renewal issued under this section
shall
be renewed annually. Such a license or license renewal
shall
expire on the thirtieth day of January in the year
following its
issuance. A license holder that proposes to
continue operating
the
public water system for which the license
or license renewal
was
issued shall apply for a license renewal
at least thirty days
prior to that expiration date.
The director shall adopt, and may amend and rescind, rules
in
accordance with Chapter 119. of the Revised Code establishing
procedures governing and information to be included on
applications for licenses and license renewals under this
section.
Through June 30,
2010 2012, each application shall
be accompanied
by
the appropriate fee established under division
(M) of section
3745.11 of the Revised Code, provided that an
applicant for an
initial license who is proposing to operate or
maintain a new
public water system after January 1, 1994, shall
submit a fee that
equals a prorated amount of the appropriate fee
established under
that division for the remainder of the
licensing year.
(B) Not later than thirty days after receiving a completed
application and the appropriate license fee for an initial
license
under division (A) of this section, the director shall
issue the
license for the public water system. Not later than
thirty days
after receiving a completed application and the
appropriate
license fee for a license renewal under division (A)
of this
section, the director shall do one of the following:
(1) Issue the license renewal for the public water system;
(2) Issue the license renewal subject to terms and
conditions
that the director determines are necessary to ensure
compliance
with this chapter and rules adopted under it;
(3) Deny the license renewal if the director finds that the
public
water system was not operated in substantial compliance
with this
chapter and rules adopted under it.
(C) The director may suspend or revoke a license or
license
renewal issued under this section if the director finds that
the
public water system was not operated in substantial compliance
with this chapter and rules adopted under it. The director shall
adopt, and may amend and rescind, rules in accordance with
Chapter
119. of the Revised Code governing such suspensions and
revocations.
(D)(1) As used in division (D) of this section,
"church"
means a fellowship of believers, congregation, society,
corporation,
convention, or association that is formed primarily
or exclusively for
religious purposes and that is not formed or
operated for the private profit
of any person.
(2) This section does not apply to a church that operates or
maintains a
public water system solely to provide water for that
church or for a
campground that is owned by the church and
operated primarily or exclusively
for members of the church and
their families. A church that,
on or before March 5, 1996, has
obtained a license
under this section for such a public water
system need not obtain a license
renewal under this section.
(E) This section does not apply to any public or nonpublic
school that meets minimum standards of the state board of
education that
operates or maintains a public water system solely
to provide water for that
school.
(F) The environmental protection agency shall collect well
log filing fees on behalf of the division of water in the
department of natural resources in accordance with section 1521.05
of the Revised Code and rules adopted under it. The fees shall be
submitted to the division quarterly as provided in those rules.
Section 101.02. That existing sections 9.06, 107.21, 109.572,
118.05, 120.08,
120.52, 120.53, 121.04, 121.08, 121.083, 121.084,
121.40, 121.401,
121.402, 122.05, 122.051, 122.151, 122.17,
122.171, 122.40,
122.603, 123.01, 124.03, 124.04, 124.07, 124.11,
124.14, 124.15,
124.152, 124.18, 124.19, 124.23, 124.321,
124.324, 124.325,
124.34, 124.381, 124.392, 125.22, 126.05,
126.21, 126.24, 127.16,
131.33, 141.04, 145.012, 145.298, 149.43,
152.09, 152.10, 152.12, 152.15,
152.33, 173.08, 173.35,
173.392,
173.42, 173.50, 173.99, 174.02,
174.03, 174.06, 176.05,
307.626,
307.629, 319.301, 319.302,
319.54, 321.24, 323.156,
329.042,
329.06, 340.033, 718.04,
901.20, 901.43, 905.32, 905.33,
905.331, 905.36, 905.50, 905.51,
905.52, 905.56, 907.13, 907.14,
907.30, 907.31, 918.08, 918.28,
921.02, 921.06, 921.09, 921.11,
921.13, 921.16, 921.22, 921.27,
921.29, 923.44, 923.46, 926.99,
927.51, 927.52, 927.53, 927.56,
927.69, 927.70, 927.701, 927.71,
942.02, 943.01, 943.02, 943.04,
943.05, 943.06, 943.07, 943.13,
943.14, 953.23, 955.201, 1322.03,
1322.031, 1322.04, 1322.041,
1327.46, 1327.50, 1327.51, 1327.511,
1327.52, 1327.54, 1327.57,
1327.58, 1327.60, 1327.62, 1327.70,
1327.99, 1332.24, 1332.25,
1333.99, 1347.08, 1502.12, 1515.14,
1517.02, 1517.10, 1517.11,
1517.14, 1517.16, 1517.17, 1517.18,
1521.05, 1521.06, 1521.063,
1531.01, 1533.10, 1533.11, 1547.01,
1547.51, 1547.52, 1547.531,
1547.54, 1547.542, 1547.73, 1547.99,
1548.06, 1707.17, 1707.18,
1707.99, 1716.99, 1739.05, 1751.03,
1751.04, 1751.05, 1751.14,
1751.15, 1751.16, 1751.19, 1751.32,
1751.321, 1751.34, 1751.35,
1751.36, 1751.45, 1751.46, 1751.48,
1751.53, 1751.831, 1751.84,
1753.09, 2151.011, 2317.422, 2503.17, 2743.191,
2903.33, 2909.03,
2909.05,
2909.11, 2913.02, 2913.03, 2913.04,
2913.11, 2913.21,
2913.31,
2913.32, 2913.34, 2913.40, 2913.401,
2913.42, 2913.421,
2913.43,
2913.45, 2913.46, 2913.47, 2913.48,
2913.49, 2913.51,
2913.61,
2915.05, 2917.21, 2917.31, 2917.32,
2919.21, 2921.01,
2921.13,
2921.41, 2923.31, 2929.17, 2937.22,
2949.091, 2949.094,
2949.111,
2967.193, 2981.07, 2981.13,
3101.08, 3113.37, 3119.01,
3121.037, 3121.0311,
3121.19, 3121.20,
3121.898, 3123.952,
3125.25, 3301.07, 3301.073,
3301.079,
3301.0710, 3301.0711,
3301.0714, 3301.0716, 3301.0722,
3301.12,
3301.13, 3301.16,
3301.42, 3301.55, 3302.01, 3302.02,
3302.021,
3302.03, 3302.031,
3302.05, 3302.07, 3304.231, 3307.31,
3307.64,
3309.41, 3309.48,
3309.51, 3310.03, 3310.08, 3310.09,
3310.11,
3310.14, 3310.41,
3311.06, 3311.19, 3311.21, 3311.29,
3311.52,
3311.76, 3313.174,
3313.41, 3313.48, 3313.481, 3313.482,
3313.483, 3313.53,
3313.532, 3313.533, 3313.536, 3313.55, 3313.60,
3313.603,
3313.605, 3313.607, 3313.608, 3313.61, 3313.611,
3313.612,
3313.614, 3313.615, 3313.62, 3313.64, 3313.642,
3313.6410,
3313.65, 3313.673, 3313.68, 3313.713, 3313.976,
3313.98,
3313.981, 3314.012, 3314.014, 3314.015, 3314.016,
3314.02,
3314.021, 3314.024, 3314.03, 3314.051, 3314.08, 3314.083,
3314.084, 3314.087, 3314.091, 3314.10, 3314.19, 3314.21, 3314.25,
3314.26, 3314.35, 3314.36, 3315.17, 3315.37, 3316.041, 3316.06,
3316.20, 3317.01, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024,
3317.025, 3317.0210, 3317.0211, 3317.0216, 3317.03, 3317.031,
3317.04, 3317.05, 3317.051, 3317.053, 3317.061, 3317.08, 3317.081,
3317.082, 3317.12, 3317.16, 3317.18, 3317.20, 3317.201, 3318.011,
3318.051, 3318.061, 3318.08, 3318.38, 3319.073, 3319.08, 3319.081,
3319.088, 3319.11, 3319.151, 3319.16, 3319.17, 3319.172, 3319.22,
3319.221,
3319.233, 3319.234, 3319.235, 3319.24, 3319.25,
3319.26, 3319.261,
3319.28, 3319.291, 3319.303, 3319.36, 3319.41,
3319.51, 3319.56,
3319.57, 3319.60, 3319.61, 3319.63, 3321.01,
3321.05, 3323.05,
3323.091, 3323.14, 3323.142, 3324.05, 3325.01,
3325.011, 3325.02,
3325.03, 3325.04, 3325.07, 3325.08, 3325.10,
3325.11, 3325.12,
3325.15, 3325.16, 3326.11, 3326.14, 3326.21,
3326.23, 3326.31,
3326.32, 3326.33, 3326.34, 3326.36, 3326.37,
3326.38, 3326.51,
3327.02, 3327.04, 3327.05, 3329.16, 3333.04,
3333.122, 3333.123,
3333.28, 3333.35, 3333.38, 3333.83, 3334.01,
3334.02, 3334.03,
3334.04, 3334.06, 3334.07, 3334.08, 3334.09,
3334.10, 3334.11,
3334.12, 3334.16, 3334.17, 3334.18, 3334.19,
3334.20, 3334.21,
3345.011, 3345.12, 3345.32, 3349.242, 3365.01,
3365.04, 3365.041, 3365.07,
3365.08, 3365.09, 3365.10, 3701.024,
3701.045, 3701.07, 3701.344,
3701.71, 3701.72, 3701.78, 3702.51,
3702.52, 3702.524, 3702.525,
3702.53, 3702.532, 3702.54,
3702.544, 3702.55, 3702.57, 3702.59,
3702.60, 3702.61, 3702.87,
3702.89, 3702.90, 3702.91, 3702.92,
3702.93, 3702.94, 3703.01,
3703.03, 3703.04, 3703.05, 3703.06,
3703.07, 3703.08, 3703.10,
3703.21, 3703.99, 3704.14, 3705.24,
3706.04, 3709.09, 3710.01,
3710.04, 3710.05, 3710.051, 3710.06,
3710.07, 3710.08, 3710.12,
3710.13, 3712.03, 3713.01, 3713.02,
3713.03, 3713.04, 3713.05,
3713.06, 3713.07, 3713.08, 3713.09,
3713.10, 3714.07, 3714.073,
3717.07, 3717.23, 3717.25, 3717.43,
3717.45, 3718.06, 3721.01,
3721.02, 3721.071, 3721.23, 3721.51,
3721.56, 3722.01, 3722.011,
3722.02, 3722.021, 3722.04, 3722.041,
3722.05, 3722.06, 3722.08,
3722.09, 3722.10, 3722.13, 3722.14,
3722.15, 3722.16, 3722.17,
3722.18, 3722.99, 3727.02, 3727.04,
3727.05, 3729.07,
3733.04,
3733.25, 3733.43, 3734.28, 3734.281,
3734.57, 3734.82,
3734.901,
3734.9010, 3737.71, 3743.04, 3743.25,
3745.015, 3745.11,
3748.01, 3748.04, 3748.07, 3748.12, 3748.13,
3749.04, 3770.05,
3773.35, 3773.36, 3773.43, 3781.03, 3781.102,
3781.11, 3783.05,
3791.02, 3791.04, 3791.05, 3791.07, 3793.02,
3793.04, 3901.3812,
3923.021, 3923.022, 3923.122, 3923.24,
3923.38, 3923.57, 3923.58,
3923.581, 3923.66, 3923.67, 3923.68,
3923.75, 3923.76, 3923.77,
3924.01, 3924.06, 3924.09, 3924.10,
3929.43, 3929.67, 3953.23,
3953.231, 4104.01, 4104.02, 4104.06,
4104.07, 4104.08, 4104.09,
4104.10, 4104.101, 4104.12, 4104.15,
4104.16, 4104.17, 4104.18,
4104.19, 4104.21, 4104.33, 4104.42,
4104.43, 4104.44, 4104.48,
4105.01, 4105.02, 4105.03, 4105.04,
4105.05, 4105.06, 4105.09,
4105.11, 4105.12, 4105.13, 4105.15,
4105.16, 4105.17, 4105.191,
4105.20, 4105.21, 4112.01, 4112.04,
4112.051, 4117.01, 4117.02,
4117.07, 4117.12, 4117.14, 4117.15,
4117.24, 4121.125, 4141.08,
4141.11, 4141.162, 4169.02, 4169.03,
4169.04, 4171.04, 4301.43,
4303.331, 4501.24, 4503.068, 4503.10,
4503.235, 4505.06, 4507.45,
4509.101, 4510.14, 4510.22, 4510.45,
4511.19, 4511.191, 4511.193,
4511.81, 4519.04, 4519.09, 4519.55,
4705.09, 4705.10, 4713.63,
4713.64, 4731.10, 4731.26, 4731.38,
4733.10, 4735.01, 4735.03,
4735.05, 4735.051, 4735.052, 4735.06,
4735.07, 4735.09, 4735.10,
4735.12, 4735.13, 4735.14, 4735.141,
4735.15, 4735.16, 4735.17,
4735.18, 4735.181, 4735.182, 4735.19,
4735.21, 4735.211, 4735.32,
4735.55, 4735.58, 4735.71, 4735.72,
4735.74, 4735.99, 4740.03,
4740.11, 4740.14, 4755.06, 4755.12,
4757.10, 4757.31, 4757.36,
4763.01, 4763.03, 4763.04, 4763.05,
4763.07, 4763.09, 4763.11,
4763.13, 4763.14, 4763.17, 4766.09,
4767.05, 4767.07, 4767.08,
5101.11, 5101.16, 5101.162, 5101.33,
5101.34, 5101.47, 5101.54,
5101.541, 5101.544, 5101.573, 5101.60,
5101.61, 5101.83, 5101.84,
5104.051, 5107.05, 5107.16, 5107.17,
5107.58, 5111.01, 5111.015,
5111.032, 5111.033, 5111.034,
5111.06, 5111.162, 5111.176,
5111.23, 5111.231, 5111.232,
5111.235, 5111.24, 5111.241,
5111.251, 5111.261, 5111.65,
5111.651, 5111.688, 5111.705,
5111.85, 5111.851, 5111.874,
5111.875, 5112.30, 5112.31, 5112.37,
5112.371, 5115.03, 5119.16,
5119.61, 5120.032, 5120.033, 5120.09,
5123.0412, 5123.42,
5126.01, 5126.044, 5126.05, 5126.24, 5139.43,
5502.01, 5502.14,
5502.15, 5703.05, 5703.37, 5703.80, 5705.214,
5705.29, 5705.341,
5705.37, 5711.33, 5715.251, 5715.26, 5717.03,
5717.04, 5725.18,
5725.25, 5725.98, 5727.84, 5728.12, 5729.03,
5729.98, 5733.01,
5733.04, 5733.98, 5735.06, 5735.142, 5739.01,
5739.02, 5739.03,
5739.033, 5739.12, 5739.131, 5743.15, 5743.61,
5747.01, 5747.13,
5747.16, 5747.98, 5748.02, 5748.03, 5749.02,
5749.12, 5751.01, 5751.011,
5751.012, 5751.013,
5751.03,
5751.04, 5751.05, 5751.051, 5751.06,
5751.08, 5751.09,
5751.20,
5751.21, 5911.10, 5913.09, and 6109.21
of the Revised
Code are
hereby repealed.
That existing Section 269.60.60 of Am. Sub. H.B.
119 of the
127th General Assembly is hereby repealed.
That existing Section 6 of H.B. 364 of the 124th General
Assembly is hereby repealed.
Section 105.01. Sections 173.71, 173.72, 173.721, 173.722,
173.723, 173.724, 173.73, 173.731, 173.732, 173.74, 173.741,
173.742, 173.75, 173.751, 173.752, 173.753, 173.76, 173.77,
173.771, 173.772, 173.773, 173.78, 173.79, 173.791, 173.80,
173.801, 173.802, 173.803, 173.81, 173.811, 173.812, 173.813,
173.814, 173.815, 173.82, 173.83, 173.831, 173.832, 173.833,
173.84, 173.85, 173.86, 173.861, 173.87, 173.871, 173.872,
173.873, 173.874, 173.875, 173.876, 173.88, 173.89, 173.891,
173.892, 173.90, 173.91, 905.38, 905.381, 905.66, 907.16, 927.74,
1517.15, 1711.58, 3301.0712, 3301.0718, 3301.43, 3302.032,
3314.026, 3314.085, 3314.13, 3317.10, 3319.0810, 3319.222,
3319.23, 3319.302, 3319.304, 3333.27, 3701.73, 3701.77, 3701.771,
3701.772, 3702.511, 3702.523, 3702.527, 3702.528, 3702.529,
3702.542, 3704.143, 3724.01, 3724.02, 3724.021, 3724.03, 3724.04,
3724.05, 3724.06, 3724.07, 3724.08, 3724.09, 3724.10, 3724.11,
3724.12, 3724.13, 3724.99, 4735.22, 4735.23, 5101.072, 5111.083,
5145.32, and 5923.141 of the Revised Code are hereby repealed.
Section 110.10. That the version of section 2949.111 of the
Revised Code that is scheduled to take effect January 1, 2010, be
amended to read as follows:
Sec. 2949.111. (A) As used in this section:
(1) "Court costs" means any
assessment
that the court
requires
an
offender to pay
to defray the costs of
operating the
court.
(2)
"State fines or costs" means any costs imposed or
forfeited bail
collected by the court under section 2743.70 of the
Revised Code for deposit into the
reparations fund or under
section 2949.091 of the Revised Code for deposit into the
general
revenue indigent defense support fund established under section
120.08 of the Revised Code and all fines, penalties, and forfeited
bail
collected by the
court and paid to a law library association
under
section 307.515 of the Revised Code.
(3) "Reimbursement" means any reimbursement for the costs of
confinement
that the court orders an offender to pay pursuant to
section
2929.28 of the Revised Code,
any supervision fee, any fee
for the
costs of
house arrest
with
electronic monitoring that an
offender agrees to
pay, any
reimbursement for the
costs of an
investigation or prosecution
that the court orders an
offender to
pay pursuant to section
2929.71 of the Revised
Code, or any other
costs that the court
orders an offender to pay.
(4) "Supervision fees" means any fees that a court,
pursuant
to
sections 2929.18, 2929.28, and 2951.021 of the
Revised Code,
requires
an offender who is under a
community control sanction
to
pay for
supervision services.
(5) "Community control sanction" has the same meaning as
in
section 2929.01 of the Revised Code.
(B) Unless the court, in accordance with division (C) of
this
section, enters in the record of the case a different method
of
assigning
payments, if a person who
is
charged with a misdemeanor
is convicted of or pleads guilty
to
the
offense, if the court
orders the offender to pay any
combination
of
court costs,
state
fines or costs, restitution, a
conventional fine, or
any
reimbursement, and
if
the
offender makes any payment
of any of
them to a clerk of court,
the clerk
shall assign the
offender's
payment
in the following manner:
(1) If the court ordered the offender to pay any
court
costs,
the
offender's payment shall be assigned toward the
satisfaction
of
those court costs until
they
have been entirely paid.
(2)
If the court ordered the offender to pay any state fines
or costs and
if all of the court costs that the court ordered the
offender to pay have been
paid, the remainder of the offender's
payment shall be assigned on a pro rata
basis toward the
satisfaction of the state fines or costs until they have been
entirely paid.
(3) If the court ordered the offender to pay any
restitution
and if all of the
court costs
and state fines or costs that the
court ordered the
offender to
pay have been paid, the
remainder of
the
offender's
payment
shall be assigned toward the
satisfaction
of the
restitution until
it has been
entirely paid.
(4) If the court ordered the offender to pay any
fine and
if
all of the
court costs, state fines or
costs, and restitution
that
the court ordered the
offender to pay have been
paid, the
remainder of the
offender's payment
shall be assigned toward the
satisfaction of the fine
until
it has been entirely paid.
(5) If the court ordered the offender to pay any
reimbursement and if all of the
court costs,
state fines or costs,
restitution, and
fines
that the
court
ordered the offender to pay
have been
paid, the
remainder
of the offender's payment
shall be
assigned
toward the satisfaction of the
reimbursements
until
they
have been entirely paid.
(C) If a person who is charged with a misdemeanor is
convicted of or pleads guilty to the offense and if the court
orders the offender to pay any combination of
court costs,
state
fines or costs, restitution,
fines, or
reimbursements, the court,
at the time it orders
the
offender to
make those payments, may
prescribe
an
order of
payments
that
differs
from the
order set
forth in division (B) of
this section
by entering in
the record of
the
case the
order so
prescribed.
If a different
order is entered
in the record,
on receipt
of any payment,
the
clerk of the
court
shall assign the payment
in the manner
prescribed by the court.
Section 110.11. That the existing version of section 2949.111
of the Revised Code that is scheduled to take effect January 1,
2010, is hereby repealed.
Section 110.12. Sections 110.10 and 110.11 of this act take
effect January 1, 2010.
Section 110.20. That the version of section 5739.033 of the
Revised Code that is scheduled to take effect January 1, 2010, be
amended to read as follows:
Sec. 5739.033. (A)
The amount of tax due pursuant to
sections
5739.02, 5739.021,
5739.023, and 5739.026 of the Revised
Code is
the sum of the taxes
imposed pursuant to those sections
at the
sourcing location of the
sale as determined under this
section or, if
applicable, under
division (C) of section 5739.031
or section 5739.034 of the
Revised Code. This section applies
only to
a vendor's or seller's obligation to collect and remit
sales taxes
under section 5739.02, 5739.021, 5739.023, or
5739.026 of the
Revised Code or use taxes under section 5741.02,
5741.021,
5741.022, or 5741.023 of the Revised Code. Division (A)
of this
section does not apply in determining the jurisdiction
for which
sellers are required to collect the use tax under
section 5741.05
of the Revised Code. This section does not affect
the obligation
of a consumer to remit use taxes on the storage,
use, or other
consumption of tangible personal property or on the
benefit
realized of any service provided, to the jurisdiction of
that
storage, use, or consumption, or benefit realized.
(B)(1)
Beginning January 1, 2010,
retail sales,
excluding
the lease or rental, of tangible personal
property or
digital
goods shall be sourced to the location where
the vendor
receives
an order for the sale of such property or goods if:
(a) The vendor receives the order in this state and
the
consumer receives the property or goods in this state;
(b) The location where the consumer receives the property or
goods is determined under division (C)(2), (3), or (4) of this
section; and
(c) The record-keeping system used by the vendor to calculate
the tax imposed captures the location where the order is received
at the time the order is received.
(2) A consumer has no additional liability to this state
under this chapter or Chapter 5741. of the Revised Code for
tax,
penalty, or interest on a sale for which the consumer remits
tax
to the vendor in the amount invoiced by the vendor if the
invoice
amount is calculated at either the rate applicable to the
location where the consumer receives the property or digital good
or at the rate applicable to the location where the order is
received by the vendor. A consumer may rely on a written
representation by the vendor as to the location where the order
for the sale was received by the vendor. If the consumer does not
have a written representation by the vendor as to the location
where the order was received by the vendor, the consumer may use a
location indicated by a business address for the vendor that is
available from records that are maintained in the ordinary course
of the consumer's business to determine the rate applicable to the
location where the order was received.
(3) For the purposes of division (B) of this section, the
location where an order is received by or on behalf of a vendor
means the physical location of the vendor or a third party such as
an established outlet, office location, or automated order receipt
system operated by or on behalf of the vendor, where an order is
initially received by or on behalf of the vendor, and not where
the order may be subsequently accepted, completed, or fulfilled.
An order is received when all necessary information to determine
whether the order can be accepted has been received by or on
behalf of the vendor. The location from which the property or
digital good is shipped
shall not be used to determine the
location where the order is
received by the vendor.
(4) For the purposes of division (B) of this section, if
services subject to taxation under this chapter or Chapter 5741.
of the Revised Code are sold with tangible personal property or
digital goods pursuant to a single contract or in the same
transaction, the services are billed on the same billing statement
or invoice, and, because of the application of division (B) of
this section, the
transaction would be sourced to more than one
jurisdiction, the
situs of the transaction shall be the location
where the order is
received by or on behalf of the vendor.
(C) Except
for sales, other than leases, of titled motor
vehicles, titled
watercraft, or titled outboard motors as provided
in section
5741.05 of the Revised Code, or as otherwise provided
in
this
section
and section
5739.034 of the
Revised Code,
all
sales
shall be sourced as follows:
(1) If the consumer or a
donee designated by the consumer
receives
tangible personal property
or a service at a vendor's
place of business, the sale
shall be sourced to that place of
business.
(2)
When the tangible personal property or
service is not
received at a vendor's place of business, the sale
shall be
sourced to
the location known to the vendor where
the consumer or
the donee designated by the consumer receives the
tangible
personal
property or service, including the location
indicated by
instructions for delivery to the consumer or the
consumer's donee.
(3) If divisions (C)(1) and (2) of this section do not
apply,
the sale shall be sourced to
the location indicated by an address
for the
consumer that is
available from the vendor's business
records
that are
maintained in the ordinary course of the
vendor's
business, when
use of that address does not constitute
bad faith.
(4) If divisions (C)(1), (2), and (3) of this section do
not
apply, the sale shall be sourced to
the location indicated by an
address for the
consumer obtained
during the consummation of the
sale, including
the address
associated with the consumer's payment
instrument, if
no other
address is available, when use of that
address does not
constitute
bad faith.
(5) If divisions (C)(1), (2), (3), and (4) of this section
do
not apply, including in the circumstance where the vendor is
without sufficient information to apply any of those divisions,
the sale shall be sourced to
the
address from which tangible
personal property was shipped,
or from
which the service was
provided, disregarding any
location
that
merely provided the
electronic transfer of the
property sold
or
service provided.
(6) As used in division (C) of this section, "receive"
means
taking possession of tangible personal property or making
first
use of a service. "Receive" does not include possession by
a
shipping company on behalf of a consumer.
(D)(1)(a) Notwithstanding divisions (C)(1) to (5) of this
section, a business consumer that is not a holder of
a direct
payment permit granted under section 5739.031 of the
Revised Code,
that purchases a digital good, computer software, except computer
software received in person by a business consumer at a vendor's
place of business, or a
service, and that knows at the time of
purchase that such digital good, software, or service will be
concurrently
available for use in more than one taxing
jurisdiction shall
deliver to the vendor in conjunction with its
purchase an exemption certificate claiming multiple
points of use,
or shall meet the requirements of division (D)(2) of this section.
On receipt of the exemption certificate claiming multiple points
of use, the vendor is relieved of its obligation to
collect, pay,
or remit the tax due, and the business consumer must
pay the tax
directly to the state.
(b) A business consumer that delivers the exemption
certificate claiming multiple points of use to a vendor may use
any reasonable, consistent, and uniform method of apportioning the
tax due on the digital good, computer software, or service that is
supported by the consumer's business records as they existed at
the
time of the sale. The business consumer shall report and pay
the appropriate tax to each jurisdiction where concurrent use
occurs. The tax due shall be calculated as if the apportioned
amount of the digital good, computer software, or service had been
delivered to each jurisdiction to which the sale is apportioned
under this division.
(c) The exemption certificate claiming multiple points of use
shall remain
in effect for all future sales by the vendor to the
business consumer until
it is revoked in writing by the business
consumer, except as to the business
consumer's specific
apportionment of a subsequent sale under
division (D)(1)(b) of
this section and the facts existing at the time of
the sale.
(2) When the vendor knows that a digital good, computer
software, or service sold will be concurrently available for use
by the business consumer in more than one jurisdiction, but the
business consumer does not provide an exemption certificate
claiming multiple points of use as required by division (D)(1) of
this section, the vendor may work with the business consumer to
produce the correct apportionment. Governed by the principles of
division (D)(1)(b) of this section, the vendor and business
consumer may use any reasonable, but consistent and uniform,
method of apportionment that is supported by the vendor's and
business consumer's books and records as they exist at the time
the sale is reported for purposes of the taxes levied under this
chapter. If the business consumer certifies to the accuracy of the
apportionment and the vendor accepts the certification, the vendor
shall collect and remit the tax accordingly. In the absence of bad
faith, the vendor is relieved of any further obligation to collect
tax on any transaction where the vendor has collected tax pursuant
to the information certified by the business consumer.
(3) When the vendor knows that the digital good, computer
software, or service will be concurrently available for use in
more than one jurisdiction, and the business consumer does not
have a direct pay permit and does not provide to the vendor an
exemption certificate claiming multiple points of use as required
in division (D)(1) of this section, or certification pursuant to
division (D)(2) of this section, the vendor shall collect and
remit the tax based on division (C) of this section.
(4) Nothing in this section shall limit a person's obligation
for sales or use tax to any state in which a digital good,
computer software, or service is concurrently available for use,
nor limit a person's ability under local, state, or federal law,
to claim a credit for sales or use taxes legally due and paid to
other jurisdictions.
(E) A person who holds a direct payment permit issued under
section 5739.031 of the Revised Code is not required to deliver an
exemption certificate claiming
multiple points of use to a vendor.
But such
permit holder shall comply with division (D)(2) of this
section in
apportioning the tax due on a digital good, computer
software, or a
service for use in business that will be
concurrently available for use in more than
one taxing
jurisdiction.
(F)(1) Notwithstanding divisions (C)(1) to (5) of this
section, the consumer of direct mail that is not a holder of a
direct payment permit shall provide to the vendor in conjunction
with the sale either an exemption certificate claiming direct mail
prescribed by the tax commissioner, or information to show the
jurisdictions to which the direct mail is delivered to recipients.
(2) Upon receipt of such exemption certificate, the vendor is
relieved of all obligations to collect, pay, or remit the
applicable tax and the consumer is obligated to pay that tax on a
direct pay basis. An exemption certificate claiming direct mail
shall remain in effect for all future sales of direct mail by the
vendor to the consumer until it is revoked in writing.
(3) Upon receipt of information from the consumer showing the
jurisdictions to which the direct mail is delivered to recipients,
the vendor shall collect the tax according to the delivery
information provided by the consumer. In the absence of bad faith,
the vendor is relieved of any further obligation to collect tax on
any transaction where the vendor has collected tax pursuant to the
delivery information provided by the consumer.
(4) If the consumer of direct mail does not have a direct
payment permit and does not provide the vendor with either an
exemption certificate claiming direct mail or delivery information
as required by division (F)(1) of this section, the vendor shall
collect the tax according to division (C)(5) of this section.
Nothing in division (F)(4) of this section shall limit a
consumer's obligation to pay sales or use tax to any state to
which the direct mail is delivered.
(5) If a consumer of direct mail provides the vendor with
documentation of direct payment authority, the consumer shall not
be required to provide an exemption certificate claiming direct
mail or delivery information to the vendor.
(G) If the vendor provides lodging to transient guests as
specified in division (B)(2) of section 5739.01 of the Revised
Code, the sale shall be sourced to
the
location where the lodging
is
located.
(H)(1) As used in this division and division (I) of this
section, "transportation equipment" means any of the following:
(a) Locomotives and railcars that are utilized for the
carriage of persons or property in interstate commerce.
(b) Trucks and truck-tractors with a gross vehicle weight
rating of greater than ten thousand pounds, trailers,
semi-trailers, or passenger buses that are registered through the
international registration plan and are operated under authority
of a carrier authorized and certificated by the United States
department of transportation or another federal authority to
engage in the carriage of persons or property in interstate
commerce.
(c) Aircraft that are operated by air carriers authorized and
certificated by the United States department of transportation or
another federal authority to engage in the carriage of persons or
property in interstate or foreign commerce.
(d) Containers designed for use on and component parts
attached to or secured on the items set forth in division
(H)(1)(a), (b), or (c) of this section.
(2) A sale, lease, or rental of transportation equipment
shall be sourced pursuant to division (C) of this section.
(I)(1) A lease or rental of tangible personal property that
does not require recurring periodic payments shall be sourced
pursuant to division (C) of this section.
(2) A lease or rental of tangible personal property that
requires recurring periodic payments shall be sourced as follows:
(a) In the case of a motor vehicle, other than a motor
vehicle that is transportation equipment, or an aircraft, other
than an aircraft that is transportation equipment, such lease or
rental shall be sourced as follows:
(i) An accelerated tax payment on a lease or rental taxed
pursuant to division (A)(2) of section 5739.02 of the Revised Code
shall be sourced to the primary property location at the time the
lease or rental is consummated. Any subsequent taxable charges on
the lease or rental shall be sourced to the primary property
location for the period in which the charges are incurred.
(ii) For a lease or rental taxed pursuant to division (A)(3)
of section 5739.02 of the Revised Code, each lease or rental
installment shall be sourced to the primary property location for
the period covered by the installment.
(b) In the case of a lease or rental of all other tangible
personal property, other than transportation equipment, such lease
or rental shall be sourced as follows:
(i) An accelerated tax payment on a lease or rental that is
taxed pursuant to division (A)(2) of section 5739.02 of the
Revised Code shall be sourced pursuant to division (C) of this
section at the time the lease or rental is consummated. Any
subsequent taxable charges on the lease or rental shall be sourced
to the primary property location for the period in which the
charges are incurred.
(ii) For a lease or rental that is taxed pursuant to division
(A)(3) of section 5739.02 of the Revised Code, the initial lease
or rental installment shall be sourced pursuant to division (C) of
this section. Each subsequent installment shall be sourced to the
primary property location for the period covered by the
installment.
(3) As used in division (I) of this section, "primary
property location" means an address for tangible personal property
provided by the lessee or renter that is available to the lessor
or owner from its records maintained in the ordinary course of
business, when use of that address does not constitute bad faith.
(J) If the vendor provides a service specified in division
(B)(11) of section 5739.01 of the Revised Code, the situs of the
sale is the location of the enrollee for whom a medicaid health
insurance corporation receives managed care premiums. Such sales
shall be sourced to the locations of the enrollees in the same
proportion as the managed care premiums received by the medicaid
health insuring corporation on behalf of enrollees located in a
particular
taxing jurisdiction in Ohio as compared to all managed
care
premiums received by the medicaid health insuring
corporation.
Section 110.21. That the existing version of section 5739.033
of
the Revised Code that is scheduled to take effect January 1,
2010,
is hereby repealed.
Section 110.22. Sections 110.20 and 110.21 of this act take
effect January 1, 2010.
Section 125.10. Sections 5112.40, 5112.41, 5112.42, 5112.43,
5112.44, 5112.45, 5112.46, 5112.47, and 5112.48 of the Revised
Code are hereby repealed, effective October 1, 2011.
Section 201.01. Except as otherwise provided in this act,
all appropriation items in this act are appropriated out of any
moneys in the state treasury to the credit of the designated fund
that are not otherwise appropriated. For all appropriations made
in this act, the amounts in the first column are for fiscal year
2010 and the amounts in the second column are for fiscal year
2011.
Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO
General Services Fund Group
| 4J80 |
889601 |
|
CPA Education Assistance |
|
$ |
325,000 |
|
$ |
325,000 |
| 4K90 |
889609 |
|
Operating Expenses |
|
$ |
1,117,000 |
|
$ |
1,117,000 |
| TOTAL GSF General Services Fund |
|
|
|
|
|
|
| Group |
|
$ |
1,442,000 |
|
$ |
1,442,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,442,000 |
|
$ |
1,442,000 |
Section 205.10. ADJ ADJUTANT GENERAL
| GRF |
745401 |
|
Ohio Military Reserve |
|
$ |
13,675 |
|
$ |
13,675 |
| GRF |
745404 |
|
Air National Guard |
|
$ |
2,010,606 |
|
$ |
2,010,606 |
| GRF |
745407 |
|
National Guard Benefits |
|
$ |
500,000 |
|
$ |
500,000 |
| GRF |
745409 |
|
Central Administration |
|
$ |
3,105,784 |
|
$ |
3,105,784 |
| GRF |
745499 |
|
Army National Guard |
|
$ |
6,008,551 |
|
$ |
6,008,551 |
| TOTAL GRF General Revenue Fund |
|
$ |
11,638,616 |
|
$ |
11,638,616 |
General Services Fund Group
| 5340 |
745612 |
|
Property Operations/Management |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
| 5360 |
745605 |
|
Marksmanship Activities |
|
$ |
128,600 |
|
$ |
128,600 |
| 5360 |
745620 |
|
Camp Perry/Buckeye Inn Operations |
|
$ |
1,502,970 |
|
$ |
1,502,970 |
| 5370 |
745604 |
|
Ohio National Guard Facility Maintenance |
|
$ |
269,826 |
|
$ |
269,826 |
| TOTAL GSF General Services Fund Group |
|
$ |
2,901,396 |
|
$ |
2,901,396 |
Federal Special Revenue Fund Group
| 3410 |
745615 |
|
Air National Guard Base Security |
|
$ |
2,777,692 |
|
$ |
2,777,692 |
| 3420 |
745616 |
|
Army National Guard Agreement |
|
$ |
10,970,050 |
|
$ |
10,970,050 |
| 3E80 |
745628 |
|
Air National Guard Agreement |
|
$ |
16,048,595 |
|
$ |
16,048,595 |
| 3R80 |
745603 |
|
Counter Drug Operations |
|
$ |
25,000 |
|
$ |
25,000 |
| TOTAL FED Federal Special Revenue Fund Group |
|
$ |
29,821,337 |
|
$ |
29,821,337 |
State Special Revenue Fund Group
| 5U80 |
745613 |
|
Community Match Armories |
|
$ |
320,000 |
|
$ |
345,600 |
| TOTAL SSR State Special Revenue Fund Group |
|
$ |
320,000 |
|
$ |
345,600 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
44,681,349 |
|
$ |
44,706,949 |
The foregoing appropriation item 745407, National Guard
Benefits, shall be used for purposes of sections 5919.31 and
5919.33 of the Revised Code, and for administrative costs of the
associated programs.
For active duty members of the Ohio National Guard who died
after October 7, 2001, while performing active duty, the death
benefit, pursuant to section 5919.33 of the Revised Code, shall be
paid to the beneficiary or beneficiaries designated on the
member's Servicemembers' Group Life Insurance Policy.
Of the foregoing appropriation item 745409, Central
Administration, $50,000 in each fiscal year shall be used for the
purpose of paying expenses related to state active duty of members
of the Ohio organized militia, in accordance with a proclamation
of the Governor. Expenses include, but are not limited to, the
cost of equipment, supplies, and services, as determined by the
Adjutant General's Department.
Section 205.20. FUND ABOLITION
On July 1, 2009, or as soon as possible
thereafter, the
Director of Budget and Management, upon request by
the Adjutant
General, shall transfer the cash balance in the
Marksmanship
Activities Fund (Fund 5280) to the Camp Perry/Buckeye
Inn
Operations Fund (Fund 5360). The Director shall cancel any
existing encumbrances against appropriation item 745645,
Marksmanship Activities, and re-establish them against
appropriation item 745620, Camp Perry/Buckeye Inn Operations. The
re-established encumbrance amounts are hereby appropriated. Upon
completion of the transfer, Fund 5280 is abolished.
Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES
| GRF |
100405 |
|
Agency Audit Expenses |
|
$ |
312,075 |
|
$ |
312,075 |
| GRF |
100415 |
|
OAKS Rental Payments |
|
$ |
18,607,000 |
|
$ |
21,728,000 |
| GRF |
100416 |
|
STARS Lease Rental Payments |
|
$ |
4,977,600 |
|
$ |
7,638,500 |
| GRF |
100418 |
|
Web Sites and Business Gateway |
|
$ |
2,943,074 |
|
$ |
2,943,076 |
| GRF |
100419 |
|
IT Security Infrastructure |
|
$ |
1,211,250 |
|
$ |
1,211,250 |
| GRF |
100421 |
|
OAKS Project Implementation |
|
$ |
202,500 |
|
$ |
202,500 |
| GRF |
100433 |
|
State of Ohio Computer Center |
|
$ |
6,736,752 |
|
$ |
6,736,752 |
| GRF |
100439 |
|
Equal Opportunity Certification Programs |
|
$ |
712,724 |
|
$ |
712,724 |
| GRF |
100447 |
|
OBA - Building Rent Payments |
|
$ |
102,635,400 |
|
$ |
97,712,600 |
| GRF |
100448 |
|
OBA - Building Operating Payments |
|
$ |
25,603,000 |
|
$ |
25,603,000 |
| GRF |
100449 |
|
DAS - Building Operating Payments |
|
$ |
3,271,384 |
|
$ |
3,271,384 |
| GRF |
100451 |
|
Minority Affairs |
|
$ |
50,016 |
|
$ |
50,016 |
| GRF |
100734 |
|
Major Maintenance - State Buildings |
|
$ |
37,800 |
|
$ |
37,800 |
| GRF |
102321 |
|
Construction Compliance |
|
$ |
1,108,744 |
|
$ |
1,108,744 |
| GRF |
130321 |
|
State Agency Support Services |
|
$ |
4,039,578 |
|
$ |
4,039,578 |
| TOTAL GRF General Revenue Fund |
|
$ |
172,448,897 |
|
$ |
173,307,999 |
General Services Fund Group
| 1120 |
100616 |
|
DAS Administration |
|
$ |
5,299,427 |
|
$ |
5,299,427 |
| 1150 |
100632 |
|
Central Service Agency |
|
$ |
928,403 |
|
$ |
928,403 |
| 1170 |
100644 |
|
General Services Division - Operating |
|
$ |
14,384,751 |
|
$ |
14,574,622 |
| 1220 |
100637 |
|
Fleet Management |
|
$ |
2,032,968 |
|
$ |
2,032,968 |
| 1250 |
100622 |
|
Human Resources Division - Operating |
|
$ |
27,162,320 |
|
$ |
27,998,410 |
| 1280 |
100620 |
|
Collective Bargaining |
|
$ |
3,662,534 |
|
$ |
3,662,534 |
| 1300 |
100606 |
|
Risk Management Reserve |
|
$ |
5,568,548 |
|
$ |
5,568,548 |
| 1310 |
100639 |
|
State Architect's Office |
|
$ |
8,292,759 |
|
$ |
8,331,498 |
| 1320 |
100631 |
|
DAS Building Management |
|
$ |
10,166,228 |
|
$ |
10,166,228 |
| 1330 |
100607 |
|
IT Services Delivery |
|
$ |
78,582,948 |
|
$ |
77,067,948 |
| 1880 |
100649 |
|
Equal Opportunity Division - Operating |
|
$ |
884,650 |
|
$ |
884,650 |
| 2100 |
100612 |
|
State Printing |
|
$ |
17,224,494 |
|
$ |
17,263,080 |
| 2290 |
100630 |
|
IT Governance |
|
$ |
15,431,411 |
|
$ |
15,743,306 |
| 2290 |
100640 |
|
Leveraged Enterprise Purchases |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
| 4270 |
100602 |
|
Investment Recovery |
|
$ |
5,683,564 |
|
$ |
5,683,564 |
| 4N60 |
100617 |
|
Major IT Purchases |
|
$ |
8,460,134 |
|
$ |
1,950,000 |
| 4P30 |
100603 |
|
DAS Information Services |
|
$ |
4,958,218 |
|
$ |
4,958,218 |
| 5C20 |
100605 |
|
MARCS Administration |
|
$ |
15,852,314 |
|
$ |
16,363,179 |
| 5C30 |
100608 |
|
Skilled Trades |
|
$ |
934,982 |
|
$ |
934,982 |
| 5DQ0 |
100638 |
|
Administrative Hearings |
|
$ |
200,000 |
|
$ |
200,000 |
| 5EB0 |
100635 |
|
OAKS Support Organization |
|
$ |
15,984,761 |
|
$ |
18,009,192 |
| 5L70 |
100610 |
|
Professional Development |
|
$ |
3,900,000 |
|
$ |
3,900,000 |
| 5V60 |
100619 |
|
Employee Educational Development |
|
$ |
936,129 |
|
$ |
936,129 |
| 5X30 |
100634 |
|
Centralized Gateway Enhancement |
|
$ |
3,676,956 |
|
$ |
2,052,308 |
| TOTAL GSF General Services Fund |
|
|
|
|
|
|
| Group |
|
$ |
260,208,499 |
|
$ |
254,509,194 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
432,657,396 |
|
$ |
427,817,193 |
Section 207.10.10. AGENCY AUDIT EXPENSES
The foregoing appropriation item 100405, Agency Audit
Expenses, shall be used for
auditing expenses
designated in
division (A)(1) of section 117.13
of the Revised
Code for those
state agencies audited on a
biennial basis.
Section 207.10.20. OAKS RENTAL PAYMENTS
The foregoing appropriation item 100415, OAKS Rental
Payments, shall be used for payments for the period from July 1,
2009, through June 30, 2011, pursuant to leases and agreements
entered into under Chapter 125. of the Revised Code, as
supplemented by Section 503.10 of Am. Sub. H.B. 496 and Section
281.10 of Am. Sub. H.B. 562 of the 127th
General Assembly with
respect to financing the costs associated
with the acquisition,
development, installation, and
implementation of the Ohio
Administrative Knowledge System. If it
is determined that
additional appropriations are necessary for
this purpose, the
amounts are hereby appropriated.
Section 207.10.30. STATE TAXATION ACCOUNTING AND REVENUE
SYSTEM
The Office of Information Technology, in
conjunction with
the Department of Taxation, may acquire the State
Taxation
Accounting and Revenue System (STARS) pursuant to Chapter
125. of
the Revised Code, including, but not limited to, the
application
software and installation and implementation thereof,
for the use
of the Department of Taxation. STARS is an integrated
tax
collection and audit system that will replace all of the
state's
existing separate tax software and administration systems
for the
various taxes collected by the state. Any lease-purchase
arrangement used under Chapter 125. of the Revised Code to acquire
STARS, including any fractionalized interests therein as defined
in division (N) of section 133.01 of the Revised Code, shall
provide that at the end of the lease period, STARS becomes the
property of the state.
Section 207.10.40. STARS LEASE RENTAL PAYMENTS
The foregoing appropriation item 100416, STARS Lease Rental
Payments, shall be used for payments for the period from July 1,
2009, through June 30, 2011, pursuant to leases and agreements
entered into under Chapter 125. of the Revised Code, as
supplemented by Section 757.10 of Am. Sub. H.B. 119 of the 127th
General Assembly, with respect to financing the cost associated
with the acquisition, development,
installation, and
implementation of the State Taxation Accounting
and Revenue
System (STARS). If it is determined that additional appropriations
are necessary for this purpose, the amounts are appropriated.
Section 207.10.50. BUILDING RENT PAYMENTS
The foregoing appropriation item 100447, OBA - Building Rent
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2009, to June
30, 2011, by the Department of Administrative Services to the Ohio
Building Authority pursuant to leases and agreements under Chapter
152. of the Revised Code. These appropriations are the source of
funds pledged for bond service charges on obligations issued
pursuant to Chapter 152. of the Revised Code.
The foregoing appropriation item 100448, OBA -
Building
Operating Payments, shall be used to meet all payments at
the
times that they are required to be made during the period from
July 1, 2009, to June 30, 2011, by the Department of
Administrative Services to the Ohio Building Authority pursuant to
leases and agreements under Chapter 152. of the Revised Code, but
limited to the aggregate amount of $51,206,000.
The payments to the Ohio Building Authority are for paying
the expenses of agencies that occupy space in various state
facilities. The Department of Administrative
Services may enter
into leases and agreements with the Ohio
Building Authority
providing for the payment of these expenses.
The Ohio Building
Authority shall report to the Department of
Administrative
Services and the Office of Budget and Management
not later than
five months after the start of each fiscal year the
actual
expenses incurred by the Ohio Building Authority in
operating the
facilities and any balances remaining from payments
and rentals
received in the prior fiscal year. The Department of
Administrative Services shall reduce subsequent payments by the
amount of the balance reported to it by the Ohio Building
Authority.
Section 207.10.60. DAS - BUILDING OPERATING PAYMENTS
The foregoing appropriation item 100449, DAS - Building
Operating Payments,
shall be used to pay the rent expenses of
veterans organizations pursuant to
section 123.024 of the Revised
Code in fiscal years 2010 and
2011.
The foregoing appropriation item, 100449, DAS - Building
Operating Payments, also may be used to provide funding for the
cost of
property appraisals or building studies that the
Department of
Administrative Services
may be required to obtain
for property
that is being sold by the
state or property under
consideration to
be renovated or purchased by the
state.
Notwithstanding section 125.28 of the Revised Code, the
remaining
portion of
the appropriation may be used to pay the
operating expenses of
state
facilities maintained by the
Department of Administrative
Services that are
not billed to
building tenants. These expenses may include, but
are not
limited
to, the costs for vacant space and space undergoing
renovation,
and
the rent expenses of tenants that are relocated because of
building
renovations. These payments shall be processed by the
Department of
Administrative Services
through intrastate transfer
vouchers and placed in
the Building
Management Fund (Fund
1320).
Notwithstanding division (A)(1) of section 125.28 of the
Revised Code, the Department of Administrative Services may use
the Building Management Fund (Fund 1320) to support utility costs
at the State of Ohio Computer Center that exceed the available
appropriation in appropriation item 100433, State of Ohio Computer
Center.
Section 207.10.70. CENTRAL SERVICE AGENCY FUND
The appropriation item 100632, Central Service Agency, shall
be used to purchase the equipment, products, and services that are
needed to maintain automated applications for the professional
licensing boards and to support board licensing functions in
fiscal years 2010 and 2011. The Department of Administrative
Services shall establish charges for recovering the costs of
carrying out these functions. The charges shall be billed to the
professional licensing boards and deposited via intrastate
transfer vouchers to the credit of the Central Service Agency Fund
(Fund 1150). Total Department of Administrative Services charges
for the maintenance and support of the licensing system shall not
exceed $363,678 in each fiscal year of the biennium.
Section 207.10.80. CENTRAL SERVICE AGENCY CONSOLIDATION
INITIATIVE
Of the foregoing appropriation item 130321, State Agency
Support Services, $308,230 in fiscal year 2010 and $235,230 in
fiscal year 2011 shall be used by the Department of Administrative
Services for the Central Service Agency Consolidation initiative.
Section 207.10.90. EXPANDED FUNCTIONS OF THE CENTRAL SERVICE
AGENCY
Notwithstanding any contrary provision of law,
on July 1,
2009, or as soon as possible thereafter, the Central
Service
Agency, in consultation with the Director of Budget and
Management, shall review the support services the Central Service
Agency performs on behalf of the boards and commissions named in
division (A) of section 125.22 of the Revised Code (except the
Commission on Hispanic-Latino Affairs) and the fiscal condition of
those boards and commissions. The Central Service Agency shall
thereafter provide recommendations regarding consolidation of
finance, human resources, legal, procurement, and other
administrative functions to achieve administrative cost savings
and efficiency. The Central Service Agency also may initiate or
deny personnel or fiscal actions for the boards and commissions if
such an initiation or denial would result in administrative cost
savings and efficiency among the boards and commissions, and may
require the boards and commissions to enter into agreements to
share office equipment, office space, or other assets to the
extent such an agreement would create efficiencies or savings in
rental, lease, or contractual expenses.
Except with respect to the authority of the boards and
commissions named in division (A) of section 125.22 of the Revised
Code to appoint or employ additional employees for the performance
of professional, technical, clerical, or other duties, this
section shall not be interpreted as a grant of authority
to the
Central Service Agency to supersede or replace the boards
or
commissions in the performance of their respective statutory
duties, or to appoint, remove, or demote the executive directors
of the respective boards or commissions.
The Director of Budget and Management may take actions made
necessary by administrative reorganization for the purpose of cost
savings and efficiency by making budget changes, transferring
programs, creating new funds, and consolidating funds.
Section 207.20.10. GENERAL SERVICE CHARGES
The Department of Administrative Services, with the approval
of the Director of Budget and Management, shall establish charges
for recovering the costs of administering the programs funded by
the
General Services Fund (Fund 1170) and the State Printing Fund
(Fund
2100). Such charges within Fund 1170 may be used to recover
the cost of paying a vendor to establish reduced pricing for
contracted supplies or services.
If the Director of Administrative Services determines that
additional amounts are necessary to pay for consulting and
administrative costs related to securing lower pricing, the
Director of Administrative Services may request that the Director
of Budget and Management approve additional expenditures. Such
approved additional amounts are appropriated to appropriation item
100644, General Services Division-Operating.
Section 207.20.20. COLLECTIVE BARGAINING ARBITRATION
EXPENSES
With approval of the Director of Budget and Management, the
Department of Administrative Services may seek reimbursement from
state agencies for the actual costs and expenses the Department
incurs in the collective bargaining arbitration process. The
reimbursements shall be processed through intrastate transfer
vouchers and credited to the Collective Bargaining Fund (Fund
1280).
Section 207.20.30. BROADBAND OHIO
Any unencumbered, unexpended amounts of the foregoing
appropriation item 100607, IT Services Delivery, that were
allocated for implementation of the NextGen Network in fiscal
years 2008 and 2009 are hereby reappropriated for the same purpose
in fiscal years 2010 and 2011.
Section 207.20.40. EQUAL OPPORTUNITY PROGRAM
The Department of Administrative Services, with the approval
of the Director of Budget and Management, shall establish charges
for recovering the costs of administering the activities supported
by the State EEO Fund (Fund 1880). These charges
shall be
deposited
to the credit of the State EEO
Fund (Fund 1880) upon
payment made
by state agencies,
state-supported or state-assisted
institutions
of higher
education, and tax-supported agencies,
municipal
corporations, and
other political subdivisions of the
state, for
services rendered.
Section 207.20.50. MERCHANDISE RESALE FUND ABOLISHMENT
On July 1, 2009, or as soon as possible thereafter, the
Director of Budget and Management shall transfer the cash balance,
functions, assets, and liabilities of the Merchandise Resale Fund
(Fund 2010) to the State Printing Fund (Fund 2100). The Director
of Budget and Management shall cancel any existing encumbrances
against appropriation item 100653, General Services Resale
Merchandise, and re-establish them against appropriation item
100612, State Printing. The re-established encumbrances are
appropriated. Upon completion of the transfer, Fund 2010 is
abolished.
The State Printing Fund is thereupon and thereafter successor
to, assumes the obligations of, and otherwise constitutes the
continuation of the Merchandise Resale Fund. Any business
commenced but not completed pertaining to the Merchandise for
Resale Fund by July 1, 2009, shall be completed within the State
Printing Fund in the same manner and with the same effect as if it
were completed within the Merchandise for Resale Fund. All of the
rules, orders, and determinations associated with the Merchandise
for Resale Fund continue in effect as rules, orders, and
determinations associated with the State Printing Fund until
modified or rescinded by the Director of Administrative Services.
If necessary to ensure the integrity of the Administrative Code,
the Director of the Legislative Service Commission shall renumber
the rules relating to the Merchandise for Resale Fund to reflect
its transfer to the State Printing Fund.
On and after July 1, 2009, when the Merchandise for Resale
Fund is referred to in any statute, rule, contract, grant or other
document, the reference is hereby deemed to refer to the State
Printing Fund.
Section 207.20.60. LEVERAGED ENTERPRISE PURCHASE PROGRAM
FUNDING
The foregoing appropriation item 100640, Leveraged Enterprise
Purchases, may be used by the Director of Administrative Services
to operate a Leveraged Enterprise Purchases Program to make
enterprise-wide information technology purchases. The Director of
Administrative Services may recover the cost of operating such a
program from all participating government entities through
intrastate transfer voucher billings for each applicable
procurement, or the Director may use any pass-through billing
method agreed to by the Director of Administrative Services, the
Director of Budget and Management, and the participating
government entities that will receive the applicable procurement.
If the Director of Administrative Services chooses to recover the
costs through intrastate transfer voucher billings, the
participating government entities shall process the intrastate
transfer vouchers to pay for the cost.
Amounts received under this section for the Leveraged
Enterprise Purchases Program shall be deposited to the credit of
the IT Governance Fund (Fund 2290).
Section 207.20.70. INFORMATION TECHNOLOGY ASSESSMENT
The Director of Administrative
Services, with the approval
of
the
Director of Budget and Management, may establish an
information
technology assessment for the purpose of recovering
the cost of
selected infrastructure and statewide
programs. The
information
technology
assessment shall be
charged to all
organized bodies,
offices, or
agencies established
by the laws of
the state for the
exercise of
any function of state
government
except for the
General Assembly,
any legislative
agency, the
Supreme Court, the
other courts of
record in Ohio, or
any
judicial agency, the
Adjutant General, the
Bureau of
Workers'
Compensation, and
institutions administered by
a board of
trustees. Any
state-entity
exempted by this section
may
use
the
infrastructure or
statewide program by
participating
in the
information technology
assessment. All
charges for the
information technology assessment
shall be
deposited to the
credit
of the IT Governance Fund (Fund
2290).
Section 207.20.80. INVESTMENT RECOVERY FUND
Notwithstanding division (B) of section 125.14 of the Revised
Code, cash balances in the Investment Recovery Fund (Fund 4270)
may
be used to
support the operating expenses of the Federal
Surplus
Operating
Program created in sections 125.84 to 125.90 of
the
Revised Code.
Notwithstanding division (B) of section 125.14 of the Revised
Code, cash balances in the Investment Recovery Fund may be used to
support the operating expenses of the Asset Management Services
Program, including, but not limited to, the cost of establishing
and maintaining procedures for inventory records for state
property as described in section 125.16 of the Revised Code.
Of the foregoing appropriation item 100602, Investment
Recovery, up to $2,093,564 in fiscal year 2010 and up to
$2,107,388 in fiscal year 2011 shall be used to pay the operating
expenses of the State Surplus Property Program, the Surplus
Federal Property Program, and the Asset Management Services
Program under Chapter 125. of
the Revised Code and this section.
If additional appropriations
are necessary for the operations of
these programs, the Director
of Administrative Services shall seek
increased appropriations
from the Controlling Board under section
131.35 of the Revised
Code.
Of the foregoing appropriation item 100602, Investment
Recovery,
$3,590,000 in fiscal year 2010 and
$3,576,176 in
fiscal
year 2011 shall be used to transfer proceeds
from the sale
of
surplus property from the Investment Recovery
Fund to
non-General
Revenue Funds under division (A)(2) of
section
125.14 of the
Revised Code. If it is determined by the
Director
of
Administrative Services that additional amounts
are
necessary for
the transfer of such sale proceeds, the Director
of
Administrative
Services may request the Director of Budget
and
Management to
authorize additional amounts. Such authorized additional amounts
are hereby
appropriated.
Section 207.20.90. DAS INFORMATION SERVICES
There is hereby established in the State Treasury the DAS
Information Services Fund. The foregoing appropriation item
100603, DAS Information Services, shall be used to pay the costs
of providing information systems and services in the Department of
Administrative Services. Any state agency, board, or commission
may use DAS Information Services by paying for the services
rendered.
The Department of Administrative Services shall establish
user charges for all information systems and services that are
allowable in the statewide indirect cost allocation plan submitted
annually to the United States Department of Health and Human
Services. These charges shall comply with federal regulations and
shall be deposited to the credit of the DAS Information Services
Fund (Fund 4P30).
Section 207.30.10. ADMINISTRATIVE HEARINGS
There is hereby created in the State Treasury the
Administrative Hearings Fund (Fund 5DQ0). The fund shall be under
the supervision of the Department of Administrative Services and
shall be used to pay the costs of operating shared, centralized
administrative-adjudicatory services in the Department of
Administrative Services. Money collected from charges to state
agencies for adjudicatory services provided by the Department of
Administrative Services shall be credited to the fund. The
foregoing appropriation item 100638, Administrative Hearings,
shall be used to make payments from the fund.
With the approval of the Director of Budget and Management,
the Department of Administrative Services shall establish user
charges to recover the costs of providing adjudicatory services in
fiscal years 2010 and 2011. The charges shall be established at
amounts sufficient to pay the costs of providing services and an
amount to provide operating cash flow for the fund. The charges
shall be billed to state agencies that receive
administrative-adjudicatory services and deposited via intrastate
transfer vouchers to the credit of the Administrative Hearings
Fund (Fund 5DQ0).
The Director of Administrative Services shall submit a
spending plan to the Director of Budget and Management to justify
operating transfers to Fund 5DQ0 from the operating funds of state
agencies that receive administrative-adjudicatory services. The
spending plan shall identify the state agencies participating in
the initial receipt of administrative-adjudicatory services, the
proportion of services to be received by each agency, and the
funding source from which the operating transfer shall be made.
Upon approval of the plan, the Director of Budget and Management
may transfer an amount in cash, not to exceed a total of $200,000,
from the funds identified in the plan to Fund 5DQ0. The amounts
shall support the establishment of an Office of Administrative
Hearings.
The Director of Administrative Services shall prepare a plan
for the return of cash balances transferred from the operating
funds of state agencies that receive administrative-adjudicatory
services under this section. This plan shall be submitted to the
Director of Budget and Management when the Department of
Administrative Services files with the Director of Budget and
Management its estimate of proposed expenditures for the biennium
beginning July 1, 2011. Upon approval of the plan, the Director of
Budget and Management shall make the cash transfers specified in
the plan.
Section 207.30.20. OAKS SUPPORT ORGANIZATION
The foregoing appropriation item 100635, OAKS Support
Organization, shall be used by the Department of Administrative
Services' Office of Information Technology to pay operating
expenses incurred in providing information technology services to
support the modules of OAKS, the state's enterprise resource
planning system. The Department of Administrative Services shall
submit to the Office of Budget and Management a budget and cost
allocation plan for OAKS Support Organization costs by the first
day of September of each fiscal year of the biennium. Upon
approval of the plan by the Director of Budget and Management, the
Department of Administrative Services may bill and transfer cash
from funds accordingly. Specifically, the Department of
Administrative Services shall recover the costs of the information
technology services provided through intrastate transfer voucher
billings to (1) the Office of Budget and Management (in amounts up
to $9,610,874 in fiscal year 2010 and up to $9,733,416 in fiscal
year 2011), (2) the Department of Administrative Services' Human
Resources Division, and (3) other Department of Administrative
Services funds. When needed to meet OAKS Support Organization
expenses, upon request by the Director of Administrative Services,
and upon concurrence of the Director of Budget and Management, the
Director of Budget and Management may transfer cash from other
funds used by the Department of Administrative Services to the
OAKS Support
Organization Fund (Fund 5EB0) in lieu of intrastate
transfer
voucher billings. Intrastate transfer voucher billings
and cash
transfers shall be on an incurred-cost basis and shall
not be in
amounts that would create a balance in the fund in
excess of
federally allowable indirect cost allocation
principles.
Consistent with its responsibilities under Chapter 125. of
the Revised Code, the Department of Administrative Services' Human
Resources Division shall operate and maintain the human capital
management module of OAKS. Effective July 1, 2009, the Director of
Administrative Services, with the approval of the Director of
Budget and Management, shall include in the human resources
services payroll rate the estimated costs of the information
technology services provided by the Department of Administrative
Services' Office of Information Technology to maintain the human
capital management module of OAKS. These revenues shall be
deposited to the credit of the Human Resources Fund (Fund 1250)
and transferred not less than quarterly to the OAKS Support
Organization Fund (Fund 5EB0) by intrastate transfer vouchers in
accordance with a budget and cost allocation plan approved by the
Director of Budget and Management for each fiscal year of the
biennium. The Director of Administrative Services may offset this
proportional allocation with intrastate transfer voucher billings
to or cash transfers from other funds used by the Department of
Administrative
Services to support costs incurred by the OAKS
Support
Organization Fund (5EB0).
Section 207.30.30. CASH TRANSFER TO OAKS SUPPORT
ORGANIZATION FUND
The Director of Budget and Management may transfer
$1,317,922.16 in cash from the IT Services Delivery Fund (Fund
1330) to the OAKS Support Organization Fund (5EB0) to correct an
intrastate transfer voucher from the Department of Administrative
Services that was deposited in the IT Services Delivery Fund.
Section 207.30.40. PROFESSIONAL DEVELOPMENT FUND
The foregoing appropriation item 100610, Professional
Development, shall be used to make payments from the Professional
Development Fund (Fund 5L70) under section 124.182 of the
Revised
Code.
Section 207.30.50. EMPLOYEE EDUCATIONAL DEVELOPMENT
The foregoing
appropriation item 100619, Employee
Educational Development,
shall be used to make payments from the
Employee Educational Development Fund (Fund 5V60) under section
124.86 of the Revised Code. The fund shall be
used to pay the
costs of administering educational
programs under existing
collective bargaining agreements with
District 1199, the Health
Care and Social Service Union; State
Council of Professional
Educators; Ohio Education Association and
National Education
Association; the Fraternal Order of Police Ohio
Labor Council,
Unit 2; and the Ohio State Troopers Association,
Units 1 and 15.
If it is determined by the Director of Administrative
Services that additional amounts are necessary, the
Director of
Administrative Services may request that the Director
of Budget
and Management approve additional amounts. Such approved
additional amounts are
hereby appropriated.
Section 207.30.60. CENTRALIZED GATEWAY ENHANCEMENT FUND
(A) As used in this section, "Ohio Business Gateway" refers
to the internet-based system operated by the Department of
Administrative Services with the advice
of the Ohio Business
Gateway Steering
Committee established under
section 5703.57 of
the Revised Code.
The Ohio Business Gateway is
established to
provide businesses a
central web site where
various filings and
payments are submitted
on-line to government.
The information is
then distributed to the
various government
entities that
interact with the business
community.
(B) As used in this section:
(1) "State Portal" refers to the official web site of the
state, operated by the Department
of Administrative Services.
(2) "Shared Hosting Environment" refers to the computerized
system operated by the Department
of Administrative Services for
the
purpose of providing
capability for state agencies to host
web
sites.
(C) There is hereby created in the state treasury the
Centralized Gateway Enhancement Fund (Fund 5X30). The foregoing
appropriation item 100634, Centralized Gateway Enhancement,
shall
be used by the Department
of Administrative Services to pay
the
costs of enhancing,
expanding, and operating the
infrastructure
of
the Ohio Business
Gateway, State Portal, and
Shared Hosting
Environment.
The Director
of Administrative Services shall submit
spending
plans to the Director of Budget
and Management
to
justify
operating transfers to the fund from
the General
Revenue Fund.
Upon approval, the Director of Budget
and
Management
shall
transfer approved amounts to the fund, not
to
exceed the
amount
of the annual appropriation in each fiscal
year. The
spending
plans may be based on the recommendations of
the Ohio
Business
Gateway Steering Committee or its successor.
Section 207.30.70. MAJOR IT PURCHASES AND CONTRACTS
The Director of Administrative
Services shall compute the
amount
of revenue attributable to the amortization of all
equipment
purchases and capitalized systems from appropriation
item 100607,
IT Services Delivery; appropriation item
100617,
Major IT
Purchases; and appropriation item C10014,
Major
Computer
Purchases,
which is recovered by the Department of Administrative
Services as part
of the rates charged by the IT Service
Delivery
Fund (Fund 1330)
created in section 125.15 of the
Revised
Code.
The Director of
Budget and Management may transfer
cash in
an
amount not to exceed
the amount of amortization
computed from
the IT Service Delivery
Fund (Fund 1330) to the
Major IT
Purchases
Fund (Fund 4N60).
Section 207.30.80. CASH TRANSFERS FROM THE MAJOR IT PURCHASES
FUND
Upon request of the Director of Administrative Services, the
Director of Budget and Management may make the following transfers
from the Major IT Purchases Fund (Fund 4N60):
(1) Up to $2,800,000 in each fiscal year of the biennium to
the State Architect's Fund (Fund 1310) to support the OAKS Capital
Improvements Module and other costs of the State Architect's
Office that are not directly related to capital projects managed
by the State Architect;
(2) Up to $1,097,412 in fiscal year 2010 and up to $1,111,575
in fiscal year 2011 to the Director's Office Fund (Fund 1120) to
support operating expenses of the Accountability and Results
Initiative; and
(3) Up to $4,000,000 in fiscal year 2010 and up to $1,000,000
in fiscal year 2011 to the OAKS Support Organization Fund (Fund
5EB0) to support OAKS operating costs not billed to the Office of
Budget and Management's Accounting and Budgeting Fund (Fund 1050),
to the Department of Administrative Services' Human Resources
Services Fund (Fund 1250), or paid from other funds of the
Department of Administrative Services.
Upon approval of the Director of Budget and Management, the
transferred amounts are appropriated in the designated fiscal
years to the following
appropriation items: 100639, State
Architect's Office (Fund 1310) in each fiscal year 2010 and fiscal
year 2011;
100616, DAS Administration (Fund 1120) in both fiscal
year 2010 and fiscal year 2011; and 100635, OAKS Support
Organization (Fund 5EB0) in fiscal year 2010 only.
Section 207.30.90. CORRECTIVE CASH TRANSFER TO INFORMATION
TECHNOLOGY
FUND
On July 1, 2009, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $7,768.37 in cash
from the Unemployment Compensation Fund (Fund 1130) to the
Information Technology Fund (Fund 1330). This transfer corrects a
deposit of revenue that was made to Fund 1130. Upon
completion of
the transfer, Fund 1130 is abolished.
Section 207.40.10. MULTI-AGENCY RADIO COMMUNICATION SYSTEM
DEBT
SERVICE PAYMENTS
The Director of Administrative Services, in consultation with
the Multi-Agency Radio Communication System (MARCS) Steering
Committee and the Director of Budget and Management, shall
determine the share of debt service payments attributable to
spending for MARCS components that are not specific to any one
agency and that shall be charged to agencies supported by the
motor fuel tax. Such share of debt service payments shall be
calculated for MARCS capital disbursements made beginning July
1,
1997. Within thirty days of any payment made from
appropriation
item 100447, OBA - Building Rent Payments,
the Director of
Administrative Services shall certify to the
Director of Budget
and Management the amount of this share. The
Director of Budget
and Management shall transfer such amounts to
the General Revenue
Fund from the State Highway Safety Fund (Fund
7036) established in
section 4501.06 of the Revised Code.
The Director of Administrative Services shall consider
renting or
leasing existing tower sites at reasonable or current
market
rates, so long as these existing sites are equipped with
the
technical capabilities to support the MARCS project.
Section 207.40.20. ACCOUNTABILITY AND RESULTS FUND
There is hereby created in the state treasury the
Accountability and Results Fund (Fund 5GD0) for use by the
Department of Administrative Services. The Accountability and
Results Fund shall consist of gifts, grants, devises, bequests,
and other financial contributions made to the Department of
Administrative Services for the purchase of services, supplies, or
equipment for the Accountability and Results Initiative. All
investment earnings of the fund shall be credited to the fund.
Section 207.40.30. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY
Whenever the Director of Administrative Services declares a
"public exigency," as provided in division (C) of section 123.15
of the Revised Code, the Director shall also notify the members of
the Controlling Board.
Section 209.10. AGE DEPARTMENT OF AGING
| GRF |
490321 |
|
Operating Expenses |
|
$ |
2,109,817 |
|
$ |
2,109,817 |
| GRF |
490409 |
|
AmeriCorps Operations |
|
$ |
147,034 |
|
$ |
147,034 |
| GRF |
490410 |
|
Long-Term Care Ombudsman |
|
$ |
535,857 |
|
$ |
535,857 |
| GRF |
490411 |
|
Senior Community Services |
|
$ |
8,434,134 |
|
$ |
8,434,134 |
| GRF |
490412 |
|
Residential State Supplement |
|
$ |
7,325,417 |
|
$ |
7,325,417 |
| GRF |
490414 |
|
Alzheimer's Respite |
|
$ |
3,619,277 |
|
$ |
3,660,593 |
| GRF |
490423 |
|
Long Term Care Budget - State |
|
$ |
112,916,967 |
|
$ |
149,317,603 |
| GRF |
490506 |
|
National Senior Service Corps |
|
$ |
268,237 |
|
$ |
268,237 |
| GRF |
490625 |
|
Alzheimer's Respite - Federal Stimulus |
|
$ |
512,318 |
|
$ |
471,002 |
| TOTAL GRF General Revenue Fund |
|
$ |
135,869,058 |
|
$ |
172,269,694 |
General Services Fund Group
| 4800 |
490606 |
|
Senior Community Outreach and Education |
|
$ |
372,677 |
|
$ |
372,677 |
| TOTAL GSF General Services Fund |
|
|
|
|
|
|
| Group |
|
$ |
372,677 |
|
$ |
372,677 |
Federal Special Revenue Fund Group
| 3220 |
490618 |
|
Federal Aging Grants |
|
$ |
10,200,000 |
|
$ |
10,200,000 |
| 3C40 |
490623 |
|
Long Term Care Budget |
|
$ |
350,162,957 |
|
$ |
340,193,418 |
| 3M40 |
490612 |
|
Federal Independence Services |
|
$ |
63,655,080 |
|
$ |
63,655,080 |
| 3R70 |
490617 |
|
AmeriCorps Programs |
|
$ |
8,870,000 |
|
$ |
8,870,000 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
432,888,037 |
|
$ |
422,918,498 |
State Special Revenue Fund Group
| 4C40 |
490609 |
|
Regional Long-Term Care
Ombudsman Program |
|
$ |
935,000 |
|
$ |
935,000 |
| 4J40 |
490610 |
|
PASSPORT/Residential State Supplement |
|
$ |
33,263,984 |
|
$ |
33,263,984 |
| 4U90 |
490602 |
|
PASSPORT Fund |
|
$ |
4,424,969 |
|
$ |
4,424,969 |
| 5AA0 |
490673 |
|
Ohio's Best Rx Administration |
|
$ |
910,801 |
|
$ |
0 |
| 5BA0 |
490620 |
|
Ombudsman Support |
|
$ |
600,000 |
|
$ |
600,000 |
| 5K90 |
490613 |
|
Long Term Care Consumers Guide |
|
$ |
820,400 |
|
$ |
820,400 |
| 5W10 |
490616 |
|
Resident Services Coordinator Program |
|
$ |
330,000 |
|
$ |
330,000 |
| 6240 |
490604 |
|
OCSC Community Support |
|
$ |
470,000 |
|
$ |
470,000 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
41,755,154 |
|
$ |
40,844,353 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
610,884,926 |
|
$ |
636,405,222 |
Section 209.20. LONG-TERM CARE
Pursuant to an interagency agreement, the Department of Job
and
Family
Services shall
designate the Department of Aging to
perform
assessments under
section 5111.204 of the
Revised
Code.
The Department of Aging shall provide long-term care consultations
under section 173.42 of the Revised Code to assist individuals in
planning for their long-term health care needs. The foregoing
appropriation items 490423, Long Term Care Budget – State, and
490623, Long Term Care Budget, may be used to provide the
preadmission screening and resident review (PASRR), which includes
screening,
assessments, and determinations made under sections
5111.02,
5111.204, 5119.061, and 5123.021 of the Revised Code.
The foregoing appropriation items 490423, Long Term Care
Budget - State, and 490623, Long Term Care Budget, may be
used to
assess and provide long-term care consultations to clients
regardless of Medicaid eligibility.
The Director of Aging shall adopt rules under
section 111.15
of the Revised Code governing the nonwaiver funded
PASSPORT
program, including client eligibility. The foregoing appropriation
item 490423, Long Term Care Budget - State, may be used by the
Department of Aging to provide nonwaiver funded PASSPORT services
to persons the Department has determined to be eligible to
participate in the nonwaiver funded PASSPORT Program, including
those persons not yet determined to be financially eligible to
participate in the Medicaid waiver component of the PASSPORT
Program by a county department of job and family services.
The Department of Aging shall administer the Medicaid
waiver-funded PASSPORT Home Care Program, the Choices Program, the
Assisted Living Program, and the PACE Program as delegated by the
Department
of Job and Family Services in an interagency agreement.
The
foregoing
appropriation item 490423, Long Term Care
Budget -
State,
shall
be used
to
provide the required state match
for
federal
Medicaid funds
supporting the Medicaid Waiver-funded
PASSPORT Home
Care
Program, the Choices Program, the Assisted
Living Program, and the PACE Program.
The foregoing appropriation
items 490423, Long Term Care Budget - State, and 490623, Long Term
Care Budget, may
also be
used
to support
the Department of Aging's
administrative costs
associated with
operating the PASSPORT,
Choices, Assisted Living, and PACE programs.
The foregoing appropriation item 490623, Long Term Care
Budget, shall
be
used to provide the federal matching share for
all program costs determined by the Department of Job and Family
Services to
be
eligible for Medicaid reimbursement.
(A) As used in this section, "Long Term Care Budget Services"
includes the following existing programs: PASSPORT, Assisted
Living, Residential State Supplement, and PACE.
(B) On a quarterly basis, on receipt of the certified
expenditures related to sections 173.401, 173.351, and 5111.894 of
the Revised Code, the Director of Budget and Management may do
all of the following for fiscal years 2010 and 2011:
(1) Transfer cash from the Nursing Facility Stabilization
Fund (Fund 5R20), used by the Department of Job and Family
Services, to the PASSPORT/Residential State Supplement Fund (Fund
4J40), used
by the Department of Aging.
The transferred cash is hereby appropriated to appropriation
item 490610, PASSPORT/Residential State Supplement.
(2) If receipts credited to the PASSPORT Fund (Fund 3C40)
exceed the amounts appropriated from the fund, the Director of
Aging may request the Director of Budget and Management to
authorize expenditures from the fund in excess of the amounts
appropriated. Upon the approval of the Director of Budget and
Management, the additional amounts are hereby appropriated.
(3) If receipts credited to the Interagency Reimbursement
Fund (Fund 3G50) exceed the amounts appropriated from the fund,
the Director of Job and Family Services may request the Director
of Budget and Management to authorize expenditures from the fund
in excess of the amounts appropriated. Upon the approval of the
Director of Budget and Management, the additional amounts are
hereby appropriated.
(C) The individuals placed in Long Term Care Budget Services
pursuant to this section shall be in addition to the individuals
placed in Long Term Care Budget Services during fiscal years 2010
and 2011 before any transfers to appropriation item 490423, Long
Term Care Budget-State, are made under this section.
In order to effectively administer and manage growth within
the PACE Program, the Director of Aging may, as the director deems
appropriate and to the extent funding is available, allocate funds
for the PACE Program between the PACE sites in Cleveland and
Cincinnati.
Section 209.30. OHIO COMMUNITY SERVICE COUNCIL
The foregoing appropriation items 490409, AmeriCorps
Operations, and 490617, AmeriCorps Programs, shall be used
in
accordance
with section 121.40
of the
Revised Code.
The foregoing appropriation item 490410, Long-Term Care
Ombudsman, shall be
used for a
program to fund
ombudsman program
activities as authorized in sections 173.14 to 173.27 and section
173.99 of the Revised Code.
SENIOR COMMUNITY SERVICES
The foregoing appropriation item 490411, Senior Community
Services, shall be
used for
services designated by the Department
of Aging,
including, but not
limited to, home-delivered and
congregate meals,
transportation
services,
personal care
services, respite services, adult day
services,
home repair, care
coordination, and decision support
systems.
Service priority
shall be
given to low income, frail,
and
cognitively impaired
persons 60
years of age and over. The
department
shall promote
cost sharing
by service recipients for
those
services funded with
senior community services
funds,
including, when possible,
sliding-fee scale payment
systems based
on
the income of service
recipients.
RESIDENTIAL STATE SUPPLEMENT
Under the Residential State Supplement Program, the amount
used
to determine whether a resident is eligible for payment and
for
determining the amount per month the eligible resident will
receive
shall be as follows:
(A) $927 for a residential care facility, as defined in
section
3721.01 of the Revised Code;
(B) $927 for an adult group home, as defined in Chapter
3722.
of the
Revised Code;
(C) $824 for an adult foster home, as defined in Chapter
173.
of the
Revised Code;
(D) $824 for an adult family home, as defined in Chapter
3722. of the
Revised Code;
(E) $824 for an adult community alternative home, as defined
in
Chapter 3724. of the Revised Code;
(F) $824 for an adult residential facility, as defined in
Chapter
5119. of the Revised Code;
(G) $618 for adult community mental health housing services,
as
defined in division (B)(5) of section 173.35 of the Revised
Code.
The Departments of Aging and Job and Family Services shall
reflect
these
amounts in any applicable rules the departments
adopt
under
section
173.35 of the Revised Code.
TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS
The foregoing appropriation items 490412, Residential State
Supplement, and 490610, PASSPORT/Residential State Supplement, may
be used by the Director of Aging to transfer cash to the Home and
Community Based Services for the Aged Fund (Fund
4J50), which is
used by the Department of Job and Family Services.
The
transferred cash shall be used to make benefit payments to
residential state supplement recipients. The transfer shall be
made using an intrastate transfer voucher.
RESIDENTIAL STATE SUPPLEMENT WORKGROUP
(A) There is hereby created the Residential State Supplement
Workgroup consisting of all of the following:
(1) The Director of Aging or the Director's designee;
(2) The Director of Health or the Director's designee;
(3) The Director of Job and Family Services or the Director's
designee;
(4) The Director of Mental Health or the Director's designee.
(B) The Director of Aging or the Director's
designee shall
serve as the chairperson of the Workgroup. Members
of the
Workgroup shall serve without compensation, except to the
extent
that serving on the Workgroup is considered part of their
regular
employment duties.
(C) The Workgroup shall examine solely the issue of which
state agency is the most appropriate to administer the Residential
State Supplement Program. Not later than December 31, 2009, the
Workgroup shall submit written recommendations on this issue to
the Governor and, in accordance with section 101.68 of the Revised
Code, to the General Assembly. The Workgroup shall cease to exist
on submission of its recommendations.
The foregoing appropriation item 490414, Alzheimer's
Respite,
shall be used to fund only Alzheimer's disease
services under
section 173.04 of the Revised Code.
ALZHEIMER'S RESPITE – FEDERAL STIMULUS
The foregoing appropriation item 490625, Alzheimer's Respite
– Federal Stimulus, shall be used to fund only Alzheimer's disease
services under section 173.04 of the Revised Code.
The foregoing appropriation item 490606, Senior Community
Outreach and Education, may be used to provide training to workers
in the field of aging pursuant to division (G) of section 173.02
of the Revised Code.
REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM
The foregoing appropriation item 490609, Regional Long-Term
Care Ombudsman,
shall be used to pay the costs of
operating the
regional long-term care
ombudsman programs
designated by the
Long-Term Care Ombudsman.
PASSPORT/RESIDENTIAL STATE SUPPLEMENT
The foregoing appropriation item 490610,
PASSPORT/Residential
State Supplement, may be used to fund the
Residential State
Supplement
Program. The remaining available funds shall be
used to
fund the
PASSPORT program.
TRANSFER OF APPROPRIATIONS - FEDERAL
INDEPENDENCE SERVICES
AND FEDERAL AGING GRANTS
At the request of the Director of Aging, the Director of
Budget and Management may transfer appropriation between
appropriation items 490612, Federal Independence Services, and
490618, Federal Aging Grants. The
amounts transferred shall not
exceed 30 per cent of the
appropriation from which the transfer
is made. Any transfers shall
be reported by the Department of
Aging to the Controlling Board at
the next scheduled meeting of
the board.
TRANSFER OF RESIDENT PROTECTION FUNDS
In each fiscal year, the Director of Budget and Management
may transfer $600,000
cash from the Resident Protection Fund
(Fund 4E30), which is used by the
Department of Job and Family
Services, to the Ombudsman Support Fund (Fund 5BA0), which is
used by the Department of Aging.
Section 209.40. UNIFIED LONG-TERM CARE BUDGET WORKGROUP
(A) There is hereby created the Unified Long-Term Care Budget
Workgroup. The Workgroup shall consist of the following members:
(1) The Director of Aging;
(2) Consumer advocates, representatives of the provider
community, and state policy makers, appointed by the Governor;
(3) Two members of the House of Representatives, one member
from the majority party and one member from the minority party,
appointed by the Speaker of the House of Representatives;
(4) Two members of the Senate, one member from the majority
party and one member from the minority party, appointed by the
President of the Senate.
The Director of Aging shall serve as the chairperson of the
Workgroup.
The Workgroup shall be staffed by the departments of Aging
and Job and Family Services.
(B) The Workgroup shall develop a unified long-term care
budget that facilitates the following:
(1) Providing a consumer a choice of services that meet the
consumer's health care needs and improve the consumer's quality of
life;
(2) Providing a continuum of services that meet the needs of
a consumer throughout life;
(3) Consolidating policymaking authority and the associated
budgets in a single entity to simplify the consumer's decision
making and maximize the state's flexibility in meeting the
consumer's needs;
(4) Assuring the state has a system that is cost effective
and links disparate services across agencies and jurisdictions.
(C) On an annual basis, the Directors of Aging and Budget and
Management shall submit a written report to the Speaker of the
House of Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, the Minority Leader
of the Senate, and the members of the Joint Legislative Committee
on Medicaid Technology and Reform describing the progress towards
establishing, or if already established, the effectiveness of the
unified long-term care budget.
(D) In support of the Workgroup's proposal, the Director of
Budget and Management may seek Controlling Board approval to
transfer cash from the Nursing Facility Stabilization Fund (Fund
5R20), used by the Department of Job and Family Services, to the
PASSPORT/Residential State Supplement Fund (Fund 4J40), used by
the
Department of Aging.
Any transfers of cash approved by the Controlling Board under
this section are hereby appropriated to appropriation item 490610,
PASSPORT/Residential State Supplement.
Section 209.50. OHIO'S BEST RX PROGRAM
Notwithstanding the provisions of Chapter 173. of the
Revised Code regarding the establishment and operation of the
Ohio's Best Rx Program, the Director of Aging shall take all
actions necessary to wind up the affairs of the program not later
than January 1, 2010. For purposes of this section, all of the
following apply:
(A) Beginning on
the effective date of this section,
applications for program enrollment cards shall not be
accepted
and consideration of pending applications shall cease.
(B) On November 15, 2009, each program enrollment card or the
portion of a Golden Buckeye card used as a program enrollment card
is no longer valid.
(C)
Except as provided in division (D) of this section,
terminal distributors of dangerous drugs shall not dispense drugs
under the program on or after November 15, 2009.
(D) The drug mail order system included in the program shall
dispense drugs under the program only for orders postmarked or
otherwise submitted before November 15, 2009.
(E) Drug manufacturers shall not enter into new manufacturer
agreements on or after November 15, 2009, but shall continue to
make payments
in accordance with agreements in effect before
November 15, 2009.
(F) Accounts with terminal distributors of dangerous drugs
and all other accounts under the program shall continue to be
reconciled as necessary on and after November 15, 2009, but the
accounts shall be closed not later than January 1, 2010, and are
not subject to further reconciliation on or after
January 1,
2010.
OHIO'S BEST RX ADMINISTRATION
On January 1, 2010, or as soon
as possible thereafter, the
Director of Budget and Management
shall transfer the cash balance
in the Ohio's Best Rx
Administration Fund (Fund 5AA0) to the
General Revenue Fund. Upon
completion of the transfer, Fund 5AA0
is abolished. The Director
shall cancel any existing encumbrances
against appropriation item
490673, Ohio's Best Rx Administration.
Section 211.10. AGR DEPARTMENT OF AGRICULTURE
| GRF |
700401 |
|
Animal Disease Control |
|
$ |
3,617,777 |
|
$ |
3,617,777 |
| GRF |
700403 |
|
Dairy Division |
|
$ |
1,110,277 |
|
$ |
1,110,277 |
| GRF |
700404 |
|
Ohio Proud |
|
$ |
196,895 |
|
$ |
196,895 |
| GRF |
700406 |
|
Consumer Analytical Lab |
|
$ |
1,256,469 |
|
$ |
1,274,854 |
| GRF |
700407 |
|
Food Safety |
|
$ |
875,043 |
|
$ |
875,043 |
| GRF |
700409 |
|
Farmland Preservation |
|
$ |
200,000 |
|
$ |
200,000 |
| GRF |
700411 |
|
International Trade and Market Development |
|
$ |
431,440 |
|
$ |
431,440 |
| GRF |
700412 |
|
Weights and Measures |
|
$ |
200,000 |
|
$ |
200,000 |
| GRF |
700415 |
|
Poultry Inspection |
|
$ |
375,401 |
|
$ |
375,401 |
| GRF |
700418 |
|
Livestock Regulation Program |
|
$ |
1,322,784 |
|
$ |
1,353,676 |
| GRF |
700424 |
|
Livestock Testing and Inspections |
|
$ |
120,906 |
|
$ |
120,906 |
| GRF |
700499 |
|
Meat Inspection Program - State Share |
|
$ |
4,920,926 |
|
$ |
4,960,926 |
| GRF |
700501 |
|
County Agricultural Societies |
|
$ |
334,903 |
|
$ |
334,903 |
| GRF |
700654 |
|
Agriculture Operating - Federal Stimulus |
|
$ |
1,107,035 |
|
$ |
1,017,758 |
| TOTAL GRF General Revenue Fund |
|
$ |
16,069,856 |
|
$ |
16,069,856 |
General Services Fund Group
| 5DA0 |
700644 |
|
Laboratory Administration Support |
|
$ |
1,100,000 |
|
$ |
1,100,000 |
| 5GH0 |
700655 |
|
Central Support Indirect Cost |
|
$ |
5,713,404 |
|
$ |
5,713,404 |
| TOTAL GSF General Services Fund Group |
|
$ |
6,813,404 |
|
$ |
6,813,404 |
Federal Special Revenue Fund Group
| 3260 |
700618 |
|
Meat Inspection Program - Federal Share |
|
$ |
4,950,000 |
|
$ |
4,950,000 |
| 3360 |
700617 |
|
Ohio Farm Loan Revolving Fund |
|
$ |
44,679 |
|
$ |
44,679 |
| 3820 |
700601 |
|
Cooperative Contracts |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
| 3AB0 |
700641 |
|
Agricultural Easement |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
| 3J40 |
700607 |
|
Indirect Cost |
|
$ |
600,000 |
|
$ |
600,000 |
| 3R20 |
700614 |
|
Federal Plant Industry |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
9,594,679 |
|
$ |
9,594,679 |
State Special Revenue Fund Group
| 4900 |
700651 |
|
License Plates - Sustainable Agriculture |
|
$ |
20,000 |
|
$ |
20,000 |
| 4940 |
700612 |
|
Agricultural Commodity Marketing Program |
|
$ |
250,000 |
|
$ |
250,000 |
| 4960 |
700626 |
|
Ohio Grape Industries |
|
$ |
849,999 |
|
$ |
849,999 |
| 4970 |
700627 |
|
Commodity Handlers |
|
$ |
496,000 |
|
$ |
496,000 |
| 4C90 |
700605 |
|
Commercial Feed and Seed |
|
$ |
2,200,000 |
|
$ |
2,200,000 |
| 4D20 |
700609 |
|
Auction Education |
|
$ |
41,000 |
|
$ |
41,000 |
| 4E40 |
700606 |
|
Utility Radiological Safety |
|
$ |
134,631 |
|
$ |
134,631 |
| 4P70 |
700610 |
|
Food Safety Inspection |
|
$ |
1,099,396 |
|
$ |
1,099,396 |
| 4R00 |
700636 |
|
Ohio Proud Marketing |
|
$ |
10,500 |
|
$ |
10,500 |
| 4R20 |
700637 |
|
Dairy Industry Inspection |
|
$ |
1,800,000 |
|
$ |
1,800,000 |
| 4T60 |
700611 |
|
Poultry and Meat Inspection |
|
$ |
153,339 |
|
$ |
153,339 |
| 4T70 |
700613 |
|
Ohio Proud International and Domestic Market Development |
|
$ |
15,000 |
|
$ |
15,000 |
| 5780 |
700620 |
|
Ride Inspection Fees |
|
$ |
1,000,001 |
|
$ |
1,000,001 |
| 5B80 |
700629 |
|
Auctioneers |
|
$ |
365,390 |
|
$ |
365,390 |
| 5CP0 |
700652 |
|
License Plate Scholarships |
|
$ |
20,000 |
|
$ |
20,000 |
| 5FB0 |
700647 |
|
Fuel Quality Testing |
|
$ |
25,000 |
|
$ |
25,000 |
| 5FC0 |
700648 |
|
Plant Pest Program |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
| 5H20 |
700608 |
|
Metrology Lab and Scale Certification |
|
$ |
1,454,006 |
|
$ |
1,454,006 |
| 5L80 |
700604 |
|
Livestock Management Program |
|
$ |
256,286 |
|
$ |
256,286 |
| 6520 |
700634 |
|
Animal and Consumer Analytical Laboratory |
|
$ |
4,400,000 |
|
$ |
4,400,000 |
| 6690 |
700635 |
|
Pesticide, Fertilizer, and Lime Inspection Program |
|
$ |
3,470,000 |
|
$ |
3,470,000 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
19,060,548 |
|
$ |
19,060,548 |
Clean Ohio Conservation Fund Group
| 7057 |
700632 |
|
Clean Ohio Agricultural Easement |
|
$ |
149,000 |
|
$ |
149,000 |
| TOTAL CLF Clean Ohio Conservation Fund Group |
|
$ |
149,000 |
|
$ |
149,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
51,687,487 |
|
$ |
51,687,487 |
Section 211.20. COUNTY AGRICULTURAL SOCIETIES
The foregoing appropriation item 700501, County Agricultural
Societies, shall be used to reimburse county and independent
agricultural societies for expenses related to Junior Fair
activities.
FEDERAL ECONOMIC STIMULUS/RECOVERY FUNDS
The foregoing appropriation item 700654, Agriculture
Operating - Federal Stimulus, shall be used to support government
services consistent with funds received from the federal
government for fiscal stabilization and recovery purposes.
Section 211.30. COMMERCIAL FEED AND SEED FUND TRANSFER
On July 1, 2009, or as soon as possible thereafter, the
Director of Budget and Management shall transfer thirty-two per
cent of the cash balance in the Commercial Feed and Seed Fund
(Fund 4C90) as of June 30, 2009, to the Pesticide, Fertilizer, and
Lime Inspection Program Fund (Fund 6690). The Director shall
cancel existing encumbrances against appropriation item 700605,
Commercial Feed and Seed, and re-establish them against
appropriation item 700635, Pesticide, Fertilizer, and Lime
Inspection Program. The re-established encumbrance amounts are
hereby appropriated.
PESTICIDE, FERTILIZER, AND LIME INSPECTION FUND TRANSFER
On July, 1, 2009, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $600,000 in cash
from the Pesticide, Fertilizer, and Lime Inspection Fund (Fund
6690) to the Plant Pest Program Fund (Fund 5FC0).
CLEAN OHIO AGRICULTURAL EASEMENT
The foregoing appropriation item 700632, Clean Ohio
Agricultural Easement, shall be used by the Department of
Agriculture in administering sections 901.21, 901.22, and 5301.67
to 5301.70 of the Revised Code.
Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY
| GRF |
898402 |
|
Coal Development Office |
|
$ |
424,146 |
|
$ |
424,146 |
| GRF |
898901 |
|
Coal Research and Development General
Obligation Debt Service |
|
$ |
9,968,400 |
|
$ |
10,947,000 |
| TOTAL GRF General Revenue Fund |
|
$ |
10,392,546 |
|
$ |
11,371,146 |
General Services Fund Group
| 5EG0 |
898608 |
|
Energy Strategy Development |
|
$ |
307,000 |
|
$ |
307,000 |
| TOTAL GSF General Services Fund |
|
$ |
307,000 |
|
$ |
307,000 |
| 4Z90 |
898602 |
|
Small Business Ombudsman |
|
$ |
294,290 |
|
$ |
294,290 |
| 5700 |
898601 |
|
Operating Expenses |
|
$ |
264,000 |
|
$ |
264,000 |
| 5A00 |
898603 |
|
Small Business Assistance |
|
$ |
71,087 |
|
$ |
71,087 |
| TOTAL AGY Agency Fund Group |
|
$ |
629,377 |
|
$ |
629,377 |
Coal Research/Development Fund
| 7046 |
898604 |
|
Coal Research and Development
Fund |
|
$ |
66,000,000 |
|
$ |
10,000,000 |
| TOTAL 046 Coal Research and Development
Fund |
|
$ |
66,000,000 |
|
$ |
10,000,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
77,328,923 |
|
$ |
22,307,523 |
The foregoing appropriation item GRF 898402, Coal
Development Office, shall be used for the administrative costs of
the Coal Development Office.
COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item GRF 898901, Coal Research
and Development
General Obligation Debt Service, shall be used to
pay all debt
service and related financing costs at the times
they are required
to be made during the period from July 1, 2009,
to June 30, 2011,
for obligations issued under sections 151.01
and 151.07 of the
Revised Code.
Section 213.20. TRANSFER TO ENERGY STRATEGY DEVELOPMENT FUND
On July 1 of each fiscal year, or as soon
as possible
thereafter, the Director of Budget and Management may transfer
cash from the funds specified below, in the amount specified
below, to the Energy Strategy Development Fund (Fund 5EG0), which
is used by the Air Quality Development Authority. Fund 5EG0 may
accept contributions
and transfers made to the fund. The moneys
in Fund 5EG0 shall be used to develop
energy initiatives,
projects, and policy.
| Fund |
|
User |
|
FY 2010 |
|
FY 2011 |
| Office Services Fund (Fund 1170) |
|
Department of Administrative Services |
$ |
35,000 |
$ |
35,000 |
| Central Support Indirect Cost Fund (Fund 5GH0) |
|
Department of Agriculture |
$ |
35,000 |
$ |
35,000 |
| Support Services Fund (Fund 1350) |
|
Department of Development |
$ |
35,000 |
$ |
35,000 |
| Central Support Indirect Cost Fund (Fund 2190) |
|
Environmental Protection Agency |
$ |
35,000 |
$ |
35,000 |
| Central Support Indirect Chargeback Fund (Fund 1570) |
|
Department of Natural Resources |
$ |
35,000 |
$ |
35,000 |
| Highway Operating Fund (Fund 7002) |
|
Department of Transportation |
$ |
50,000 |
$ |
50,000 |
Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT
AUTHORITY TRUST ACCOUNT
Notwithstanding any other provision of law to the contrary,
the Air Quality Development Authority may reimburse the Air
Quality Development Authority trust account established under
section 3706.10 of the Revised Code from all operating funds of
the agency for
expenses pertaining to the administration and
shared costs
incurred by the Air Quality Development Authority in
the execution
of responsibilities as prescribed in Chapter 3706.
of the Revised
Code. Reimbursement shall be made by voucher and
completed in
accordance with the administrative indirect costs
allocation plan
approved by the Office of Budget and Management.
Section 215.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION
SERVICES
| GRF |
038401 |
|
Treatment Services |
|
$ |
37,125,594 |
|
$ |
35,357,594 |
| GRF |
038404 |
|
Prevention Services |
|
$ |
1,241,702 |
|
$ |
1,241,702 |
| GRF |
038626 |
|
Local Alcohol and Other Drug Subsidy - Federal Stimulus |
|
$ |
0 |
|
$ |
2,954,598 |
| TOTAL GRF General Revenue Fund |
|
$ |
38,367,296 |
|
$ |
39,553,894 |
| 5T90 |
038616 |
|
Problem Gambling Services |
|
$ |
335,000 |
|
$ |
335,000 |
| TOTAL GSF General Services Fund Group |
|
$ |
335,000 |
|
$ |
335,000 |
Federal Special Revenue Fund Group
| 3G30 |
038603 |
|
Drug Free Schools |
|
$ |
2,260,000 |
|
$ |
2,260,000 |
| 3G40 |
038614 |
|
Substance Abuse Block Grant |
|
$ |
71,500,000 |
|
$ |
71,500,000 |
| 3H80 |
038609 |
|
Demonstration Grants |
|
$ |
7,093,075 |
|
$ |
7,093,075 |
| 3J80 |
038610 |
|
Medicaid |
|
$ |
62,460,042 |
|
$ |
60,515,333 |
| 3N80 |
038611 |
|
Administrative Reimbursement |
|
$ |
500,000 |
|
$ |
500,000 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
143,813,117 |
|
$ |
141,868,408 |
State Special Revenue Fund Group
| 4750 |
038621 |
|
Statewide Treatment and Prevention |
|
$ |
18,000,000 |
|
$ |
18,000,000 |
| 5DH0 |
038620 |
|
Fetal Alcohol Spectrum Disorder |
|
$ |
327,500 |
|
$ |
327,500 |
| 6890 |
038604 |
|
Education and Conferences |
|
$ |
350,000 |
|
$ |
350,000 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
18,677,500 |
|
$ |
18,677,500 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
201,192,913 |
|
$ |
200,434,802 |
Section 217.10. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS
General Services Fund Group
| 4K90 |
891609 |
|
Operating Expenses |
|
$ |
522,055 |
|
$ |
550,718 |
| TOTAL GSF General Services Fund |
|
|
|
|
|
|
| Group |
|
$ |
522,055 |
|
$ |
550,718 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
522,055 |
|
$ |
550,718 |
Section 219.10. ART OHIO ARTS COUNCIL
| GRF |
370321 |
|
Operating Expenses |
|
$ |
2,072,545 |
|
$ |
2,072,545 |
| GRF |
370502 |
|
State Program Subsidies |
|
$ |
7,347,868 |
|
$ |
7,347,868 |
| TOTAL GRF General Revenue Fund |
|
$ |
9,420,413 |
|
$ |
9,420,413 |
General Services Fund Group
| 4600 |
370602 |
|
Management Expenses and Donations |
|
$ |
285,000 |
|
$ |
285,000 |
| 4B70 |
370603 |
|
Percent for Art Acquisitions |
|
$ |
500,000 |
|
$ |
500,000 |
| TOTAL GSF General Services Fund Group |
|
$ |
785,000 |
|
$ |
785,000 |
Federal Special Revenue Fund Group
| 3140 |
370601 |
|
Federal Support |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
| TOTAL FED Federal Special Revenue Fund Group |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
11,205,413 |
|
$ |
11,205,413 |
A museum is not eligible to receive funds from appropriation
item 370502, State
Program Subsidies, if $8,000,000 or more in
capital
appropriations were
appropriated by the state for the
museum
between January 1, 1986, and
December 31, 2002.
Section 221.10. ATH ATHLETIC COMMISSION
General Services Fund Group
| 4K90 |
175609 |
|
Operating Expenses |
|
$ |
255,850 |
|
$ |
255,850 |
| TOTAL GSF General Services Fund Group |
|
$ |
255,850 |
|
$ |
255,850 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
255,850 |
|
$ |
255,850 |
Section 223.10. AGO ATTORNEY GENERAL
| GRF |
055321 |
|
Operating Expenses |
|
$ |
46,499,699 |
|
$ |
46,499,699 |
| GRF |
055411 |
|
County Sheriffs' Pay Supplement |
|
$ |
757,921 |
|
$ |
757,921 |
| GRF |
055415 |
|
County Prosecutors' Pay Supplement |
|
$ |
831,499 |
|
$ |
831,499 |
| TOTAL GRF General Revenue Fund |
|
$ |
48,089,119 |
|
$ |
48,089,119 |
General Services Fund Group
| 1060 |
055612 |
|
General Reimbursement |
|
$ |
38,750,000 |
|
$ |
38,750,000 |
| 1950 |
055660 |
|
Workers' Compensation Section |
|
$ |
8,415,504 |
|
$ |
8,415,504 |
| 4180 |
055615 |
|
Charitable Foundations |
|
$ |
7,286,000 |
|
$ |
7,286,000 |
| 4200 |
055603 |
|
Attorney General Antitrust |
|
$ |
1,750,000 |
|
$ |
1,750,000 |
| 4210 |
055617 |
|
Police Officers' Training Academy Fee |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
| 4Z20 |
055609 |
|
BCI Asset Forfeiture and Cost Reimbursement |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
| 5900 |
055633 |
|
Peace Officer Private Security Fund |
|
$ |
98,370 |
|
$ |
98,370 |
| 5A90 |
055618 |
|
Telemarketing Fraud Enforcement |
|
$ |
7,500 |
|
$ |
7,500 |
| 5L50 |
055619 |
|
Law Enforcement Assistance Program |
|
$ |
1,457,852 |
|
$ |
0 |
| 6290 |
055636 |
|
Corrupt Activity Investigation and Prosecution |
|
$ |
15,000 |
|
$ |
15,000 |
| 6310 |
055637 |
|
Consumer Protection Enforcement |
|
$ |
3,500,000 |
|
$ |
3,500,000 |
| TOTAL GSF General Services Fund |
|
|
|
|
|
|
| Group |
|
$ |
64,280,226 |
|
$ |
62,822,374 |
Federal Special Revenue Fund Group
| 3060 |
055620 |
|
Medicaid Fraud Control |
|
$ |
3,879,672 |
|
$ |
3,879,672 |
| 3810 |
055611 |
|
Civil Rights Legal Service |
|
$ |
402,540 |
|
$ |
402,540 |
| 3830 |
055634 |
|
Crime Victims Assistance |
|
$ |
16,000,000 |
|
$ |
16,000,000 |
| 3E50 |
055638 |
|
Attorney General Pass-Through Funds |
|
$ |
3,030,000 |
|
$ |
3,030,000 |
| 3R60 |
055613 |
|
Attorney General Federal Funds |
|
$ |
5,115,000 |
|
$ |
5,115,000 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
28,427,212 |
|
$ |
28,427,212 |
State Special Revenue Fund Group
| 4020 |
055616 |
|
Victims of Crime |
|
$ |
29,000,000 |
|
$ |
28,000,000 |
| 4190 |
055623 |
|
Claims Section |
|
$ |
36,875,000 |
|
$ |
36,875,000 |
| 4L60 |
055606 |
|
DARE Programs |
|
$ |
3,927,962 |
|
$ |
3,927,962 |
| 4Y70 |
055608 |
|
Title Defect Rescission |
|
$ |
600,000 |
|
$ |
600,000 |
| 6590 |
055641 |
|
Solid and Hazardous Waste Background Investigations |
|
$ |
621,159 |
|
$ |
621,159 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
71,024,121 |
|
$ |
70,024,121 |
Holding Account Redistribution Fund Group
| R004 |
055631 |
|
General Holding Account |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
| R005 |
055632 |
|
Antitrust Settlements |
|
$ |
1,000 |
|
$ |
1,000 |
| R018 |
055630 |
|
Consumer Frauds |
|
$ |
750,000 |
|
$ |
750,000 |
| R042 |
055601 |
|
Organized Crime Commission Distributions |
|
$ |
25,025 |
|
$ |
25,025 |
| R054 |
055650 |
|
Collection Outside Counsel Payments |
|
$ |
4,500,000 |
|
$ |
4,500,000 |
| TOTAL 090 Holding Account |
|
|
|
|
|
|
| Redistribution Fund Group |
|
$ |
6,276,025 |
|
$ |
6,276,025 |
Tobacco Master Settlement Agreement Fund Group
| J087 |
055635 |
|
Law Enforcement Technology, Training, and Facility Enhancements |
|
$ |
1,987,073 |
|
$ |
0 |
| U087 |
055402 |
|
Tobacco Settlement Oversight, Administration, and Enforcement |
|
$ |
2,478,850 |
|
$ |
2,478,850 |
| TOTAL TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
4,465,923 |
|
$ |
2,478,850 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
222,562,626 |
|
$ |
218,117,701 |
COUNTY SHERIFFS' PAY SUPPLEMENT
The foregoing appropriation item 055411, County Sheriffs'
Pay Supplement, shall be used for the purpose of supplementing the
annual compensation of county sheriffs as required by section
325.06 of the Revised Code.
At the request of the Attorney General, the Director of
Budget and Management may transfer appropriation from
appropriation item 055321, Operating Expenses, to appropriation
item 055411, County Sheriffs' Pay Supplement. Any appropriation so
transferred shall be used to supplement the annual
compensation
of county sheriffs as required by section 325.06 of
the Revised
Code.
COUNTY PROSECUTORS' PAY SUPPLEMENT
The foregoing appropriation item 055415, County Prosecutors'
Pay Supplement, shall be used for the purpose of supplementing the
annual compensation of certain county prosecutors as required by
section 325.111 of the Revised Code.
At the request of the Attorney General, the Director of
Budget and Management may transfer appropriation from
appropriation item 055321, Operating Expenses, to appropriation
item 055415, County Prosecutors' Pay Supplement. Any
appropriation so transferred shall be used to
supplement the
annual compensation of county prosecutors as
required by section
325.111 of the Revised Code.
WORKERS' COMPENSATION SECTION
The Workers' Compensation Fund (Fund 1950) is
entitled
to
receive payments from the Bureau of Workers'
Compensation and
the
Ohio Industrial Commission at the beginning
of each quarter
of
each fiscal year to fund legal services to be
provided to the
Bureau of Workers' Compensation and the Ohio
Industrial
Commission
during the ensuing quarter. The advance
payment
shall
be subject
to adjustment.
In addition, the Bureau of Workers' Compensation shall
transfer
payments at the beginning of each quarter for the support
of the
Workers' Compensation Fraud Unit.
All amounts shall be mutually agreed upon by the Attorney
General, the Bureau of Workers' Compensation, and the Ohio
Industrial Commission.
CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION
The foregoing appropriation item 055636, Corrupt Activity
Investigation and Prosecution, shall be used as provided by
division (D)(2) of
section 2923.35 of the Revised Code to dispose
of the proceeds, fines, and
penalties credited to the Corrupt
Activity Investigation and Prosecution Fund,
which is created in
division (D)(1)(b) of section 2923.35 of the Revised
Code.
The foregoing appropriation item 055631, General Holding
Account, shall be used to distribute moneys under the terms of
relevant court orders or other settlements received in a variety
of
cases involving the Office of the Attorney General.
ATTORNEY GENERAL PASS-THROUGH FUNDS
The foregoing appropriation item 055638, Attorney General
Pass-Through Funds, shall be used to receive federal grant funds
provided to the Attorney General by other state agencies,
including, but not limited to, the Department of Youth Services
and the Department of Public Safety.
The foregoing appropriation item 055632, Antitrust
Settlements, shall be used to distribute court-ordered antitrust
settlements in which the Office of Attorney General represents the
state or a political subdivision under section 109.81 of the
Revised Code.
The foregoing appropriation item 055630, Consumer Frauds,
shall be used for distribution of moneys from court-ordered
judgments against sellers in actions brought by the Office of
Attorney General under sections 1334.08 and 4549.48 and division
(B) of section 1345.07 of the Revised Code. These moneys shall be
used to provide restitution to consumers victimized by the fraud
that generated the court-ordered judgments.
ORGANIZED CRIME COMMISSION DISTRIBUTIONS
The foregoing appropriation item 055601, Organized Crime
Commission Distributions, shall be used by the Organized Crime
Investigations Commission, as provided by section 177.011 of the
Revised Code, to reimburse political subdivisions for the expenses
the political subdivisions incur when their law enforcement
officers participate in an organized crime task force.
Effective July 1, 2009, or as soon as possible thereafter,
the Director of Budget and Management shall transfer the cash
balance in the Domestic Violence Shelters Fund (Fund 4170) to the
Reparations Fund (Fund 4020). Upon completion of the transfer,
Fund 4170 is abolished. Funds received for deposit in the state
treasury on or after July 1, 2009, that would otherwise have been
credited to Fund 4170 shall be credited to Fund 4020.
Effective July 1, 2009, or as soon as possible thereafter,
the Director of Budget and Management shall transfer the cash
balance in the Asbestos Abatement Distribution Fund (Fund 6740) to
the General Revenue Fund. Upon completion of the transfer, Fund
6740 is abolished.
Effective July 1, 2009, the Bingo License Refunds Fund (Fund
R003) is abolished.
Section 225.10. AUD AUDITOR OF STATE
| GRF |
070321 |
|
Operating Expenses |
|
$ |
30,029,775 |
|
$ |
30,029,775 |
| GRF |
070403 |
|
Fiscal Watch/Emergency Technical Assistance |
|
$ |
570,000 |
|
$ |
570,000 |
| TOTAL GRF General Revenue Fund |
|
$ |
30,599,775 |
|
$ |
30,599,775 |
Auditor of State Fund Group
| 1090 |
070601 |
|
Public Audit Expense - Intra-State |
|
$ |
11,000,000 |
|
$ |
11,000,000 |
| 4220 |
070602 |
|
Public Audit Expense - Local Government |
|
$ |
30,828,000 |
|
$ |
31,053,000 |
| 5840 |
070603 |
|
Training Program |
|
$ |
181,250 |
|
$ |
181,250 |
| 6750 |
070605 |
|
Uniform Accounting Network |
|
$ |
3,317,336 |
|
$ |
3,317,336 |
| TOTAL AUD Auditor of State Fund |
|
|
|
|
|
|
| Group |
|
$ |
45,326,586 |
|
$ |
45,551,586 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
75,926,361 |
|
$ |
76,151,361 |
FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE
The foregoing appropriation item 070403, Fiscal
Watch/Emergency Technical Assistance, shall be used for
expenses
incurred by the Office of the Auditor of State in its
role
relating to fiscal watch or fiscal emergency activities under
Chapters 118. and 3316. of the Revised Code. Expenses
include,
but
are not limited to, the following: duties
related to the
determination or termination of fiscal watch or
fiscal emergency
of municipal corporations, counties, townships, or school
districts;
development of
preliminary accounting reports;
performance of
annual forecasts;
provision of performance audits;
and
supervisory, accounting, or
auditing services for the
municipal corporations, counties, townships, or school districts.
An amount equal to the unexpended, unencumbered portion of
appropriation item 070403, Fiscal Watch/Emergency Technical
Assistance, at the end of fiscal year 2010 is hereby
reappropriated for the same purpose in fiscal year 2011.
Section 227.10. BRB BOARD OF BARBER EXAMINERS
General Services Fund Group
| 4K90 |
877609 |
|
Operating Expenses |
|
$ |
628,264 |
|
$ |
628,264 |
| TOTAL GSF General Services Fund |
|
|
|
|
|
|
| Group |
|
$ |
628,264 |
|
$ |
628,264 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
628,264 |
|
$ |
628,264 |
Section 229.10. OBM OFFICE OF BUDGET AND MANAGEMENT
| GRF |
042321 |
|
Budget Development and Implementation |
|
$ |
2,412,346 |
|
$ |
2,350,805 |
| GRF |
042410 |
|
National Association Dues |
|
$ |
30,448 |
|
$ |
31,361 |
| GRF |
042412 |
|
Audit of Auditor of State |
|
$ |
44,528 |
|
$ |
46,309 |
| GRF |
042413 |
|
Payment Issuance |
|
$ |
446,968 |
|
$ |
457,545 |
| GRF |
042416 |
|
Medicaid Agency Transition |
|
$ |
571,028 |
|
$ |
369,298 |
| GRF |
042435 |
|
Gubernatorial Transition |
|
$ |
0 |
|
$ |
250,000 |
| TOTAL GRF General Revenue Fund |
|
$ |
3,505,318 |
|
$ |
3,505,318 |
General Services Fund Group
| 1050 |
042603 |
|
State Accounting and Budgeting |
|
$ |
37,031,976 |
|
$ |
41,206,060 |
| 5N40 |
042602 |
|
OAKS Project Implementation |
|
$ |
2,100,000 |
|
$ |
2,100,000 |
| 5Z80 |
042608 |
|
Executive Medicaid Administration |
|
$ |
57,751 |
|
$ |
0 |
| TOTAL GSF General Services Fund Group |
|
$ |
39,189,727 |
|
$ |
43,306,060 |
Federal Special Revenue Fund Group
| 3CM0 |
042606 |
|
Medicaid Transition - Federal |
|
$ |
734,979 |
|
$ |
747,098 |
| TOTAL FED Federal Special Revenue Fund Group |
|
$ |
734,979 |
|
$ |
747,098 |
| 5EH0 |
042604 |
|
Forgery Recovery |
|
$ |
50,000 |
|
$ |
50,000 |
| TOTAL AGY Agency Fund Group |
|
$ |
50,000 |
|
$ |
50,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
43,480,024 |
|
$ |
47,608,476 |
Of the foregoing appropriation item 042603, State Accounting
and Budgeting, not more than $456,000 in fiscal year 2010 and
not
more than $467,000
in fiscal year 2011 shall be used to pay for
centralized
audit
costs associated with either Single Audit
Schedules or
financial statements prepared in conformance with
generally
accepted accounting principles for the state.
The Director of Budget and Management shall use the OAKS
Project Implementation Fund (Fund 5N40) and the Accounting and
Budgeting Fund (Fund 1050) to implement a Shared Services Center
within the Office of Budget and Management for the purpose of
consolidating statewide finance functions and common transactional
processes. The Director of Budget and Management shall transfer
the unobligated cash balance remaining in Fund 5N40 to the General
Revenue Fund before the end of fiscal year 2011.
Effective July 1, 2009, the Director of Budget and Management
shall include the recovery of costs to operate the Shared Services
Center in the accounting and budgeting services payroll rate and
through a direct charge using intrastate transfer vouchers to
agencies for services rendered. The Director of Budget and
Management shall determine the cost recovery methodology. Such
cost recovery revenues shall be deposited to the credit of Fund
1050.
Effective July 1, 2009, the Director of Budget and Management
may enter into any contract or agreement necessary to carry out
the director's duties set forth in this section or in division (C)
of section 126.21 of the Revised Code.
INTERNAL CONTROL AND AUDIT OVERSIGHT
Effective July 1, 2009, the Director of Budget and Management
shall include the recovery of costs to operate the Internal
Control and Audit Oversight Program in the accounting and
budgeting services payroll rate and through a direct charge using
intrastate transfer vouchers to agencies reviewed by the program.
The Director of Budget and Management, with advice from the
Internal Audit Advisory Council, shall determine the cost recovery
methodology. Such cost recovery revenues shall be deposited to the
credit of the Accounting and Budgeting Fund (Fund 1050).
The foregoing appropriation item 042604, Forgery Recovery,
shall be used to reissue warrants that have been certified as
forgeries by the rightful recipient as determined by the Bureau of
Criminal Identification and Investigation and the Treasurer of
State. Upon receipt of funds to cover the reissuance of the
warrant, the Director of Budget and Management shall reissue a
state warrant of the same amount.
Consistent with its responsibilities under Chapter 126. of
the Revised Code, the Director of Budget and Management shall
operate and maintain the financial management module of the
state's enterprise resource planning system, the Ohio
Administrative Knowledge System (OAKS). Effective July 1, 2009,
the Director of Budget and Management shall include in the
accounting and budgeting services payroll rate the recovery of the
estimated costs of the information technology services provided by
the Office of Information Technology in the Department of
Administrative Services in support of the financial management
module of OAKS, up to $9,610,874 in fiscal year 2010 and up to
$9,733,416 in fiscal year 2011. Such cost recovery revenues shall
be deposited to the credit of the Accounting and Budgeting Fund
(Fund 1050) and paid not less than quarterly to the OAKS Support
Organization Fund (Fund 5EB0) by intrastate transfer vouchers in
accordance with the budget and cost allocation plan approved by
the
Director of Budget and Management for each fiscal year of the
biennium. The Director of Administrative Services may offset this
proportional allocation with intrastate transfer voucher billings
to or cash transfers from other funds used by the Department of
Administrative Services to support costs paid from the OAKS
Support Organization Fund (Fund 5EB0).
Section 231.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD
| GRF |
874100 |
|
Personal Services |
|
$ |
1,873,368 |
|
$ |
1,873,368 |
| GRF |
874320 |
|
Maintenance and Equipment |
|
$ |
752,591 |
|
$ |
752,590 |
| TOTAL GRF General Revenue Fund |
|
$ |
2,625,959 |
|
$ |
2,625,958 |
General Services Fund Group
| 4G50 |
874603 |
|
Capitol Square
Education Center and Arts |
|
$ |
15,000 |
|
$ |
15,000 |
| 4S70 |
874602 |
|
Statehouse Gift Shop/Events |
|
$ |
799,995 |
|
$ |
794,651 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
814,995 |
|
$ |
809,651 |
Underground Parking Garage
| 2080 |
874601 |
|
Underground Parking Garage Operations |
|
$ |
2,923,224 |
|
$ |
2,979,615 |
| TOTAL UPG Underground Parking |
|
|
|
|
|
|
| Garage |
|
$ |
2,923,224 |
|
$ |
2,979,615 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
6,364,178 |
|
$ |
6,415,224 |
Of the foregoing appropriation item 874601, Underground
Parking Garage Operations, $48,000 in
each fiscal year shall be
used to meet all
payments at the times they are
required to be
made during the
period from July 1, 2009, to June
30, 2011, to
the
Ohio Building
Authority for bond service
charges relating
to the
purchase and
improvement of a warehouse acquired
pursuant to section 105.41 of the Revised Code, in which to store
items
of
the Capitol
Collection Trust and, whenever necessary,
equipment
or other
property of the Board.
Section 233.10. SCR STATE BOARD OF CAREER COLLEGES AND
SCHOOLS
General Services Fund Group
| 4K90 |
233601 |
|
Operating Expenses |
|
$ |
572,700 |
|
$ |
572,700 |
| TOTAL GSF General Services Fund Group |
|
$ |
572,700 |
|
$ |
572,700 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
572,700 |
|
$ |
572,700 |
Section 235.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD
General Services Fund Group
| 4K90 |
930609 |
|
Operating Expenses |
|
$ |
551,146 |
|
$ |
551,146 |
| TOTAL GSF General Services Fund Group |
|
$ |
551,146 |
|
$ |
551,146 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
551,146 |
|
$ |
551,146 |
Section 237.10. CHR STATE CHIROPRACTIC BOARD
General Services Fund Group
| 4K90 |
878609 |
|
Operating Expenses |
|
$ |
621,621 |
|
$ |
621,621 |
| TOTAL GSF General Services Fund Group |
|
$ |
621,621 |
|
$ |
621,621 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
621,621 |
|
$ |
621,621 |
Section 239.10. CIV OHIO CIVIL RIGHTS COMMISSION
| GRF |
876321 |
|
Operating Expenses |
|
$ |
5,441,317 |
|
$ |
5,441,317 |
| TOTAL GRF General Revenue Fund |
|
$ |
5,441,317 |
|
$ |
5,441,317 |
Federal Special Revenue Fund Group
| 3340 |
876601 |
|
Federal Programs |
|
$ |
3,876,500 |
|
$ |
3,281,500 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
3,876,500 |
|
$ |
3,281,500 |
State Special Revenue Fund Group
| 2170 |
876604 |
|
Operations Support |
|
$ |
8,000 |
|
$ |
8,000 |
| TOTAL SSR State Special |
|
|
|
|
|
|
| Revenue Fund Group |
|
$ |
8,000 |
|
$ |
8,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
9,325,817 |
|
$ |
8,730,817 |
Section 241.10. COM DEPARTMENT OF COMMERCE
| GRF |
800410 |
|
Labor and Worker Safety |
|
$ |
2,132,396 |
|
$ |
2,132,396 |
| Total GRF General Revenue Fund |
|
$ |
2,132,396 |
|
$ |
2,132,396 |
General Services Fund Group
| 1630 |
800620 |
|
Division of Administration |
|
$ |
7,270,049 |
|
$ |
7,411,286 |
| 1630 |
800637 |
|
Information Technology |
|
$ |
6,219,734 |
|
$ |
6,137,122 |
| 5430 |
800602 |
|
Unclaimed Funds-Operating |
|
$ |
9,948,085 |
|
$ |
9,948,085 |
| 5430 |
800625 |
|
Unclaimed Funds-Claims |
|
$ |
75,000,000 |
|
$ |
75,000,000 |
| 5F10 |
800635 |
|
Small Government Fire Departments |
|
$ |
300,000 |
|
$ |
300,000 |
| TOTAL GSF General Services Fund |
|
|
|
|
|
|
| Group |
|
$ |
98,737,868 |
|
$ |
98,796,493 |
Federal Special Revenue Fund Group
| 3480 |
800622 |
|
Underground Storage Tanks |
|
$ |
586,128 |
|
$ |
585,782 |
| 3480 |
800624 |
|
Leaking Underground Storage Tanks |
|
$ |
1,477,606 |
|
$ |
1,489,717 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
2,063,734 |
|
$ |
2,075,499 |
State Special Revenue Fund Group
| 4B20 |
800631 |
|
Real Estate Appraisal Recovery |
|
$ |
35,000 |
|
$ |
35,000 |
| 4H90 |
800608 |
|
Cemeteries |
|
$ |
273,465 |
|
$ |
273,465 |
| 4X20 |
800619 |
|
Financial Institutions |
|
$ |
2,233,031 |
|
$ |
2,221,395 |
| 5440 |
800612 |
|
Banks |
|
$ |
6,703,253 |
|
$ |
6,753,254 |
| 5450 |
800613 |
|
Savings Institutions |
|
$ |
2,286,615 |
|
$ |
2,307,019 |
| 5460 |
800610 |
|
Fire Marshal |
|
$ |
15,118,673 |
|
$ |
15,191,721 |
| 5460 |
800639 |
|
Fire Department Grants |
|
$ |
1,695,198 |
|
$ |
1,698,802 |
| 5470 |
800603 |
|
Real Estate Education/Research |
|
$ |
250,000 |
|
$ |
250,000 |
| 5480 |
800611 |
|
Real Estate Recovery |
|
$ |
50,000 |
|
$ |
50,000 |
| 5490 |
800614 |
|
Real Estate |
|
$ |
3,456,405 |
|
$ |
3,451,694 |
| 5500 |
800617 |
|
Securities |
|
$ |
4,761,545 |
|
$ |
4,411,545 |
| 5520 |
800604 |
|
Credit Union |
|
$ |
3,627,390 |
|
$ |
3,627,390 |
| 5530 |
800607 |
|
Consumer Finance |
|
$ |
5,367,260 |
|
$ |
5,148,702 |
| 5560 |
800615 |
|
Industrial Compliance |
|
$ |
25,753,662 |
|
$ |
26,713,417 |
| 5K70 |
800621 |
|
Penalty Enforcement |
|
$ |
150,000 |
|
$ |
150,000 |
| 5X60 |
800623 |
|
Video Service |
|
$ |
34,476 |
|
$ |
34,476 |
| 6530 |
800629 |
|
UST Registration/Permit Fee |
|
$ |
1,433,189 |
|
$ |
1,431,831 |
| 6A40 |
800630 |
|
Real Estate Appraiser-Operating |
|
$ |
664,006 |
|
$ |
664,006 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
73,893,168 |
|
$ |
74,413,717 |
Liquor Control Fund Group
| 7043 |
800601 |
|
Merchandising |
|
$ |
472,492,696 |
|
$ |
488,434,277 |
| 7043 |
800627 |
|
Liquor Control Operating |
|
$ |
13,776,430 |
|
$ |
14,313,346 |
| 7043 |
800633 |
|
Development Assistance Debt Service |
|
$ |
40,565,100 |
|
$ |
52,412,800 |
| 7043 |
800636 |
|
Revitalization Debt Service |
|
$ |
15,632,800 |
|
$ |
20,359,000 |
| TOTAL LCF Liquor Control |
|
|
|
|
|
|
| Fund Group |
|
$ |
542,467,026 |
|
$ |
575,519,423 |
Volunteer Firefighters' Dependents Fund Group
| 7085 |
8000985 |
|
Volunteer Firefighters' Dependents Fund |
|
$ |
300,000 |
|
$ |
300,000 |
| TOTAL 085 Volunteer Firefighters' Dependents Fund Group |
|
$ |
300,000 |
|
$ |
300,000 |
Revenue Distribution Fund Group
| 7066 |
800966 |
|
Undivided Liquor Permits |
|
$ |
14,100,000 |
|
$ |
14,100,000 |
| TOTAL RDF Revenue Distribution Fund Group |
|
$ |
14,100,000 |
|
$ |
14,100,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
733,694,192 |
|
$ |
767,337,528 |
SMALL GOVERNMENT FIRE DEPARTMENTS
Notwithstanding section 3737.17 of the Revised Code, the
foregoing
appropriation item 800635, Small Government Fire
Departments, may be used
to provide loans to private fire
departments.
The foregoing appropriation item 800625, Unclaimed
Funds-Claims, shall be used to pay claims under section
169.08 of
the Revised Code. If it is determined that additional
amounts are
necessary, the amounts are appropriated.
UNCLAIMED FUNDS TRANSFERS
Notwithstanding division (A) of section 169.05 of the Revised
Code, on or after December 1, 2009, the Director
of Budget and
Management shall request the Director of Commerce to transfer
to
the General Revenue Fund up to $200,000,000 of unclaimed funds
that have been reported by holders of unclaimed funds under
section 169.05 of the Revised Code, irrespective of the allocation
of the unclaimed funds under that section. After such request has
been made, the Director of Commerce shall transfer the funds prior
to June 30, 2010.
Notwithstanding division (A) of section 169.05 of the Revised
Code, on or after December 1, 2010, the Director
of Budget and
Management shall request the Director of Commerce to transfer
to
the General Revenue Fund up to $85,000,000 of unclaimed funds
that have been reported by holders of unclaimed funds under
section 169.05 of the Revised Code, irrespective of the allocation
of the unclaimed funds under that section. After such request has
been made, the Director of Commerce shall transfer the funds prior
to June 30, 2011.
Of the foregoing appropriation item 800639, Fire Department
Grants, up to $760,000 in each fiscal year shall be used to make
annual grants to volunteer fire departments of up to $10,000, or
up to $25,000 if the volunteer fire department provides service
for an area affected by a natural disaster. The grant program
shall be administered by the Fire Marshal. The Fire Marshal shall
adopt rules as are necessary for
the administration and operation
of the grant program.
Of the foregoing appropriation item 800639, Fire Department
Grants, up to $887,140 in each fiscal year shall be used as full
or partial reimbursement to local units of government and fire
departments for the cost of firefighter training and equipment or
gear. Under rules that the department shall adopt, a local unit of
government or fire department may apply to the department for a
grant to cover all documented costs that are incurred to provide
firefighter training and equipment or gear. The department shall
make grants within the limits of the funding provided, with
priority given to fire departments that serve small villages and
townships.
INCREASED APPROPRIATION - MERCHANDISING
The foregoing appropriation item 800601, Merchandising,
shall be used under section 4301.12 of the Revised Code. If it is
determined that additional expenditures are necessary, the amounts
are appropriated.
DEVELOPMENT ASSISTANCE DEBT SERVICE
The foregoing appropriation item 800633, Development
Assistance
Debt Service, shall be used to pay debt service and
related financing costs at the
times they are required to be made
during the period from July 1,
2009, to June 30, 2011, for bond
service charges on obligations
issued under Chapter 166. of the
Revised Code. If it is determined that
additional appropriations
are necessary for this purpose, such
amounts are appropriated,
subject to the limitations set forth in section
166.11 of the
Revised Code. An appropriation for this
purpose is
not required,
but is made in this form and in this act for record
purposes
only.
REVITALIZATION DEBT SERVICE
The foregoing appropriation item 800636, Revitalization Debt
Service, shall be used to pay debt service and related financing
costs under sections 151.01 and 151.40 of the Revised Code during
the period from July 1, 2009, to June 30, 2011. If it is
determined that additional appropriations
are necessary for this
purpose, such amounts are hereby
appropriated.
The
General
Assembly acknowledges the priority
of the pledge
of a
portion of
receipts from that source to
obligations issued
and to
be issued
under Chapter
166. of
the Revised Code.
ADMINISTRATIVE ASSESSMENTS
Notwithstanding any other provision of law to the contrary,
the Division of Administration Fund (Fund 1630) is entitled to
receive
assessments from all
operating
funds of the Department in
accordance with procedures
prescribed by the
Director of Commerce
and approved by the
Director of Budget and Management.
Section 241.20. ABOLISHMENT OF THE DIVISION OF LABOR AND
WORKER SAFETY AND THE DIVISION OF INDUSTRIAL COMPLIANCE IN THE
DEPARTMENT OF COMMERCE
The Division of Labor and Worker Safety in the
Department of
Commerce and the Division of Industrial Compliance
in the
Department of Commerce are hereby abolished on the
effective date
of section 121.04 of the Revised Code, as amended
by this act.
The Division of Labor shall supersede the Division of
Labor and
Worker Safety and Division of Industrial Compliance, and
the
Superintendent of Labor shall supersede the Superintendent of
Labor and Worker Safety and the Superintendent of Industrial
Compliance. The Superintendent of Labor or Division of Labor, as
applicable, shall succeed to and have and perform all the duties,
powers, and obligations pertaining to the duties, powers, and
obligations of the Superintendent and Division of Labor and Worker
Safety and the Superintendent and Division of Industrial
Compliance. For the purpose of the institution, conduct, and
completion of matters relating to its succession, the
Superintendent of Labor or the Division of Labor, as applicable,
is deemed to be the continuation of and successor under law to the
Superintendent and Division of Labor and Worker Safety or the
Superintendent and Division of Industrial Compliance, as
applicable. All rules, actions, determinations, commitments,
resolutions, decisions, and agreements pertaining to those duties,
powers, obligations, functions, and rights in force or in effect
on the effective date of section 121.04 of the Revised Code, as
amended by this act, shall continue in force and effect subject to
any further lawful action thereon by the Superintendent or
Division of Labor. Wherever the Superintendent of Labor and Worker
Safety, Division of Labor and Worker Safety, Superintendent of
Industrial Compliance, or Division of Industrial Compliance are
referred to in any provision of law, or in any agreement or
document that pertains to those duties, powers, obligations,
functions, and rights, the reference is to the Superintendent of
Labor or Division of Labor, as appropriate.
All authorized obligations and supplements thereto of the
Superintendent and Division of Labor and Worker Safety and the
Superintendent and Division of Industrial Compliance pertaining to
the duties, powers, and obligations transferred are binding on the
Superintendent or Division of Labor, as applicable, and nothing in
this act impairs the obligations or rights thereunder or under any
contract. The abolition of the Division of Labor and Worker Safety
and the Division of Industrial Compliance and the transfer of the
duties, powers, and obligations of the Superintendent and Division
of Labor and Worker Safety and the Superintendent and Division of
Industrial Compliance do not affect the validity of agreements or
obligations made by those superintendents or divisions pursuant to
Chapters 121., 3703., 3781., 3791., 4104., 4105., and 4740. of the
Revised Code or any other provisions of law.
In connection with the transfer of duties, powers,
obligations, functions, and rights and abolition of the Division
of Labor and Worker Safety and the Division of Industrial
Compliance, all real property and interest therein, documents,
books, money, papers, records, machinery, furnishings, office
equipment, furniture, and all other property over which the
Superintendent and Division of Labor and Worker Safety or the
Superintendent and Division of Industrial Compliance has control
pertaining to the duties, powers, and obligations transferred and
the rights of the Superintendent and Division of Labor and Worker
Safety and the Superintendent and Division of Industrial
Compliance to enforce or receive any of the aforesaid is
automatically transferred to the Superintendent and Division of
Labor without necessity for further action on the part of the
Superintendent, Division of Labor, or the Director of Commerce.
Additionally, all appropriations or reappropriations made to the
Superintendent and Division of Labor and Worker Safety and the
Superintendent and Division of Industrial Compliance for the
purposes of the performance of their duties, powers, and
obligations, are transferred to the Superintendent and Division of
Labor to the extent of the remaining unexpended or unencumbered
balance thereof, whether allocated or unallocated, and whether
obligated or unobligated.
Section 243.10. OCC OFFICE OF CONSUMERS' COUNSEL
General Services Fund Group
| 5F50 |
053601 |
|
Operating Expenses |
|
$ |
9,543,196 |
|
$ |
9,377,610 |
| TOTAL GSF General Services Fund Group |
|
$ |
9,543,196 |
|
$ |
9,377,610 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
9,543,196 |
|
$ |
9,377,610 |
Section 245.10. CEB CONTROLLING BOARD
| GRF |
911401 |
|
Emergency Purposes/Contingencies |
|
$ |
4,000,000 |
|
$ |
4,000,000 |
| GRF |
911404 |
|
Mandate Assistance |
|
$ |
545,417 |
|
$ |
545,417 |
| GRF |
911441 |
|
Ballot Advertising Costs |
|
$ |
487,600 |
|
$ |
487,600 |
| TOTAL GRF General Revenue Fund |
|
$ |
5,033,017 |
|
$ |
5,033,017 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
5,033,017 |
|
$ |
5,033,017 |
DISASTER SERVICES FUND TRANSFERS TO THE EMERGENCY
PURPOSES/CONTINGENCIES APPROPRIATION LINE ITEM
The Controlling Board may, at the request
of any state
agency or the Director of Budget and Management,
transfer all or
part of the appropriation in appropriation item
911401, Emergency
Purposes/Contingencies, for the purpose of
providing disaster and
emergency situation aid to state agencies
and political
subdivisions in the event of disasters and emergency
situations
or for the other purposes noted in this section,
including, but
not limited to, costs related to the disturbance
that occurred on
April 11, 1993, at the Southern Ohio Correctional
Facility in
Lucasville, Ohio.
In transferring appropriations to or from appropriation
items
that have federal shares identified in this act, the
Controlling
Board shall add or
subtract corresponding amounts of federal
matching funds at the
percentages indicated by the state and
federal division of the
appropriations in this act.
Such
changes
are hereby appropriated.
Pursuant to requests submitted by the Department of Public
Safety, the Controlling Board may approve transfers from
appropriation item 911401, Emergency Purposes/Contingencies, to
appropriation items used by the Department of Public Safety to
provide funding
for assistance
to political subdivisions and
individuals made
necessary by natural disasters or
emergencies.
Such transfers may
be requested and approved prior to or
following
the occurrence of
any specific natural disasters or
emergencies in
order to
facilitate the provision of timely
assistance.
Pursuant to requests submitted by the Department of Public
Safety, the Controlling Board may approve transfers from the
Disaster Services Fund (5E20) to a
fund and appropriation item
used by the Department of Public Safety to provide for assistance
to
political
subdivisions made necessary by natural disasters or
emergencies.
These transfers may be requested and approved prior
to the
occurrence of any specific natural disasters or
emergencies in
order to facilitate the provision of timely
assistance. The
Emergency Management Agency of the Department of
Public Safety
shall use the funding to fund the State Disaster
Relief Program
for disasters that have been declared by the
Governor, and the
State Individual Assistance Program for
disasters that have been
declared by the Governor and the federal
Small Business
Administration. The Ohio Emergency Management
Agency shall publish
and make available application packets
outlining procedures for
the State Disaster Relief Program and
the State Individual
Assistance Program.
Fund 5E20 shall be used by the
Controlling Board, pursuant
to requests submitted by state
agencies, to transfer cash and
appropriations to any fund
and appropriation item for the payment
of state agency disaster
relief program expenses
for disasters
declared by the Governor,
if the Director of Budget and
Management determines that
sufficient funds exist.
SOUTHERN OHIO CORRECTIONAL FACILITY COST
The Division of Criminal Justice Services in the Department
of Public Safety and the Public
Defender Commission may each
request, upon approval of the
Director of Budget and Management,
additional funds from appropriation item 911401, Emergency
Purposes/Contingencies, for costs related to the disturbance that
occurred on April 11, 1993, at the Southern Ohio Correctional
Facility in Lucasville, Ohio.
(A) The foregoing appropriation item 911404, Mandate
Assistance, shall be used to provide financial assistance to
local
units of government and school districts for
the cost of the
following two state
mandates:
(1) The cost to county prosecutors for prosecuting certain
felonies that occur on the grounds of state institutions
operated
by the Department of Rehabilitation and Correction and
the
Department of Youth Services;
(2) The cost to school districts of in-service training for
child abuse detection.
(B) The Division of Criminal
Justice Services in the
Department of Public Safety and the Department of Education may
prepare
and
submit to the Controlling Board one or more requests
to
transfer
appropriations from appropriation item 911404,
Mandate
Assistance.
The
state
agencies charged with this
administrative
responsibility are
listed below, as well as the
estimated annual
amounts that may be used for each
program
of
state financial
assistance.
|
|
|
|
ESTIMATED |
|
|
ADMINISTERING |
|
ANNUAL |
| PROGRAM |
|
AGENCY |
|
AMOUNT |
| Prosecution Costs |
|
Division of Criminal |
|
$125,446 |
|
|
Justice Services |
|
|
| Child Abuse Detection Training Costs |
|
Department of Education |
|
$419,971 |
(C) Subject to the total amount appropriated in each fiscal
year
for appropriation item 911404, Mandate Assistance, the
Division of Criminal Justice Services
and the Department of
Education may request from the
Controlling
Board that
amounts
smaller or larger than these
estimated annual
amounts be
transferred to each program.
(D) In addition to making the initial transfers requested by
the Division of Criminal Justice
Services and the Department of
Education, the Controlling
Board
may transfer appropriations
received by a state
agency
under
this
section back to
appropriation item 911404, Mandate
Assistance, or
to the other
program of state
financial assistance
identified under this
section.
(E) It is expected that not all costs incurred by local
units
of
government and school districts under
each of
the two programs
of state financial assistance
identified in
this section will be
fully reimbursed by the
state. Reimbursement levels may
vary by
program and shall be
based on:
the relationship between the
appropriation transfers
requested
by the Division of Criminal
Justice Services and the
Department of Education and provided by
the Controlling Board
for
each
of the programs; the rules and
procedures established for
each
program by the administering state
agency;
and the actual
costs incurred by local units of
government and school
districts.
(F) Each of these programs of state financial assistance
shall be
carried out as follows:
(a) Appropriations may be transferred to the Division of
Criminal
Justice Services to
cover local prosecution costs for
aggravated
murder, murder,
felonies of the first degree, and
felonies of
the second degree
that occur on the grounds of
institutions
operated by the
Department of Rehabilitation and
Correction and
the Department of
Youth Services.
(b) Upon a delinquency filing in juvenile court or the
return
of
an indictment for aggravated murder, murder, or any
felony of
the first or second degree that was committed at a
Department of
Youth Services or a Department of Rehabilitation and
Correction
institution, the affected county may, in accordance
with rules
that the Division of Criminal Justice Services shall
adopt, apply
to the Division
of Criminal
Justice Services for a
grant to
cover
all documented costs that
are incurred by the
county
prosecutor's
office.
(c) Twice each year, the Division of Criminal Justice
Services
shall designate
counties to
receive grants from those
counties
that have submitted
one or
more applications in
compliance with
the rules that have
been
adopted by the Division
of Criminal Justice
Services for the
receipt of such
grants. In
each
year's first
round of grant
awards, if sufficient
appropriations have been
made, up to a total
of $100,000
may be
awarded. In each year's
second round of grant
awards, the
remaining appropriations
available for this purpose
may be
awarded.
(d) If for a given round of grants there are insufficient
appropriations to make grant awards to all the eligible
counties,
the first priority shall be given to counties with
cases involving
aggravated murder and murder; second priority
shall be given to
counties with
cases involving a felony of the first
degree; and
third priority
shall be given to counties with cases involving a
felony of the second degree.
Within these priorities, the grant
awards shall be based on the
order in which the applications
were
received, except that
applications for cases involving a
felony of
the first or second
degree shall not be considered in
more than
two consecutive rounds
of grant awards.
(2) CHILD ABUSE DETECTION TRAINING COSTS
Appropriations may be transferred to the Department of
Education
for payment to local school districts as full or
partial
reimbursement for the cost of providing in-service
training for
child abuse detection. In accordance with rules that
the
Department shall adopt, a local school district may apply to
the
Department for a grant to cover all documented costs that are
incurred to provide in-service training for child abuse
detection.
The department shall make grants within the limits of
the funding
provided.
(G) Any moneys allocated within appropriation item 911404,
Mandate Assistance, not fully utilized may, upon application
of
the Ohio Public Defender Commission, and with the approval
of the
Controlling
Board, be paid to boards of
county
commissioners
to
provide additional reimbursement for the costs incurred by
counties in providing defense to indigent defendants pursuant to
Chapter 120. of the Revised Code. Application for the unutilized
funds shall be made by the Ohio Public Defender Commission at the
first June meeting of the Controlling Board.
The
amount to be paid to each
county shall be allocated
proportionately on the basis of the total amount of reimbursement
paid to each county as a percentage of the amount of reimbursement
paid to all of the counties during the most recent state fiscal
year for which data is available and as calculated by the Ohio
Public Defender Commission.
Pursuant to requests submitted by the
Ohio Ballot Board,
the
Controlling Board
shall approve transfers
from the foregoing
appropriation item 911441, Ballot
Advertising
Costs, to an
appropriation item used by the Ohio Ballot Board in order to
reimburse county boards of elections for the
cost
of public
notices associated with
statewide
ballot
initiatives.
Section 247.10. COS STATE BOARD OF COSMETOLOGY
General Services Fund Group
| 4K90 |
879609 |
|
Operating Expenses |
|
$ |
3,533,679 |
|
$ |
3,533,679 |
| TOTAL GSF General Services Fund |
|
|
|
|
|
|
| Group |
|
$ |
3,533,679 |
|
$ |
3,533,679 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
3,533,679 |
|
$ |
3,533,679 |
Section 249.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE
AND FAMILY THERAPIST BOARD
General Services Fund Group
| 4K90 |
899609 |
|
Operating Expenses |
|
$ |
1,179,774 |
|
$ |
1,179,774 |
| TOTAL GSF General Services Fund |
|
|
|
|
|
|
| Group |
|
$ |
1,179,774 |
|
$ |
1,179,774 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,179,774 |
|
$ |
1,179,774 |
Section 251.10. CLA COURT OF CLAIMS
| GRF |
015321 |
|
Operating Expenses |
|
$ |
2,699,369 |
|
$ |
2,780,350 |
| TOTAL GRF General Revenue Fund |
|
$ |
2,699,369 |
|
$ |
2,780,350 |
State Special Revenue Fund Group
| 5K20 |
015603 |
|
CLA Victims of Crime |
|
$ |
1,582,684 |
|
$ |
1,582,684 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
1,582,684 |
|
$ |
1,582,684 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
4,282,053 |
|
$ |
4,363,034 |
Section 253.10. AFC OHIO CULTURAL FACILITIES
COMMISSION
| GRF |
371321 |
|
Operating Expenses |
|
$ |
140,909 |
|
$ |
140,909 |
| GRF |
371401 |
|
Lease Rental Payments |
|
$ |
26,454,900 |
|
$ |
28,301,600 |
| TOTAL GRF General Revenue Fund |
|
$ |
26,595,809 |
|
$ |
28,442,509 |
State Special Revenue Fund Group
| 4T80 |
371601 |
|
Riffe Theatre Equipment Maintenance |
|
$ |
81,000 |
|
$ |
81,000 |
| 4T80 |
371603 |
|
Project Administration Services |
|
$ |
1,302,866 |
|
$ |
1,302,866 |
| TOTAL SSR State Special Revenue Group |
|
$ |
1,383,866 |
|
$ |
1,383,866 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
27,979,675 |
|
$ |
29,826,375 |
The foregoing
appropriation item 371401, Lease Rental
Payments, shall be used to meet all payments from the Ohio
Cultural Facilities Commission to the Treasurer of State during
the period from July 1, 2009, to June 30, 2011, under the primary
leases and agreements for those arts and sports facilities made
under Chapters 152. and 154. of the Revised Code. This
appropriation is the source of
funds pledged for bond service
charges on related obligations
issued under Chapters 152.
and
154. of the Revised Code.
The foregoing appropriation item 371321, Operating Expenses,
shall be used by the Ohio Cultural
Facilities Commission to
carry
out its responsibilities under this section and
Chapter 3383. of
the Revised Code.
By the tenth day following each calendar quarter in each
fiscal year, or as soon as possible thereafter, the Director of
Budget and Management shall determine the amount of cash from
interest earnings to be transferred from the Cultural and Sports
Facilities Building Fund (Fund 7030) to the Cultural Facilities
Commission Administration Fund (Fund 4T80).
As soon as possible after each bond issuance made on behalf
of the Cultural Facilities Commission, the Director of Budget and
Management shall determine the amount of cash from any premium
paid on each issuance that is available to be transferred after
all issuance costs have been paid from the Cultural and Sports
Facilities Building Fund (Fund 7030) to the Cultural Facilities
Commission Administration Fund (Fund 4T80).
CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS
The Executive Director of the Cultural Facilities Commission
shall certify to the Director of Budget and Management the amount
of cash receipts and related investment income, irrevocable
letters of credit from a bank, or certification of the
availability of funds that have been received from a county or a
municipal corporation for deposit into the Capital Donations Fund
(Fund 5A10) and that are related to an anticipated project. These
amounts are hereby appropriated to appropriation item C37146,
Capital Donations. Prior to certifying these amounts to the
Director, the Executive Director shall make a written agreement
with the participating entity on the necessary cash flows required
for the anticipated construction or equipment acquisition project.
Section 255.10. DEN STATE DENTAL BOARD
General Services Fund Group
| 4K90 |
880609 |
|
Operating Expenses |
|
$ |
1,528,749 |
|
$ |
1,528,749 |
| TOTAL GSF General Services Fund |
|
|
|
|
|
|
| Group |
|
$ |
1,528,749 |
|
$ |
1,528,749 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,528,749 |
|
$ |
1,528,749 |
Section 257.10. BDP BOARD OF DEPOSIT
General Services Fund Group
| 4M20 |
974601 |
|
Board of Deposit |
|
$ |
1,876,000 |
|
$ |
1,876,000 |
| TOTAL GSF General Services Fund |
|
|
|
|
|
|
| Group |
|
$ |
1,876,000 |
|
$ |
1,876,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,876,000 |
|
$ |
1,876,000 |
BOARD OF DEPOSIT EXPENSE FUND
Upon receiving certification of
expenses from the Treasurer
of State, the Director of Budget and Management
shall transfer
cash from the Investment Earnings Redistribution Fund (Fund 6080)
to
the Board of Deposit Expense Fund (Fund 4M20).
The latter fund
shall
be used pursuant to section 135.02 of the Revised Code to
pay for any and all necessary expenses of the Board of Deposit or
for banking charges and
fees required for the
operation of the
State of Ohio Regular Account.
Section 259.10. DEV DEPARTMENT OF DEVELOPMENT
| GRF |
195401 |
|
Thomas Edison Program |
|
$ |
15,796,751 |
|
$ |
15,796,751 |
| GRF |
195404 |
|
Small Business Development |
|
$ |
1,565,770 |
|
$ |
1,565,770 |
| GRF |
195405 |
|
Minority Business Enterprise Division |
|
$ |
1,238,528 |
|
$ |
1,238,528 |
| GRF |
195407 |
|
Travel and Tourism |
|
$ |
1,399,410 |
|
$ |
1,399,410 |
| GRF |
195412 |
|
Rapid Outreach Grants |
|
$ |
9,000,000 |
|
$ |
9,000,000 |
| GRF |
195415 |
|
Strategic Business Investment Division and Regional Offices |
|
$ |
5,882,129 |
|
$ |
5,882,129 |
| GRF |
195416 |
|
Governor's Office of Appalachia |
|
$ |
4,508,741 |
|
$ |
4,508,741 |
| GRF |
195422 |
|
Technology Action |
|
$ |
3,500,000 |
|
$ |
3,500,000 |
| GRF |
195426 |
|
Clean Ohio Implementation |
|
$ |
168,365 |
|
$ |
168,365 |
| GRF |
195432 |
|
Global Markets |
|
$ |
3,889,566 |
|
$ |
3,889,566 |
| GRF |
195434 |
|
Industrial Training Grants |
|
$ |
11,334,893 |
|
$ |
11,334,893 |
| GRF |
195436 |
|
Labor/Management Cooperation |
|
$ |
752,603 |
|
$ |
752,603 |
| GRF |
195497 |
|
CDBG Operating Match |
|
$ |
1,056,075 |
|
$ |
1,056,075 |
| GRF |
195498 |
|
State Match Energy |
|
$ |
96,820 |
|
$ |
96,820 |
| GRF |
195501 |
|
Appalachian Local Development Districts |
|
$ |
391,482 |
|
$ |
391,482 |
| GRF |
195502 |
|
Appalachian Regional Commission Dues |
|
$ |
221,924 |
|
$ |
221,924 |
| GRF |
195507 |
|
Travel and Tourism Grants |
|
$ |
500,000 |
|
$ |
500,000 |
| GRF |
195520 |
|
Ohio Main Street Program |
|
$ |
575,000 |
|
$ |
75,000 |
| GRF |
195521 |
|
Discover Ohio! |
|
$ |
6,800,903 |
|
$ |
6,800,903 |
| GRF |
195522 |
|
Targeted Industry Training Grants |
|
$ |
3,800,000 |
|
$ |
3,800,000 |
| GRF |
195523 |
|
Workforce Retention & Attraction |
|
$ |
500,000 |
|
$ |
500,000 |
| GRF |
195905 |
|
Third Frontier Research & Development General Obligation Debt Service |
|
$ |
20,948,300 |
|
$ |
29,011,600 |
| GRF |
195912 |
|
Job Ready Site Development General Obligation Debt Service |
|
$ |
5,685,400 |
|
$ |
10,601,900 |
| TOTAL GRF General Revenue Fund |
|
$ |
99,612,660 |
|
$ |
112,092,460 |
General Services Fund Group
| 1350 |
195684 |
|
Supportive Services |
|
$ |
12,162,444 |
|
$ |
12,184,444 |
| 4W10 |
195646 |
|
Minority Business Enterprise Loan |
|
$ |
2,580,597 |
|
$ |
2,580,597 |
| 5AD0 |
195677 |
|
Economic Development Contingency |
|
$ |
4,000,000 |
|
$ |
4,000,000 |
| 5DU0 |
195689 |
|
Energy Projects |
|
$ |
840,000 |
|
$ |
840,000 |
| 5W50 |
195690 |
|
Travel and Tourism Cooperative Projects |
|
$ |
350,000 |
|
$ |
350,000 |
| 6850 |
195636 |
|
Direct Cost Recovery Expenditures |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
| TOTAL GSF General Services Fund |
|
|
|
|
|
|
| Group |
|
$ |
20,933,041 |
|
$ |
20,955,041 |
Federal Special Revenue Fund Group
| 3080 |
195602 |
|
Appalachian Regional Commission |
|
$ |
475,000 |
|
$ |
475,000 |
| 3080 |
195603 |
|
Housing and Urban Development |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
| 3080 |
195605 |
|
Federal Projects |
|
$ |
27,000,000 |
|
$ |
27,000,000 |
| 3080 |
195609 |
|
Small Business Administration |
|
$ |
5,011,381 |
|
$ |
5,011,381 |
| 3080 |
195618 |
|
Energy Federal Grants |
|
$ |
3,400,000 |
|
$ |
3,400,000 |
| 3350 |
195610 |
|
Energy Conservation and Emerging Technology |
|
$ |
1,800,000 |
|
$ |
1,100,000 |
| 3AE0 |
195643 |
|
Workforce Development Initiatives |
|
$ |
17,000,000 |
|
$ |
16,500,000 |
| 3K80 |
195613 |
|
Community Development Block Grant |
|
$ |
65,000,000 |
|
$ |
65,000,000 |
| 3K90 |
195611 |
|
Home Energy Assistance Block Grant |
|
$ |
115,743,608 |
|
$ |
115,743,608 |
| 3K90 |
195614 |
|
HEAP Weatherization |
|
$ |
22,000,000 |
|
$ |
22,000,000 |
| 3L00 |
195612 |
|
Community Services Block Grant |
|
$ |
25,235,000 |
|
$ |
25,235,000 |
| 3V10 |
195601 |
|
HOME Program |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
328,664,989 |
|
$ |
327,464,989 |
State Special Revenue Fund Group
| 4440 |
195607 |
|
Water and Sewer Commission Loans |
|
$ |
500,000 |
|
$ |
500,000 |
| 4500 |
195624 |
|
Minority Business Bonding Program Administration |
|
$ |
53,967 |
|
$ |
53,967 |
| 4510 |
195625 |
|
Economic Development Financing Operating |
|
$ |
3,433,311 |
|
$ |
3,433,311 |
| 4F20 |
195639 |
|
State Special Projects |
|
$ |
400,000 |
|
$ |
400,000 |
| 4F20 |
195676 |
|
Marketing Initiatives |
|
$ |
6,100,000 |
|
$ |
6,100,000 |
| 4F20 |
195699 |
|
Utility Provided Funds |
|
$ |
500,000 |
|
$ |
500,000 |
| 4S00 |
195630 |
|
Tax Incentive Programs |
|
$ |
650,800 |
|
$ |
650,800 |
| 5CG0 |
195679 |
|
Alternative Fuel Transportation |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
| 5M40 |
195659 |
|
Low Income Energy Assistance |
|
$ |
245,000,000 |
|
$ |
245,000,000 |
| 5M50 |
195660 |
|
Advanced Energy Programs |
|
$ |
17,000,000 |
|
$ |
17,000,000 |
| 5W60 |
195691 |
|
International Trade Cooperative Projects |
|
$ |
25,000 |
|
$ |
0 |
| 5X10 |
195651 |
|
Exempt Facility Inspection |
|
$ |
8,000 |
|
$ |
0 |
| 6110 |
195631 |
|
Water and Sewer Administration |
|
$ |
10,000 |
|
$ |
10,000 |
| 6170 |
195654 |
|
Volume Cap Administration |
|
$ |
200,000 |
|
$ |
200,000 |
| 6460 |
195638 |
|
Low- and Moderate- Income Housing Trust Fund |
|
$ |
53,000,000 |
|
$ |
53,000,000 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
327,881,078 |
|
$ |
327,848,078 |
Facilities Establishment Fund Group
| 4Z60 |
195647 |
|
Rural Industrial Park Loan |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
| 5D20 |
195650 |
|
Urban Redevelopment Loans |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
| 5S80 |
195627 |
|
Rural Development Initiative |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
| 5S90 |
195628 |
|
Capital Access Loan Program |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
| 7008 |
195698 |
|
Logistics & Distribution Infrastructure |
|
$ |
75,000,000 |
|
$ |
25,000,000 |
| 7009 |
195664 |
|
Innovation Ohio |
|
$ |
20,000,000 |
|
$ |
20,000,000 |
| 7010 |
195665 |
|
Research and Development |
|
$ |
35,000,000 |
|
$ |
35,000,000 |
| 7037 |
195615 |
|
Facilities Establishment |
|
$ |
65,000,000 |
|
$ |
65,000,000 |
| TOTAL 037 Facilities |
|
|
|
|
|
|
| Establishment Fund Group |
|
$ |
209,000,000 |
|
$ |
159,000,000 |
Clean Ohio Revitalization Fund
| 7003 |
195663 |
|
Clean Ohio Operating |
|
$ |
964,200 |
|
$ |
953,300 |
| TOTAL 7003 Clean Ohio Revitalization Fund |
|
$ |
964,200 |
|
$ |
953,300 |
Third Frontier Research & Development Fund Group
| 7011 |
195687 |
|
Third Frontier Research & Development Projects |
|
$ |
55,000,000 |
|
$ |
55,000,000 |
| 7014 |
195692 |
|
Research & Development Taxable Bond Projects |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
| TOTAL 011 Third Frontier Research & Development Fund Group |
|
$ |
61,000,000 |
|
$ |
61,000,000 |
Job Ready Site Development Fund Group
| 7012 |
195688 |
|
Job Ready Site Operating |
|
$ |
1,246,155 |
|
$ |
1,246,155 |
| TOTAL 012 Job Ready Site Development Fund Group |
|
$ |
1,246,155 |
|
$ |
1,246,155 |
Tobacco Master Settlement Agreement Fund Group
| 5Z30 |
195694 |
|
Jobs Fund Bioproducts |
|
$ |
40,000,000 |
|
$ |
10,000,000 |
| 5Z30 |
195695 |
|
Jobs Fund Biomedical |
|
$ |
80,000,000 |
|
$ |
20,000,000 |
| M087 |
195435 |
|
Biomedical Research and Technology Transfer |
|
$ |
1,257,363 |
|
$ |
1,259,563 |
| TOTAL TSF Tobacco Master Settlement Agreement Fund Group |
|
$ |
121,257,363 |
|
$ |
31,259,563 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,170,559,486 |
|
$ |
1,041,819,586 |
Section 259.10.10. THOMAS EDISON PROGRAM
The foregoing appropriation item 195401, Thomas Edison
Program,
shall be used
for the purposes of sections 122.28 to
122.38 of the Revised Code. Of the
foregoing appropriation item
195401, Thomas Edison Program, not
more than ten per cent in each
fiscal year shall be used for
operating expenditures in
administering the programs of the
Technology and Innovation
Division.
Section 259.10.20. SMALL BUSINESS DEVELOPMENT
The foregoing appropriation item 195404, Small Business
Development,
shall be used as
matching
funds for grants from the
United States Small Business
Administration and
other federal
agencies, pursuant to Pub. L.
No. 96-302 (1980) as amended by
Pub.
L. No. 98-395
(1984), and
regulations and policy guidelines for
the programs pursuant thereto. This appropriation item also may be
used to provide grants to local organizations to support the
operation of small business development centers and other local
economic development activities that promote small business
development and entrepreneurship.
Section 259.10.30. RAPID OUTREACH GRANTS
The foregoing appropriation item 195412, Rapid Outreach
Grants, shall be used as an incentive for attracting, expanding,
and
retaining
business opportunities for the state. Projects
offering substantial opportunities for new, expanding, or retained
business operations in
Ohio, are
eligible for grant funding. The
projects must create or retain
a
significant number of jobs for
Ohioans. An award of grant funds is reserved for only those
instances in which Ohio's ability to attract, retain, or assist
with an expansion of a project depends on an
award of funds from
appropriation item 195412, Rapid Outreach
Grants.
The department's primary goal shall be to award funds
directly to business entities considering Ohio for their
expansion
or new site location opportunities. Rapid Outreach
grants shall be
used by recipients to purchase equipment, make
infrastructure
improvements, make real property improvements, or
fund other fixed
assets. To meet the particular needs of economic
development in a
region, the department may elect to award funds
directly to a
political subdivision to assist with making on- or
off-site
infrastructure
improvements to water
and sewage
treatment
facilities, electric
or gas
service connections, fiber
optic
access, rail
facilities, site
preparation, and parking
facilities.
The
Director of Development
may recommend that the
funds be used
for
alternative purposes when
considered
appropriate to satisfy an
economic
development
opportunity or
need deemed extraordinary in
nature by the Director.
The foregoing appropriation item 195412, Rapid Outreach
Grants, may be expended only after the submission of a
request to
the Controlling Board by the Department of Development
outlining
the planned use of the funds, and the subsequent
approval of the
request by the Controlling Board.
The foregoing appropriation item 195412, Rapid Outreach
Grants, may be used for, but is not limited to,
construction,
rehabilitation, and acquisition projects for rail
freight
assistance as requested by the Department of
Transportation. The
Director of Transportation shall submit the
proposed projects to
the Director of Development for an
evaluation
of potential
economic benefit.
Section 259.10.40. STRATEGIC BUSINESS INVESTMENT DIVISION AND
REGIONAL
OFFICES
The foregoing appropriation item 195415, Strategic Business
Investment
Division and Regional Offices, shall be used for the
operating
expenses
of the Strategic Business Investment Division
and the
regional
economic
development offices and for grants for
cooperative
economic
development ventures.
Section 259.10.50. GOVERNOR'S OFFICE OF APPALACHIA
The foregoing appropriation item 195416, Governor's
Office
of
Appalachia,
may be used for the administrative costs of
planning
and
liaison activities
for the Governor's Office of
Appalachia,
to provide financial assistance to projects in
Ohio's
Appalachian counties, and to match federal funds from the
Appalachian Regional Commission.
Section 259.10.60. TECHNOLOGY ACTION
The foregoing appropriation item 195422, Technology
Action,
shall be used
for operating expenses the Department of
Development incurs for administering sections 184.10 to 184.20 of
the Revised Code. If the appropriation is insufficient to cover
the operating expenses, the Department may request Controlling
Board approval to appropriate the additional amount needed in
appropriation item 195686, Third Frontier
Operating. The
Department shall not request an amount in excess of
the amount
needed.
Section 259.10.70. CLEAN OHIO IMPLEMENTATION
The foregoing appropriation item 195426, Clean Ohio
Implementation, shall be used to fund the costs of administering
the Clean Ohio Revitalization program and other urban
revitalization programs that may be implemented by the Department
of Development.
Section 259.10.80. GLOBAL MARKETS
The foregoing appropriation item 195432, Global Markets,
shall be used
to administer Ohio's foreign trade and investment
programs, including operation and maintenance of Ohio's
out-of-state trade
and investment offices.
This appropriation
item also shall be used to fund the Global Markets Division and to
assist Ohio manufacturers, agricultural producers, and service
providers in exporting to foreign countries and to assist in the
attraction of foreign direct investment.
Section 259.10.90. OHIO WORKFORCE GUARANTEE PROGRAM
The foregoing appropriation
item 195434, Industrial
Training
Grants, may be used for the Ohio Workforce Guarantee Program to
promote training
through grants to businesses and, in the case of
a business consortium, training and education providers for the
reimbursement
of eligible training
expenses.
The foregoing appropriation item 195643, Workforce
Development Initiatives, shall be used to support the Ohio
Workforce Guarantee Grant Program.
Section 259.20.10. OHIO FILM OFFICE
The Ohio Film Office shall promote media productions in the
state and
help the industry optimize its production experience in
the
state by enhancing local economies through increased
employment and tax revenues and ensuring an accurate portrayal of
Ohio. The Office shall serve as an informational clearinghouse and
provide technical assistance to the media production industry and
business entities engaged in media production in the state. The
Office shall promote Ohio as the ideal site for media production
and help those in the industry benefit from their experience in
the state.
The primary objective of the Office shall be to encourage
development of a strong capital base for electronic media
production in order to achieve an independent, self-supporting
industry in Ohio. Other objectives shall include:
(A) Attracting private investment for the electronic media
production industry;
(B) Developing a tax infrastructure that encourages private
investment; and
(C) Encouraging increased employment opportunities within
this sector and increased competition with other states.
Section 259.20.20. DISCOVER OHIO!
The foregoing appropriation item 195521, Discover Ohio!,
shall be used by the Ohio Tourism Division in the
Department of
Development for marketing and promoting Ohio as a
tourism
destination and for costs associated with
operating such
programs.
Section 259.20.30. THIRD FRONTIER RESEARCH & DEVELOPMENT
GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 195905, Third Frontier
Research & Development General Obligation Debt Service, shall be
used to pay all debt service and related financing costs during
the period from July 1, 2009, to June 30, 2011, on obligations
issued for research and development purposes under sections 151.01
and 151.10 of the Revised Code.
JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 195912, Job Ready Site
Development General Obligation Debt Service, shall be used to pay
all debt service and related financing costs during the period
from July 1, 2009, to June 30, 2011, on obligations issued for job
ready site development purposes under sections 151.01 and 151.11
of the Revised Code.
Section 259.20.40. SUPPORTIVE SERVICES
The Director of Development may assess divisions of the
department for the cost of central service operations. An
assessment shall contain the characteristics of
administrative
ease and uniform
application.
A division's payments shall be
credited to the Supportive
Services Fund (Fund 1350) using an
intrastate transfer voucher.
ECONOMIC DEVELOPMENT CONTINGENCY
The foregoing appropriation item 195677, Economic
Development Contingency, may be used to award funds directly to
either (1) business entities considering Ohio for expansion or new
site location opportunities or (2) political subdivisions to
assist with necessary costs involved in attracting a business
entity. In addition, the Director of Development may award funds
for alternative purposes when appropriate to satisfy an economic
development opportunity or need deemed extraordinary in nature by
the Director.
DIRECT COST RECOVERY EXPENDITURES
The foregoing appropriation item 195636, Direct Cost
Recovery Expenditures, shall be used for reimbursable costs.
Revenues to the
General
Reimbursement Fund (Fund 6850) shall
consist of moneys charged for
administrative costs that are not
central service costs.
Section 259.20.50. HEAP WEATHERIZATION
Fifteen per cent of the federal funds received by the state
for
the Home
Energy Assistance Block Grant shall be deposited to
the credit of the Home Energy Assistance Block Grant Fund (Fund
3K90) and appropriated to
appropriation item 195614, HEAP
Weatherization, to
provide home weatherization services in
the
state.
The State
Special
Projects Fund (Fund 4F20),
may be used for
the
deposit of
private-sector funds from utility
companies and
for the deposit of other
miscellaneous state funds. State moneys
so deposited shall be used to match federal housing grants for the
homeless and to market economic development opportunities in the
state.
Private-sector moneys shall be deposited for use in
appropriation item 195699, Utility Provided Funds, and shall be
used
to (1) pay the expenses of
verifying the income-eligibility
of
HEAP applicants, (2) leverage
additional federal funds, (3)
fund special projects to assist homeless individuals, (4) fund
special projects to assist with the energy efficiency of
households eligible to participate in the Percentage of Income
Payment Plan, and (5) assist with training programs for agencies
that administer low-income customer assistance programs.
Section 259.20.60. TAX INCENTIVE PROGRAMS OPERATING
The foregoing appropriation item 195630, Tax Incentive
Programs, shall be used for the operating costs of the Office of
Grants and Tax Incentives.
Section 259.20.70. MINORITY BUSINESS ENTERPRISE LOAN
All repayments from the Minority Development Financing
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee
Program shall be
deposited in the State Treasury to the credit of
the Minority Business
Enterprise Loan Fund (Fund 4W10).
All
operating costs of administering the Minority Business
Enterprise
Loan
Fund shall be paid from the Minority Business
Enterprise Loan
Fund (Fund 4W10).
MINORITY BUSINESS BONDING FUND
Notwithstanding Chapters 122., 169., and 175. of the Revised
Code, the Director of Development may, upon the
recommendation of
the Minority Development Financing Advisory
Board, pledge up
to
$10,000,000 in the fiscal year 2010-fiscal year 2011 biennium of
unclaimed funds administered by
the Director of Commerce and
allocated to the Minority Business Bonding
Program under
section
169.05 of the Revised Code. The transfer of any
cash by
the
Director of Budget and Management from the Department of
Commerce's
Unclaimed
Funds Fund (Fund 5430) to the Department of
Development's
Minority
Business Bonding Fund (Fund 4490) shall
occur, if
requested by the Director of
Development, only if such
funds are
needed for payment of losses arising from
the Minority
Business
Bonding Program, and only after proceeds of the initial
transfer of $2,700,000
by the Controlling Board to the
Minority
Business Bonding Program has been used for that purpose. Moneys
transferred by the
Director of Budget and Management from the
Department of
Commerce for this purpose may be moneys in custodial
funds held by the
Treasurer of State. If expenditures are
required
for payment of losses
arising from the Minority Business
Bonding
Program,
such expenditures shall be made from
appropriation item
195623, Minority
Business Bonding Contingency
in the Minority
Business Bonding Fund, and such
amounts are hereby
appropriated.
Section 259.20.80.
ALTERNATIVE FUEL TRANSPORTATION
Of the foregoing appropriation item 195679, Alternative Fuel
Transportation, not more than ten per cent shall be used by the
Director of Development for administrative costs associated with
the program under section 122.075 of the Revised Code.
The foregoing appropriation item 195660, Advanced Energy
Programs, shall be used to provide financial assistance to
customers for eligible advanced energy projects for residential,
commercial, and industrial business, local government, educational
institution, nonprofit, and agriculture customers, and to pay for
the program's administrative costs as provided in sections 4928.61
to 4928.63 of the Revised Code
and rules adopted by the Director
of Development.
GLOBAL ANALYST SETTLEMENT AGREEMENTS PAYMENTS
All payments received by the state pursuant to a series of
settlements with ten brokerage firms reached with the United
States Securities and Exchange Commission, the National
Association of Securities Dealers, the New York Stock Exchange,
the New York Attorney General, and other state regulators
(henceforth referred to as the "Global Analysts Settlement
Agreements"), shall be deposited into the state treasury to the
credit of the Economic Development Contingency Fund (Fund 5Y60).
The fund shall be
used by the Director of Development to support
economic
development projects. Moneys shall be awarded to either
(1) business entities considering Ohio for expansion or new site
location opportunities or (2) political subdivisions to assist
with necessary costs involved in attracting a business entity. In
addition, the Director of Development may award funds for
alternative purposes when appropriate to satisfy an economic
development opportunity or need deemed extraordinary by the
Director. Grant funds may be expended only after the submission of
a request to the Controlling Board by the Department outlining the
planned use of the funds and the subsequent approval of the
Controlling Board.
VOLUME CAP ADMINISTRATION
The foregoing appropriation item 195654, Volume Cap
Administration, shall be
used for expenses related
to the
administration of the Volume
Cap
Program. Revenues
received by
the
Volume Cap Administration Fund (Fund 6170)
shall
consist of
application fees, forfeited deposits, and interest
earned
from the
custodial account held by the Treasurer of State.
INNOVATION OHIO LOAN FUND
The foregoing appropriation item 195664, Innovation Ohio,
shall be used to provide for innovation Ohio purposes, including
loan guarantees and loans under Chapter 166. and particularly
sections 166.12 to 166.16 of the Revised Code.
The foregoing appropriation item 195665, Research and
Development, shall be used to provide for research and development
purposes, including loans, under Chapter 166. and particularly
sections 166.17 to 166.21 of the Revised Code.
Section 259.20.90. LOGISTICS AND DISTRIBUTION INFRASTRUCTURE
The foregoing appropriation item 195698, Logistics and
Distribution Infrastructure, shall be used for eligible logistics
and distribution infrastructure projects as defined in section
166.01 of the Revised Code.
FACILITIES ESTABLISHMENT FUND
The foregoing appropriation item 195615, Facilities
Establishment (Fund 7037), shall be used for the purposes of
the
Facilities Establishment Fund under Chapter 166. of the
Revised
Code.
Notwithstanding Chapter 166. of the Revised Code, an amount
not to exceed
$2,000,000 in cash each fiscal year may be
transferred from the
Facilities
Establishment Fund (Fund 7037) to
the Economic
Development
Financing Operating Fund (Fund 4510). The
transfer is
subject
to
Controlling Board approval under division
(B) of section
166.03 of the Revised Code.
Notwithstanding Chapter 166. of the Revised Code, an amount
not to exceed
$5,000,000 in cash each fiscal year may
be
transferred during the biennium from the
Facilities Establishment
Fund
(Fund 7037) to the Urban
Redevelopment Loans Fund (Fund 5D20)
for the purpose of
removing
barriers to urban core redevelopment.
The Director of Development
shall develop program guidelines for
the transfer and release of
funds,
including, but not limited to,
the completion of all
appropriate
environmental assessments before
state assistance is
committed to a project. The transfers shall be
subject to approval by the Controlling Board upon the submission
of a request by the Department of Development.
Notwithstanding Chapter 166. of the Revised Code, an amount
not to exceed
$3,000,000 in cash each fiscal year
may be
transferred from the
Facilities
Establishment
Fund (Fund 7037) to
the Rural
Industrial
Park Loan Fund (Fund
4Z60).
The transfer is
subject to Controlling
Board
approval under
section 166.03 of the
Revised Code.
Notwithstanding Chapter 166. of the Revised Code, on the
first day of July of each year of the biennium, or as soon as
possible thereafter, the Director of Budget
and Management, at
the request of the Director of Development,
shall transfer
$6,102,500 in cash from the Facilities Establishment
Fund (Fund
7037) to the General Revenue Fund. The amount
transferred is
hereby appropriated for each fiscal year in appropriation item
195412,
Rapid Outreach Grants.
Notwithstanding Chapter 166. of the Revised Code, on the
first day of July of each year of the biennium, or as soon as
possible thereafter, the Director of Budget and Management, at the
request of the Director of Development, shall transfer $4,275,000
cash from the Facilities Establishment Fund (Fund 7037) to the Job
Development Initiatives Fund (Fund 5AD0). The amount transferred
is
hereby appropriated in each fiscal year in appropriation item
195677, Economic Development Contingency.
ALTERNATIVE FUEL TRANSPORTATION GRANT FUND
Notwithstanding Chapter 166. of the Revised Code, an amount
not to exceed
$1,000,000 in cash in fiscal year 2010 and $500,000
in cash in fiscal year 2011 shall be
transferred from moneys in
the Facilities
Establishment Fund (Fund
7037) to the Alternative
Fuel Transportation Grant Fund (Fund
5CG0)
in the Department of
Development.
RURAL DEVELOPMENT INITIATIVE FUND
(A)(1) The Rural Development Initiative Fund (Fund 5S80) is
entitled to
receive moneys from the Facilities Establishment Fund
(Fund 7037). The
Director of Development may make grants from the
Rural Development Initiative Fund as specified
in division (A)(2)
of this section to eligible applicants in
Appalachian counties and
in rural counties in the state that are
designated as distressed
under section 122.25 of the Revised
Code. Preference shall be
given to eligible applicants located in
Appalachian counties
designated as distressed by the federal
Appalachian Regional
Commission.
(2) The Director of Development shall make grants from the
Rural Development Initiative Fund (Fund 5S80) only to eligible
applicants who
also qualify for and receive funding under the
Rural Industrial
Park Loan Program as specified in sections 122.23
to 122.27 of the
Revised Code. Eligible applicants shall use the
grants for the
purposes specified in section 122.24 of the Revised
Code. All
projects supported by grants from the fund are subject
to Chapter
4115. of the Revised Code as specified in division (E)
of section
166.02 of the Revised Code. The Director shall develop
program
guidelines for the transfer and release of funds. The
release of
grant moneys to an eligible applicant is subject to
Controlling
Board approval.
(B) Notwithstanding Chapter 166. of the Revised Code, the
Director of Budget and Management may transfer an amount not to
exceed $3,000,000
in cash each fiscal year on an as-needed basis
at the
request of
the Director of Development from the Facilities
Establishment Fund
(Fund 7037) to the Rural Development Initiative
Fund (Fund 5S80).
The transfer is subject to Controlling Board
approval under
section 166.03 of the Revised Code.
CAPITAL ACCESS LOAN PROGRAM
The foregoing appropriation item 195628, Capital Access
Loan
Program, shall be used for operating, program, and
administrative
expenses of the program. Funds of the Capital
Access Loan
Program
shall be used to assist participating
financial
institutions in
making program loans to eligible
businesses that
face barriers in
accessing working capital and
obtaining fixed-asset financing.
Notwithstanding Chapter 166. of the Revised Code, the
Director of Budget and Management may transfer an amount not to
exceed $3,000,000
in cash each fiscal year on an as-needed basis
at the
request of
the Director of Development from the Facilities
Establishment Fund
(Fund 7037) to the Capital Access Loan Program
Fund (Fund 5S90).
The
transfer is subject to Controlling Board
approval under
section 166.03 of the Revised Code.
Section 259.30.10. CLEAN OHIO OPERATING EXPENSES
The foregoing appropriation item 195663, Clean Ohio
Operating, shall be used by the Department of Development in
administering sections 122.65 to 122.658 of the Revised Code.
Section 259.30.20. THIRD FRONTIER RESEARCH AND DEVELOPMENT
PROJECTS
AND RESEARCH AND
DEVELOPMENT TAXABLE BOND PROJECTS
The foregoing appropriation items 195687, Third Frontier
Research and Development Projects, and 195692, Research and
Development Taxable Bond Projects, shall be used by the Department
of Development to fund selected projects. Eligible costs are those
costs of research and development projects to which
the proceeds
of the Third Frontier Research and Development Fund
(Fund 7011)
and the Research & Development Taxable Bond Project
Fund (Fund
7014) are to be applied.
TRANSFERS OF THIRD FRONTIER APPROPRIATIONS
The Director of Budget and Management may approve written
requests from the Director of Development for the transfer of
appropriations between appropriation items 195687, Third Frontier
Research and Development Projects, and 195692, Research and
Development Taxable Bond Projects, based upon awards recommended
by the Third Frontier Commission. The transfers are subject to
approval by the Controlling Board.
On or before June 30, 2010, any unexpended and unencumbered
portions of the
foregoing appropriation items 195687, Third
Frontier Research &
Development Projects, and 195692, Research &
Development Taxable
Bond Projects, for fiscal year 2010 are
hereby reappropriated to the Department of Development for
the
same purposes for fiscal year 2011.
AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS
The Ohio Public Facilities Commission, upon request of the
Department of Development, is hereby authorized to issue and sell,
in accordance with Section 2p of Article VIII, Ohio Constitution,
and particularly sections 151.01 and 151.10 of the Revised Code,
original obligations of the State of Ohio in an aggregate amount
not to exceed $100,000,000 in addition to the original issuance of
obligations authorized by prior acts of the General Assembly. The
authorized obligations shall be
issued and sold from time to time
and in amounts necessary to
ensure sufficient moneys to the
credit of the Third Frontier
Research and Development Fund (Fund
7011) to pay costs of research
and development projects.
Section 259.30.30. JOB READY SITE OPERATING
The foregoing appropriation item 195688, Job Ready Site
Operating, shall be used for operating expenses incurred by the
Department of Development in administering the Job Ready Sites
Program authorized under sections 122.085 to
122.0820 of the
Revised Code. Operating expenses include, but are
not limited to,
certain expenses of the District Public Works
Integrating
Committees, as applicable, engineering review of submitted
applications by the State Architect or a third party engineering
firm, audit and accountability activities, and
costs associated
with formal certifications verifying that site
infrastructure is
in place and is functional.
Section 259.30.40. THIRD FRONTIER BIOMEDICAL RESEARCH AND
COMMERCIALIZATION PROGRAM
The General Assembly and the Governor recognize the role that
the biomedical industry has in job creation, innovation, and
economic development throughout Ohio. It is the intent of the
General Assembly, the Governor, the Director of Development, and
the Director of Budget and Management to work together in
continuing
to provide comprehensive state support for the
biomedical industry
as a whole through the Third Frontier
Biomedical Research and
Commercialization Program.
Section 259.30.50. JOBS FUND BIOPRODUCTS AND BIOMEDICAL
The foregoing appropriation item 195694, Jobs Fund
Bioproducts, shall be used for the Ohio Bioproducts Development
Program established in section 184.25 of the Revised Code. Of the
foregoing appropriation item 195694, Jobs Fund Bioproducts, not
more than five per cent in each fiscal year shall be used for
operating expenditures in administering the program.
The foregoing appropriation item 195695, Jobs Fund
Biomedical, shall be used for the Ohio Biomedical Development
Program established in section 184.26 of the Revised Code. Of the
foregoing appropriation item 195695, Jobs Fund Biomedical, not
more than five per cent in each fiscal year shall be used for
operating expenditures in administering the program.
Section 259.30.60. JOBS FUND CASH TRANSFER
On June 30, 2011, or as soon as possible thereafter, the
Director of Budget and Management shall transfer the unexpended
and unencumbered cash balance in the Jobs Fund (Fund 5Z30) to the
General Revenue Fund. Upon completion of the transfer, the Jobs
Fund is abolished.
Section 259.30.70. UNCLAIMED FUNDS TRANSFER
(A) Notwithstanding division (A) of section 169.05 of the
Revised Code, upon the request of the Director of Budget and
Management, the Director of Commerce, before June 30, 2010,
shall
transfer to the Job Development Initiatives Fund (Fund 5AD0)
an
amount not to exceed $4,000,000 in cash of the unclaimed funds
that have been reported by the holders of unclaimed funds under
section 169.05 of the Revised Code, regardless of the allocation
of the unclaimed funds described under that section.
Notwithstanding division (A) of section 169.05 of the Revised
Code, upon the request of the Director of Budget and Management,
the Director of Commerce, before June 30, 2011, shall transfer
to
the Job Development Initiatives Fund (Fund 5AD0) an amount not
to
exceed $4,000,000 in cash of the unclaimed funds that have
been
reported by the holders of unclaimed funds under section
169.05
of the Revised Code, regardless of the allocation of the
unclaimed funds described under that section.
(B) Notwithstanding division (A) of section 169.05 of the
Revised Code, upon the request of the Director of Budget and
Management, the Director of Commerce, before June 30, 2010,
shall
transfer to the State Special Projects Fund (Fund 4F20) an
amount
not to exceed $6,100,000 of the unclaimed funds
that have
been
reported by the holders of unclaimed funds under
section
169.05
of the Revised Code, regardless of the allocation
of the
unclaimed funds described under that section.
Notwithstanding division (A) of section 169.05 of the Revised
Code, upon the request of the Director of Budget and Management,
the Director of Commerce, prior to June 30, 2011, shall transfer
to the State Special Projects Fund (Fund 4F20) an amount not to
exceed $6,100,000 in cash of the unclaimed funds that
have been
reported by the holders of unclaimed funds under
section 169.05
of
the Revised Code, regardless of the allocation
of the
unclaimed
funds described under that section.
Section 259.30.80. THIRD FRONTIER NEXTGEN NETWORK
Any unexpended, unencumbered amounts of the foregoing
appropriation items 195687, Third Frontier Research & Development
Projects, and 195692, Research & Development Taxable Bond
Projects, that were previously allocated for implementation of the
NextGen Network in fiscal years 2008 and 2009 are hereby
reappropriated for the same purpose in fiscal years 2010 and 2011.
Section 259.30.90. WORKFORCE DEVELOPMENT
The Director of Development and the Director of Job and
Family Services may enter into one or more interagency agreements
between the two departments and take
other actions the directors
consider appropriate to further integrate workforce development
into a larger economic development strategy, to implement the
recommendations of the Workforce Policy Board, and to complete
activities related to the transition of the administration of
employment programs identified by the board. Subject to the
approval of the Director of Budget and Management, the Department
of Development and the Department of Job and Family Services may
expend moneys to support the recommendations of the Workforce
Policy Board in the area of integration of employment functions as
described in this paragraph and to complete implementation and
transition activities from the appropriations to those
departments.
Section 261.10. OBD OHIO BOARD OF DIETETICS
General Services Fund Group
| 4K90 |
860609 |
|
Operating Expenses |
|
$ |
348,964 |
|
$ |
348,964 |
| TOTAL GSF General Services Fund |
|
|
|
|
|
|
| Group |
|
$ |
348,964 |
|
$ |
348,964 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
348,964 |
|
$ |
348,964 |
Section 263.10. CDR COMMISSION ON DISPUTE RESOLUTION AND
CONFLICT MANAGEMENT
| GRF |
145401 |
|
Commission Operations |
|
$ |
349,600 |
|
$ |
349,600 |
| TOTAL GRF General Revenue Fund |
|
$ |
349,600 |
|
$ |
349,600 |
General Services Fund Group
| 4B60 |
145601 |
|
Dispute Resolution Programs |
|
$ |
140,000 |
|
$ |
140,000 |
| TOTAL GSF General Services Fund Group |
|
$ |
140,000 |
|
$ |
140,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
489,600 |
|
$ |
489,600 |
Section 265.10. EDU DEPARTMENT OF EDUCATION
| GRF |
200100 |
|
Personal Services |
|
$ |
12,153,147 |
|
$ |
12,153,147 |
| GRF |
200320 |
|
Maintenance and Equipment |
|
$ |
3,495,350 |
|
$ |
3,495,350 |
| GRF |
200408 |
|
Early Childhood Education |
|
$ |
34,768,341 |
|
$ |
34,768,341 |
| GRF |
200416 |
|
Career-Technical Education Match |
|
$ |
2,233,195 |
|
$ |
2,233,195 |
| GRF |
200420 |
|
Computer/Application/ Network Development |
|
$ |
5,394,826 |
|
$ |
5,394,826 |
| GRF |
200421 |
|
Alternative Education Programs |
|
$ |
10,015,885 |
|
$ |
10,015,885 |
| GRF |
200422 |
|
School Management Assistance |
|
$ |
20,904,572 |
|
$ |
22,490,572 |
| GRF |
200424 |
|
Policy Analysis |
|
$ |
1,056,687 |
|
$ |
1,056,687 |
| GRF |
200425 |
|
Tech Prep Consortia Support |
|
$ |
1,594,373 |
|
$ |
1,594,373 |
| GRF |
200426 |
|
Ohio Educational Computer Network |
|
$ |
27,411,025 |
|
$ |
27,411,025 |
| GRF |
200427 |
|
Academic Standards |
|
$ |
5,789,861 |
|
$ |
5,789,861 |
| GRF |
200431 |
|
School Improvement Initiatives |
|
$ |
9,859,997 |
|
$ |
9,859,997 |
| GRF |
200437 |
|
Student Assessment |
|
$ |
71,909,814 |
|
$ |
71,909,814 |
| GRF |
200439 |
|
Accountability/Report Cards |
|
$ |
6,828,650 |
|
$ |
6,828,650 |
| GRF |
200442 |
|
Child Care Licensing |
|
$ |
1,302,495 |
|
$ |
1,302,495 |
| GRF |
200446 |
|
Education Management Information System |
|
$ |
15,621,135 |
|
$ |
15,621,135 |
| GRF |
200447 |
|
GED Testing |
|
$ |
1,250,353 |
|
$ |
1,250,353 |
| GRF |
200448 |
|
Educator Preparation |
|
$ |
2,030,000 |
|
$ |
2,030,000 |
| GRF |
200455 |
|
Community Schools |
|
$ |
497,404,384 |
|
$ |
533,686,539 |
| GRF |
200457 |
|
STEM Initiatives |
|
$ |
2,000,000 |
|
$ |
4,500,000 |
| GRF |
200458 |
|
Public School Employees Health Care Board |
|
$ |
1,128,600 |
|
$ |
1,128,600 |
| GRF |
200502 |
|
Pupil Transportation |
|
$ |
438,222,619 |
|
$ |
438,222,619 |
| GRF |
200503 |
|
Bus Purchase
Allowance |
|
$ |
10,850,000 |
|
$ |
10,850,000 |
| GRF |
200505 |
|
School Lunch Match |
|
$ |
11,798,025 |
|
$ |
11,798,025 |
| GRF |
200511 |
|
Auxiliary Services |
|
$ |
131,740,457 |
|
$ |
131,740,457 |
| GRF |
200532 |
|
Nonpublic Administrative Cost Reimbursement |
|
$ |
59,810,517 |
|
$ |
59,810,517 |
| GRF |
200540 |
|
Special Education Enhancements |
|
$ |
135,436,252 |
|
$ |
138,009,540 |
| GRF |
200541 |
|
Special Education – Federal Stimulus |
|
$ |
224,806,500 |
|
$ |
224,806,500 |
| GRF |
200545 |
|
Career-Technical Education Enhancements |
|
$ |
7,752,662 |
|
$ |
7,802,699 |
| GRF |
200550 |
|
Foundation Funding |
|
$ |
4,888,191,136 |
|
$ |
4,851,912,026 |
| GRF |
200551 |
|
Foundation Funding – Federal Stimulus |
|
$ |
277,583,913 |
|
$ |
532,449,362 |
| GRF |
200555 |
|
Teach Ohio |
|
$ |
6,100,000 |
|
$ |
6,100,000 |
| GRF |
200578 |
|
Violence Prevention and School Safety |
|
$ |
1,384,924 |
|
$ |
1,384,924 |
| GRF |
200609 |
|
Poverty Funding – Federal Stimulus |
|
$ |
236,199,000 |
|
$ |
236,199,000 |
| GRF |
200901 |
|
Property Tax Allocation - Education |
|
$ |
1,008,262,363 |
|
$ |
1,020,655,157 |
| GRF |
221100 |
|
Personal Services - OSD |
|
$ |
8,713,704 |
|
$ |
8,713,704 |
| GRF |
221200 |
|
Maintenance - OSD |
|
$ |
905,035 |
|
$ |
905,035 |
| GRF |
221300 |
|
Equipment - OSD |
|
$ |
78,650 |
|
$ |
78,650 |
| GRF |
226100 |
|
Personal Services - OSB |
|
$ |
7,326,155 |
|
$ |
7,326,155 |
| GRF |
226200 |
|
Maintenance - OSB |
|
$ |
688,363 |
|
$ |
688,363 |
| GRF |
226300 |
|
Equipment - OSB |
|
$ |
72,783 |
|
$ |
72,783 |
| TOTAL GRF General Revenue Fund |
|
$ |
8,190,075,748 |
|
$ |
8,464,046,361 |
General Services Fund Group
| 1380 |
200606 |
|
Computer Services-Operational Support |
|
$ |
7,600,091 |
|
$ |
7,600,091 |
| 4520 |
200638 |
|
Miscellaneous Educational Services |
|
$ |
275,000 |
|
$ |
275,000 |
| 4H80 |
226602 |
|
Education Reform Grants - OSB |
|
$ |
61,000 |
|
$ |
61,000 |
| 4L20 |
200681 |
|
Teacher Certification and Licensure |
|
$ |
6,323,994 |
|
$ |
6,323,994 |
| 4M10 |
221602 |
|
Education Reform Grants - OSD |
|
$ |
76,000 |
|
$ |
76,000 |
| 5960 |
200656 |
|
Ohio Career Information System |
|
$ |
529,761 |
|
$ |
529,761 |
| 5H30 |
200687 |
|
School District Solvency Assistance |
|
$ |
18,000,000 |
|
$ |
18,000,000 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
32,865,846 |
|
$ |
32,865,846 |
Federal Special Revenue Fund Group
| 3090 |
200601 |
|
Educationally Disadvantaged Programs |
|
$ |
8,405,512 |
|
$ |
8,405,512 |
| 3100 |
226626 |
|
Coordinating Unit - OSB |
|
$ |
2,527,105 |
|
$ |
2,527,105 |
| 3110 |
221625 |
|
Coordinating Unit - OSD |
|
$ |
2,460,135 |
|
$ |
2,460,135 |
| 3670 |
200607 |
|
School Food Services |
|
$ |
6,088,737 |
|
$ |
6,088,738 |
| 3680 |
200614 |
|
Veterans' Training |
|
$ |
745,892 |
|
$ |
745,892 |
| 3690 |
200616 |
|
Career-Technical Education Federal Enhancement |
|
$ |
5,000,000 |
|
$ |
4,990,960 |
| 3700 |
200624 |
|
Education of Exceptional Children |
|
$ |
2,664,000 |
|
$ |
2,755,000 |
| 3740 |
200647 |
|
Troops to Teachers |
|
$ |
100,000 |
|
$ |
100,000 |
| 3780 |
200660 |
|
Learn and Serve |
|
$ |
619,211 |
|
$ |
619,211 |
| 3AD0 |
221604 |
|
VREAL Ohio |
|
$ |
25,000 |
|
$ |
25,000 |
| 3AF0 |
200603 |
|
Schools Medicaid Administrative Claims |
|
$ |
639,000 |
|
$ |
639,000 |
| 3AN0 |
200671 |
|
School Improvement Grants |
|
$ |
17,909,676 |
|
$ |
17,936,675 |
| 3AX0 |
200698 |
|
Improving Health and Educational Outcomes of Young People |
|
$ |
630,954 |
|
$ |
630,954 |
| 3BK0 |
200628 |
|
Longitudinal Data Systems |
|
$ |
100,000 |
|
$ |
0 |
| 3BV0 |
200636 |
|
Character Education |
|
$ |
700,000 |
|
$ |
0 |
| 3C50 |
200661 |
|
Early Childhood Education |
|
$ |
14,189,711 |
|
$ |
14,554,749 |
| 3CF0 |
200644 |
|
Foreign Language Assistance |
|
$ |
25,000 |
|
$ |
0 |
| 3CG0 |
200646 |
|
Teacher Incentive Fund |
|
$ |
3,007,975 |
|
$ |
1,157,834 |
| 3D10 |
200664 |
|
Drug Free Schools |
|
$ |
13,347,966 |
|
$ |
13,347,966 |
| 3D20 |
200667 |
|
Honors Scholarship Program |
|
$ |
6,665,000 |
|
$ |
6,665,000 |
| 3H90 |
200605 |
|
Head Start Collaboration Project |
|
$ |
225,000 |
|
$ |
225,000 |
| 3L60 |
200617 |
|
Federal School Lunch |
|
$ |
263,071,332 |
|
$ |
263,071,332 |
| 3L70 |
200618 |
|
Federal School Breakfast |
|
$ |
72,208,118 |
|
$ |
72,208,119 |
| 3L80 |
200619 |
|
Child/Adult Food Programs |
|
$ |
75,159,405 |
|
$ |
75,159,405 |
| 3L90 |
200621 |
|
Career-Technical Education Basic Grant |
|
$ |
48,029,701 |
|
$ |
48,029,701 |
| 3M00 |
200623 |
|
ESEA Title 1A |
|
$ |
514,000,000 |
|
$ |
514,000,000 |
| 3M10 |
200678 |
|
Innovative Education |
|
$ |
250,000 |
|
$ |
0 |
| 3M20 |
200680 |
|
Individuals with Disabilities Education Act |
|
$ |
405,000,000 |
|
$ |
405,000,000 |
| 3P50 |
226643 |
|
Medicaid Professional Services Reimbursement - OSB |
|
$ |
50,000 |
|
$ |
50,000 |
| 3R00 |
221684 |
|
Medicaid Professional Services Reimbursement - OSD |
|
$ |
35,000 |
|
$ |
35,000 |
| 3S20 |
200641 |
|
Education Technology |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
| 3T40 |
200613 |
|
Public Charter Schools |
|
$ |
14,212,922 |
|
$ |
14,212,922 |
| 3Y10 |
221686 |
|
Early Childhood Grant |
|
$ |
300,000 |
|
$ |
300,000 |
| 3Y20 |
200688 |
|
21st Century Community Learning Centers |
|
$ |
28,700,000 |
|
$ |
28,700,000 |
| 3Y40 |
200632 |
|
Reading First |
|
$ |
27,366,373 |
|
$ |
24,455,172 |
| 3Y60 |
200635 |
|
Improving Teacher Quality |
|
$ |
101,778,397 |
|
$ |
101,778,400 |
| 3Y70 |
200689 |
|
English Language Acquisition |
|
$ |
8,000,000 |
|
$ |
8,000,000 |
| 3Y80 |
200639 |
|
Rural and Low Income Technical Assistance |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
| 3Z20 |
200690 |
|
State
Assessments |
|
$ |
12,883,799 |
|
$ |
12,883,799 |
| 3Z30 |
200645 |
|
Consolidated Federal Grant Administration |
|
$ |
8,499,279 |
|
$ |
8,499,280 |
| 3Z70 |
200697 |
|
General Supervisory Enhancement Grant |
|
$ |
840,567 |
|
$ |
0 |
| TOTAL FED Federal Special |
|
|
|
|
|
|
| Revenue Fund Group |
|
$ |
1,672,960,767 |
|
$ |
1,666,757,861 |
State Special Revenue Fund Group
| 4540 |
200610 |
|
Guidance and Testing |
|
$ |
400,000 |
|
$ |
400,000 |
| 4550 |
200608 |
|
Commodity Foods |
|
$ |
24,000,000 |
|
$ |
24,000,000 |
| 4M00 |
221601 |
|
Educational Program Expenses |
|
$ |
190,000 |
|
$ |
190,000 |
| 4M50 |
226601 |
|
Work Study and Technology Investment |
|
$ |
250,000 |
|
$ |
250,000 |
| 4R70 |
200695 |
|
Indirect Operational Support |
|
$ |
5,810,464 |
|
$ |
5,810,464 |
| 4V70 |
200633 |
|
Interagency Operational Support |
|
$ |
868,788 |
|
$ |
868,788 |
| 5980 |
200659 |
|
Auxiliary Services Reimbursement |
|
$ |
1,328,910 |
|
$ |
1,328,910 |
| 5BB0 |
200696 |
|
State Action for Education Leadership |
|
$ |
1,250,000 |
|
$ |
600,000 |
| 5BJ0 |
200626 |
|
Half-Mill Maintenance Equalization |
|
$ |
10,700,000 |
|
$ |
10,700,000 |
| 5H60 |
221609 |
|
Even Start Fees and Gifts |
|
$ |
250,716 |
|
$ |
250,716 |
| 5U20 |
200685 |
|
National Education Statistics |
|
$ |
300,000 |
|
$ |
300,000 |
| 5W20 |
200663 |
|
Early Learning Initiative |
|
$ |
2,200,000 |
|
$ |
2,200,000 |
| 5X90 |
200911 |
|
NGA STEM |
|
$ |
50,000 |
|
$ |
0 |
| 6200 |
200615 |
|
Educational Improvement Grants |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
50,598,878 |
|
$ |
49,898,878 |
Lottery Profits Education Fund Group
| 7017 |
200612 |
|
Foundation Funding |
|
$ |
705,000,000 |
|
$ |
711,000,000 |
| TOTAL LPE Lottery Profits |
|
|
|
|
|
|
| Education Fund Group |
|
$ |
705,000,000 |
|
$ |
711,000,000 |
Revenue Distribution Fund Group
| 7047 |
200909 |
|
School District Property Tax Replacement-Business |
|
$ |
1,150,207,366 |
|
$ |
1,150,207,366 |
| 7053 |
200900 |
|
School District Property Tax Replacement-Utility |
|
$ |
91,123,523 |
|
$ |
91,123,523 |
| TOTAL RDF Revenue Distribution |
|
|
|
|
|
|
| Fund Group |
|
$ |
1,241,330,889 |
|
$ |
1,241,330,889 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
11,892,832,128 |
|
$ |
12,165,899,835 |
Section 265.10.10. PERSONAL SERVICES
The foregoing appropriation item 200100, Personal Services,
may be used to pay fees for the Department's membership in the
Education Commission of the States, an interstate nonprofit,
nonpartisan organization that supports states with the development
of education policy.
Of the foregoing appropriation item 200100 Personal Services,
up to $25,000 in each fiscal year may be expended to provide for
travel expenses for the members of the State Board of Education.
Of the foregoing appropriation item 200100, Personal
Services, up to $150,000 in each fiscal year shall be used by the
Department of Education to support Ohio's Partnership for
Continued Learning at the direction of the Office of the Governor.
Ohio's Partnership for Continued Learning replaces and broadens
the former Joint Council of the Department of Education and the
Board of Regents. The Partnership shall advise and make
recommendations to promote collaboration among relevant state
entities in an effort to help local communities develop coherent
and successful "P-16" learning systems. The Governor, or the
Governor's designee, shall serve as the chairperson.
Of the foregoing appropriation item 200100, Personal
Services, up to $500,000 in each fiscal year shall be used to
support administration and activities including travel, contract
services, and other expenses of the Governor's Closing the
Achievement Gap Initiative in the Department.
Of the foregoing appropriation item 200100, Personal
Services, up to $200,000 in each fiscal year shall be used to
support administration and activities of the Office of Urban and
Rural Student Success in the Department.
Of the foregoing appropriation item 200100, Personal
Services, up to $200,000 in each fiscal year shall be used to
support administration and activities of the Center for Creativity
and Innovation in the Department.
Section 265.10.20. EARLY CHILDHOOD EDUCATION
The Department of Education shall distribute the foregoing
appropriation item
200408, Early Childhood Education,
to pay the
costs of early childhood education
programs.
(A) As used in this section:
(1) "Provider" means a
city, local, exempted village, or
joint
vocational school district,
or an educational
service
center.
(2) In the case of a city, local, or exempted village school
district, "new eligible provider" means a district that did not
receive state funding for Early Childhood Education in the
previous fiscal year or demonstrates a need for early childhood
programs as defined in division (D) of this section.
(3) "Eligible child" means a child who is at least three
years of age as of the district entry date for kindergarten, is
not of the age to be eligible for kindergarten,
and whose family
earns not more than two hundred per cent of the
federal poverty
guidelines as defined in division (A)(3) of section 5101.46 of the
Revised Code. Children with an Individualized Education Program
and where the Early Childhood Education program is the least
restrictive environment may be enrolled on their third birthday.
(B) In each fiscal year, up to two per cent of the
total
appropriation may be used by the Department for
program support
and technical assistance. The Department shall distribute the
remainder of the appropriation in each fiscal year to serve
eligible children.
(C) The Department
shall provide an annual report to the
Governor, the Speaker of the
House of Representatives, and the
President of the Senate and post the report to the Department's
web site, regarding early childhood education programs operated
under this section and the early learning program guidelines.
(D) After setting aside the amounts to make payments due from
the previous fiscal year, in fiscal year 2010, the Department
shall distribute funds first to recipients of funds for early
childhood education programs under Section 269.10.20 of Am. Sub.
H.B. 119 of the 127th General Assembly in the previous fiscal year
and the balance to new eligible providers of early childhood
education programs under this section or to existing providers to
serve more eligible children or for
purposes of program
expansion, improvement, or special projects to
promote quality
and innovation.
After setting aside the amounts to make payments due from the
previous fiscal year, in fiscal year 2011, the Department shall
distribute funds first to providers of early childhood education
programs under this section in the previous fiscal year and the
balance to new eligible providers or to existing providers to
serve more eligible children or for
purposes of program
expansion, improvement, or special projects to
promote quality
and innovation.
Awards under this section shall be distributed on a per-pupil
basis, and in accordance with division (H) of this section. The
Department may adjust the per-pupil amount so that the per-pupil
amount multiplied by the number of eligible children enrolled and
receiving services, as defined by the Department, reported on the
first day of December or the first business day following that
date equals the amount allocated under this section.
(E) Costs for developing and administering an early childhood
education
program
may not exceed fifteen per cent of the total
approved
costs of the
program.
All providers shall maintain such fiscal control
and
accounting procedures as may be necessary to ensure the
disbursement of, and accounting for, these funds. The control of
funds provided in this program, and title to property obtained
therefrom, shall be under the authority of the approved provider
for purposes provided in the program unless, as described in
division (J) of this section, the program waives its right for
funding or a program's funding is eliminated or reduced due to its
inability to meet financial or early learning program guidelines.
The approved provider
shall
administer and
use such property and
funds for the purposes
specified.
(F) The Department may examine a provider's financial and
program records. If the financial practices of the program are not
in accordance with standard accounting principles or do not meet
financial standards outlined under division (E) of this section,
or if the program fails to substantially meet the early learning
program guidelines or exhibits below average
performance as
measured against the guidelines, the early
childhood education
program shall propose and implement a
corrective action plan that
has been approved by the Department.
The approved corrective
action plan shall be signed by the chief
executive officer and
the executive of the official governing body
of the provider. The
corrective action plan shall include a
schedule for monitoring by
the Department. Such monitoring may
include monthly reports,
inspections, a timeline for correction of
deficiencies, and
technical assistance to be provided by the
Department or obtained
by the early childhood education program.
The Department may
withhold funding pending corrective action. If
an early childhood
education program fails to satisfactorily
complete a corrective
action plan, the Department may deny
expansion funding to the
program or withdraw all or part of the
funding to the program and
establish a new eligible provider
through a selection process
established by the Department.
(G) Each early childhood education program shall do all of
the following:
(1) Meet teacher qualification requirements prescribed by
section 3301.311 of the Revised Code;
(2) Align curriculum to the early learning content standards
developed by the Department;
(3) Meet any child or program assessment requirements
prescribed by the Department;
(4) Require teachers, except teachers enrolled and working to
obtain a degree pursuant to section 3301.311 of the Revised Code,
to attend a minimum of twenty hours every two years of
professional development as prescribed by the Department;
(5) Document and report child progress as prescribed by the
Department;
(6) Meet and report compliance with the early learning
program guidelines as prescribed by the Department.
(H)
Per-pupil funding for programs subject to this section
shall
be sufficient to provide eligible children with services
for a standard early childhood schedule which shall be defined in
this section as
one-half of the statewide average length of the
school day, as
determined by the Department, for the minimum
school year as defined in sections 3313.48, 3313.481, and 3313.482
of the Revised Code. Nothing in this section shall be construed to
prohibit program providers from utilizing other funds to serve
eligible children in programs that exceed the statewide average
length of the school day or that exceed the minimum school year.
For any provider for which a standard early childhood education
does not meet the local need or creates a hardship, the provider
may submit a waiver to the Department requesting an alternate
schedule. If the Department approves a waiver for an alternate
schedule that provides services for less time than the standard
early childhood education schedule, the Department shall reduce
the provider's annual allocation proportionately. Under no
circumstances shall an annual allocation be increased because of
the approval of an alternate schedule.
(I) Each provider shall develop a sliding fee scale
based on
family
incomes and shall charge families
who earn more than two
hundred per cent of the
federal poverty guidelines, as defined in
division (A)(3) of section 5101.46 of the Revised Code, for the
early childhood education
program.
(J) If an early childhood education program voluntarily
waives its right for funding, or has its funding eliminated for
not meeting financial standards or the early learning program
guidelines, the provider shall transfer
control of title to
property, equipment, and remaining supplies
obtained through the
program to providers designated by the
Department and return any
unexpended funds to the Department along
with any reports
prescribed by the Department. The funding made
available from a
program that waives its right for funding or has
its funding
eliminated or reduced may be used by the Department
for new grant
awards or expansion grants. The Department may award
new grants
or expansion grants to eligible providers who apply.
The eligible
providers who apply must do so in accordance with the
selection
process established by the Department.
(K) As used in this section, "early learning program
guidelines" means the guidelines established
by the Department
pursuant to division (C)(3) of Section 206.09.54
of Am. Sub. H.B.
66 of the 126th General Assembly.
Section 265.10.30. CAREER-TECHNICAL EDUCATION MATCH
The foregoing appropriation item 200416, Career-Technical
Education Match, shall be used by the Department of Education to
provide vocational administration matching funds under 20 U.S.C.
2311.
COMPUTER/APPLICATION/NETWORK DEVELOPMENT
The foregoing appropriation item 200420,
Computer/Application/Network
Development, shall be used to support
the development and
implementation of information technology
solutions
designed to
improve the performance
and services of the
Department of
Education. Funds may be used for personnel,
maintenance, and
equipment costs related to the development and
implementation of
these technical system projects.
Implementation
of these systems
shall allow the Department to
provide greater
levels of assistance
to school districts and to provide more
timely information
to the
public, including school districts,
administrators, and
legislators. Funds may also be used to support
data-driven decision-making and differentiated instruction, as
well as to communicate academic content standards and curriculum
models to schools through web-based applications.
Section 265.10.40. ALTERNATIVE EDUCATION PROGRAMS
The foregoing appropriation item 200421, Alternative
Education Programs, shall be
used
for the renewal of successful
implementation grants
and for
competitive matching grants to the
21 urban school
districts as
defined in division (O) of section
3317.02 of the
Revised Code as
it
existed prior to July 1, 1998,
and for the renewal
of successful
implementation grants and for
competitive
matching grants to rural
and suburban
school
districts for
alternative educational programs
for existing
and
new
at-risk and
delinquent youth. Programs shall
be focused
on
youth in one or
more of the following categories:
those who
have
been expelled or
suspended,
those who have dropped
out of
school
or who are at risk
of dropping out of
school, those
who are
habitually truant or
disruptive, or those on probation
or
on
parole from a Department
of Youth Services
facility. Grants
shall
be awarded according to
the criteria established by the
Alternative Education Advisory
Council in 1999. Grants shall
be
awarded only to programs in which
the grant will not serve as the
program's
primary source of
funding. These grants shall be
administered by the
Department of
Education.
The Department of Education may waive
compliance with any
minimum education standard established under section
3301.07 of
the Revised Code for any alternative school that
receives a grant
under this section on
the grounds that the waiver will enable the
program to more effectively
educate students enrolled in the
alternative school.
Of the foregoing appropriation item 200421, Alternative
Education Programs, a portion may
be used
for program
administration, monitoring, technical assistance,
support,
research, and evaluation.
Section 265.10.50. SCHOOL MANAGEMENT ASSISTANCE
Of the foregoing appropriation item 200422, School
Management
Assistance, up to $1,000,000 in each fiscal year shall
be used by
the Auditor of State in consultation with the
Department of
Education for expenses incurred in the Auditor of
State's role
relating to
fiscal caution, fiscal watch, and fiscal
emergency
activities as defined in Chapter 3316. of the
Revised
Code and
may also be used to conduct performance audits with
priority
given to districts in fiscal distress. Expenses include
duties
related to the completion of
performance audits for school
districts that the Superintendent of
Public Instruction determines
are employing fiscal practices or
experiencing budgetary
conditions that could produce a state of
fiscal watch or fiscal
emergency.
Of the foregoing appropriation item 200422, School
Management Assistance, up to $350,000 in each fiscal year shall be
used by the Department of Education to work with school districts
and entities that serve school districts to develop and deploy
analytical tools that allow districts and other stakeholders to
analyze more thoroughly district spending patterns in order to
promote more effective and efficient use of resources.
Of the foregoing appropriation item 200422, School Management
Assistance, up to $1,000,000 in each fiscal year shall be used to
fund the studies directed under division (C) of the section of
this act entitled CLEVELAND MUNICIPAL SCHOOL DISTRICT EARLY
ADOPTER PROJECT, and for the Department to assist with training
for and implementation of this project.
Of the foregoing appropriation item 200422, School Management
Assistance, up to $16,394,000 in fiscal year 2010 and up to
$17,980,000 in fiscal year 2011 shall be used by the Department of
Education to contract with the Auditor of State or another
identified vendor as determined by the Department and approved by
the Controlling Board to conduct performance audits of school
districts and community schools on a five year cycle. The Office
of School Resource Management in the Department shall determine
the scope of audits, not limited to operations, in consultation
with the Auditor of State and the Office of Budget and Management.
Priority may be given to districts in fiscal distress as
determined by the Auditor of State and the Superintendent of
Public Instruction. A portion of this amount in each fiscal year
shall be used by the Department to contract with the Auditor of
State or another identified vendor as determined by the Department
and approved by the Controlling Board to conduct performance
audits of educational service centers and joint vocational school
districts (JVSDs). The purpose of such audits shall be to assist
educational service centers and JVSDs in identifying and
implementing operational efficiencies, setting statewide
benchmarks in certain operations, evaluating quality of services
provided to school districts, and using findings to inform and
develop recommendations for a new educational service center and
JVSD funding model to be implemented in the fiscal year 2012-2013
biennium.
The remainder of foregoing appropriation item 200422, School
Management
Assistance, shall be used by the Department of
Education to
provide fiscal technical assistance and inservice
education for
school district management personnel
and to
administer, monitor,
and implement the fiscal watch and fiscal
emergency provisions
under Chapter 3316. of the Revised Code.
Section 265.10.60. POLICY ANALYSIS
The foregoing appropriation item 200424, Policy Analysis,
shall be used by the Department of Education to support a
system
of administrative, statistical, and legislative education
information to be used for policy analysis. Staff supported by
this appropriation shall administer the development of reports,
analyses, and briefings to inform education policymakers of
current
trends in education practice, efficient and effective use
of
resources, and evaluation of programs to improve education
results. The database shall
be kept current at all times. These
research efforts shall be used to
supply information and analysis
of data to the General Assembly
and other state policymakers,
including the Office of Budget and
Management and the Legislative
Service
Commission.
Of the foregoing appropriation item 200424, Policy Analysis,
up to $600,000 in each fiscal year shall be used to support the
Office of School Resource Management in the Department of
Education. A portion of this amount shall be used in conjunction
with appropriation item 200439, Accountability/Report Cards, to
develop a fiscal reporting dimension to the school report card for
publication beginning in fiscal year 2011. The fiscal information
contained therein shall be updated and reported annually in a form
and in a manner as determined by the Department.
The Department of Education may use funding from this
appropriation
item to purchase or contract for the development of
software
systems or contract for policy studies that will assist
in
the provision and analysis of policy-related information.
Funding from this appropriation item also may be used to monitor
and enhance quality assurance for research-based policy analysis
and program evaluation to enhance the effective use of education
information to inform education policymakers.
TECH PREP CONSORTIA SUPPORT
The foregoing appropriation item 200425, Tech Prep
Consortia
Support, shall be used by the Department of Education to
support
state-level activities designed to support, promote, and
expand
tech prep programs. Use of these funds shall include, but
not be
limited to, administration of grants, program evaluation,
professional development, curriculum development, assessment
development, program promotion, communications, and statewide
coordination of tech prep consortia.
Section 265.10.70. OHIO EDUCATIONAL COMPUTER NETWORK
The foregoing appropriation item 200426, Ohio Educational
Computer Network, shall be used by the Department of Education to
maintain a system of information technology throughout Ohio and
to
provide technical assistance for such a system in support of
the
P-16 State Education Technology Plan under section 3301.07
of the
Revised Code developed in conjunction with the Chancellor of the
Board of Regents.
Of the foregoing appropriation item 200426, Ohio Educational
Computer
Network, up to $15,874,498 in each fiscal year shall be
used by the Department of
Education to support connection of
all
public school buildings and participating chartered nonpublic
schools to
the state's education network, to each other, and to
the Internet.
In each fiscal year the Department of Education
shall use these
funds to assist information technology centers or
school districts
with the operational costs
associated with this
connectivity. The
Department
of Education shall develop a formula
and guidelines for
the distribution of
these funds to information
technology centers or
individual school districts. As used in this
section,
"public
school building" means a school building of any
city, local,
exempted village, or joint vocational school
district, any
community school established under Chapter 3314. of
the Revised
Code, any educational service center building used for
instructional purposes, the Ohio School for the Deaf and the Ohio
School for the Blind, or high schools chartered by the Ohio
Department of Youth Services and high schools operated by Ohio
Department of Rehabilitation and Corrections' Ohio Central School
System.
Of the foregoing appropriation item 200426, Ohio Educational
Computer Network, up to $2,163,657 in each fiscal year shall be
used for the Union Catalog
and InfOhio Network and to support the
provision of electronic resources with priority given to resources
that support the teaching of state academic content standards in
all public schools. Consideration shall be given by the Department
of Education to coordinating the allocation of these moneys with
the efforts of Libraries Connect Ohio, whose members include
OhioLINK, the Ohio Public Information Network, and the State
Library of Ohio.
Of the foregoing appropriation item 200426, Ohio Educational
Computer Network, up to $7,942,391 in each fiscal year shall be
used, through a formula and guidelines devised by the
Department,
to subsidize the activities of
designated information technology
centers, as defined by State Board of
Education rules, to provide
school districts and chartered
nonpublic schools with
computer-based student and teacher
instructional and
administrative information services, including
approved
computerized financial accounting, and to ensure the
effective
operation of local automated administrative and
instructional
systems.
The remainder of appropriation item 200426, Ohio Educational
Computer Network, shall be used to support development,
maintenance, and operation of a network of uniform and compatible
computer-based information and instructional systems. This
technical assistance shall include, but not be restricted to,
development and maintenance of adequate computer software systems
to support network activities. In order to improve the efficiency
of network activities, the
Department and information technology
centers may jointly purchase
equipment, materials, and services
from funds provided under this
appropriation for use by the
network and, when considered
practical by the Department, may
utilize the services of
appropriate state purchasing agencies.
Section 265.10.80. ACADEMIC STANDARDS
The foregoing appropriation item 200427, Academic
Standards,
shall be used by the Department of Education to
develop, revise,
and
communicate to school districts academic
content standards
and curriculum models.
Section 265.10.90. SCHOOL IMPROVEMENT INITIATIVES
Of the foregoing appropriation item 200431, School
Improvement Initiatives, up to $510,990 in each fiscal year shall
be used by the Department of Education to support educational
media centers to provide Ohio public schools with instructional
resources and services, with priority given to resources and
services aligned with state academic content standards.
Of the foregoing appropriation item 200431, School
Improvement Initiatives,
up to $9,349,007 in each fiscal year
shall be
used to support districts in the development and
implementation of their continuous improvement plans as
required
in
section 3302.04 of the Revised Code and to provide technical
assistance and support in accordance with Title I of the "No Child
Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317.
Section 265.20.10. STUDENT ASSESSMENT
Of the foregoing appropriation item 200437, Student
Assessment, up to $212,486
in each fiscal year may be used to
support the assessments
required under section 3301.0715 of the
Revised Code.
The Superintendent of Public Instruction and the Chancellor
of the Ohio Board of Regents shall determine a percentage of the
foregoing appropriation item 200437, Student Assessment, that
shall be used in each fiscal year to pay for all or a portion of
the following: (1) a college readiness exam for high school
juniors enrolled in Ohio secondary schools and (2) preparation,
practice examinations, and diagnostics related to a college
readiness exam, including, but not limited to, the PSAT, PLAN, and
EXPLORE. The Superintendent shall develop a plan, to be approved
by the Chancellor of the Board of Regents, to determine how to
allocate these funds in a manner which maximizes the number of
students who will be fully assessed for college readiness and in a
manner which allows for pre-college level remediation at the
earliest level possible. For examinations paid in whole or in part
by these funds and where scores may be submitted to institutions
of higher education, all students must submit their scores to the
University System of Ohio. Upon approval by the Chancellor, the
Superintendent shall submit the plan to the Controlling Board for
approval.
The Superintendent and the Chancellor jointly may negotiate
terms to enter into contracts with providers of preparatory
courses for the purpose of assisting students enrolled in Ohio
secondary schools prepare for student assessments.
Of the foregoing appropriation item 200437, Student
Assessments, a portion may be used by the Superintendent of Public
Instruction to reimburse public school districts for (1) a portion
of costs associated with Advanced Placement testing and Advanced
Placement programming, including teacher training, teaching
materials, and student supplies and equipment and (2) a portion of
costs associated with taking the International Baccalaureate
Examination. The Superintendent shall develop a plan, to be
approved by the Chancellor of the Board of Regents, to determine
how to allocate these funds in a manner which maximizes the number
of students who receive college credit through the Advanced
Placement testing process. Upon approval by the Chancellor, the
Superintendent shall submit the plan to the Controlling Board for
approval.
The remainder of appropriation item 200437, Student
Assessment,
shall be used to develop, field test, print,
distribute, score,
report results, and support other associated
costs for the tests required
under sections
3301.0710 and
3301.0711 of
the Revised Code and for similar
purposes as required
by section
3301.27 of the Revised Code. If funds remain in this
appropriation after these purposes have been fulfilled, the
Department may use the remainder of the appropriation to develop
end-of-course exams.
Section 265.20.20. ACCOUNTABILITY/REPORT CARDS
Of the foregoing appropriation item 200439,
Accountability/Report Cards, up to $2,378,976 in each fiscal year
shall be used to train district and regional specialists and
district educators in the use of the value-added progress
dimension and in the use of data as it relates to improving
student achievement. This funding shall be used in consultation
with a credible nonprofit organization with expertise in
value-added progress dimensions.
The remainder of appropriation item 200439,
Accountability/Report Cards, shall be used by the Department to
incorporate a statewide pilot value-added progress dimension into
performance ratings for school districts and for the development
of an accountability system that includes the preparation and
distribution of school report cards under section 3302.03 of the
Revised Code.
The foregoing appropriation item 200442, Child Care
Licensing, shall be used
by the Department of Education to license
and to inspect preschool and
school-age child care programs under
sections 3301.52 to 3301.59
of the Revised Code.
Section 265.20.30. EDUCATION MANAGEMENT INFORMATION SYSTEM
The foregoing appropriation item 200446, Education
Management
Information System, shall be used by the Department of
Education
to
improve the
Education Management
Information System
(EMIS).
Of the foregoing appropriation item 200446, Education
Management Information System, up to $1,276,761 in each fiscal
year shall be distributed
to designated information technology
centers for costs relating to
processing, storing,
and
transferring data for the effective
operation of the
EMIS. These
costs may include, but are not
limited to,
personnel, hardware,
software development,
communications
connectivity, professional
development, and support
services, and
to provide services to
participate in the State
Education
Technology Plan pursuant to
section 3301.07 of the
Revised Code.
Of the foregoing appropriation item 200446, Education
Management Information System, up to $7,874,541 in each fiscal
year shall be distributed
on a per-pupil basis
to school
districts, community schools
established under Chapter
3314. of
the Revised Code, educational
service centers, joint
vocational
school districts, and any other
education entity that reports
data through EMIS. From
this
funding, each school district or
community school established
under Chapter 3314. of the Revised
Code with enrollment greater
than 100
students and each vocational
school district shall
receive a
minimum of $5,000 in each fiscal
year. Each
school
district or community school established under
Chapter
3314. of
the Revised Code with enrollment between one and
one
hundred and
each
educational service center and each county
board of
MR/DD
that submits data through EMIS shall receive
$3,000 in each fiscal
year. This subsidy shall be used for costs
relating to reporting,
processing, storing, transferring, and
exchanging data necessary
to meet requirements of the Department
of Education's data system.
The remainder of appropriation item 200446, Education
Management Information System, shall be used to develop and
support a common core of data definitions and standards as adopted
by the Education Management Information System Advisory Board,
including the ongoing development and maintenance of the data
dictionary and data warehouse. In addition, such funds shall be
used to support the development and implementation of data
standards and the design, development, and implementation of a new
data exchange system.
Any provider of software meeting the standards approved by
the Education Management Information System Advisory Board shall
be designated as an approved vendor and may enter into contracts
with local school districts, community schools, information
technology centers, or other educational entities for the purpose
of collecting and managing data required under Ohio's education
management information system (EMIS) laws. On an annual basis, the
Department of Education shall convene an advisory group of school
districts, community schools, and other education-related entities
to review the Education Management Information System data
definitions and data format standards. The advisory group shall
recommend changes and enhancements based upon surveys of its
members, education agencies in other states, and current industry
practices, to reflect best practices, align with federal
initiatives, and meet the needs of school districts.
School districts and community schools not implementing a
common and uniform set of data definitions and data format
standards for Education Management Information System purposes
shall have all EMIS funding withheld until they are in compliance.
Section 265.20.40. GED TESTING
The foregoing appropriation item 200447, GED Testing, shall
be used to provide General Educational
Development (GED) testing
at no cost to applicants,
under
rules adopted by the State Board
of Education. The Department
of
Education may reimburse in fiscal
year 2010 school
districts and community schools,
created
under
Chapter 3314. of
the Revised Code,
for
a portion of the costs
incurred in providing
summer instructional
or
intervention
services to students who have
not graduated because of
their
inability to pass one or more parts
of the state's Ohio
Graduation Test. School districts shall also provide such
services
to
students who are
residents of the district under
section
3313.64
of the Revised Code, but
who are enrolled in
chartered,
nonpublic
schools. The services shall be
provided in
the public
school, in
nonpublic schools, in public centers, or in
mobile
units located
on or off the nonpublic school premises. No
school
district shall
provide summer instructional or intervention
services to
nonpublic
school students as authorized by this
section unless such services
are available to students attending
the public schools within the
district.
No school district shall
provide services for use in
religious courses,
devotional
exercises, religious training, or
any other religious activity.
Chartered, nonpublic schools shall
pay for any unreimbursed costs
incurred by school districts for
providing summer instruction or
intervention services to
students
enrolled in chartered,
nonpublic
schools. School
districts may
provide these services to
students
directly or
contract with
postsecondary or nonprofit
community-based institutions in
providing instruction.
Section 265.20.50. EDUCATOR PREPARATION
Of the foregoing appropriation item 200448, Educator
Preparation, up to $350,000 in each fiscal year shall be used for
training and professional development of school administrators,
school treasurers, and school business officials.
The remainder of appropriation item 200448, Educator
Preparation, may be used by the Department to support the Educator
Standards Board under section 3319.61 of the Revised Code as it
develops and recommends to the State Board of Education standards
for educator training and standards for teacher and other school
leadership positions. Also, any remaining funds may be used by the
Department to develop alternative preparation programs for school
leaders and coordination of a career ladder for teachers.
Section 265.20.60. COMMUNITY SCHOOLS
Of the foregoing appropriation item 200455, Community
Schools, up
to $1,308,661 in each fiscal year may be used by the
Department of Education for additional
services and
responsibilities under section 3314.11 of the Revised
Code.
Of the foregoing appropriation item 200455, Community
Schools, up to $225,000 in each fiscal year may be used by the
Department of Education for developing and conducting training
sessions for sponsors and prospective sponsors of community
schools as prescribed in division (A)(1) of section 3314.015 of
the Revised Code. In developing the training sessions, the
Department shall collect and disseminate examples of best
practices used by sponsors of independent charter schools in Ohio
and other states.
The foregoing appropriation item 200457, STEM Initiatives,
shall be used for initiatives that support innovative mathematics
and science education and mathematics and science professional
development for teachers. Such initiatives may include on-site
laboratories, job-embedded professional development, and mentoring
and coaching.
PUBLIC SCHOOL EMPLOYEES HEALTH CARE BOARD
The foregoing appropriation item 200458, Public School
Employees Health Care Board, shall be used by the School Employees
Health Care Board to hire staff to provide administrative support
to the Board as the Board accomplishes its duties under section
9.901 of the Revised Code.
Section 265.20.70. PUPIL TRANSPORTATION
Of the foregoing appropriation item 200502, Pupil
Transportation, up to $838,930 in each fiscal year may be used by
the Department of
Education for training prospective and
experienced
school bus
drivers in accordance with training
programs
prescribed by the
Department. Up to $60,469,220 in each
fiscal year may be used by the Department of
Education for
special education transportation
reimbursements to
school
districts and county MR/DD boards for transportation
operating
costs as provided in division (J) of section 3317.024 of
the
Revised Code. The remainder of appropriation item 200502,
Pupil
Transportation, shall be used for the state reimbursement of
public school districts' costs in transporting pupils to and from
the school they attend in accordance with the district's
policy,
State Board of Education standards, and division (J) of section
3306.12 of the Revised Code.
Section 265.20.80. BUS PURCHASE ALLOWANCE
The foregoing appropriation item 200503, Bus Purchase
Allowance, shall be distributed to school districts,
educational
service
centers, and county MR/DD boards pursuant to
rules adopted
under
section 3317.07 of the Revised Code. Up to
28 per cent of
the
amount appropriated may be used to reimburse
school districts
and
educational service centers for the purchase of buses to
transport
students with disabilities and nonpublic school students
and to county MR/DD boards, the Ohio School for the Deaf, and the
Ohio School for the Blind for the purchase of buses to transport
students with disabilities.
The foregoing appropriation item 200505, School Lunch
Match,
shall be used to provide matching funds to obtain federal
funds
for the school lunch program.
Any remaining appropriation after providing matching funds
for the school lunch program shall be used to partially reimburse
school buildings within school districts that are required to have
a school breakfast program under section 3313.813 of the Revised
Code, at a rate decided by the Department.
Section 265.20.90. AUXILIARY SERVICES
The foregoing appropriation item 200511, Auxiliary
Services,
shall be used by the Department of Education for the
purpose of
implementing section 3317.06 of the Revised Code. Of
the
appropriation, up to $2,121,800 in each fiscal year may be used
for payment of the
Post-Secondary Enrollment
Options Program for
nonpublic students.
Notwithstanding section
3365.10 of the
Revised Code, the
Department
shall distribute funding according
to rules adopted by the Department in accordance with Chapter 119.
of the Revised Code.
Section 265.30.10. NONPUBLIC ADMINISTRATIVE COST
REIMBURSEMENT
The foregoing appropriation item 200532, Nonpublic
Administrative Cost Reimbursement, shall be used by the Department
of Education for the purpose of implementing section
3317.063 of
the Revised Code.
Section 265.30.20. SPECIAL EDUCATION ENHANCEMENTS
Of the foregoing appropriation item 200540, Special
Education
Enhancements, up to
$2,906,875 in each fiscal year
shall
be used
for home
instruction
for
children with disabilities.
Of the foregoing appropriation item 200540, Special
Education
Enhancements, up to $47,518,582 in fiscal year 2010 and up to
$48,421,435 in fiscal year 2011 shall be used to
fund
special
education
and related
services at
county boards of mental
retardation and
developmental
disabilities for
eligible students
under section
3317.20 of the
Revised Code and at
institutions for
eligible
students under
section 3317.201 of the Revised Code.
Notwithstanding the distribution formulas under sections 3317.20
and 3317.201 of the Revised Code, funding for MR/DD boards and
institutions in fiscal year 2010 and fiscal year 2011 shall be
determined by inflating the per pupil amount received by each
MR/DD board and institution in the prior fiscal year by 1.9 per
cent and providing that inflated per pupil amount for each student
served in the current fiscal year.
The remainder of appropriation item 200540, Special
Education
Enhancements, shall be
distributed by
the
Department of Education
to
county boards of
mental retardation and
developmental
disabilities, educational
service centers, and
school districts
for preschool
special
education units and
preschool supervisory
units under
section 3317.052 of
the Revised
Code. To the greatest
extent possible, the
Department of
Education
shall allocate these
units to school
districts and
educational
service centers.
The Department may reimburse county MR/DD boards, educational
service centers, and school districts for services provided by
instructional assistants, related services as defined in rule
3301-51-11 of the Administrative Code, physical therapy services
provided by a licensed physical therapist or physical therapist
assistant under the supervision of a licensed physical therapist
as required under Chapter 4755. of the Revised Code and Chapter
4755-27 of the Administrative Code and occupational therapy
services provided by a licensed occupational therapist or
occupational therapy assistant under the supervision of a licensed
occupational therapist as required under Chapter 4755. of the
Revised Code and Chapter 4755-7 of the Administrative Code.
Nothing in this section authorizes occupational therapy assistants
or physical therapist assistants to generate or manage their own
caseloads.
The Department of Education shall require school districts,
educational service centers, and county MR/DD boards serving
preschool children with disabilities to document child progress
using research-based indicators prescribed by the Department and
report
results annually. The reporting dates and method shall be
determined by the Department.
Section 265.30.30. CAREER-TECHNICAL EDUCATION ENHANCEMENTS
Of the foregoing appropriation item 200545, Career-Technical
Education Enhancements, up to
$2,633,531 in fiscal year 2010 and
up to $2,683,568 in fiscal year 2011 shall
be used to fund
secondary
career-technical
education at
institutions.
Notwithstanding sections 3317.05, 3317.052, and 3317.053 of the
Revised Code, the Department of Education shall distribute funding
to institutions for career-technical programming on a grant basis.
Of the foregoing appropriation item 200545, Career-Technical
Education
Enhancements, up to $2,228,281 in each fiscal year shall
be
used by the
Department of Education to fund
competitive grants
to
tech prep
consortia that expand the number of students
enrolled
in
tech prep
programs. These grant funds shall be used to directly
support
expanded tech prep programs provided
to
students enrolled
in
school
districts, including joint
vocational
school districts,
and
affiliated higher education
institutions. This support may
include the purchase of equipment.
Of the foregoing appropriation item
200545, Career-Technical
Education Enhancements, up to $2,890,850 in each fiscal year shall
be
used by the Department of Education to
support
existing High
Schools That Work
(HSTW) sites,
develop and support new
sites,
fund technical assistance, and
support regional
centers and
middle
school programs. The purpose
of HSTW is to
combine
challenging
academic courses and modern
career-technical
studies to
raise the
academic achievement
of students.
HSTW provides
intensive
technical assistance, focused
staff
development,
targeted
assessment services, and ongoing
communications and
networking
opportunities.
Section 265.30.40. FOUNDATION FUNDING
The foregoing appropriation item 200550, Foundation Funding,
includes $75,000,000 in each fiscal year for the state education
aid offset due to the change in public utility valuation as a
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd
General Assembly. This amount represents the total state
education
aid offset due to the valuation change for school
districts and
joint vocational school districts from all relevant appropriation
line item sources. Upon certification by the
Department of
Education, in consultation with the Department of Taxation, to the
Director of Budget and
Management of the actual state aid offset,
the cash transfer from the School District Property Tax
Replacement - Utility Fund (Fund 7053) to the General Revenue
Fund
shall be
decreased or increased by the Director of Budget
and
Management to
match the certification in accordance with
section
5727.84 of the
Revised Code.
The foregoing appropriation item 200550, Foundation Funding,
includes $106,768,866 in fiscal year 2010 and $238,511,467 in
fiscal year 2011 for the state education aid offset because of the
changes in tangible personal property valuation as a result of Am.
Sub. H.B. 66 of the 126th General Assembly. This amount represents
the total state education aid offset because of the valuation
change for school districts and joint vocational school districts
from all relevant appropriation item sources. Upon certification
by the Department of Education of the actual state education aid
offset to the Director of Budget and Management, the cash transfer
from the School District Tangible
Property Tax Replacement -
Business Fund (Fund 7047) to the General Revenue Fund shall be
decreased or
increased by the Director of Budget and Management
to match the
certification in accordance with section 5751.21 of
the Revised
Code.
Of the foregoing appropriation item 200550, Foundation
Funding,
up to $425,000 shall be expended in each fiscal year for
court payments under section 2151.362 of the
Revised
Code and up
to $15,000,000 in
each
fiscal year shall be
reserved for
payments
under sections
3317.026,
3317.027,
and
3317.028 of
the Revised
Code
except that
the
Controlling
Board
may
increase
the
$15,000,000
amount if
presented
with such a
request
from the
Department of
Education.
Of the
foregoing
appropriation item
200550, Foundation
Funding,
up to
$10,000,000 in each fiscal year shall be used to
provide
additional
state aid to school districts for special
education
students under division (C)(3) of section 3317.022
of
the
Revised
Code, except that the Controlling Board may increase
these amounts
if presented with such a request from the
Department of Education
at the final meeting of the fiscal year;
up to $2,000,000 in each
fiscal year shall
be reserved for Youth
Services tuition payments
under
section 3317.024 of the Revised
Code; and
up to $42,300,000
in
each fiscal year shall be
reserved
to fund the state
reimbursement
of educational service centers
under section 3317.11
of the
Revised Code and the section of this
act entitled
"EDUCATIONAL SERVICE
CENTERS
FUNDING."
Of the foregoing appropriation item 200550, Foundation
Funding, an amount shall be available in each fiscal year to be
used by the Department of Education for transitional aid for
school districts under section 3306.19 of the Revised Code.
Of the foregoing appropriation item 200550, Foundation
Funding, up
to $1,000,000 in each fiscal year shall be
used by the
Department of Education for a program to pay
for educational
services for youth who have been assigned by a
juvenile court or
other authorized agency to any of the facilities described
in
division (A) of the section of this act entitled "PRIVATE
TREATMENT FACILITY
PROJECT."
Of the foregoing appropriation item 200550, Foundation
Funding, up to $8,686,000 in fiscal year 2010 and up to $8,722,860
in fiscal year 2011 shall be used to operate the school choice
program.
Of the portion of the funds distributed to the Cleveland
Municipal
School
District under this section, up to
$11,901,887 in
each fiscal year shall be used to operate the school
choice
program
in the Cleveland Municipal School District under sections
3313.974 to 3313.979 of the Revised Code. Notwithstanding
divisions (B) and (C) of section 3313.978 and division (C) of
section 3313.979 of the Revised Code, up to $1,000,000 in each
fiscal year of this amount shall be used by the Cleveland
Municipal School District to provide tutorial assistance as
provided in division (H) of section 3313.974 of the Revised Code.
The Cleveland Municipal School District shall report the use of
these funds in the district's three-year continuous improvement
plan as described in section 3302.04 of the Revised Code in a
manner approved by the Department of Education.
Of the foregoing appropriation item 200550, Foundation
Funding, $263,184,858 for fiscal year 2010 and $268,185,371 for
fiscal year 2011 shall be paid to joint vocational school
districts in accordance with the section of this act entitled
"FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."
Appropriation items 200455, Community Schools, 200502, Pupil
Transportation,
200540, Special Education Enhancements, 200541,
Special Education - Federal Stimulus,
200550, Foundation Funding,
200551, Foundation Funding - Federal Stimulus, and 200609, Poverty
Funding - Federal Stimulus, other
than specific set-asides, are
collectively used in each fiscal year to pay state
formula aid
obligations for school districts, community schools, and joint
vocational
school
districts under this act and Chapter 3306. of
the Revised Code.
The first
priority of these appropriation
items, with the
exception of
specific set-asides, is to fund
state formula aid
obligations. It may be
necessary to
reallocate
funds among these
appropriation items or use excess
funds from
other general
revenue fund appropriation items in the
Department
of Education's
budget in each fiscal year, in
order to
meet
state formula aid
obligations. If it is determined
that it is
necessary to transfer
funds among these appropriation
items or to
transfer funds from
other General Revenue Fund appropriations in
the Department of
Education's budget to meet state formula aid
obligations, the
Department of
Education shall seek approval from
the Controlling
Board to
transfer funds as needed.
Section 265.30.50. FUNDING FOR JOINT VOCATIONAL
SCHOOL
DISTRICTS
(A) The Department of Education shall distribute funds within
appropriation item 200550, Foundation Funding, for joint
vocational funding in each fiscal year to each joint vocational
school district
that received joint vocational funding in fiscal
year 2009. The
Department shall distribute to each such district
joint vocational funding
in an amount equal to the district's
joint
vocational funding from the previous fiscal year inflated
by 1.9 per cent.
(B)(1) A
district's fiscal year 2009 joint vocational
funding equals the sum of the
following, as reconciled by the
Department:
(a) Base-cost funding under division (B) of section 3317.16
of the Revised Code;
(b) Special education and related services additional
weighted funding under division (D)(1) of section 3317.16 of the
Revised Code;
(c) Speech services funding under division (D)(2) of section
3317.16 of the Revised Code;
(d) Vocational education additional weighted funding under
division (C) of section 3317.16 of the Revised Code;
(e) GRADS funding under division (N) of section 3317.024 of
the Revised Code;
(f) Any transitional aid computed for the
district under
Section 269.30.90 of Am. Sub. H.B. 119 of the 127th
General
Assembly.
(2) The joint vocational funding for each fiscal year for
each district is the amount specified in division (A) or (B) of
this section less any general
revenue fund spending reductions
ordered by the Governor under
section 126.05 of the Revised Code.
Section 265.30.60. TEACH OHIO
Of the foregoing appropriation item 200555, Teach Ohio,
$1,000,000 in each fiscal year shall be used to support the
program established under division (A) of section 3333.39 of the
Revised Code to encourage high school students interested in
entering the teaching profession.
The remainder of the appropriation shall be used to support
alternative teacher licensure programs under section 3319.26 and
division (C) of section 3333.39 of the Revised Code developed in
partnership with the Department of Education, educational service
centers, and institutions of higher education. Programs shall
support teacher licensure in laboratory-based science, advanced
mathematics, or foreign language at the secondary education level
and employment with an Ohio school district designated by the
Department as a hard-to-staff school. The programs shall be
consistent with the State Board of Education's alternative
licensure requirements.
Section 265.30.70. VIOLENCE PREVENTION AND SCHOOL SAFETY
Of the foregoing appropriation item 200578, Violence
Prevention and School Safety, up to $224,250 in each fiscal year
shall be used to fund a safe school center to provide resources
for parents and for school and law enforcement personnel.
The remainder of the appropriation shall be distributed based
on guidelines developed by the Department of Education to enhance
school safety. The guidelines shall provide a list of
research-based best practices and programs from which local
grantees shall select based on local needs. These practices shall
include, but not be limited to, school resource officers and safe
and drug free school coordinators and social-emotional development
programs.
Section 265.30.80. PROPERTY TAX ALLOCATION
- EDUCATION
The Superintendent of Public Instruction shall not request,
and the Controlling Board shall not approve, the transfer of
appropriation
from appropriation item 200901, Property Tax
Allocation -
Education, to any other appropriation item.
The appropriation item 200901, Property Tax Allocation -
Education, is appropriated to
pay for the state's costs
incurred
because of the homestead exemption, the property tax rollback, and
payments required under division (C) of section 5705.2110 of the
Revised Code.
In
cooperation with the Department
of Taxation, the
Department of
Education shall
distribute these
funds directly to
the appropriate
school districts of the
state,
notwithstanding
sections 321.24 and
323.156 of
the
Revised Code, which provide for
payment of the
homestead
exemption and
property tax rollback by
the Tax
Commissioner to the
appropriate county
treasurer and the
subsequent redistribution of
these funds to the appropriate
local
taxing districts by the
county auditor.
Upon receipt of these amounts, each school district shall
distribute the
amount among the proper funds as if it had been
paid as real or tangible personal property taxes. Payments for
the
costs of
administration shall
continue to be paid to the
county
treasurer
and county auditor as provided for
in sections
319.54,
321.26,
and 323.156 of the Revised Code.
Any sums, in addition to the amount specifically
appropriated
in
appropriation
items 200901, Property Tax
Allocation -
Education, for the homestead
exemption and the
property tax
rollback payments, and payments required under division (C) of
section 5705.2110 of the Revised Code, which are determined to be
necessary for
these
purposes,
are hereby appropriated.
Section 265.30.90. TEACHER CERTIFICATION AND LICENSURE
The foregoing appropriation item 200681, Teacher
Certification and Licensure, shall be used by the Department of
Education in
each year of the biennium to administer and support
teacher
certification and licensure
activities.
SCHOOL DISTRICT SOLVENCY ASSISTANCE
Of the foregoing appropriation item 200687, School District
Solvency Assistance, $9,000,000 in each fiscal year shall be
allocated to the School District Shared Resource Account and
$9,000,000 in each fiscal year shall be allocated to the
Catastrophic Expenditures Account. These funds shall be used to
provide assistance and grants to
school
districts to enable them
to remain solvent under section
3316.20
of the Revised Code.
Assistance and grants shall be subject to
approval by the
Controlling Board. Any required reimbursements from
school
districts
for solvency assistance shall be made to the appropriate
account in the School
District Solvency Assistance Fund (Fund
5H30).
Notwithstanding any provision of law to the contrary, upon
the request of the Superintendent of Public Instruction, the
Director of Budget and Management may make transfers to the School
District Solvency Assistance Fund (Fund 5H30) from any fund used
by the Department
of Education or the General Revenue Fund to
maintain sufficient cash balances in Fund 5H30 in fiscal years
2010 and 2011. Any
cash transferred is hereby appropriated. The
transferred cash
may be used by the Department of Education to
provide assistance
and grants to school districts to enable them
to remain solvent
and to pay unforeseeable expenses of a
temporary or emergency
nature that the school district is unable
to pay from existing
resources. The Director of Budget and
Management shall notify the
members of the Controlling Board of
any such transfers.
Section 265.40.10. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS
Upon the request of the Superintendent of Public Instruction,
the Director of Budget and Management may transfer up to $639,000
cash in each fiscal year from the General Revenue Fund to the
Schools Medicaid Administrative Claims Fund (Fund 3AF0). The
transferred cash is to be used by the Department of Education to
pay the expenses the Department incurs in administering the
Medicaid School Component of the Medicaid program established
under sections 5111.71 to 5111.715 of the Revised Code. On June 1
of each fiscal year, or as soon as possible thereafter, the
Director of Budget and Management shall transfer cash from Fund
3AF0 back to the General Revenue Fund in an amount equal to the
total amount transferred to Fund 3AF0 in that fiscal year.
The money deposited into Fund 3AF0 under division (B) of
section 5111.714 of the Revised Code is hereby appropriated for
fiscal years 2010 and 2011 and shall be used in accordance with
division (D) of section 5111.714 of the Revised Code.
Section 265.40.20. READING FIRST
The foregoing appropriation item 200632, Reading First,
shall be used by school districts to administer federal diagnostic
tests as well as other functions permitted by federal statute.
Notwithstanding section 3301.079 of the Revised Code, federal
diagnostic tests may be recognized as meeting the state diagnostic
testing requirements outlined in section 3301.079 of the Revised
Code.
HALF-MILL MAINTENANCE EQUALIZATION
The foregoing appropriation item 200626, Half-Mill
Maintenance Equalization, shall be used to make payments pursuant
to section 3318.18 of the Revised Code.
Section 265.40.30. START-UP FUNDS
Funds appropriated for the purpose of providing start-up
grants to Title IV-A Head Start and Title IV-A Head Start Plus
agencies in fiscal year 2004 and fiscal year 2005 for the
provision of services to children eligible for Title IV-A services
under the Title IV-A Head Start or Title IV-A Head Start Plus
programs shall be reimbursed to the General Revenue Fund as
follows:
(A) If, for fiscal years 2010 or 2011, an entity that was a
Title IV-A
Head Start or Title IV-A Head Start Plus agency will
not be an
early learning agency or early learning provider, the
entity shall
repay the entire amount of the start-up grant it
received in
fiscal year 2004 and fiscal year 2005 not later than
June 30,
2019, in accordance with a payment schedule agreed to
by the
Department of Education.
(B) If an entity that was a Title IV-A Head Start or Title
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year
2005 will be an early learning agency or early learning provider
in fiscal year 2010 and fiscal year 2011, the entity shall be
allowed to retain any amount of the start-up grant it received,
unless division (D) of this section applies to the entity. In that
case, the entity shall repay the entire amount of the obligation
described in that division not later than June 30, 2019.
(C) Within ninety days after the closure of an early learning
agency or early learning provider that was a Title IV-A Head Start
Plus agency in fiscal year 2004 or fiscal year 2005, the former
Title IV-A Head
Start agencies, Title
IV-A Head
Start
Plus
agencies, and the
Department of Education
shall
determine the
repayment schedule
for amounts owed under
division (A) of this
section. These
amounts shall be paid to the
state not later than
June 30,
2019.
(D) If an entity that was a Title IV-A Head Start or Title
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year
2005 owed the state any portion of the start-up grant amount
during fiscal year 2006 or fiscal year 2007 but failed to repay
the entire amount of the obligation by June 30, 2007, the entity
shall be given an extension for repayment through June 30,
2019,
before any amounts remaining due and payable to the state
are
referred to the Attorney General for collection under section
131.02 of the Revised Code.
(E) Any Title IV-A Head Start or Title IV-A Head Start Plus
start-up grants that are retained by early learning agencies or
early learning providers pursuant to this section shall be
reimbursed to the General Revenue Fund when the early learning
program ceases or is no longer funded from Title IV-A or if an
early learning agency's or early learning provider's participation
in the early learning program ceases or is terminated.
Section 265.40.40. AUXILIARY SERVICES REIMBURSEMENT
Notwithstanding section 3317.064 of the Revised Code, if the
unexpended, unencumbered cash balance is sufficient, the Treasurer
of
State
shall transfer $1,500,000 in fiscal year 2010 within
thirty
days
after the effective date of this section, and
$1,500,000 in fiscal
year 2011 by August 1, 2010, from the
Auxiliary Services
Personnel
Unemployment Compensation Fund to the
Auxiliary Services Reimbursement Fund (Fund 5980) used by the
Department of
Education.
Section 265.40.50. LOTTERY PROFITS EDUCATION FUND
Appropriation item 200612, Foundation
Funding (Fund 7017),
shall
be used in conjunction with appropriation item
200550,
Foundation
Funding (GRF), to provide payments to school districts
under
Chapter 3306. of
the Revised Code.
The Department of Education, with the approval of the
Director of Budget and Management, shall determine the monthly
distribution schedules of appropriation item 200550, Foundation
Funding (GRF), and
appropriation item 200612, Foundation Funding
(Fund 7017). If adjustments to the
monthly
distribution schedule
are
necessary, the Department of
Education shall make such
adjustments with the approval of the
Director of Budget and
Management.
Section 265.40.60. LOTTERY PROFITS EDUCATION RESERVE FUND
(A) There is hereby created the Lottery Profits Education
Reserve
Fund (Fund 7018) in the State Treasury. Investment
earnings
of the Lottery Profits Education Reserve Fund
shall be
credited to
the fund. The Superintendent of Public Instruction may
certify
cash balances exceeding $75,000,000 in Fund 7018 to the
Director of
Budget and
Management in June of any given fiscal
year. Prior to
making the
certification, the Superintendent of
Public
Instruction shall
determine whether the funds above the
$75,000,000 threshold are
needed to help pay for foundation
program obligations for that
fiscal year under Chapter 3306. of
the Revised Code.
For fiscal years 2010 and 2011, notwithstanding any
provisions of law to the contrary, amounts
necessary to
make loans
authorized by
sections 3317.0210, 3317.0211, and
3317.62 of the
Revised Code are hereby appropriated to Fund 7018. Loan repayments
from loans
made
in previous years shall be deposited to the
fund.
(B) On July 15, 2009, or as soon as possible thereafter, the
Director of the Ohio Lottery Commission shall certify to the
Director of Budget
and
Management the amount by which lottery
profit
transfers received by the Lottery Profits Education Fund
(Fund 7017) exceeded $667,900,000 in
fiscal year 2009.
The
Director of Budget and Management may transfer the amount so
certified, plus the cash balance in Fund 7017, to Fund 7018.
(C) On July 15, 2010, or as soon as possible thereafter, the
Director of the Ohio Lottery Commission shall certify to the
Director of Budget and
Management the amount by which lottery
profit
transfers received by Fund 7017 exceeded $705,000,000 in
fiscal year 2010. The
Director
of Budget and Management may
transfer the amount so
certified,
plus the cash balance in Fund
7017, to Fund 7018.
(D) Any amounts transferred under division (B) or (C) of this
section may be made available by the Controlling Board in fiscal
years 2010 or 2011, at the request of the Superintendent of Public
Instruction, to provide assistance and grants to school districts
to enable them to remain solvent and to pay unforeseeable expenses
of a temporary or emergency nature that they are unable to pay
from existing resources under section 3316.20 of the Revised Code,
and to provide payments to school districts under Chapter 3306. of
the Revised Code.
Section 265.40.70. GENERAL REVENUE FUND TRANSFERS TO SCHOOL
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047)
Notwithstanding any provision of law to the contrary, in
fiscal year 2010 and fiscal year 2011 the Director of Budget and
Management may make temporary transfers between the General
Revenue Fund and the School District Property Tax Replacement –
Business Fund (Fund 7047) in the Department of Education to ensure
sufficient balances in Fund 7047 and to replenish the
General
Revenue Fund for such transfers.
Section 265.40.80. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -
BUSINESS
The foregoing appropriation item 200909, School District
Property Tax Replacement – Business, shall be used
by
the
Department of Education, in consultation with the
Department
of
Taxation, to make payments to school districts and
joint
vocational school districts under section 5751.21 of the
Revised
Code. If it is determined by the Director of Budget and
Management
that additional appropriations are necessary for this
purpose,
such amounts are hereby appropriated.
SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY
The foregoing appropriation item 200900, School District
Property Tax Replacement-Utility, shall be used by
the Department
of
Education, in consultation with the Department
of Taxation, to
make payments to school districts and joint
vocational school
districts under section 5727.85 of the Revised
Code.
If it is
determined by the Director of Budget and Management that
additional appropriations are necessary for this purpose, such
amounts are hereby appropriated.
The Department of Education shall report the following to the
Director of Budget and Management and the
Legislative Service
Commission:
(A) Changes in formulas for distributing state
appropriations, including administratively defined formula
factors;
(B) Discretionary changes in formulas for distributing
federal appropriations;
(C) Federally mandated changes in formulas for distributing
federal appropriations.
Any such changes shall be reported two weeks prior to the
effective date of the change.
Section 265.40.90. CLEVELAND MUNICIPAL SCHOOL DISTRICT EARLY
ADOPTER PROJECT
There is hereby established the Cleveland Municipal School
District Early Adopter Project. The project shall consist of the
following:
(A) The Cleveland Municipal School District shall be fully
funded under the provisions of Chapter 3306. of the Revised Code
in fiscal years 2010 and 2011.
(B) Upon the expiration of any collective bargaining
agreement reached under Chapter 4117. of the Revised Code and
notwithstanding any provisions of agreements between employee
organizations and public employers made pursuant to Chapter 4117.
of the Revised Code, the chief executive officer of the District
may assign teachers based upon the needs of students in individual
organizational units.
(C)(1) A curriculum audit shall be conducted by an
organization with the requisite experience in conducting such
studies of urban districts. The curriculum audit shall review the
district's curriculum management system and make recommendations
to address the District's:
(a) Control of resources, programs, and personnel to improve
academic success;
(b) Establishment of clear and valid objectives for students;
(c) Internal consistency and rational equity in academic
program development and implementation;
(d) Use of the results from district designed or adopted
assessments to adjust, improve, or terminate ineffective practices
or programs;
(e) Productivity through the District's curriculum management
system; and
(f) Any other factor as determined by the Superintendent of
Public Instruction, in consultation with the District's chief
executive officer.
(2) A business and operational management study shall be
conducted by an organization with the requisite experience in
conducting such studies for urban districts. The study shall
review the District's business and operational management systems
and make recommendations to address the District's:
(a) Financial operations, business services, human resources,
school facilities, technology systems, and other services
identified by the Superintendent of Public Instruction to increase
their
effectiveness and efficiency;
(b) Overall leadership, management, and organizational
structure to improve the productivity of the District;
(c) Alignment of instructional and business operations to
achieve the District's academic mission; and
(d) Any other factors determined by the Superintendent of
Public Instruction, in consultation with the District's chief
executive officer.
(3) The Superintendent of Public Instruction, in consultation
with the District's chief executive officer, shall select a
vendor to provide the services identified under divisions (C)(1)
and (2) of this section. The selected vendor must meet the minimum
qualifications as set forth in divisions (C)(1) and (2) of this
section and any other qualifications established by the
Superintendent of Public Instruction.
(D) The chief executive officer of the District shall use the
recommendations of the studies under division (C) of this section
and the District's Human Ware Audit
to work collaboratively with
the District's system redesign
advisory council to identify
systems
redesign and school improvement strategies that will
improve the
District's ability to effectively and efficiently
meet its
mission. The chief executive officer of the District
shall utilize
systems redesign and school improvement strategies
to create a
five-year strategic plan. When creating the five-year
plan, the
chief executive officer shall implement the
recommendations of the
studies conducted under division (C) of
this section unless a
waiver is obtained from the Superintendent
of Public Instruction.
The District Board of Education shall
adopt and monitor the
implementation of the District's five-year
strategic plan.
(E) The District shall hire a chief systems redesign officer
who shall report directly to the chief executive officer. The
chief systems redesign officer shall use relevant data from the
studies conducted under division (C) of this section to work
collaboratively with the Department of Education, the systems
redesign advisory council, and the transformational leadership
team of each organizational unit in the District under division
(G) of this section to create a five-year redesign plan for each
organizational unit. When creating the plans for each
organizational unit, the chief executive officer and the chief
systems redesign officer shall
incorporate all applicable
recommendations of the studies conducted under division (C) of
this section for each organizational unit
in the District unless
a waiver
is obtained from the Superintendent of Public
Instruction. The
District Board of Education shall adopt and
monitor the
implementation of the five-year strategic plan for
each
organizational unit in the District.
(F) The District shall create a district-level systems
redesign advisory council to assist the chief systems redesign
officer hired under division (E) of this section. The
advisory
council shall make recommendations to the chief systems
redesign
officer regarding the implementation of the systems
redesign of
each organizational unit, the implementation of the
recommendations of the reports made pursuant to division (C) of
this section, the implementation of the recommendations of the
District's Human Ware Audit, and any other matters that the chief
systems
redesign officer requests. The advisory council shall
consist of
the following:
(1) The chief executive officer or designee, who
shall serve
as chair;
(2) A representative from a philanthropic organization in the
city of Cleveland;
(3) A parent of a student enrolled in the District, appointed
by the chief executive officer of the District;
(4) A principal employed by the District, appointed by the
chief executive officer of the District;
(5) A lead teacher employed by the District, appointed by the
chief executive officer of the District;
(6) A collective bargaining representative from the District
representing teachers, appointed by the collective bargaining unit
for teachers in the District;
(7) A collective bargaining representative from the District
representing support staff, appointed by the collective bargaining
unit for support staff in the District;
(8) A representative of the community at large, appointed by
the chief executive officer of the District;
(9) A family and community engagement coordinator employed by
the District, appointed by the chief executive officer of the
District;
(10) A representative from an institution of higher education
in the Cleveland metropolitan area, appointed by the Chancellor of
the Board of Regents;
(11) A representative from the Department of Education,
appointed by the Superintendent of Public Instruction;
(12) A student from the eleventh or twelfth grade of a 9-12
organizational unit, appointed by the chief executive officer of
the District.
(G) The District shall create a transformational leadership
team in each organizational unit in order to implement a systems
redesign of each organizational unit in the District based upon
best practices of systems redesign and school improvement, the
recommendations of the District's Human Ware Audit, and any
applicable
recommendations made under division (C) of this
section. Each
transformational leadership team shall also define
student success for the organizational unit
in terms that align
with the vision, mission, and goals of the
strategic plan
developed by the Superintendent of Public
Instruction. Each team
shall include at least the following:
(1) The principal from that organizational unit, who shall
serve as co-chair;
(2) The collective bargaining unit representative for
teachers from that organizational unit, who shall serve as
co-chair;
(3) The collective bargaining unit representative for support
staff from that organizational unit;
(4) The lead teacher from that organizational unit;
(5) A parent of a student who attends the organizational
unit, selected by the principal;
(6) A representative of the community at large, selected by
the principal;
(7) A family and community engagement coordinator from that
organizational unit;
(8) A student from the seventh or eighth grade of a K-8
organizational unit, or a student from the eleventh or twelfth
grade of a 9-12 organizational unit, selected by the principal.
(H) The Superintendent of Public Instruction shall provide
technical assistance and monitoring in order to assist the
District in implementing the District and organizational unit
redesign plans.
(I) The chief executive officer of the District shall issue a
progress report at the end of each fiscal year to the Governor and
Superintendent of Public Instruction. The progress report shall
demonstrate the District's progress toward meeting the
recommendations of the curriculum audit and business and
operations management study. If the Superintendent determines that
there has not been sufficient progress toward meeting the
recommendations of the curriculum audit and business and
operations management study in fiscal year 2010, the District
shall be ineligible in
fiscal year 2011 for funds provided for
the Early Adopter Project
in appropriation item 200422, School
Management Assistance, and
transitional aid under section 3306.19
of the Revised Code.
Section 265.50.10. EDUCATIONAL SERVICE CENTERS FUNDING
Notwithstanding divisions (F) and (H) of section 3317.11 of
the Revised Code, state funding for each educational service
center under those divisions in fiscal years 2010 and 2011 shall
be equal to 90 per cent of the funding provided to the center for
fiscal year 2009 under those divisions and Section 269.50.30 of
Am. Sub. H.B. 119 of the 127th General Assembly.
Section 265.50.20. WAIVER OF PUPIL TO TEACHER RATIO
For the school year commencing July 1,
2009,
or the school
year commencing July 1, 2010, or both, the
Superintendent of
Public Instruction may waive for the board of
education of any
school district the ratio of teachers to pupils
in kindergarten
through fourth grade required under paragraph
(A)(3) of rule
3301-35-05 of the Administrative Code if the
following conditions
apply:
(A) The board of education requests the waiver.
(B) After the Department of Education conducts an on-site
evaluation of the district related to meeting the required ratio,
the board of education demonstrates to the satisfaction of the
Superintendent of Public Instruction
that providing the facilities
necessary to meet the
required ratio during the district's regular
school hours with
pupils in attendance would impose an extreme
hardship on the
district.
(C) The board of education provides assurances that are
satisfactory to the Superintendent of Public Instruction that the
board will act in good faith to meet the required ratio as soon
as
possible.
Section 265.50.30. PRIVATE TREATMENT FACILITY PROJECT
(A) As used in this section:
(1) The following are
"participating residential treatment
centers":
(a) Private residential treatment facilities that have
entered into a contract with the Department of Youth
Services
to
provide services to children placed at the facility
by the
Department and which, in fiscal year 2010 or fiscal year 2011 or
both, the
Department pays through appropriation item 470401,
Care
and
Custody;
(c) Paint Creek, in Bainbridge;
(e) F.I.R.S.T., in Mansfield.
(2)
"Education program" means an elementary or secondary
education program or a special education program and related
services.
(3)
"Served child" means any child receiving an education
program pursuant to division (B) of this section.
(4)
"School district responsible for tuition" means a city,
exempted village, or local school district that, if tuition
payment for a child by a school district is required under law
that existed
in fiscal year 1998,
is the school district required
to pay that tuition.
(5)
"Residential child" means a child who resides in a
participating residential treatment center and who is receiving
an
educational program under division (B) of this section.
(B) A youth who is a resident of the state and
has been
assigned by a juvenile court or other authorized agency
to a
residential treatment facility specified in division (A)
of this
section shall be enrolled in an approved educational program
located
in
or near the facility. Approval of the educational
program shall
be contingent upon compliance with the criteria
established for
such programs by the Department of Education.
The
educational program shall be provided by a
school district or
educational service center, or by the
residential facility itself.
Maximum flexibility shall be given
to the residential treatment
facility to determine the
provider. In the event that a voluntary
agreement cannot be reached and
the residential facility does not
choose to provide the
educational program, the educational service
center in the
county in which the facility is located shall
provide the
educational program at the treatment center to
children under twenty-two years of age residing in the
treatment
center.
(C) Any school district responsible
for tuition for a
residential child shall, notwithstanding any
conflicting provision
of the Revised Code regarding tuition
payment, pay tuition for the
child for fiscal year 2010 and fiscal year 2011 to the education
program
provider and in the amount
specified in this division. If
there
is no school district
responsible for tuition for a
residential
child and if the
participating residential treatment
center to
which the child is
assigned is located in the city,
exempted
village, or local
school district that, if the child were
not a
resident of that
treatment center, would be the school
district
where the child
is entitled to attend school under
sections
3313.64 and 3313.65
of the Revised Code, that school
district, notwithstanding
any conflicting provision of the Revised
Code, shall pay tuition for
the child for fiscal year 2010
and
fiscal year 2011 under this division
unless that school district
is providing the
educational program
to the child under division
(B) of this
section.
A tuition payment under this division shall be made to the
school district, educational service center, or residential
treatment facility providing the educational program to the
child.
The amount of tuition paid shall be:
(1) The amount of tuition determined for the district under
division (A) of
section 3317.08 of the Revised Code;
(2) In addition, for any student receiving special education
pursuant to an
individualized education program as defined in
section 3323.01 of the Revised
Code, a payment for excess costs.
This payment shall equal the actual cost to
the school district,
educational service center, or residential treatment
facility of
providing special education and related
services to the student
pursuant to the student's individualized education
program, minus
the tuition paid for the child under division (C)(1) of this
section.
A school district paying tuition under this division shall
not include the
child for whom tuition is paid in the district's
average daily membership
certified under division (A) of section
3317.03 of the Revised Code.
(D) In each of fiscal years 2010 and 2011, the Department of
Education shall reimburse, from appropriations made for the
purpose, a school district, educational service center, or
residential
treatment facility, whichever is providing the
service, that
has demonstrated that it is in compliance with the
funding
criteria for each served child for whom a school district
must pay tuition
under division (C) of this section. The amount
of
the reimbursement
shall be the amount appropriated for this
purpose divided by the full-time equivalent number of children for
whom reimbursement is to be made.
(E) Funds provided to a school district, educational service
center, or
residential treatment facility under this section shall
be used to supplement, not supplant, funds from other public
sources for
which
the school district, service center, or
residential treatment facility is
entitled or eligible.
(F) The Department of Education shall track the utilization
of funds
provided
to school districts, educational service
centers, and residential treatment
facilities under this section
and monitor the effect of the funding on the
educational programs
they provide in participating residential
treatment facilities.
The Department shall monitor the programs for
educational
accountability.
Section 265.50.40. SCHOOL DISTRICT PARTICIPATION IN NATIONAL
ASSESSMENT OF EDUCATION PROGRESS
The General Assembly intends for the Superintendent of Public
Instruction to
provide for school district participation in the
administration of the
National
Assessment of Education Progress in
accordance
with section 3301.27 of
the Revised Code. Each school
and school district selected for participation by the
Superintendent of Public Instruction shall participate.
Section 265.50.50. DEPARTMENT OF EDUCATION APPROPRIATION
TRANSFERS
FOR STUDENT ASSESSMENT
In fiscal year 2010 and fiscal year 2011, if the
Superintendent of Public Instruction determines that additional
funds are needed to fully fund the requirements of Am. Sub. H.B. 3
of the 125th General Assembly and this act for assessments of
student performance, the Superintendent of Public Instruction may
recommend the reallocation of unexpended and unencumbered General
Revenue Fund
appropriations within the Department of Education to
appropriation item 200437, Student Assessment, to
the Director of
Budget and Management. If the Director of Budget
and Management
determines that such a reallocation is required,
the Director of
Budget and Management may transfer unexpended and
unencumbered
appropriations within the Department of Education as necessary
to
appropriation item 200437, Student Assessment. If these
transferred appropriations are not sufficient to fully fund
the
assessment requirements in fiscal year 2010 or fiscal year
2011,
the Superintendent of Public Instruction may request that
the
Controlling Board transfer up to $9,000,000 cash from the
Lottery
Profits Education Reserve Fund (Fund 7018) to the General
Revenue
Fund. Upon approval of the Controlling Board, these transferred
funds are hereby appropriated for the same purpose as
appropriation item 200437, Student Assessment.
Section 265.50.60. COMMUNITY SCHOOL FUNDING GUARANTEE FOR SBH
STUDENTS
(A) As used in this section:
(1) "IEP" has the same meaning as in section 3323.01 of the
Revised Code.
(2) "SBH student" means a student receiving special education
and related services for severe behavior disabilities pursuant to
an IEP.
(B) This section applies only to a community school
established under Chapter 3314. of the Revised Code that in each
of fiscal years 2010 and 2011 enrolls a number of SBH students
equal to at least fifty per cent of the total number of students
enrolled in the school in the applicable fiscal year.
(C) In addition to any payments made under Chapter 3306. of
the Revised Code, in each of fiscal years 2010 and 2011, the
Department of Education shall pay to a community school to which
this section applies a subsidy equal to the difference between the
aggregate amount calculated and paid in fiscal year 2009 to the
community school for special education and related services
additional weighted costs for the SBH students enrolled in the
school and the aggregate amount that would have been calculated
for the school for special education and related services
additional weighted costs for those same students in fiscal year
2001. If the difference is a negative number, the amount of the
subsidy shall be zero.
(D) The amount of any subsidy paid to a community school
under this section shall not be deducted from the school district
in which any of the students enrolled in the community school are
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code. The amount of any subsidy paid to a community school
under this section shall be paid from funds appropriated to the
Department of Education in appropriation item 200550, Foundation
Funding.
Section 265.50.70. EARMARK ACCOUNTABILITY
At the request of the Superintendent of Public Instruction,
any entity that receives a budget earmark under the Department of
Education shall submit annually to the chairpersons of the
committees of the House of Representatives and the Senate
primarily concerned with education and to the Department of
Education a report that includes a description of the services
supported by the funds, a description of the results achieved by
those services, an analysis of the effectiveness of the program,
and an opinion as to the program's applicability to other school
districts. For an earmarked entity that received state funds from
an earmark in the prior fiscal year, no funds shall be provided by
the Department of Education to an earmarked entity for a fiscal
year until its report for the prior fiscal year has been
submitted.
Section 265.50.80. PROHIBITION FROM OPERATING FROM HOME
No community school established under
Chapter 3314. of the
Revised Code that was not open for operation
as of May 1, 2005,
shall operate from a home, as defined in
section 3313.64 of the
Revised Code.
Section 265.50.90. EARLY COLLEGE START UP COMMUNITY SCHOOL
(A) As used in this section:
(1) "Big eight school district" has the same meaning as in
section 3314.02 of the Revised Code.
(2) "Early college high school" means a high school that
provides students with a personalized learning plan based on an
accelerated curriculum combining high school and college-level
coursework.
(B) Any early college high school that is operated by a big
eight school district in partnership with a private university may
operate as a new start-up community school under Chapter 3314. of
the Revised Code beginning in the 2007-2008 school year, if all of
the following conditions are met:
(1) The governing authority and sponsor of the school enter
into a contract in accordance with section 3314.03 of the Revised
Code and, notwithstanding division (D) of section 3314.02 of the
Revised Code, both parties adopt and sign the contract by July 9,
2007.
(2) Notwithstanding division (A) of section 3314.016 of the
Revised Code, the school's governing authority enters into a
contract with the private university under which the university
will be the school's operator.
(3) The school provides the same educational program the
school provided while part of the big eight school district.
Section 265.60.10. PILOT PROGRAM FOR SCHOOL SITE VISITS
Notwithstanding section 3301.83 of the Revised
Code, the
Department of Education shall provide a pilot program of
school
site visits. The pilot program shall contain all of the
elements
of section 3301.83 of the Revised Code. Not later than
December
31, 2010, the Department shall report to the Governor and
the
General Assembly as to the progress of the site visits
conducted
under the pilot program as well as recommendations to
provide for
full implementation of section 3301.83 of the Revised
Code.
Section 265.60.20. TASK FORCE ON TEACHER COMPENSATION AND
PERFORMANCE
(A) There is hereby established the Task Force on Teacher
Compensation and Performance. The membership of the Task Force
shall consist of the Superintendent of Public Instruction, or the
Superintendent's designee, who shall act as chair, and the
following members appointed by the Governor:
(1) Two persons employed as teachers in a school district;
(2) Two persons who are retired educators;
(3) Two persons employed as superintendents of a school
district;
(4) Two persons employed as treasurers of a school district;
(5) Two persons employed as principals in a school district;
(6) Two persons employed as faculty at a higher education
institution;
(7) Two persons representing Ohio philanthropic
organizations;
(8) One person representing the business community;
(9) One person representing the general public.
The members of the Task Force shall serve without
compensation.
(B) Initial appointments to the Task Force shall be completed
within 90 days of the effective date of this section. The Governor
shall convene the Task Force not more than 30 days after the final
appointment has been made.
(C) The Task Force shall examine the existing structures and
systems that support compensation and retirement benefits and
develop recommendations designed to improve the connections among
compensation, teaching excellence, and higher levels of student
learning. The Department of Education shall provide the Task Force
with data and staff assistance as requested by the Task Force.
(D) The Task Force shall provide its recommendations in a
written report to the Governor, the General Assembly, the State
Board of Education, the Superintendent of Public Instruction, and
the Chancellor of the Board of Regents not later than December 1,
2010. Upon completion of its report, the Task Force shall cease to
exist.
Section 265.60.30. USE OF VOLUNTEERS
The Department of Education may utilize the
services of
volunteers to accomplish any of the purposes of the
Department.
The Superintendent of Public Instruction shall approve
for what
purposes volunteers may be used and for these purposes
may
recruit, train, and oversee the services of volunteers. The
Superintendent may reimburse volunteers for necessary and
appropriate expenses in accordance with state guidelines and may
designate volunteers as state employees for the purpose of motor
vehicle accident liability insurance under section 9.83 of the
Revised Code, for immunity under section 9.86 of the Revised Code,
and for indemnification from liability incurred in the performance
of their duties under section 9.87 of the Revised Code.
Section 260.60.40. SCHOOL FOR THE BLIND AND SCHOOL FOR THE
DEAF MOVED TO DEPARTMENT OF EDUCATION
(A) Effective July 1, 2009, the State School
for the Blind
and the State School for the Deaf are hereby moved
to the
Department of Education. On and after that date, the
schools
shall be part of the Department and shall operate in
accordance
with Chapter 3325. of the Revised Code, as amended by
this act.
(B) The Department is thereupon and thereafter successor to
and assumes the obligations of the State School for the Blind and
the State School for the Deaf.
(C) Any business commenced but not completed by the State
School for the Blind or the State School for the Deaf shall be
completed by the Department in the same manner, and with the same
effect, as if completed by the respective school. No validation,
cure, right, privilege, remedy, obligation, or liability is lost
or impaired by reason of moving the schools to the Department.
(D) As prescribed in section 3325.041 of the Revised Code,
teachers, nurses, and other staff of the State School for the
Blind and the State School for the Deaf shall cease to be
employees of the respective school and shall become employees of
the Department in accordance with that section.
(E) No judicial or administrative action or proceeding in
which the State School for the Blind or the State School for the
Deaf is a party that is pending on July 1, 2009, is affected by
reason of moving the respective school to the Department. Such
action or proceeding shall be prosecuted or defended in the name
of the Department. On application to the court or other tribunal,
the Department shall be substituted for the State School for the
Blind or the State School for the Deaf, as applicable, as a party
to such action or proceeding.
(F) All books, records, documents, files, transcripts,
equipment, furniture, supplies, and other materials assigned to or
in the possession of the State School for the Blind and the State
School for the Deaf shall be transferred to the Department.
(G) Any operating or capital appropriation to the State
School
for the Blind or the School for the Deaf outstanding on
July 1,
2009, shall be used for the same purpose, but as if
appropriated
to the Department of Education.
(H) The Director of Budget and Management is authorized to
take the actions described in section 126.21 of the Revised Code
with respect to budget changes, program transfers, the creation of
new funds, and the consolidation of funds made necessary by
administrative reorganization of the Ohio State School for the
Blind and the Ohio School for the Deaf into the Department of
Education. The Director of Budget and Management shall establish
accounts indicating the source and amount of funds for each
appropriation made in this act for the Ohio State School for the
Blind and the Ohio School for the Deaf, and shall determine the
form and manner in which appropriation accounts shall be
maintained.
Section 265.60.50. FUNDING STUDY FOR SCHOOLS FOR THE BLIND
AND DEAF
The Superintendent of Public Instruction shall
study the
viability of partially or fully funding the Ohio State
School for
the Blind and the Ohio State School for the Deaf
through the
evidence-based funding model prescribed by Chapter
3306. of the
Revised Code. The Superintendent shall consider the
merit of
using the model for those schools and possible methods of
incorporating the schools into the model. Not later than June 30,
2010, the Superintendent shall prepare a written report of the
Superintendent's findings. The report shall include
recommendations for a funding mechanism for the schools that
ensures that their funding streams are transparent and
sustainable. Copies of the report shall be provided to the
Governor, General Assembly, and State Board of Education.
Section 265.60.60. EDUCATOR STANDARDS BOARD
(A) The State Board of Education shall appoint
a school
district treasurer or business manager to the Educator
Standards
Board under division (A)(1)(c) of section 3319.60 of the
Revised
Code, as amended by this act, not later than sixty days
after the
effective date of this section. The term of office of
that member
shall expire July 1, 2012. Thereafter, the term of the
school
district treasurer or business manager appointed to the
Educator
Standards Board shall be for two years.
(B) The State Board of Education shall appoint a parent to
the Educator Standards Board under division (A)(1)(e) of section
3319.60 of the Revised Code, as amended by this act, not later
than sixty days after the effective date of this section. The term
of office of that member shall expire July 1, 2011. Thereafter,
the term of the parent representative appointed to the Educator
Standards Board shall be for two years.
(C) The higher education representatives appointed by the
State Board of Education to the Educator Standards Board prior to
the effective date of this section under former division (A)(5) of
section 3319.60 of the Revised Code shall serve for the remainder
of
their terms. The Chancellor of the Ohio Board of Regents shall
appoint higher education representatives to the Educator
Standards Board under division (A)(2) of section 3319.60 of the
Revised Code, as amended by this act, as the terms of the higher
education representatives appointed under former division (A)(5)
of that section expire, each for a term of two years. The
Chancellor also shall fill any vacancies that occur during the
term of a higher education representative appointed under former
division (A)(5) of that section.
Section 265.60.70. RESTRICTION OF LIABILITY FOR CERTAIN
REIMBURSEMENTS
(A) Except as expressly required under a court
judgment not
subject to further appeals or a settlement agreement
with a
school district, in the case of a school district for which
the
formula ADM for fiscal year 2005, as reported for that fiscal
year under division (A) of section 3317.03 of the Revised Code,
was reduced based on enrollment reports for community schools,
made under section 3314.08 of the Revised Code, regarding students
entitled to attend school in the district, which reduction of
formula ADM resulted in a reduction of foundation funding or
transitional aid funding for fiscal year 2005, 2006, or 2007, no
school district, except a district named in the court's judgment
or the settlement agreement, shall have a legal claim for
reimbursement of the amount of such reduction in foundation
funding or transitional aid funding, and the state shall not have
liability for reimbursement of the amount of such reduction in
foundation funding or transitional aid funding.
(B) As used in this section:
(1) "Community school" means a community school established
under Chapter 3314. of the Revised Code.
(2) "Entitled to attend school" means entitled to attend
school in a school district under section 3313.64 or 3313.65 of
the Revised Code.
(3) "Foundation funding" means payments calculated for the
respective fiscal year under Chapter 3317. of the Revised Code.
(4) "Transitional aid funding" means payments calculated for
the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95
of the 125th General Assembly, as subsequently amended; and
Section 206.09.39 of Am. Sub. H.B. 66 of the 126th General
Assembly, as subsequently amended.
Section 265.60.80. COMMITTEE TO UPDATE STANDARDS AND
CURRICULA
Not later than July 15, 2009, the State Board of
Education
shall convene a committee of national experts, state
experts, and
local practitioners to provide advice and guidance in
the design
of the updated standards and curricula required by
section
3301.079 of the Revised Code, as amended by this act.
Section 265.60.90. TRANSFER OF SCHOOL EMPLOYEES HEALTH CARE
BOARD
All duties, powers, obligations, and functions
performed by,
all rights exercised by, and the remaining
unexpended,
unencumbered balance of any money appropriated or
reappropriated
to the Department of Administrative Services with
regard to the
School Employees Health Care Board under section
9.901 of the
Revised Code, whether obligated or unobligated, are
transferred
to the Department of Education on July 1, 2009. The
Department of
Education thereupon succeeds to, and shall assume,
all duties,
powers, obligations, and functions performed by, all
rights
exercised by, and the remaining unexpended, unencumbered
balance
of any money appropriated or reappropriated to the
Department of
Administrative Services with regard to the School
Employees
Health Care Board under section 9.901 of the Revised
Code.
Any aspect of the board's operations commenced but not
completed by the Department of Administrative Services on July 1,
2009, shall be completed by the Superintendent of Public
Instruction or staff of the Department of Education in the same
manner, and with the same effect, as if completed by the
Department of Administrative Services or the staff of the
Department of Administrative Services. Any validation, cure,
right, privilege, remedy, obligation, or liability related to the
board's operations is neither lost nor impaired by reason of the
transfer and shall be administered by the Department of Education.
All of the rules, orders, and determinations of the
Department of Administrative Services in relation to the board's
operations continue in effect as rules, orders, and determinations
of the Superintendent of Public Instruction until modified or
rescinded by the Superintendent. At the request of the
Superintendent, and if necessary to ensure the integrity of the
numbering of the Administrative Code, the Director of the
Legislative Service Commission shall renumber the rules of the
board to reflect the transfer to the Department of Education.
The Department of Administrative Services and the
Superintendent shall identify the employees of the board to be
transferred to the Department of Education. The employees shall be
transferred on July 1, 2009, or as soon as possible thereafter.
Whenever the Department of Administrative Services is
referred to in relation to the board in any law, contract, or
other document, the reference shall be deemed to refer to the
Department of Education in relation to the board.
Any action or proceeding that is related to the board's
operations and that is pending on the effective date of this
section is not affected by the transfer and shall be prosecuted or
defended in the name of the Superintendent or the Department of
Education. In all such actions and proceedings, the Superintendent
or the Department of Education, upon application to the court or
agency, shall be substituted as a party.
On or after July 1, 2009, notwithstanding any provision of
law to the contrary, the Director of Budget and Management shall
take any action with respect to budget changes made necessary by
the transfer, including the creation of new funds and the
consolidation of funds. The Director may transfer cash balances
between funds. The Director may cancel encumbrances and
re-establish encumbrances or parts of encumbrances as needed in
the fiscal year in the appropriate fund and appropriation item for
the same purpose and to the same vendor. As determined by the
Director, encumbrances re-established in the fiscal year in a
different fund or appropriation item used by an agency or between
agencies are appropriated. The Director shall reduce each year's
appropriation balances by the amount of the encumbrance canceled
in their respective funds and appropriation item. Any unencumbered
or unallocated appropriation balances from the previous fiscal
year may be transferred to the appropriate appropriation item to
be used for the same purposes, as determined by the Director.
Section 265.70.10. CENTER FOR EARLY CHILDHOOD DEVELOPMENT
(A) The Superintendent of Public Instruction,
in
consultation with the Governor, shall create the Center for
Early
Childhood Development in the Department of Education comprised of
staff from the Department
of
Education, the Department of Job
and Family Services, the Department of Health, and any
other
state agency as determined necessary by the Superintendent.
The
Superintendent also shall hire a Director of the Center. The
Center, under the supervision of the Director, shall research and
make recommendations about the coordination of early childhood
programs and services for children, beginning with prenatal care
and continuing until entry into kindergarten, and the eventual
transfer of the authority to implement those programs and services
from other state agencies to the Department
of Education.
(B) The Director of the Early Childhood Cabinet, in
partnership with staff from the Department of Education shall
submit an implementation plan to the
Superintendent and the
Governor not later than August 31, 2009.
The implementation plan
shall include research and recommendations
regarding all of the
following:
(1) The identification of programs, services, and funding
sources to be transferred from other state agencies to the
Department of Education;
(2) A new administrative structure within the
Department of
Education for the purpose of implementing early
childhood
programs and services;
(3) Statutory changes necessary to implement the new
administrative structure within the Department of Education;
(4) A timeline for the transition from the current
administrative structure within other state agencies to the new
administrative structure within the Department
of Education.
(C) The Director of Budget and Management may seek
Controlling Board approval to do any of the
following to support
the preparation of an implementation plan to
create a new
administrative structure for early childhood programs
and
services within the Department of Education:
(1) Create new funds and non-GRF appropriation items;
(2) Transfer cash between funds;
(3) Transfer appropriation within the same fund used by the
same state agency.
Any transfers of cash approved by the Controlling Board under
this section are hereby appropriated.
Section 265.70.20. EARLY CHILDHOOD FINANCING WORKGROUP
The Early Childhood Advisory Council shall establish an Early
Childhood Financing Workgroup. The chairperson of the Early
Childhood Advisory Council shall serve as chairperson of the Early
Childhood Financing Workgroup. The Early Childhood Financing
Workgroup shall develop recommendations that explore the
implementation of a single financing system for early care and
education programs that includes aligned payment mechanisms and
consistent eligibility and co-payment policies. Not later than
December 31, 2009, the Early Childhood Financing Workgroup shall
submit its recommendations to the Governor. Upon the order of the
Early Childhood Advisory Council, the Early Childhood Financing
Workgroup shall cease to exist.
Section 267.10. ELC OHIO ELECTIONS COMMISSION
| GRF |
051321 |
|
Operating Expenses |
|
$ |
381,578 |
|
$ |
381,578 |
| TOTAL GRF General Revenue Fund |
|
$ |
381,578 |
|
$ |
381,578 |
General Services Fund Group
| 4P20 |
051601 |
|
Ohio Elections Commission Fund |
|
$ |
250,000 |
|
$ |
255,000 |
| TOTAL GSF General Services Fund Group |
|
$ |
250,000 |
|
$ |
255,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
631,578 |
|
$ |
636,578 |
Section 269.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL
DIRECTORS
General Services Fund Group
| 4K90 |
881609 |
|
Operating Expenses |
|
$ |
646,414 |
|
$ |
646,562 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
646,414 |
|
$ |
646,562 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
646,414 |
|
$ |
646,562 |
Section 271.10. PAY EMPLOYEE BENEFITS FUNDS
Accrued Leave Liability Fund Group
| 8060 |
995666 |
|
Accrued Leave Fund |
|
$ |
65,200,000 |
|
$ |
67,200,000 |
| 8070 |
995667 |
|
Disability Fund |
|
$ |
27,400,000 |
|
$ |
28,100,000 |
| TOTAL ALF Accrued Leave Liability |
|
|
|
|
|
|
| Fund Group |
|
$ |
92,600,000 |
|
$ |
95,300,000 |
| 1240 |
995673 |
|
Payroll Deductions |
|
$ |
881,573,000 |
|
$ |
943,283,110 |
| 8080 |
995668 |
|
State Employee Health Benefit Fund |
|
$ |
551,795,580 |
|
$ |
598,643,430 |
| 8090 |
995669 |
|
Dependent Care Spending Account |
|
$ |
2,969,635 |
|
$ |
2,969,635 |
| 8100 |
995670 |
|
Life Insurance Investment Fund |
|
$ |
2,229,834 |
|
$ |
2,229,834 |
| 8110 |
995671 |
|
Parental Leave Benefit Fund |
|
$ |
3,900,000 |
|
$ |
4,000,000 |
| 8130 |
995672 |
|
Health Care Spending Account |
|
$ |
8,977,689 |
|
$ |
12,000,000 |
| TOTAL AGY Agency Fund Group |
|
$ |
1,451,445,738 |
|
$ |
1,563,126,009 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,544,045,738 |
|
$ |
1,658,426,009 |
ACCRUED LEAVE LIABILITY FUND
The foregoing appropriation item 995666, Accrued Leave
Fund,
shall be used to make payments from the Accrued Leave
Liability
Fund (Fund 8060) pursuant to section 125.211 of the
Revised Code.
If it is determined by the Director of Budget and
Management that
additional amounts are necessary, the amounts are hereby
appropriated.
STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND
The foregoing appropriation item 995667, Disability Fund,
shall be used to make payments from the State Employee Disability
Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the
Revised Code. If it is determined by the Director of Budget and
Management that additional amounts are necessary, the amounts are
hereby
appropriated.
The foregoing appropriation item 995673, Payroll Deductions,
shall be used to make payments from the Payroll Withholding Fund
(Fund 1240). If it is determined by the Director of Budget and
Management that additional appropriation amounts are necessary,
the amounts are hereby appropriated.
STATE EMPLOYEE HEALTH BENEFIT FUND
The foregoing appropriation item 995668, State Employee
Health Benefit Fund, shall be used to make payments from the
State
Employee Health Benefit Fund (Fund 8080) pursuant to
section
124.87 of the Revised Code. If it is determined by the
Director
of
Budget and Management that additional amounts are
necessary,
the
amounts are hereby appropriated.
DEPENDENT CARE SPENDING FUND
The foregoing appropriation item 995669, Dependent Care
Spending Account, shall be used to make payments from the
Dependent Care Spending Fund (Fund 8090) to employees eligible
for
dependent care expenses. If it is determined by the Director
of
Budget and Management that additional amounts are necessary,
the
amounts are hereby appropriated.
LIFE INSURANCE INVESTMENT FUND
The foregoing appropriation item 995670, Life Insurance
Investment Fund, shall be used to make payments from the Life
Insurance Investment Fund (Fund 8100) for the costs and expenses
of
the state's life insurance benefit program pursuant to section
125.212 of the Revised Code. If it is determined by the Director
of Budget and Management that additional amounts are necessary,
the amounts are hereby appropriated.
PARENTAL LEAVE BENEFIT FUND
The foregoing appropriation item 995671, Parental Leave
Benefit
Fund, shall be used to make payments from the Parental
Leave
Benefit Fund (Fund 8110) to employees eligible for parental
leave
benefits pursuant to section 124.137 of the Revised Code.
If
it
is determined by the Director of Budget and Management that
additional amounts are necessary, the amounts are hereby
appropriated.
HEALTH CARE SPENDING ACCOUNT FUND
The foregoing
appropriation
item 995672, Health Care
Spending Account, shall be
used to make
payments from the Health
Care Spending Account Fund (Fund 8130) for payments pursuant to
state employees'
participation in a
flexible spending account
for non-reimbursed
health care expenses
and section 124.821 of
the Revised Code. If it is determined by the Director of
Administrative
Services that additional appropriation amounts are
necessary, the
Director of Administrative Services may request
that the Director
of Budget and Management increase such amounts.
Such amounts are
hereby appropriated.
At the request of the Director of Administrative Services,
the Director of Budget and Management may transfer up to
$145,000
from the General Revenue Fund to the Health Care Spending
Account
Fund during fiscal years 2010 and 2011. This cash shall be
transferred as needed to provide adequate cash flow for the Health
Care Spending Account Fund during fiscal year 2010 and fiscal year
2011. If funds are available at the end of fiscal years 2010 and
2011, the Director of Budget and Management shall transfer cash up
to the amount previously transferred in the respective year, plus
interest income, from the Health Care Spending Account (Fund
8130) to the General Revenue Fund.
Section 273.10. ERB STATE EMPLOYMENT RELATIONS BOARD
| GRF |
125321 |
|
Operating Expenses |
|
$ |
4,090,876 |
|
$ |
4,090,876 |
| TOTAL GRF General Revenue Fund |
|
$ |
4,090,876 |
|
$ |
4,090,876 |
General Services Fund Group
| 5720 |
125603 |
|
Training and Publications |
|
$ |
105,000 |
|
$ |
105,000 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
105,000 |
|
$ |
105,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
4,195,878 |
|
$ |
4,195,878 |
Section 273.20. CONSOLIDATION OF SERVICES WITH STATE
EMPLOYMENT RELATIONS BOARD
(A) Beginning on July 1, 2009,
the Chairperson of the State
Employment Relations Board is the
appointing authority for all
employees of the State Personnel
Board of Review and the State
Employment Relations Board. After conferring with the Chairperson
of the State Personnel Board of Review, the
Chairperson of the
State Employment Relations Board shall identify the employees,
equipment, assets, and records of the State Personnel
Board of
Review to be transferred to the State Employment
Relations Board.
The State Employment Relations Board and the State Personnel Board
of Review shall enter into an interagency agreement to transfer to
the State Employment Relations Board employees, equipment,
assets, and records of the State Personnel Board of Review by July
1,
2009, or as soon as possible thereafter. The agreement may
include provisions to transfer property and any other provisions
necessary for the continued administration of program activities.
The employees of the State Personnel Board of Review that the
Chairperson of the State Employment Relations Board identifies for
transfer, and any equipment assigned to those employees, are
hereby transferred to the State Employment Relations Board. Any
employees of the
State Personnel Board of Review so transferred
shall retain the
rights specified in sections 124.321 to 124.328
of the Revised
Code, and any employee transferred to the State
Employment
Relations Board retains the employee's respective
classification,
but the Chairperson of the State Employment
Relations Board may reassign and reclassify the employee's
position and compensation as the Chairperson determines to be in
the interest of efficient office administration. Pursuant to
division (B)(2)(b) of section 4117.02 of the Revised Code, as
amended by this act, to the extent determined necessary by the
Chairperson of the State Employment Relations Board, the State
Personnel Board of Review shall utilize employees of the State
Employment Relations Board in the exercise of the powers and the
performance of the duties of the State Personnel Board of Review.
(B) Effective July 1, 2009, and pursuant to section 124.03 of
the
Revised Code, the State Personnel Board of Review shall
exercise
its duties and exist as a separate entity within the
State
Employment Relations Board. The costs of the State
Personnel Board
of Review shall be supported by the foregoing
appropriation item
125321, Operating Expenses.
On July 1, 2009, or as soon as possible thereafter, the
Director of Budget and Management shall transfer the cash balance
of the Transcript and Other Documents Fund (Fund 6360) used by the
State
Personnel Board of Review to the Training, Publications,
and
Grants Fund (Fund 5720) used by the State Employment
Relations
Board. Upon completion of the transfer, Fund 6360 is
abolished.
The Director shall cancel any existing encumbrances
against
appropriation item 124601, Records and Reporting Support,
and
re-establish them against appropriation item 125603, Training
and
Publications. The re-established encumbrance amounts are
hereby
appropriated.
Any business commenced but not completed under Fund 6360 by
July 1, 2009, shall be completed under Fund 5720 in the same
manner, and with the same effect, as if completed with regard to
Fund 6360. No validation, cure, right, privilege, remedy,
obligation, or liability is lost or impaired by reason of the
transfer and shall be administered with regard to Fund 5720.
On and after July 1, 2009, where the Transcript and Other
Documents Fund is referred to in any statute, rule, contract,
grant, or other document, the reference is hereby deemed to refer
to the Training, Publications, and Grants Fund.
Section 275.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS
General Services Fund Group
| 4K90 |
892609 |
|
Operating Expenses |
|
$ |
1,058,881 |
|
$ |
1,058,881 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
1,058,881 |
|
$ |
1,058,881 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,058,881 |
|
$ |
1,058,881 |
Section 277.10. EPA ENVIRONMENTAL PROTECTION AGENCY
General Services Fund Group
| 1990 |
715602 |
|
Laboratory Services |
|
$ |
935,907 |
|
$ |
983,929 |
| 2190 |
715604 |
|
Central Support Indirect |
|
$ |
16,625,314 |
|
$ |
17,282,762 |
| 4A10 |
715640 |
|
Operating Expenses |
|
$ |
3,731,000 |
|
$ |
3,731,000 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
21,292,221 |
|
$ |
21,997,691 |
Federal Special Revenue Fund Group
| 3530 |
715612 |
|
Public Water Supply |
|
$ |
2,933,812 |
|
$ |
2,941,282 |
| 3540 |
715614 |
|
Hazardous Waste Management - Federal |
|
$ |
4,193,000 |
|
$ |
4,193,000 |
| 3570 |
715619 |
|
Air Pollution Control - Federal |
|
$ |
6,282,777 |
|
$ |
6,310,203 |
| 3620 |
715605 |
|
Underground Injection Control - Federal |
|
$ |
111,874 |
|
$ |
111,874 |
| 3BU0 |
715684 |
|
Water Quality Protection |
|
$ |
5,870,000 |
|
$ |
5,825,000 |
| 3C50 |
715688 |
|
Federal NRD Settlements |
|
$ |
100,000 |
|
$ |
100,000 |
| 3F20 |
715630 |
|
Revolving Loan Fund - Operating |
|
$ |
1,129,696 |
|
$ |
907,543 |
| 3F30 |
715632 |
|
Federally Supported Cleanup and Response |
|
$ |
2,159,486 |
|
$ |
2,159,551 |
| 3F50 |
715641 |
|
Nonpoint Source Pollution Management |
|
$ |
6,880,000 |
|
$ |
6,095,000 |
| 3K40 |
715634 |
|
DOD Monitoring and Oversight |
|
$ |
729,130 |
|
$ |
732,280 |
| 3N40 |
715657 |
|
DOE Monitoring and Oversight |
|
$ |
878,578 |
|
$ |
884,050 |
| 3T30 |
715669 |
|
Drinking Water State Revolving Fund |
|
$ |
2,238,848 |
|
$ |
2,273,323 |
| 3V70 |
715606 |
|
Agencywide Grants |
|
$ |
500,000 |
|
$ |
500,000 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
34,007,201 |
|
$ |
33,033,106 |
State Special Revenue Fund Group
| 4J00 |
715638 |
|
Underground Injection Control |
|
$ |
448,579 |
|
$ |
456,714 |
| 4K20 |
715648 |
|
Clean Air - Non Title V |
|
$ |
3,456,261 |
|
$ |
3,587,176 |
| 4K30 |
715649 |
|
Solid Waste |
|
$ |
15,819,897 |
|
$ |
16,317,606 |
| 4K40 |
715650 |
|
Surface Water Protection |
|
$ |
7,965,000 |
|
$ |
8,915,000 |
| 4K40 |
715686 |
|
Environmental Lab Service |
|
$ |
2,132,000 |
|
$ |
2,132,000 |
| 4K50 |
715651 |
|
Drinking Water Protection |
|
$ |
7,487,198 |
|
$ |
7,699,007 |
| 4P50 |
715654 |
|
Cozart Landfill |
|
$ |
100,000 |
|
$ |
100,000 |
| 4R50 |
715656 |
|
Scrap Tire Management |
|
$ |
5,125,000 |
|
$ |
5,125,000 |
| 4R90 |
715658 |
|
Voluntary Action Program |
|
$ |
1,032,098 |
|
$ |
1,032,098 |
| 4T30 |
715659 |
|
Clean Air - Title V Permit Program |
|
$ |
17,673,097 |
|
$ |
18,073,104 |
| 4U70 |
715660 |
|
Construction
and Demolition Debris |
|
$ |
888,970 |
|
$ |
885,554 |
| 5000 |
715608 |
|
Immediate Removal Special Account |
|
$ |
643,903 |
|
$ |
643,903 |
| 5030 |
715621 |
|
Hazardous Waste Facility Management |
|
$ |
11,215,448 |
|
$ |
11,318,132 |
| 5050 |
715623 |
|
Hazardous Waste Cleanup |
|
$ |
13,927,338 |
|
$ |
14,139,930 |
| 5050 |
715674 |
|
Clean Ohio Environmental Review |
|
$ |
109,725 |
|
$ |
109,725 |
| 5410 |
715670 |
|
Site Specific Cleanup |
|
$ |
34,650 |
|
$ |
34,650 |
| 5420 |
715671 |
|
Risk Management Reporting |
|
$ |
146,188 |
|
$ |
146,188 |
| 5920 |
715627 |
|
Anti Tampering Settlement |
|
$ |
6,707 |
|
$ |
6,707 |
| 5BC0 |
715617 |
|
Clean Ohio |
|
$ |
741,000 |
|
$ |
741,000 |
| 5BC0 |
715622 |
|
Local Air Pollution Control |
|
$ |
1,827,000 |
|
$ |
2,035,000 |
| 5BC0 |
715624 |
|
Surface Water |
|
$ |
13,034,000 |
|
$ |
13,198,000 |
| 5BC0 |
715667 |
|
Groundwater |
|
$ |
1,594,000 |
|
$ |
1,594,000 |
| 5BC0 |
715672 |
|
Air Pollution Control |
|
$ |
7,269,000 |
|
$ |
7,607,000 |
| 5BC0 |
715673 |
|
Drinking Water |
|
$ |
3,838,000 |
|
$ |
3,838,000 |
| 5BC0 |
715675 |
|
Hazardous Waste |
|
$ |
116,000 |
|
$ |
116,000 |
| 5BC0 |
715676 |
|
Assistance and Prevention |
|
$ |
775,000 |
|
$ |
775,000 |
| 5BC0 |
715677 |
|
Laboratory |
|
$ |
1,454,000 |
|
$ |
1,454,000 |
| 5BC0 |
715678 |
|
Corrective Actions |
|
$ |
1,180,000 |
|
$ |
1,180,000 |
| 5BC0 |
715687 |
|
Areawide Planning Agencies |
|
$ |
450,000 |
|
$ |
450,000 |
| 5BT0 |
715679 |
|
C&DD Groundwater Monitoring |
|
$ |
200,000 |
|
$ |
203,800 |
| 5BY0 |
715681 |
|
Auto Emissions Test |
|
$ |
14,385,892 |
|
$ |
14,803,470 |
| 5CD0 |
715682 |
|
Clean Diesel School Buses |
|
$ |
600,000 |
|
$ |
600,000 |
| 5H40 |
715664 |
|
Groundwater Support |
|
$ |
1,872,193 |
|
$ |
1,884,247 |
| 5N20 |
715613 |
|
Dredge and Fill |
|
$ |
45,000 |
|
$ |
45,000 |
| 5Y30 |
715685 |
|
Surface Water Improvement |
|
$ |
2,000,000 |
|
$ |
500,000 |
| 6440 |
715631 |
|
ER Radiological Safety |
|
$ |
286,114 |
|
$ |
286,114 |
| 6600 |
715629 |
|
Infectious Waste Management |
|
$ |
100,000 |
|
$ |
100,000 |
| 6760 |
715642 |
|
Water Pollution Control Loan Administration |
|
$ |
4,610,529 |
|
$ |
4,832,682 |
| 6780 |
715635 |
|
Air Toxic Release |
|
$ |
174,600 |
|
$ |
179,746 |
| 6790 |
715636 |
|
Emergency Planning |
|
$ |
2,623,395 |
|
$ |
2,628,647 |
| 6960 |
715643 |
|
Air Pollution Control Administration |
|
$ |
750,000 |
|
$ |
750,000 |
| 6990 |
715644 |
|
Water Pollution Control Administration |
|
$ |
750,000 |
|
$ |
750,000 |
| 6A10 |
715645 |
|
Environmental Education |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
| TOTAL SSR State Special Revenue Fund Group |
|
$ |
150,387,782 |
|
$ |
152,774,200 |
Clean Ohio Conservation Fund Group
| 5S10 |
715607 |
|
Clean Ohio - Operating |
|
$ |
291,174 |
|
$ |
291,174 |
| TOTAL CLF Clean Ohio Conservation Fund Group |
|
$ |
291,174 |
|
$ |
291,174 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
205,978,378 |
|
$ |
208,096,171 |
AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT
On July 1, 2009, or as soon as possible thereafter, the
Director of Budget and Management shall transfer up to $1,500,000
in cash from the Central Support Indirect Fund (Fund 2190) to the
Auto Emissions Test Fund (Fund 5BY0) for the operation and
oversight of the auto emissions testing program. Upon the
determination by the Director of Environmental Protection Agency
that Fund 5BY0 has accrued sufficient receipts in order to
maintain the auto emissions testing program, the Director of
Budget and Management may transfer up to $1,500,000 in cash from
Fund 5BY0 to Fund 2190 over the course of the FY 2010 - FY 2011
biennium. The amounts transferred back shall not exceed the amount
originally transferred from Fund 2190 to Fund 5BY0.
Effective September 30, 2009, or as soon as possible
thereafter, the Director of Budget and Management shall transfer
the cash balance in the Motor Vehicle Inspection and Maintenance
Fund (Fund 6020) to Fund 5BY0. Fund 6020 is abolished in division
(D) of section 3704.14 of the Revised Code as amended by this act.
AREAWIDE PLANNING AGENCIES
The Director of Environmental Protection Agency shall award
grants from appropriation item 715687, Areawide Planning Agencies,
to areawide planning agencies engaged in areawide water quality
management and planning activities in accordance with Section 208
of the "Federal Clean Water Act," 33 U.S.C. 1288.
CORRECTIVE CASH TRANSFER FOR COPPERWELD BANKRUPTCY SETTLEMENT
On July 1, 2009, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $1,323,933.19 in
cash, which the Agency received from the Copperweld bankruptcy
settlement, that was mistakenly deposited in the Hazardous Waste
Cleanup Fund (Fund 5050) to the Environmental Protection
Remediation Fund (Fund 5410).
Section 279.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION
| GRF |
172321 |
|
Operating Expenses |
|
$ |
487,000 |
|
$ |
487,000 |
| TOTAL GRF General Revenue Fund |
|
$ |
487,000 |
|
$ |
487,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
487,000 |
|
$ |
487,000 |
Section 281.10. ETC ETECH OHIO
| GRF |
935401 |
|
Statehouse News Bureau |
|
$ |
219,960 |
|
$ |
219,960 |
| GRF |
935402 |
|
Ohio Government Telecommunications Services |
|
$ |
716,417 |
|
$ |
716,417 |
| GRF |
935408 |
|
General Operations |
|
$ |
2,150,917 |
|
$ |
2,164,444 |
| GRF |
935409 |
|
Technology Operations |
|
$ |
3,594,504 |
|
$ |
3,602,446 |
| GRF |
935410 |
|
Content Development, Acquisition, and Distribution |
|
$ |
4,137,306 |
|
$ |
4,138,244 |
| GRF |
935411 |
|
Technology Integration and Professional Development |
|
$ |
6,963,226 |
|
$ |
6,977,487 |
| GRF |
935412 |
|
Information Technology |
|
$ |
1,387,062 |
|
$ |
1,350,394 |
| TOTAL GRF General Revenue Fund |
|
$ |
19,169,392 |
|
$ |
19,169,392 |
General Services Fund Group
| 4F30 |
935603 |
|
Affiliate Services |
|
$ |
450,000 |
|
$ |
50,000 |
| 4T20 |
935605 |
|
Government Television/Telecommunications Operating |
|
$ |
25,000 |
|
$ |
25,000 |
| TOTAL GSF General Services Fund Group |
|
$ |
475,000 |
|
$ |
475,000 |
Federal Special Revenue Fund Group
| 3S30 |
935606 |
|
Enhancing Education Technology |
|
$ |
163,000 |
|
$ |
163,000 |
| 3X80 |
935604 |
|
IDEA |
|
$ |
18,892 |
|
$ |
0 |
| TOTAL FED Federal Special Revenue Fund Group |
|
$ |
181,892 |
|
$ |
163,000 |
State Special Revenue Fund Group
| 4W90 |
935630 |
|
Telecommunity |
|
$ |
25,000 |
|
$ |
25,000 |
| 4X10 |
935634 |
|
Distance Learning |
|
$ |
23,734 |
|
$ |
24,150 |
| 5D40 |
935640 |
|
Conference/Special Purposes |
|
$ |
1,471,396 |
|
$ |
1,473,527 |
| 5FK0 |
935608 |
|
Media Services |
|
$ |
300,000 |
|
$ |
300,000 |
| 5T30 |
935607 |
|
Gates Foundation Grants |
|
$ |
200,000 |
|
$ |
200,000 |
| TOTAL SSR State Special Revenue Fund Group |
|
$ |
2,020,130 |
|
$ |
2,022,677 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
21,846,414 |
|
$ |
21,430,069 |
Section 281.20. STATEHOUSE NEWS BUREAU
The foregoing appropriation item 935401, Statehouse News
Bureau, shall be used solely to support the operations of the Ohio
Statehouse News Bureau.
OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES
The foregoing appropriation item 935402, Ohio Government
Telecommunications Services, shall be used solely to support the
operations of Ohio Government Telecommunications Services which
include
providing multimedia support to the state government and
its
affiliated organizations and broadcasting the activities
of
the
legislative, judicial, and executive branches of state
government,
among its other functions.
The foregoing appropriation item 935409, Technology
Operations, shall be used by eTech Ohio to pay expenses of eTech
Ohio's network infrastructure, which includes the television and
radio transmission infrastructure and infrastructure that shall
link all public K-12 classrooms to each other and to the Internet,
and provide access to voice, video, other communication services,
and data educational resources
for students and teachers.
CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION
The foregoing appropriation 935410, Content Development,
Acquisition, and Distribution, shall be used for the development,
acquisition, and distribution of information resources by public
media and radio reading services and for educational use in the
classroom and online.
Of the foregoing appropriation item 935410, Content
Development, Acquisition, and Distribution, up to $1,104,605 in
fiscal year 2010 and up to $1,104,905 in fiscal year 2011 shall be
allocated equally among the 12 Ohio
educational television
stations and used with the advice and
approval of eTech Ohio.
Funds shall be used for the production of
interactive
instructional programming series with priority given
to resources
aligned with state academic content standards in
consultation
with the Ohio Department of Education and for
teleconferences to
support eTech Ohio. The programming shall be
targeted to the
needs of the poorest two hundred school districts
as determined
by the district's adjusted valuation per pupil as
defined in
former section 3317.0213 of the Revised Code as that
section
existed prior to June 30, 2005.
Of the foregoing appropriation item 935410,
Content
Development, Acquisition, and Distribution, up to $2,695,736 in
fiscal year 2010 and up to $2,696,336 in fiscal year 2011 shall be
distributed by
eTech Ohio to Ohio's qualified public educational
television
stations and educational radio stations
to support
their operations. The funds shall be distributed
pursuant to an
allocation formula used by the Ohio Educational
Telecommunications Network Commission unless a
substitute formula
is developed by eTech Ohio in consultation with
Ohio's qualified
public educational television stations and educational radio
stations.
Of the foregoing appropriation 935410, Content Development,
Acquisition, and Distribution, up to $336,965 in fiscal year 2010
and up to $337,003 in fiscal year 2011 shall be distributed by
eTech Ohio to Ohio's qualified radio reading services to support
their operations. The funds shall be distributed pursuant to an
allocation formula used by the Ohio Educational Telecommunications
Network Commission unless a substitute formula is developed by
eTech Ohio in consultation with Ohio's qualified radio reading
services.
Section 281.30. TECHNOLOGY INTEGRATION AND PROFESSIONAL
DEVELOPMENT
The foregoing appropriation item 935411, Technology
Integration and Professional Development, shall be used by eTech
Ohio for the
provision of staff development, hardware, software,
telecommunications services, and information resources to support
educational uses of technology in the
classroom and at a distance
and for professional development for teachers, administrators, and
technology staff on the use of educational technology in
qualifying public
schools, including the State School for the
Blind, the State
School for the Deaf, and the Department of Youth
Services.
Of the foregoing appropriation item 935411, Technology
Integration and Professional Development, up to $2,575,641 in
fiscal year 2010 and up to $2,575,966 in fiscal year 2011, shall
be used by eTech Ohio to contract with educational television to
provide Ohio
public schools with instructional resources and
services with
priority given to resources and services aligned
with state
academic content standards and such resources and
services shall
be based upon the advice and approval of eTech
Ohio, based on a
formula used by the Ohio SchoolNet Commission
unless and until a
substitute formula is developed by eTech Ohio
in consultation with
Ohio's educational technology agencies and
noncommercial
educational television stations.
Section 281.40. TELECOMMUNITY
The foregoing appropriation item 935630, Telecommunity,
shall be distributed by eTech Ohio on a grant basis to eligible
school districts to establish "distance learning" through
interactive video technologies in the school district. Per
agreements with eight Ohio local telephone companies, ALLTEL Ohio,
CENTURY Telephone of Ohio, Chillicothe Telephone Company,
Cincinnati Bell Telephone Company, Orwell Telephone Company,
Sprint North Central Telephone, VERIZON, and Western Reserve
Telephone Company, school districts are eligible for funds if they
are within one of the listed telephone company service areas.
Funds to administer the program shall be expended by eTech Ohio up
to the amount specified in the agreements with the listed
telephone
companies.
Within thirty days after the effective date of this section,
the Director of Budget and Management shall transfer to Fund 4W90
in the State Special Revenue Fund Group any investment earnings
from moneys paid by any telephone company as part of any
settlement agreement between the listed companies and the Public
Utilities Commission in fiscal years 1996 and beyond.
The foregoing appropriation item 935634, Distance Learning,
shall be distributed by eTech Ohio on a grant basis to eligible
school districts to establish "distance learning" in the school
district. Per an agreement with Ameritech, school districts are
eligible for funds if they are within an Ameritech service area.
Funds to administer the program shall be expended by eTech Ohio up
to the amount specified in the agreement with Ameritech.
Within thirty days after the effective date of this section,
the Director of Budget and Management shall transfer to Fund 4X10
in the State Special Revenue Fund Group any investment earnings
from moneys paid by any telephone company as part of a settlement
agreement between the company and the Public Utilities Commission
in fiscal year 1995.
The foregoing appropriation item 935607, Gates Foundation
Grants, shall be used by eTech Ohio to provide professional
development to school district principals, superintendents, and
other administrative staff on the use of education technology.
Section 283.10. ETH OHIO ETHICS COMMISSION
| GRF |
146321 |
|
Operating Expenses |
|
$ |
1,682,020 |
|
$ |
1,682,120 |
| TOTAL GRF General Revenue Fund |
|
$ |
1,682,020 |
|
$ |
1,682,120 |
General Services Fund Group
| 4M60 |
146601 |
|
Operating Expenses |
|
$ |
544,543 |
|
$ |
588,943 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
544,543 |
|
$ |
588,943 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,226,563 |
|
$ |
2,271,063 |
Section 285.10. EXP OHIO EXPOSITIONS COMMISSION
| GRF |
723403 |
|
Junior Fair Subsidy |
|
$ |
360,000 |
|
$ |
360,000 |
| TOTAL GRF General Revenue Fund |
|
$ |
360,000 |
|
$ |
360,000 |
State Special Revenue Fund Group
| 4N20 |
723602 |
|
Ohio State Fair Harness Racing |
|
$ |
520,000 |
|
$ |
520,000 |
| 5060 |
723601 |
|
Operating Expenses |
|
$ |
13,505,000 |
|
$ |
13,505,000 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
14,025,000 |
|
$ |
14,025,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
14,385,000 |
|
$ |
14,385,000 |
The General Manager of the Expositions Commission may submit
a request to the Director of Budget and Management to use
available amounts in the State Fair Reserve Fund (Fund 6400) if
the following conditions apply:
(A) Admissions receipts for the 2009 or 2010 Ohio State Fair
are less than $1,982,000 because of inclement weather or
extraordinary circumstances;
(B) The Ohio Expositions Commission declares a state of
fiscal exigency; and
(C) The request contains a plan describing how the
Expositions Commission will eliminate the cash shortage causing
the request.
The amount approved by the Director of Budget and
Management
is hereby appropriated.
Section 287.10. GOV OFFICE OF THE GOVERNOR
| GRF |
040321 |
|
Operating Expenses |
|
$ |
2,332,000 |
|
$ |
2,332,000 |
| GRF |
040403 |
|
Federal Relations |
|
$ |
201,201 |
|
$ |
201,201 |
| TOTAL GRF General Revenue Fund |
|
$ |
2,533,201 |
|
$ |
2,533,201 |
General Services Fund Group
| 5AK0 |
040607 |
|
Federal Relations |
|
$ |
365,149 |
|
$ |
365,149 |
| TOTAL GSF General Services Fund Group |
|
$ |
365,149 |
|
$ |
365,149 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,898,350 |
|
$ |
2,898,350 |
A portion of the foregoing appropriation items 040403,
Federal Relations, and 040607, Federal Relations, may be used to
support Ohio's membership in national or regional associations.
The Office of the Governor may charge any state agency of the
executive branch using an intrastate transfer voucher such amounts
necessary to defray the costs incurred for the conduct of federal
relations associated with issues that can be attributed to the
agency. Amounts collected shall be deposited in the Federal
Relations Fund (Fund 5AK0).
Section 289.10. DOH DEPARTMENT OF HEALTH
| GRF |
440407 |
|
Animal Borne Disease and Prevention |
|
$ |
600,000 |
|
$ |
642,291 |
| GRF |
440412 |
|
Cancer Incidence Surveillance System |
|
$ |
874,234 |
|
$ |
874,234 |
| GRF |
440413 |
|
Local Health Department Support |
|
$ |
3,301,921 |
|
$ |
3,301,921 |
| GRF |
440416 |
|
Mothers and Children Safety Net Services |
|
$ |
7,538,449 |
|
$ |
7,538,449 |
| GRF |
440418 |
|
Immunizations |
|
$ |
7,739,432 |
|
$ |
7,839,432 |
| GRF |
440431 |
|
Free Clinics Safety Net Services |
|
$ |
624,751 |
|
$ |
624,751 |
| GRF |
440437 |
|
Healthy Ohio |
|
$ |
2,569,998 |
|
$ |
2,569,998 |
| GRF |
440438 |
|
Breast and Cervical Cancer Screening |
|
$ |
2,500,000 |
|
$ |
2,500,000 |
| GRF |
440444 |
|
AIDS Prevention and Treatment |
|
$ |
6,442,314 |
|
$ |
6,442,314 |
| GRF |
440446 |
|
Infectious Disease Protection and Surveillance |
|
$ |
1,415,883 |
|
$ |
1,415,883 |
| GRF |
440451 |
|
Public Health Laboratory |
|
$ |
3,099,138 |
|
$ |
3,099,138 |
| GRF |
440452 |
|
Child and Family Health Services Match |
|
$ |
921,615 |
|
$ |
921,615 |
| GRF |
440453 |
|
Health Care Quality Assurance |
|
$ |
10,402,795 |
|
$ |
10,402,795 |
| GRF |
440454 |
|
Local Environmental Health |
|
$ |
1,155,219 |
|
$ |
1,155,219 |
| GRF |
440459 |
|
Help Me Grow |
|
$ |
36,500,000 |
|
$ |
36,500,000 |
| GRF |
440465 |
|
Federally Qualified Health Centers |
|
$ |
1,686,688 |
|
$ |
1,686,688 |
| GRF |
440467 |
|
Access to Dental Care |
|
$ |
772,120 |
|
$ |
772,120 |
| GRF |
440468 |
|
Chronic Disease and Injury Prevention |
|
$ |
792,363 |
|
$ |
792,363 |
| GRF |
440469 |
|
Health - Federal Stimulus |
|
$ |
2,680,035 |
|
$ |
2,463,903 |
| GRF |
440505 |
|
Medically Handicapped Children |
|
$ |
8,762,451 |
|
$ |
8,762,451 |
| GRF |
440507 |
|
Targeted Health Care Services Over 21 |
|
$ |
1,493,449 |
|
$ |
1,493,449 |
| GRF |
440511 |
|
Uncompensated Care/Emergency Medical Assistance |
|
$ |
589,738 |
|
$ |
663,579 |
| TOTAL GRF General Revenue Fund |
|
$ |
102,462,593 |
|
$ |
102,462,593 |
State Highway Safety Fund Group
| 4T40 |
440603 |
|
Child Highway Safety |
|
$ |
233,894 |
|
$ |
233,894 |
| TOTAL HSF State Highway Safety |
|
$ |
|
|
$ |
|
| Fund Group |
|
$ |
233,894 |
|
$ |
233,894 |
General Services Fund Group
| 1420 |
440646 |
|
Agency Health Services |
|
$ |
9,876,043 |
|
$ |
10,334,250 |
| 2110 |
440613 |
|
Central Support Indirect Costs |
|
$ |
31,411,719 |
|
$ |
31,902,600 |
| 4730 |
440622 |
|
Lab Operating Expenses |
|
$ |
5,323,860 |
|
$ |
5,396,471 |
| 6830 |
440633 |
|
Employee Assistance Program |
|
$ |
1,330,947 |
|
$ |
1,353,323 |
| 6980 |
440634 |
|
Nurse Aide Training |
|
$ |
170,000 |
|
$ |
170,000 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
48,112,569 |
|
$ |
49,156,644 |
Federal Special Revenue Fund Group
| 3200 |
440601 |
|
Maternal Child Health Block Grant |
|
$ |
29,056,772 |
|
$ |
29,068,886 |
| 3870 |
440602 |
|
Preventive Health Block Grant |
|
$ |
7,826,659 |
|
$ |
7,826,659 |
| 3890 |
440604 |
|
Women, Infants, and Children |
|
$ |
298,672,689 |
|
$ |
308,672,689 |
| 3910 |
440606 |
|
Medicaid/Medicare |
|
$ |
25,891,157 |
|
$ |
26,826,242 |
| 3920 |
440618 |
|
Federal Public Health Programs |
|
$ |
136,778,215 |
|
$ |
136,778,215 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
498,225,492 |
|
$ |
509,172,691 |
State Special Revenue Fund Group
| 4700 |
440647 |
|
Fee Supported Programs |
|
$ |
25,905,140 |
|
$ |
25,905,140 |
| 4710 |
440619 |
|
Certificate of Need |
|
$ |
989,000 |
|
$ |
1,021,753 |
| 4770 |
440627 |
|
Medically Handicapped Children Audit |
|
$ |
3,693,016 |
|
$ |
3,693,016 |
| 4D60 |
440608 |
|
Genetics Services |
|
$ |
3,317,000 |
|
$ |
3,317,000 |
| 4F90 |
440610 |
|
Sickle Cell Disease Control |
|
$ |
1,035,344 |
|
$ |
1,035,344 |
| 4G00 |
440636 |
|
Heirloom Birth Certificate |
|
$ |
5,000 |
|
$ |
5,000 |
| 4G00 |
440637 |
|
Birth Certificate Surcharge |
|
$ |
5,000 |
|
$ |
5,000 |
| 4L30 |
440609 |
|
Miscellaneous Expenses |
|
$ |
746,468 |
|
$ |
746,468 |
| 4P40 |
440628 |
|
Ohio Physician Loan Repayment |
|
$ |
476,870 |
|
$ |
476,870 |
| 4V60 |
440641 |
|
Save Our Sight |
|
$ |
2,938,649 |
|
$ |
3,115,938 |
| 5B50 |
440616 |
|
Quality, Monitoring, and Inspection |
|
$ |
1,005,699 |
|
$ |
1,015,053 |
| 5C00 |
440615 |
|
Alcohol Testing and Permit |
|
$ |
1,455,405 |
|
$ |
1,455,405 |
| 5CJ0 |
440654 |
|
Sewage Treatment System Innovation |
|
$ |
250,000 |
|
$ |
250,000 |
| 5CN0 |
440645 |
|
Choose Life |
|
$ |
75,000 |
|
$ |
75,000 |
| 5D60 |
440620 |
|
Second Chance Trust |
|
$ |
1,054,951 |
|
$ |
1,054,951 |
| 5ED0 |
440651 |
|
Smoke Free Indoor Air |
|
$ |
189,500 |
|
$ |
190,452 |
| 5G40 |
440639 |
|
Adoption Services |
|
$ |
20,000 |
|
$ |
20,000 |
| 5L10 |
440623 |
|
Nursing Facility Technical Assistance Program |
|
$ |
698,595 |
|
$ |
698,595 |
| 5Z70 |
440624 |
|
Ohio Dentist Loan Repayment |
|
$ |
140,000 |
|
$ |
140,000 |
| 6100 |
440626 |
|
Radiation Emergency Response |
|
$ |
887,445 |
|
$ |
920,372 |
| 6660 |
440607 |
|
Medically Handicapped Children - County Assessments |
|
$ |
17,320,687 |
|
$ |
17,320,687 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
62,208,769 |
|
$ |
62,462,044 |
Holding Account Redistribution Fund Group
| R014 |
440631 |
|
Vital Statistics |
|
$ |
70,000 |
|
$ |
70,000 |
| R048 |
440625 |
|
Refunds, Grants Reconciliation, and Audit Settlements |
|
$ |
20,000 |
|
$ |
20,000 |
| TOTAL 090 Holding Account |
|
|
|
|
|
|
| Redistribution Fund Group |
|
$ |
90,000 |
|
$ |
90,000 |
Tobacco Master Settlement Agreement Fund Group
| 5BX0 |
440656 |
|
Tobacco Use Prevention |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
| TOTAL TSF Tobacco Master Settlement |
|
|
|
|
|
|
| Agreement Fund Group |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
717,333,317 |
|
$ |
729,577,866 |
Section 289.20. HIV/AIDS PREVENTION/TREATMENT
The foregoing appropriation item 440444, AIDS
Prevention
and
Treatment,
shall be used to assist persons with HIV/AIDS
in
acquiring
HIV-related medications and to administer educational
prevention initiatives.
INFECTIOUS DISEASE PREVENTION
The foregoing appropriation item 440446, Infectious
Disease
Protection and Surveillance, shall be
used
for coordination and
management of prevention program operations and
the
purchase of
drugs for sexually
transmitted diseases.
The foregoing appropriation item 440459, Help Me Grow,
shall
be used by the Department of Health to distribute
subsidies
to
counties to implement
the Help
Me Grow Program.
Appropriation
item
440459, Help Me Grow, may be
used in
conjunction with
Early
Intervention funding
from the Department
of Mental Retardation
and Developmental
Disabilities,
and in
conjunction
with other
early
childhood funds
and services
to
promote the
optimal
development of
young children.
The
Department
of Health
shall
enter into an
interagency agreement
with the
Department of
Education, Department of Mental Retardation
and
Developmental
Disabilities, Department of Job and Family
Services, and
Department of Mental Health to ensure that all early
childhood
programs and initiatives are coordinated
and school
linked.
The foregoing appropriation item 440459, Help Me Grow,
shall
also be used for the Autism Diagnosis
Education Pilot Program.
DEPARTMENT OF HEALTH - FEDERAL STIMULUS
Upon the request of the Director of Health, the Director of
Budget and Management may transfer appropriation from
appropriation item 440469, Health – Federal Stimulus, to the
following appropriation items: $300,000 in fiscal year 2010 and
$257,709 in fiscal year 2011 to appropriation item 440407, Animal
Borne Disease and Prevention; $50,000 in each fiscal year to
appropriation item 440412, Cancer Incidence Surveillance System;
$106,194 in each fiscal year to appropriation item 440413, Local
Health Department Support; $800,000 in fiscal year 2010 and
$700,000 in fiscal year 2011 to appropriation item 440418,
Immunizations; $200,000 in each fiscal year to appropriation item
440431, Free Clinics Safety Net Services; $200,000 in each fiscal
year to appropriation item 440446, Infectious Disease Protection
and Surveillance; $100,000 in each fiscal year to appropriation
item 440454, Local Environmental Health; $50,000 in each fiscal
year to appropriation item 440465, Federally Qualified Health
Centers; $100,000 in each fiscal year to appropriation item
440468, Chronic Disease and Injury Prevention; and $773,841 in
fiscal year 2010 and $700,000 in fiscal year 2011 to appropriation
item 440511, Uncompensated Care/Emergency Medical Assistance.
TARGETED HEALTH CARE SERVICES OVER 21
The foregoing appropriation item
440507, Targeted Health
Care Services Over 21, shall be
used to administer the Cystic
Fibrosis Program and to implement the
Hemophilia Insurance
Premium Payment Program.
The foregoing appropriation item 440507, Targeted Health
Care Services Over 21, shall also be used
to provide essential
medications and to pay the copayments for
drugs approved by the
Department of Health and covered by Medicare
Part D that are
dispensed to Bureau for Children with Medical
Handicaps (BCMH)
participants for the Cystic Fibrosis Program.
These funds also may be used, to the extent that funding is
available, to provide up to 18 in-patient hospital days for
participants in the Cystic Fibrosis Program.
The Department shall
expend all of these funds.
The foregoing appropriation item 440608, Genetics Services
(Fund
4D60), shall be used by the Department of Health to
administer
programs authorized by sections 3701.501 and 3701.502
of the Revised
Code. None of these funds shall be used to counsel
or refer for abortion, except in the case of a medical emergency.
MEDICALLY HANDICAPPED CHILDREN AUDIT
The Medically Handicapped Children Audit Fund (Fund 4770)
shall receive revenue from audits of hospitals and recoveries
from
third-party payers. Moneys may be expended for payment of
audit
settlements and for costs directly related to obtaining
recoveries
from third-party payers and for encouraging Medically
Handicapped
Children's Program recipients to apply for
third-party benefits.
Moneys also may be expended for payments
for diagnostic and
treatment services on behalf of medically
handicapped children, as
defined in division (A) of section
3701.022 of the Revised Code,
and Ohio residents who are twenty-one
or more years of age and who
are suffering from cystic fibrosis or hemophilia. Moneys may also
be expended
for administrative expenses incurred in operating the
Medically
Handicapped Children's Program.
CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND
PERMIT FUND
The Director of Budget and Management, pursuant to a plan
submitted by the Department of Health, or as otherwise
determined
by the Director of Budget and Management, shall set a schedule to
transfer cash
from the Liquor Control Fund (Fund 7043) to the
Alcohol Testing and
Permit Fund (Fund 5C00) to meet the operating
needs of the Alcohol
Testing and Permit Program.
The Director of Budget and Management may transfer to the
Alcohol Testing and Permit Fund (Fund 5C00) from the Liquor
Control
Fund (Fund 7043) created in section 4301.12 of the Revised
Code
such amounts at such times as determined by the transfer
schedule.
DENTIST LOAN REPAYMENT ADVISORY BOARD
As specified in the amendments made by this act to section
3702.92 of the Revised Code, the Governor, Speaker of the House of
Representatives, and President of the Senate shall each appoint
one additional member to the Dentist Loan Repayment Advisory
Board. The appointments shall be made not later than sixty days
after the effective date of section 3702.92 of the Revised Code.
The terms of office of
the additional members shall end on
January 27, 2011, except that
a legislative member ceases to be a
member of the Board on ceasing
to be a member of the General
Assembly. Vacancies occurring prior
to January 27, 2011, shall be
filled in the manner prescribed for
original appointments under
this section.
MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS
The foregoing appropriation item 440607, Medically
Handicapped Children - County Assessments (Fund 6660), shall be
used to make
payments under division (E) of section 3701.023
of
the
Revised Code.
CASH TRANSFER FROM THE SEWAGE INNOVATION FUND
TO FEE
SUPPORTED PROGRAMS FUND
On July 1, 2009, or as soon as possible thereafter, the
Director of Health shall certify to the Director of Budget and
Management the amount of cash to be transferred from the Sewage
Innovation Fund (Fund 5CJ0) to the Fee Supported Program Fund
(Fund 4700) to meet the needs of the Sewage Program. The Director
of Budget and Management may transfer the amount certified. The
amount certified is hereby appropriated.
NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM
On July 1, 2009, or as soon as possible thereafter, the
Director of Budget and Management may transfer, cash from the
Resident Protection Fund (Fund 4E30), which is used by the Ohio
Department of Job and Family Services, to the Nursing Facility
Technical Assistance Program Fund (Fund 5L10), which is used by
the Ohio Department of Health, to be used under section 3721.026
of the Revised Code. The transfers shall equal $698,595 in each
fiscal year.
Section 291.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION
| 4610 |
372601 |
|
Operating Expenses |
|
$ |
40,000 |
|
$ |
40,000 |
| TOTAL AGY Agency Fund Group |
|
$ |
40,000 |
|
$ |
40,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
40,000 |
|
$ |
40,000 |
Section 293.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS
| GRF |
148100 |
|
Personal Services |
|
$ |
328,353 |
|
$ |
328,353 |
| GRF |
148200 |
|
Maintenance |
|
$ |
50,000 |
|
$ |
50,000 |
| GRF |
148402 |
|
Community Projects |
|
$ |
129,264 |
|
$ |
129,264 |
| TOTAL GRF General Revenue Fund |
|
$ |
507,617 |
|
$ |
507,617 |
General Services Fund Group
| 6010 |
148602 |
|
Gifts and Miscellaneous |
|
$ |
10,000 |
|
$ |
10,000 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
10,000 |
|
$ |
10,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
517,617 |
|
$ |
517,617 |
Section 295.10. OHS OHIO HISTORICAL SOCIETY
| GRF |
360501 |
|
Education and Collections |
|
$ |
3,291,754 |
|
$ |
3,291,754 |
| GRF |
360502 |
|
Site and Museum Operations |
|
$ |
5,415,927 |
|
$ |
5,415,927 |
| GRF |
360504 |
|
Ohio Preservation Office |
|
$ |
326,066 |
|
$ |
326,066 |
| GRF |
360505 |
|
National Afro-American Museum |
|
$ |
592,568 |
|
$ |
592,568 |
| GRF |
360506 |
|
Hayes Presidential Center |
|
$ |
401,490 |
|
$ |
401,490 |
| GRF |
360508 |
|
State Historical Grants |
|
$ |
600,600 |
|
$ |
600,600 |
| GRF |
360509 |
|
Outreach and Partnership |
|
$ |
703,638 |
|
$ |
703,638 |
| TOTAL GRF General Revenue Fund |
|
$ |
11,332,043 |
|
$ |
11,332,043 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
11,332,043 |
|
$ |
11,332,043 |
Upon approval by the Director of Budget and Management, the
foregoing appropriation items shall be released to the Ohio
Historical Society in quarterly amounts that in total do not
exceed the annual appropriations. The funds and fiscal records
of
the society for fiscal year 2010 and fiscal year 2011 shall be
examined
by
independent certified public accountants approved by
the
Auditor
of State, and a copy of the audited financial
statements
shall be
filed with the Office of Budget and
Management. The
society shall
prepare and submit to the
Office of
Budget and Management the
following:
(A) An estimated operating budget for each fiscal year of
the
biennium. The operating budget shall be submitted at or near
the
beginning of each calendar year.
(B) Financial reports, indicating actual receipts and
expenditures for the fiscal year to date. These reports shall be
filed at least semiannually during the fiscal biennium.
The foregoing appropriations shall be considered to be the
contractual consideration provided by the state to support the
state's offer
to contract with the Ohio Historical Society under
section 149.30 of
the Revised Code.
Of the foregoing appropriation item 360501, Education and
Collections, $910,459 in each fiscal year shall be used for the
State
Archives, Library, and Artifact Collections Program.
HAYES PRESIDENTIAL CENTER
If a United States government agency, including, but not
limited to, the
National Park Service, chooses to take over the
operations or maintenance
of the Hayes Presidential Center, in
whole or in part, the Ohio Historical
Society shall
make
arrangements with the National Park Service or other United States
government agency for the
efficient transfer of operations or
maintenance.
Section 297.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW
| GRF |
029321 |
|
Operating Expenses |
|
$ |
483,520 |
|
$ |
483,520 |
| TOTAL GRF General Revenue Fund |
|
$ |
483,520 |
|
$ |
483,520 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
483,520 |
|
$ |
483,520 |
The Chief Administrative Officer of the House of
Representatives and the Clerk
of the Senate shall determine, by
mutual agreement, which of them shall act as
fiscal
agent for
the
Joint Committee on Agency Rule Review. Members of the Committee
shall be paid in accordance with section 101.35 of the Revised
Code.
On July 1, 2009, or as soon as possible thereafter, the
Executive Director of the Joint Committee on Agency Rule Review
may certify to the Director of Budget and Management the amount of
the unexpended, unencumbered balance of
the foregoing
appropriation item 029321, Operating Expenses, at
the end of
fiscal year 2009 to be reappropriated to fiscal year 2010. The
amount certified is hereby reappropriated to the same
appropriation item for fiscal
year 2010.
On July 1, 2010, or as soon as possible thereafter, the
Executive Director of the Joint Committee on Agency Rule Review
may certify to the Director of Budget and Management the amount of
the unexpended, unencumbered balance of
the foregoing
appropriation item 029321, Operating Expenses, at
the end of
fiscal year 2010 to be reappropriated to fiscal year 2011. The
amount certified is hereby reappropriated to the same
appropriation item for fiscal
year 2011.
Section 301.10. REP OHIO HOUSE OF REPRESENTATIVES
| GRF |
025321 |
|
Operating Expenses |
|
$ |
20,574,548 |
|
$ |
20,574,548 |
| TOTAL GRF General Revenue Fund |
|
$ |
20,574,548 |
|
$ |
20,574,548 |
General Services Fund Group
| 1030 |
025601 |
|
House Reimbursement |
|
$ |
1,433,664 |
|
$ |
1,433,664 |
| 4A40 |
025602 |
|
Miscellaneous Sales |
|
$ |
37,849 |
|
$ |
37,849 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
1,471,513 |
|
$ |
1,471,513 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
22,046,061 |
|
$ |
22,046,061 |
On July 1, 2009, or as soon as possible thereafter, the Clerk
of the House of Representatives may
certify to the Director of
Budget and Management the amount of the unexpended, unencumbered
balance of the foregoing appropriation
item 025321, Operating
Expenses, at the end of fiscal year 2009 to be reappropriated to
fiscal year 2010. The amount certified is hereby reappropriated to
the same appropriation item for fiscal year 2010.
On July 1, 2010, or as soon as possible thereafter, the Clerk
of the House of Representatives may
certify to the Director of
Budget and Management the amount of the
unexpended, unencumbered
balance of the foregoing appropriation
item 025321, Operating
Expenses, at the end of fiscal year 2010 to be reappropriated to
fiscal year 2011. The amount certified is hereby reappropriated to
the same appropriation
item for fiscal year 2011.
Section 303.10. HFA OHIO HOUSING FINANCE AGENCY
| 5AZ0 |
997601 |
|
Housing Finance Agency Personal Services |
|
$ |
10,186,713 |
|
$ |
10,386,426 |
| TOTAL AGY Agency Fund Group |
|
$ |
10,186,713 |
|
$ |
10,386,426 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
10,186,713 |
|
$ |
10,386,426 |
Section 305.10. IGO OFFICE OF THE INSPECTOR GENERAL
| GRF |
965321 |
|
Operating Expenses |
|
$ |
1,164,218 |
|
$ |
1,164,218 |
| TOTAL GRF General Revenue Fund |
|
$ |
1,164,218 |
|
$ |
1,164,218 |
General Services Fund Group
| 5FA0 |
965603 |
|
Deputy Inspector General for ODOT |
|
$ |
400,000 |
|
$ |
400,000 |
| 5FT0 |
965604 |
|
Deputy Inspector General for BWC/OIC |
|
$ |
425,000 |
|
$ |
425,000 |
| TOTAL GSF General Services Fund Group |
|
$ |
825,000 |
|
$ |
825,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,989,218 |
|
$ |
1,989,218 |
Section 307.10. INS DEPARTMENT OF INSURANCE
| GRF |
820607 |
|
State Coverage Initiative |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
| TOTAL GRF General Revenue Fund |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
Federal Special Revenue Fund Group
| 3CX0 |
820608 |
|
State Coverage Initiative - Federal |
|
$ |
50,000,000 |
|
$ |
100,000,000 |
| 3U50 |
820602 |
|
OSHIIP Operating Grant |
|
$ |
1,770,000 |
|
$ |
1,790,000 |
| TOTAL FED Federal Special
|
|
|
|
|
|
|
| Revenue Fund Group |
|
$ |
51,770,000 |
|
$ |
101,790,000 |
State Special Revenue Fund Group
| 5540 |
820601 |
|
Operating Expenses - OSHIIP |
|
$ |
200,000 |
|
$ |
200,000 |
| 5540 |
820606 |
|
Operating Expenses |
|
$ |
23,105,028 |
|
$ |
23,108,297 |
| 5540 |
820609 |
|
State Coverage Initiative Administration |
|
$ |
479,575 |
|
$ |
479,575 |
| 5550 |
820605 |
|
Examination |
|
$ |
9,275,768 |
|
$ |
9,294,668 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
33,060,371 |
|
$ |
33,082,540 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
94,830,371 |
|
$ |
144,872,540 |
MARKET CONDUCT EXAMINATION
When conducting a market conduct examination of any insurer
doing business in this state, the Superintendent of Insurance may
assess the costs of the examination against the insurer. The
superintendent may enter into consent agreements to impose
administrative assessments or fines for conduct discovered that
may be violations of statutes or rules administered by the
superintendent. All costs, assessments, or fines collected shall
be deposited to the credit of the Department of Insurance
Operating Fund (Fund 5540).
EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES
The Director of Budget and Management, at the request of the
Superintendent of Insurance, may transfer funds from the
Department of Insurance Operating Fund (Fund 5540), established by
section 3901.021 of the Revised Code, to the Superintendent's
Examination Fund (Fund 5550), established by section 3901.071 of
the
Revised Code, only for expenses incurred in
examining
domestic
fraternal benefit societies as required by
section
3921.28 of the
Revised Code.
TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND
Not later than the thirty-first day of July each fiscal year,
the Director of Budget and Management shall transfer $5,000,000
from the Department of Insurance Operating Fund (Fund 5540) to the
General
Revenue Fund.
Section 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES
| GRF |
600321 |
|
Support Services |
|
|
|
|
|
|
|
|
|
State |
|
$ |
52,432,042 |
|
$ |
52,817,104 |
|
|
|
Federal |
|
$ |
9,252,713 |
|
$ |
9,320,665 |
|
|
|
Support Services Total |
|
$ |
61,684,755 |
|
$ |
62,137,769 |
| GRF |
600410 |
|
TANF State |
|
$ |
190,607,468 |
|
$ |
202,858,335 |
| GRF |
600413 |
|
Child Care Match/Maintenance of Effort |
|
$ |
88,415,688 |
|
$ |
93,105,300 |
| GRF |
600416 |
|
Computer Projects |
|
|
|
|
|
|
|
|
|
State |
|
$ |
92,734,743 |
|
$ |
93,242,343 |
|
|
|
Federal |
|
$ |
10,303,860 |
|
$ |
10,360,260 |
|
|
|
Computer Projects Total |
|
$ |
103,038,603 |
|
$ |
103,602,603 |
| GRF |
600417 |
|
Medicaid Provider Audits |
|
$ |
1,484,001 |
|
$ |
1,497,886 |
| GRF |
600420 |
|
Child Support Administration |
|
$ |
7,369,234 |
|
$ |
7,431,310 |
| GRF |
600421 |
|
Office of Family Stability |
|
$ |
4,653,955 |
|
$ |
4,720,001 |
| GRF |
600423 |
|
Office of Children and Families |
|
$ |
6,494,545 |
|
$ |
6,580,782 |
| GRF |
600425 |
|
Office of Ohio Health Plans |
|
|
|
|
|
|
|
|
|
State |
|
$ |
14,688,390 |
|
$ |
11,452,327 |
|
|
|
Federal |
|
$ |
15,287,916 |
|
$ |
11,919,769 |
|
|
|
Office of Ohio Health Plans Total |
|
$ |
29,976,306 |
|
$ |
23,372,096 |
| GRF |
600502 |
|
Administration - Local |
|
$ |
25,382,308 |
|
$ |
24,950,288 |
| GRF |
600511 |
|
Disability Financial Assistance |
|
$ |
36,037,712 |
|
$ |
38,684,457 |
| GRF |
600521 |
|
Entitlement Administration - Local |
|
$ |
107,026,181 |
|
$ |
100,893,286 |
| GRF |
600523 |
|
Children and Families Services |
|
$ |
74,209,378 |
|
$ |
74,209,378 |
| GRF |
600525 |
|
Health Care/Medicaid |
|
|
|
|
|
|
|
|
|
State |
|
$ |
2,499,164,487 |
|
$ |
3,458,406,646 |
|
|
|
Federal |
|
$ |
6,315,314,628 |
|
$ |
7,235,261,849 |
|
|
|
Health Care Total |
|
$ |
8,814,479,115 |
|
$ |
10,693,668,495 |
| GRF |
600526 |
|
Medicare Part D |
|
$ |
271,746,617 |
|
$ |
287,194,790 |
| GRF |
600528 |
|
Adoption Services |
|
|
|
|
|
|
|
|
|
State |
|
$ |
38,722,700 |
|
$ |
41,060,302 |
|
|
|
Federal |
|
$ |
49,792,948 |
|
$ |
47,455,346 |
|
|
|
Adoption Services Total |
|
$ |
88,515,648 |
|
$ |
88,515,648 |
| GRF |
600529 |
|
Capital Compensation Program |
|
$ |
40,000,000 |
|
$ |
0 |
| GRF |
600534 |
|
Adult Protective Services |
|
$ |
522,040 |
|
$ |
511,453 |
| GRF |
600535 |
|
Early Care and Education |
|
$ |
150,000,000 |
|
$ |
150,000,000 |
| GRF |
600537 |
|
Children's Hospital |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
| GRF |
600661 |
|
Child Care - Federal Stimulus |
|
$ |
8,915,224 |
|
$ |
13,459,664 |
| TOTAL GRF General Revenue Fund |
|
|
|
|
|
|
|
|
|
State |
|
$ |
3,716,606,713 |
|
$ |
4,669,075,652 |
|
|
|
Federal |
|
$ |
6,399,952,065 |
|
$ |
7,314,317,889 |
|
|
|
GRF Total |
|
$ |
10,116,558,778 |
|
$ |
11,983,393,541 |
General Services Fund Group
| 4A80 |
600658 |
|
Child Support Collections |
|
$ |
26,000,000 |
|
$ |
26,000,000 |
| 4R40 |
600665 |
|
BCII Services/Fees |
|
$ |
36,974 |
|
$ |
36,974 |
| 5BG0 |
600653 |
|
Managed Care Assessment |
|
$ |
168,914,857 |
|
$ |
0 |
| 5C90 |
600671 |
|
Medicaid Program Support |
|
$ |
69,876,838 |
|
$ |
68,313,238 |
| 5DL0 |
600639 |
|
Medicaid Revenue and Collections |
|
$ |
99,916,750 |
|
$ |
63,600,000 |
| 5DM0 |
600633 |
|
Administration & Operating |
|
$ |
19,853,583 |
|
$ |
19,928,733 |
| 5FX0 |
600638 |
|
Medicaid Payment Withholding |
|
$ |
26,000,000 |
|
$ |
26,000,000 |
| 5N10 |
600677 |
|
County Technologies |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
| 5P50 |
600692 |
|
Health Care Services |
|
$ |
84,052,802 |
|
$ |
226,469,478 |
| 6130 |
600645 |
|
Training Activities |
|
$ |
110,000 |
|
$ |
110,000 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
495,761,804 |
|
$ |
431,458,423 |
Federal Special Revenue Fund Group
| 3270 |
600606 |
|
Child Welfare |
|
$ |
33,972,321 |
|
$ |
33,984,200 |
| 3310 |
600686 |
|
Federal Operating |
|
$ |
50,655,096 |
|
$ |
51,569,912 |
| 3840 |
600610 |
|
Food Assistance and State Administration |
|
$ |
159,109,776 |
|
$ |
159,109,427 |
| 3850 |
600614 |
|
Refugee Services |
|
$ |
10,497,024 |
|
$ |
11,265,511 |
| 3950 |
600616 |
|
Special Activities/Child and Family Services |
|
$ |
3,113,200 |
|
$ |
2,813,200 |
| 3960 |
600620 |
|
Social Services Block Grant |
|
$ |
120,000,000 |
|
$ |
120,000,000 |
| 3970 |
600626 |
|
Child Support |
|
$ |
305,830,981 |
|
$ |
305,832,341 |
| 3980 |
600627 |
|
Adoption Maintenance/
Administration |
|
$ |
346,622,373 |
|
$ |
346,865,342 |
| 3A20 |
600641 |
|
Emergency Food Distribution |
|
$ |
4,970,000 |
|
$ |
4,970,000 |
| 3AW0 |
600675 |
|
Faith Based Initiatives |
|
$ |
544,140 |
|
$ |
544,140 |
| 3D30 |
600648 |
|
Children's Trust Fund Federal |
|
$ |
2,040,524 |
|
$ |
2,040,524 |
| 3F00 |
600623 |
|
Health Care Federal |
|
$ |
3,053,505,106 |
|
$ |
2,310,117,015 |
| 3F00 |
600650 |
|
Hospital Care Assurance Match |
|
$ |
362,092,785 |
|
$ |
367,826,196 |
| 3G50 |
600655 |
|
Interagency Reimbursement |
|
$ |
1,503,777,044 |
|
$ |
1,561,905,912 |
| 3H70 |
600617 |
|
Child Care Federal |
|
$ |
241,862,780 |
|
$ |
241,862,779 |
| 3N00 |
600628 |
|
IV-E Foster Care Maintenance |
|
$ |
169,324,768 |
|
$ |
161,644,455 |
| 3S50 |
600622 |
|
Child Support Projects |
|
$ |
534,050 |
|
$ |
534,050 |
| 3V00 |
600688 |
|
Workforce Investment Act |
|
$ |
326,923,124 |
|
$ |
327,145,616 |
| 3V40 |
600678 |
|
Federal Unemployment Programs |
|
$ |
154,883,142 |
|
$ |
136,982,528 |
| 3V40 |
600679 |
|
Unemployment Compensation Review Commission - Federal |
|
$ |
3,487,473 |
|
$ |
3,487,473 |
| 3V60 |
600689 |
|
TANF Block Grant |
|
$ |
761,733,452 |
|
$ |
736,410,211 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
7,615,479,159 |
|
$ |
6,886,910,832 |
State Special Revenue Fund Group
| 1980 |
600647 |
|
Children's Trust Fund |
|
$ |
5,881,011 |
|
$ |
5,881,011 |
| 4A90 |
600607 |
|
Unemployment Compensation Administration Fund |
|
$ |
27,134,851 |
|
$ |
37,772,416 |
| 4A90 |
600694 |
|
Unemployment Compensation Review Commission |
|
$ |
2,357,197 |
|
$ |
2,431,133 |
| 4E30 |
600605 |
|
Nursing Home Assessments |
|
$ |
4,759,914 |
|
$ |
4,759,914 |
| 4E70 |
600604 |
|
Child and Family Services Collections |
|
$ |
300,000 |
|
$ |
300,000 |
| 4F10 |
600609 |
|
Foundation Grants/Child & Family Services |
|
$ |
250,000 |
|
$ |
250,000 |
| 4J50 |
600613 |
|
Nursing Facility Bed Assessments |
|
$ |
36,713,984 |
|
$ |
36,713,984 |
| 4J50 |
600618 |
|
Residential State Supplement Payments |
|
$ |
15,700,000 |
|
$ |
15,700,000 |
| 4K10 |
600621 |
|
ICF/MR Bed Assessments |
|
$ |
28,261,826 |
|
$ |
29,482,434 |
| 4R30 |
600687 |
|
Banking Fees |
|
$ |
700,000 |
|
$ |
700,000 |
| 4Z10 |
600625 |
|
HealthCare Compliance |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
| 5AJ0 |
600631 |
|
Money Follows the Person |
|
$ |
6,286,485 |
|
$ |
6,195,163 |
| 5DB0 |
600637 |
|
Military Injury Grants |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
| 5DP0 |
600634 |
|
Adoption Assistance Loan |
|
$ |
500,000 |
|
|
500,000 |
| 5ES0 |
600630 |
|
Food Assistance |
|
$ |
500,000 |
|
$ |
500,000 |
| 5F20 |
600667 |
|
Building Consolidation |
|
$ |
250,000 |
|
$ |
250,000 |
| 5F30 |
600668 |
|
Building Consolidation |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
| 5GF0 |
600656 |
|
Medicaid - Hospital |
|
$ |
282,830,073 |
|
$ |
315,578,067 |
| 5Q90 |
600619 |
|
Supplemental Inpatient Hospital Payments |
|
$ |
56,125,998 |
|
$ |
56,125,998 |
| 5R20 |
600608 |
|
Medicaid-Nursing Facilities |
|
$ |
329,947,751 |
|
$ |
341,125,000 |
| 5S30 |
600629 |
|
MR/DD Medicaid
Administration and Oversight |
|
$ |
2,070,707 |
|
$ |
5,493,954 |
| 5U30 |
600654 |
|
Health Care Services Administration |
|
$ |
12,017,389 |
|
$ |
14,393,903 |
| 5U60 |
600663 |
|
Children and Family Support |
|
$ |
4,719,470 |
|
$ |
4,719,470 |
| 6510 |
600649 |
|
Hospital Care Assurance
Program Fund |
|
$ |
220,612,051 |
|
$ |
218,164,239 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
1,050,918,707 |
|
$ |
1,110,036,686 |
| 1920 |
600646 |
|
Support Intercept - Federal |
|
$ |
130,000,000 |
|
$ |
130,000,000 |
| 5830 |
600642 |
|
Support Intercept - State |
|
$ |
16,000,000 |
|
$ |
16,000,000 |
| 5B60 |
600601 |
|
Food Assistance Intercept |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
| TOTAL AGY Agency Fund Group |
|
$ |
148,000,000 |
|
$ |
148,000,000 |
Holding Account Redistribution Fund Group
| R012 |
600643 |
|
Refunds and Audit Settlements |
|
$ |
3,600,000 |
|
$ |
3,600,000 |
| R013 |
600644 |
|
Forgery Collections |
|
$ |
10,000 |
|
$ |
10,000 |
| TOTAL 090 Holding Account Redistribution Fund Group |
|
$ |
3,610,000 |
|
$ |
3,610,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
19,430,328,448 |
|
$ |
20,563,409,482 |
Section 309.20. SUPPORT SERVICES
Section 309.20.10. AGENCY FUND GROUP
The Agency Fund
Group and Holding Account Redistribution Fund
Group shall be used to hold revenues until
the
appropriate fund is
determined or until the revenues are directed to
the appropriate
governmental agency other than the Department of
Job and Family
Services. If receipts credited to the Support Intercept – Federal
Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830),
the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit
Settlements Fund (Fund R012), or the Forgery Collections Fund
(Fund R013) exceed the amounts appropriated from the fund, the
Director of Job and Family Services may request the Director of
Budget and Management to authorize expenditures from the fund in
excess of the amounts appropriated. Upon the approval of the
Director of Budget and Management, the additional amounts are
hereby appropriated.
Section 309.30.10. HEALTH CARE/MEDICAID
The foregoing appropriation item 600525, Health
Care/Medicaid, shall not be limited by section 131.33 of the
Revised Code.
Section 309.30.20. FISCAL YEAR 2010 MEDICAID REIMBURSEMENT
SYSTEM
FOR NURSING FACILITIES
(A) As used in this section:
"Franchise permit fee," "Medicaid days," "nursing facility,"
and "provider" have the same meanings as in section 5111.20 of the
Revised Code.
"Nursing facility services" means nursing facility services
covered by the Medicaid program that a nursing facility provides
to a resident of the nursing facility who is a Medicaid recipient
eligible for Medicaid-covered nursing facility services.
(B) Except as otherwise provided by this section, the
provider of a nursing facility that has a valid Medicaid provider
agreement on June 30, 2009, and a valid Medicaid provider
agreement during fiscal year 2010 shall be paid, for nursing
facility services the nursing facility provides during fiscal year
2010, the rate calculated for the nursing facility under sections
5111.20 to 5111.33 of the Revised Code with the following
adjustments:
(1) The cost per case mix-unit calculated under section
5111.231 of the Revised Code, the rate for ancillary and support
costs calculated under section 5111.24 of the Revised Code, the
rate for capital costs calculated under section 5111.25 of the
Revised Code, and the rate for tax costs calculated under section
5111.242 of the Revised Code shall each be adjusted as follows:
(a) Increase the cost and rates so calculated by two per
cent;
(b) Increase the cost and rates determined under division
(B)(1)(a) of this section by two per cent;
(c) Increase the cost and rates determined under division
(B)(1)(b) of this section by one per cent.
(2) The mean payment used in the calculation of the quality
incentive payment made under section 5111.244 of the Revised Code
shall be, weighted by Medicaid days, three dollars and three cents
per Medicaid day.
(C) If the United States Centers for Medicare and Medicaid
Services requires that the franchise permit fee be reduced or
eliminated, the Department of Job and Family Services shall reduce
the amount it pays providers of nursing facility services under
this section as necessary to reflect the loss to the state of the
revenue and federal financial participation generated from the
franchise permit fee.
(D) The Department of Job and Family Services shall follow
this section in determining the rate to be paid to the provider of
a nursing facility that has a valid Medicaid provider agreement on
June 30, 2009, and a valid Medicaid provider agreement during
fiscal year 2010 notwithstanding anything to the contrary in
sections 5111.20 to 5111.33 of the Revised Code.
(E) Not later than sixty days after the effective date of
this section, the Director of Job and Family Services shall submit
an amendment to the state Medicaid plan to the United States
Secretary of Health and Human Services as necessary to implement
this section. On receipt of the United States Secretary's approval
of the amendment to the state Medicaid plan, the Director shall
implement this section retroactive to the later of the effective
date of the state Medicaid plan amendment and July 1, 2009.
Section 309.30.30. FISCAL YEAR 2011 MEDICAID REIMBURSEMENT
SYSTEM
FOR NURSING FACILITIES
(A) As used in this section:
"Franchise permit fee," "Medicaid days," "nursing facility,"
and "provider" have the same meanings as in section 5111.20 of the
Revised Code.
"Nursing facility services" means nursing facility services
covered by the Medicaid program that a nursing facility provides
to a resident of the nursing facility who is a Medicaid recipient
eligible for Medicaid-covered nursing facility services.
(B) Except as otherwise provided by this section, the
provider of a nursing facility that has a valid Medicaid provider
agreement on June 30, 2010, and a valid Medicaid provider
agreement during fiscal year 2011 shall be paid, for nursing
facility services the nursing facility provides during fiscal year
2011, the rate calculated for the nursing facility under sections
5111.20 to 5111.33 of the Revised Code with the following
adjustments:
(1) The cost per case mix-unit calculated under section
5111.231 of the Revised Code, the rate for ancillary and support
costs calculated under section 5111.24 of the Revised Code, the
rate for capital costs calculated under section 5111.25 of the
Revised Code, and the rate for tax costs calculated under section
5111.242 of the Revised Code shall each be adjusted as follows:
(a) Increase the cost and rates so calculated by two per
cent;
(b) Increase the cost and rates determined under division
(B)(1)(a) of this section by two per cent;
(c) Increase the cost and rates determined under division
(B)(1)(b) of this section by one per cent.
(2) The mean payment used in the calculation of the quality
incentive payment made under section 5111.244 of the Revised Code
shall be, weighted by Medicaid days, three dollars and three cents
per Medicaid day.
(C) If the United States Centers for Medicare and Medicaid
Services requires that the franchise permit fee be reduced or
eliminated, the Department of Job and Family Services shall reduce
the amount it pays providers of nursing facility services under
this section as necessary to reflect the loss to the state of the
revenue and federal financial participation generated from the
franchise permit fee.
(D) The Department of Job and Family Services shall follow
this section in determining the rate to be paid to the provider of
a nursing facility that has a valid Medicaid provider agreement on
June 30, 2010, and a valid Medicaid provider agreement during
fiscal year 2011 notwithstanding anything to the contrary in
sections 5111.20 to 5111.33 of the Revised Code.
(E) Not later than sixty days after the effective date of
this section, the Director of Job and Family Services shall submit
an amendment to the state Medicaid plan to the United States
Secretary of Health and Human Services as necessary to implement
this section. On receipt of the United States Secretary's approval
of the amendment to the state Medicaid plan, the Director shall
implement this section retroactive to the later of the effective
date of the state Medicaid plan amendment and July 1, 2010.
Section 309.30.40. ADDITIONAL COMPENSATION FOR NURSING
FACILITY
CAPITAL COSTS
The foregoing appropriation item 600529, Capital Compensation
Program, shall be used to make payments to nursing facilities
under the section of this act entitled "FISCAL YEAR 2010 CAPITAL
COMPENSATION PAYMENTS TO QUALIFYING NURSING FACILITIES."
Section 309.30.50. FISCAL YEAR 2010 CAPITAL COMPENSATION
PAYMENTS
TO
QUALIFYING
NURSING FACILITIES
(A) As used in this section:
"Capital costs," "cost of ownership," and "renovation" have
the same meanings as in section 5111.20 of the Revised Code as
that section existed on June 30, 2005.
"Change of operator" has the same meaning as in section
5111.65 of the Revised Code.
"Inpatient days," "Medicaid days," and "nursing facility"
have
the same meanings as in section 5111.20 of the Revised Code.
"Reviewable activity" has the same meaning as in section
3702.51 of the Revised Code.
(B) The following qualify for per diem payments under this
section:
(1) A nursing facility to which both of the following apply:
(a) Both of the following occurred during fiscal year 2006,
2007, or 2008:
(i) The facility obtained certification as a nursing facility
from the Director of Health.
(ii) The facility began participating in the Medicaid
program.
(b) An application for a certificate of need for the nursing
facility was filed with the Director of Health before June 15,
2005.
(2) A nursing facility to which all of the following apply:
(a) The nursing facility does not qualify for a payment
pursuant to division (B)(1) of this section.
(b) The nursing facility, before December 31, 2008, completed
a
capital project for which a certificate of need was filed with
the
Director of Health before June 15, 2005, and for which at
least
one of the following occurred before July 1, 2005, or, if
the
capital project is undertaken to comply with rules adopted by
the
Public Health Council regarding resident room size or
occupancy,
before June 30, 2007:
(i) Any materials or equipment for the capital project were
delivered;
(ii) Preparations for the physical site of the capital
project, including, if applicable, excavation, began;
(iii) Actual work on the capital project began.
(c) The costs of the capital project were not fully reflected
in the capital costs portion of the nursing facility's Medicaid
reimbursement per diem rate on June 30, 2005.
(d) The nursing facility filed a three-month projected
capital cost report with the Director of Job and Family Services
not later than ninety days after the later of March 30, 2006, or
the date the capital project was completed.
(3) A nursing facility that, before June 30, 2008, completed
an activity to which all of the following apply:
(a) A request was filed with the Director of Health before
July 1, 2005, for a determination of whether the activity is a
reviewable activity and the Director determined that the activity
is not a reviewable activity.
(b) At least one of the following occurred before July 1,
2005, or, if the nursing facility undertakes the activity to
comply with rules adopted by the Public Health Council regarding
resident room size or occupancy, before June 30, 2007:
(i) Any materials or equipment for the activity were
delivered.
(ii) Preparations for the physical site of the activity,
including, if applicable, excavation, began.
(iii) Actual work on the activity began.
(c) The costs of the activity were not fully reflected in the
capital costs portion of the nursing facility's Medicaid
reimbursement per diem rate on June 30, 2005.
(d) The nursing facility filed a three-month projected
capital cost report with the Director of Job and Family Services
not later than ninety days after the later of March 30, 2006, or
the date the activity was completed.
(4) A nursing facility that, before December 31, 2008,
completed
a renovation to which all of the following apply:
(a) The Director of Job and Family Services approved the
renovation before July 1, 2005.
(b) At least one of the following occurred before July 1,
2005, or, if the nursing facility undertakes the renovation to
comply with
rules adopted by the Public Health Council regarding
resident room
size or occupancy, before June 30, 2007:
(i) Any materials or equipment for the renovation were
delivered.
(ii) Preparations for the physical site of the renovation,
including, if applicable, excavation, began.
(iii) Actual work on the renovation began.
(c) The costs of the renovation were not fully reflected in
the capital costs portion of the nursing facility's Medicaid
reimbursement
per diem rate on June 30, 2005.
(d) The nursing facility filed a three-month projected
capital cost
report with the Director of Job and Family Services
not later than
ninety days after the later of March 30, 2006,
or
the date the
renovation was completed.
(C) The per diem payments under this section to a nursing
facility that qualifies for the payments
pursuant to division
(B)(1) of this section shall equal the difference between the
capital
costs portion of the nursing facility's Medicaid
reimbursement per
diem rate determined under the section of this
act entitled "FISCAL YEAR 2010 MEDICAID REIMBURSEMENT SYSTEM FOR
NURSING FACILITIES" and the
lesser of the following:
(1) Eighty-eight and sixty-five hundredths per cent of the
nursing facility's cost of ownership as reported on a three-month
projected capital cost report divided by the greater of the number
of inpatient days the nursing facility is expected to have during
the period covered by the projected capital cost report or the
number of inpatient days the nursing facility would have during
that period if the nursing facility's occupancy rate was eighty
per cent.
(2) The maximum capital per diem rate in effect for fiscal
year 2005 for nursing facilities.
(D) The per diem payments paid under this section to a
nursing facility that qualifies for the payments pursuant to
division (B)(2) or (3) of this section shall equal the difference
between the capital costs portion of the nursing facility's
Medicaid reimbursement per diem rate determined under the section
of this act entitled "FISCAL YEAR 2010 MEDICAID REIMBURSEMENT
SYSTEM FOR NURSING FACILITIES" and the lesser of the following:
(1) Eighty-eight and sixty-five hundredths per cent of the
nursing facility's cost of ownership as reported on a three-month
projected capital cost report divided by the greater of the number
of inpatient days the nursing facility is expected to have during
the period covered by the projected capital cost report or the
number of inpatient days the nursing facility would have during
that period if the nursing facility's occupancy rate was
ninety-five per cent.
(2) The maximum capital per diem rate in effect for fiscal
year 2005 for nursing facilities.
(E) The per diem payments paid under this section to a
nursing facility that
qualifies for the payments pursuant to
division (B)(4) of this
section shall equal eighty-five per cent
of the nursing facility's
capital costs for the renovation as
reported on a three-month
projected capital cost report divided
by the greater of the number
of inpatient days the nursing
facility is expected to have during
the period covered by the
projected capital cost report or the
number of inpatient days the
nursing facility would have during
that period if the nursing
facility's occupancy rate was
ninety-five per cent.
(F) All of the following apply to the per diem payments made
under this section:
(1) All nursing facilities' eligibility for the
payments
shall cease at the earlier of the following:
(b) The date that the total amount of the payments equals
forty million dollars.
(2) The payments made for the last quarter that the payments
are made may be reduced proportionately as necessary to avoid
spending more than forty million dollars under this section.
(3) The per diem payments shall be made for quarterly periods
by multiplying the per diem determined for a nursing facility by
the number of Medicaid days the nursing facility has for the
quarter the payment is made.
(4) The per diem payments shall be made not
later
than
September 30, 2010.
(5) A change of operator shall not cause the payments to a
nursing facility to cease.
(6) The payments shall only be made to a nursing facility for
the quarters during fiscal year 2010 for
which the
nursing
facility has a valid Medicaid provider agreement.
(7) The payments shall be in addition to a nursing facility's
Medicaid reimbursement per diem rate calculated under
the section
of this act entitled "FISCAL YEAR 2010 MEDICAID REIMBURSEMENT
SYSTEM FOR NURSING FACILITIES."
(G) The Director of Job and Family Services shall monitor, on
a quarterly basis, the per diem payments made to nursing
facilities under this section to ensure that not more
than a
total of forty million dollars is spent under this section.
(H) The determinations that the Director of Job and Family
Services makes under this section are not subject to appeal under
Chapter 119. of the Revised Code.
(I)
The Director of Job and Family Services may adopt rules
in accordance with Chapter 119. of the Revised Code as necessary
to implement this section.
Section 309.30.60. FISCAL YEAR 2010 MEDICAID REIMBURSEMENT
SYSTEM
FOR ICFs/MR
(A) As used in this section:
"Change of operator," "entering operator," and "exiting
operator" have the same meanings as in section 5111.65 of the
Revised Code.
"Franchise permit fee" and "provider" have the same meanings
as in section 5111.20 of the Revised Code.
"ICF/MR" means an intermediate care facility for the mentally
retarded as defined in section 5111.20 of the Revised Code.
"ICF/MR services" means services covered by the Medicaid
program that an ICF/MR provides to a Medicaid recipient eligible
for the services.
"Medicaid days" means all days during which a resident who is
a Medicaid recipient occupies a bed in an ICF/MR that is included
in the ICF/MR's Medicaid-certified capacity. Therapeutic or
hospital leave days for which payment is made under section
5111.33 of the Revised Code are considered Medicaid days
proportionate to the percentage of the ICF/MR's per resident per
day rate paid for those days.
"Per diem rate" means the per diem rate calculated pursuant
to sections 5111.20 to 5111.33 of the Revised Code.
(B) This section applies to providers of ICFs/MR to which
either of the following applies:
(1) The provider has a valid Medicaid provider agreement for
the ICF/MR on June 30, 2009, and a valid Medicaid provider
agreement for the ICF/MR during fiscal year 2010.
(2) The ICF/MR undergoes a change of operator effective July
1, 2009, the exiting operator has a valid Medicaid provider
agreement for the ICF/MR on June 30, 2009, and the entering
operator has a valid Medicaid provider agreement for the ICF/MR
during fiscal year 2010.
(C) Except as otherwise provided by this section, the
provider of an ICF/MR to which this section applies shall be paid,
for ICF/MR services the ICF/MR provides during fiscal year 2010,
the rate calculated for the ICF/MR under sections 5111.20 to
5111.33 of the Revised Code with the following adjustments:
(1) If the rate determined for the ICF/MR under sections
5111.20 to 5111.33 of the Revised Code for ICF/MR services
provided in fiscal year 2010 is more than one hundred eight per
cent of the rate the provider or exiting operator is paid for
ICF/MR services the ICF/MR provides on June 30, 2009, the
Department of Job and Family Services shall reduce the ICF/MR's
fiscal year 2010 rate so that the rate is not more than one
hundred eight per cent of the ICF/MR's rate for June 30, 2009.
(2) If the mean total per diem rate for all ICFs/MR in this
state for fiscal year 2010, weighted by May 2009 Medicaid days and
calculated as of July 1, 2009, after application of division
(C)(1) of this section exceeds $277.25, the Department shall
reduce the total per diem rate for each ICF/MR to which this
section applies by a percentage that is equal to the percentage by
which the mean total per diem rate exceeds $277.25.
(D) The rate of an ICF/MR set pursuant to this section shall
not be subject to any adjustments authorized by sections 5111.20
to 5111.33 of the Revised Code, or any rule authorized by those
sections, during the remainder of fiscal year 2010.
(E) If the United States Centers for Medicare and Medicaid
Services requires that the franchise permit fee be reduced or
eliminated, the Department of Job and Family Services shall reduce
the amount it pays providers of ICF/MR services under this section
as necessary to reflect the loss to the state of the revenue and
federal financial participation generated from the franchise
permit fee.
(F) The Department of Job and Family Services shall follow
this section in determining the rate to be paid providers of
ICF/MR services subject to this section notwithstanding anything
to the contrary in sections 5111.20 to 5111.33 of the Revised
Code.
(G) Not later than September 30, 2009, the Director of Job
and Family Services shall submit
an amendment to the state
Medicaid plan to the United States
Secretary of Health and Human
Services as necessary to implement
this section. On receipt of
the United States Secretary's approval
of the amendment to the
state Medicaid plan, the Director shall
implement this section
retroactive to the later of the effective
date of the state
Medicaid plan amendment and July 1, 2009.
Section 309.30.70. FISCAL YEAR 2011 MEDICAID REIMBURSEMENT
SYSTEM
FOR ICFs/MR
(A) As used in this section:
"Change of operator," "entering operator," and "exiting
operator" have the same meanings as in section 5111.65 of the
Revised Code.
"Franchise permit fee" and "provider" have the same meanings
as in section 5111.20 of the Revised Code.
"ICF/MR" means an intermediate care facility for the mentally
retarded as defined in section 5111.20 of the Revised Code.
"ICF/MR services" means services covered by the Medicaid
program that an ICF/MR provides to a Medicaid recipient eligible
for the services.
"Medicaid days" means all days during which a resident who is
a Medicaid recipient occupies a bed in an ICF/MR that is included
in the ICF/MR's Medicaid-certified capacity. Therapeutic or
hospital leave days for which payment is made under section
5111.33 of the Revised Code are considered Medicaid days
proportionate to the percentage of the ICF/MR's per resident per
day rate paid for those days.
"Per diem rate" means the per diem rate calculated pursuant
to sections 5111.20 to 5111.33 of the Revised Code.
(B) This section applies to providers of ICFs/MR to which
either of the following applies:
(1) The provider has a valid Medicaid provider agreement for
the ICF/MR on June 30, 2010, and a valid Medicaid provider
agreement for the ICF/MR during fiscal year 2011.
(2) The ICF/MR undergoes a change of operator effective July
1, 2010, the exiting operator has a valid Medicaid provider
agreement for the ICF/MR on June 30, 2010, and the entering
operator has a valid Medicaid provider agreement for the ICF/MR
during fiscal year 2011.
(C) Except as otherwise provided by this section, the
provider of an ICF/MR to which this section applies shall be paid,
for ICF/MR services the ICF/MR provides during fiscal year 2011,
the rate calculated for the ICF/MR under sections 5111.20 to
5111.33 of the Revised Code with the following adjustments:
(1) If the rate determined for the ICF/MR under sections
5111.20 to 5111.33 of the Revised Code for ICF/MR services
provided in fiscal year 2011 is more than one hundred seven per
cent of the rate the provider or exiting operator is paid for
ICF/MR services the ICF/MR provides on June 30, 2010, the
Department of Job and Family Services shall reduce the ICF/MR's
fiscal year 2011 rate so that the rate is not more than one
hundred seven per cent of the ICF/MR's rate for June 30, 2010.
(2) If the mean total per diem rate for all ICFs/MR in this
state for fiscal year 2011, weighted by May 2010 Medicaid days and
calculated as of July 1, 2010, after application of division
(C)(1) of this section exceeds $277.25, the Department shall
reduce the total per diem rate for each ICF/MR to which this
section applies by a percentage that is equal to the percentage by
which the mean total per diem rate exceeds $277.25.
(D) The rate of an ICF/MR set pursuant to this section shall
not be subject to any adjustments authorized by sections 5111.20
to 5111.33 of the Revised Code, or any rule authorized by those
sections, during the remainder of fiscal year 2011.
(E) If the United States Centers for Medicare and Medicaid
Services requires that the franchise permit fee be reduced or
eliminated, the Department of Job and Family Services shall reduce
the amount it pays providers of ICF/MR services under this section
as necessary to reflect the loss to the state of the revenue and
federal financial participation generated from the franchise
permit fee.
(F) The Department of Job and Family Services shall follow
this section in determining the rate to be paid providers of
ICF/MR services subject to this section notwithstanding anything
to the contrary in sections 5111.20 to 5111.33 of the Revised
Code.
(G) Not later than September 30, 2010, the Director of Job
and Family Services shall submit
an amendment to the state
Medicaid plan to the United States
Secretary of Health and Human
Services as necessary to implement
this section. On receipt of
the United States Secretary's approval
of the amendment to the
state Medicaid plan, the Director shall
implement this section
retroactive to the later of the effective
date of the state
Medicaid plan amendment and July 1, 2010.
Section 309.30.80. RESIDENTIAL STATE SUPPLEMENT TRANSFER
The Department of Aging may transfer cash from the foregoing
appropriation item 490412,
Residential State Supplement, and the
PASSPORT/Residential
State Supplement Fund (Fund 4J40), to the
Home and Community-Based Services for the Aged Fund (Fund 4J50),
used by the Department of Job and Family Services to make benefit
payments to Residential
State
Supplement recipients. The transfer
shall be made using an intrastate transfer voucher.
Section 309.30.90. MONEY FOLLOWS THE PERSON
The Director of Budget and Management may seek Controlling
Board approval to do any of the following in support of any home
and community-based services Medicaid waiver component:
(A) Create new funds and appropriation items associated with
a unified long-term care budget;
(B) Transfer cash between funds used by affected agencies;
(C) Transfer appropriation between appropriation items within
a fund and used by the same state agency.
Any transfers of cash approved by the Controlling Board under
this section are hereby appropriated.
Section 309.31.10. MONEY FOLLOWS THE PERSON ENHANCED
REIMBURSEMENT
FUND
The Money Follows the Person Enhanced Reimbursement Fund is
hereby created in the state treasury. This is a continuation of
the fund created by Section 751.20 of Am. Sub. H.B. 562 of the
127th General Assembly. The federal payments made to the state
under subsection (e) of section 6071 of the "Deficit Reduction Act
of 2005," Pub. L. No. 109-171, shall be deposited into the fund.
The Department of Job and Family Services shall use money
deposited into the fund for system reform activities related to
the Money Follows the Person demonstration project.
Section 309.31.20. MEDICARE PART D
The foregoing appropriation item 600526, Medicare Part D,
may be used by the Department of Job and Family Services for the
implementation and operation of the Medicare Part D requirements
contained in the "Medicare Prescription Drug, Improvement, and
Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon
the request of the Department of Job and Family Services, the
Director of Budget and Management may transfer the state share of
appropriations between appropriation item 600525, Health
Care/Medicaid, or appropriation item 600526, Medicare Part D. If
the state share of appropriation item 600525,
Health
Care/Medicaid, is adjusted, the Director of Budget and
Management
shall adjust the federal share accordingly.
Section 309.31.30. OHIO ACCESS SUCCESS PROJECT AND
IDENTIFICATION OF OVERPAYMENTS
Notwithstanding any limitations in sections
3721.51 and
3721.56 of the Revised Code, in each fiscal year, cash
from the
Home and Community-Based
Services
for the Aged Fund (Fund 4J50),
in excess of
the amounts needed for the
transfers
to the
PASSPORT/Residential
State Supplement Fund (Fund 4340) used by
the Department of Aging,
may be used by the Department
of Job
and Family
Services
for the
following purposes: (A) up to
$3,000,000 in each fiscal year to
fund the state share of audits
or limited reviews of Medicaid
providers; and (B) up to $450,000
in each fiscal year to
provide
one-time transitional benefits
under the Ohio Access
Success
Project that the Director of Job
and Family Services may
establish under section 5111.97 of the
Revised Code.
Section 309.31.40. TRANSFER OF FUNDS TO THE DEPARTMENT OF
AGING
The Department of Job and Family Services shall transfer
$33,263,984 cash in each fiscal year from the Home and
Community-Based Services for the Aged Fund (Fund 4J50) to the
PASSPORT/Residential State Supplement Fund (Fund 4340), used by
the Department of Aging. The transfer may occur on a quarterly
basis or on a schedule developed and agreed to by both
departments. The transfer shall be made using an intrastate
transfer voucher.
Section 309.31.50. PROVIDER FRANCHISE FEE OFFSETS
(A) At least quarterly, the Director of Job and Family
Services shall certify to the Director of Budget and Management
both of the following:
(1) The amount of offsets withheld under section 3721.541 of
the Revised Code from payments made from the General Revenue Fund.
(2) The amount of offsets withheld under section 5112.341 of
the Revised Code from payments made from the General Revenue Fund.
(B) The Director of Budget and Management may transfer cash
from the General Revenue Fund to all of the following:
(1) The Home and Community Based Services for the Aged Fund
(Fund 4J50),
or
the Nursing Facility Stabilization Fund (Fund
5R20), in accordance
with
sections 3721.56 and 3721.561 of the
Revised Code;
(2) The ICF/MR Bed Assessments Fund (Fund 4K20).
(C) Amounts transferred pursuant to this section are hereby
appropriated.
Section 309.31.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES
The Department of Job and Family Services shall transfer
$12,000,000 cash in each fiscal year from the ICF/MR Bed
Assessments Fund (Fund 4K10) to the Home and Community-Based
Services Fund (Fund 4K80), used by the Department of Mental
Retardation and Developmental Disabilities. The transfer may occur
on a quarterly basis or on a schedule developed and agreed to by
both departments. The transfer shall be made using an intrastate
transfer voucher.
Section 309.31.70. FUNDING FOR TRANSITION WAIVER SERVICES
Notwithstanding any limitations contained
in
sections 5112.31
and 5112.37 of the Revised Code, in each
fiscal
year, cash from
the ICF/MR Bed
Assessments Fund (Fund 4K20) in excess
of the
amounts needed
for transfers to the Home and Community-Based
Services Fund (Fund 4K80), used by
the Department of Mental
Retardation and Developmental
Disabilities, may be used by the
Department of Job and Family
Services to
cover costs of care
provided to participants in a
waiver with an ICF/MR level of care
requirement administered by
the
Department of
Job and Family
Services.
Section 309.31.80. HOSPITAL CARE ASSURANCE MATCH
The foregoing appropriation item 600650, Hospital Care
Assurance Match,
shall be used by the Department of Job and
Family
Services solely
for distributing funds to hospitals under section
5112.08 of the
Revised
Code.
Section 309.31.90. HEALTH CARE SERVICES ADMINISTRATION FUND
Of the amount received by the Department of Job and Family
Services during fiscal year 2010 and fiscal year 2011 from the
first installment of
assessments paid under section 5112.06 of the
Revised Code and
intergovernmental transfers made under section
5112.07 of the
Revised Code, the Director of Job and Family
Services shall
deposit $350,000 in each fiscal year into the state
treasury to the credit of the
Health Care Services Administration
Fund (Fund 5U30).
Section 309.32.10. MEDICAID PROGRAM SUPPORT FUND - STATE
The foregoing appropriation item 600671, Medicaid Program
Support, shall be
used by the Department of Job and Family
Services to pay for Medicaid services
and contracts. The
Department may also deposit to Fund 5C90 revenues received from
other state agencies for Medicaid services under the terms of
interagency agreements between the Department and other state
agencies, and all funds the Department recovers because the
benefits a person received under the Disability Medical Assistance
Program established in section 5115.10 of the Revised Code were
determined to be covered by the Medicaid Program established under
Chapter 5111. of the Revised Code.
Section 309.32.20. TRANSFERS OF IMD/DSH CASH TO THE
DEPARTMENT OF MENTAL HEALTH
The Department of Job and Family Services shall transfer cash
from the Medicaid
Program Support Fund (Fund 5C90), to the
Behavioral Health Medicaid Services Fund (Fund 4X50), used by the
Department of Mental Health, in accordance with an
interagency
agreement that
delegates authority from the Department of Job and
Family Services
to the Department of Mental Health to administer
specified
Medicaid services. The transfer shall be made using an
intrastate transfer voucher.
Section 309.32.30. PRESCRIPTION DRUG REBATE FUND
The foregoing appropriation item 600692, Health Care
Services, shall be used by the Department of Job and Family
Services to pay for Medicaid services and contracts.
Section 309.40. FAMILY STABILITY
Section 309.40.10. FOOD STAMPS TRANSFER
On July 1, 2009, or as soon as possible thereafter, the
Director of Budget and Management may transfer up to $1,000,000
cash from the Food Stamp Program Fund (Fund 3840), to the Food
Assistance Fund (Fund 5ES0).
Section 309.40.20. NAME OF FOOD STAMP PROGRAM
The Director of Job and Family Services is not required to
amend rules regarding the Food Stamp Program to change the name of
the program to the Supplemental Nutrition Assistance Program. The
Director may refer to the program as the Food Stamp
Program or
the Food Assistance Program in rules and documents of the
Department of Job and Family
Services.
Section 309.40.30. OHIO ASSOCIATION OF SECOND HARVEST FOOD
BANKS
Notwithstanding any other provision, in fiscal years 2010 and
2011, the Director of Job and
Family Services shall provide
assistance from eligible funds to
the Ohio Association of Second
Harvest Food Banks in an amount
equal to the assistance provided
in state fiscal year 2009.
Section 309.40.40. ALTERNATIVE RESPONSE
The Department of Job and Family Services shall develop,
implement, oversee, and evaluate a pilot program based on an
"Alternative Response" approach to reports of child abuse,
neglect, and dependency. The pilot program shall be implemented in
not more than ten counties that are selected by the Department and
that agree to participate in the pilot program. The pilot program
shall last eighteen months, not including time expended in
preparation for the implementation of the pilot program and any
post-pilot program evaluation activity.
At any point during or at the conclusion of the eighteen
month pilot program the Department may expand the Alternative
Response approach statewide through a schedule determined by the
Department. After the eighteen-month period, the ten sites may
continue to administer the Alternative Response approach
uninterrupted, unless the Department determines otherwise.
The Department shall assure that the Alternative Response
pilot program is independently evaluated with respect to outcomes
for children and families, costs, worker satisfaction, and any
other criteria the Department determines will be useful in the
consideration of statewide implementation of an Alternative
Response approach to child protection. The measure associated with
the eighteen-month pilot program shall, for the purposes of the
evaluation, be compared with those same measures in the pilot
counties during the eighteen-month period immediately preceding
the beginning of the pilot program period. The Department shall
seek a statutory framework for the Alternative Response approach
if the independent evaluation of the pilot program recommends
statewide implementation of an Alternative Response approach to
child protection.
Section 309.40.50. CHILD SUPPORT COLLECTIONS/TANF MOE
The foregoing appropriation item 600658, Child Support
Collections, shall be
used by the Department of Job and Family
Services to meet the TANF
maintenance of effort requirements of
42
U.S.C. 609(a)(7). When the state
is assured that it will meet the
maintenance of
effort requirement, the Department of Job and
Family Services
may
use funds from appropriation item 600658,
Child Support Collections, to support
public
assistance
activities.
Section 309.40.60. EARLY LEARNING INITIATIVE
(A) As used in this section:
(1) "Title IV-A services" means benefits and services that
are allowable under Title IV-A of the "Social Security Act," as
specified in 42 U.S.C. 604(a), except that they shall not be
benefits and services included in the term "assistance" as defined
in 45 C.F.R. 260.31(a) and shall be benefits and services that are
excluded from the definition of the term "assistance" under 45
C.F.R. 260.31(b).
(2) "Eligible child" means a child who is at least three
years of age but not of compulsory school age or enrolled in
kindergarten, is eligible for Title IV-A services, and whose
family income at the time of application does not exceed two
hundred per cent of the federal poverty guidelines.
(3) "Early learning program" means a program for eligible
children that provides Title
IV-A services, according to the
purposes listed in 45 C.F.R.
260.20(c), that are early learning
services, as defined by
pursuant to division (D)(1) of this
section.
(4) "Early learning provider" means an entity that operates
an early learning program.
(5) "Early learning agency" means an early learning provider
or an entity that has entered into an agreement with an early
learning provider requiring the early learning provider to operate
an early learning program on behalf of the entity.
(6) "Federal poverty line" has the same meaning as in section
5104.01 of the Revised Code.
(7) "Of compulsory school age" has the same meaning as in
section 3321.01 of the Revised Code.
(B) The Early Learning Initiative is hereby established. The
Department of Education and the Department of Job and Family
Services shall administer the Initiative in accordance with
sections 5101.80 and 5101.801 of the Revised Code. The Initiative
shall provide early learning services to eligible children. Early
learning services may be provided on a
full-day basis, a part-day
basis, or both a full-day and part-day
basis.
(C) The Department of Job and Family Services shall do both
of the following:
(1) Reimburse early learning agencies for services
provided
to eligible children according to the terms of the
contract and
the rules adopted under division (C)(2) of this
section;
(2) In consultation with the Department of Education, adopt
rules in accordance with Chapter 119. of the Revised Code to
implement the Early Learning Initiative. The rules shall include
all of the following:
(a) Provisions regarding the establishment of co-payments for
families of eligible children whose family income is more than one
hundred per cent of the federal poverty guidelines but equal
to
or less than the maximum amount of family income authorized for
an eligible child as defined in division (A)(3) of this section;
(b) An exemption from co-payment requirements for families
whose family income is equal to or less than one hundred
per cent
of the federal poverty guideline;
(c) A definition of "enrollment" for the purpose of
compensating early learning agencies;
(d) Provisions that establish compensation rates for early
learning agencies based on the enrollment of eligible children;
(e) Provisions for the completion of criminal record checks
for employees of early learning agencies and early learning
providers whereby sections 109.572(A)(8), (A)(9), and (B)(2) of
the Revised Code are considered applicable to these employees;
(f) Provisions for the timeline of eligibility determination.
(D) The Department of Education shall do all of the
following:
(1) Define the early learning services that will be provided
to eligible children through the Early Learning Initiative;
(2) In consultation with the Department of Job and Family
Services, develop an application form and criteria for the
selection of early learning agencies. The criteria shall require
an early learning agency, or each early learning provider with
which the agency has entered into an agreement for the operation
of an early learning program on the agency's behalf, to be
licensed or certified by the Department of Education under
sections 3301.52 to 3301.59 of the Revised Code or by the
Department of Job and Family Services under Chapter 5104. of the
Revised Code;
(3) Establish early learning program guidelines for school
readiness to assess the operation of early learning programs.
(E) Any entity that seeks to be an early learning agency
shall apply to the Department of Education by a deadline
established by the Department. The Department of Education shall
select entities that meet the criteria established under division
(D)(2) of this section to be early learning agencies. Upon
selection of an entity to be an early learning agency, the
Department of Education shall designate the number of eligible
children the agency may enroll. The Department of Education shall
notify the Department of Job and Family Services of the number so
designated.
(F) The Department of Education and the Department of Job and
Family Services shall enter into a contract with each early
learning agency selected under division (E) of this section. The
requirements of section 127.16 of the Revised Code do not apply to
contracts entered into under this section. The contract shall
outline the terms and conditions applicable to the provision of
Title IV-A services for eligible children and shall include at
least the following:
(1) The respective duties of the early learning agency, the
Department of Education, and the Department of Job and Family
Services;
(2) Requirements applicable to the allowable use of and
accountability for compensation paid under the
contract;
(3) Reporting requirements, including a requirement that the
early learning provider inform the Department of Education when
the provider learns that a kindergarten eligible child will not be
enrolled in kindergarten;
(4) The compensation schedule payable under the contract;
(6) Provisions for suspending, modifying, or terminating the
contract.
(G) If an early learning agency, or an early learning
provider operating an early learning program on the agency's
behalf, substantially fails to meet the early learning program
guidelines for school readiness or exhibits substandard
performance, as determined by the Department of Education, the
agency shall develop and implement a corrective action plan. The
Department of Education shall approve the corrective action plan
prior to implementation.
(H) If an early learning agency fails to implement a
corrective action plan under division (G) of this section, the
Department of Education may direct the Department of Job and
Family Services to either withhold funding or request that the
Department of Job and Family Services suspend or terminate the
contract with the agency.
(I) Each early learning program shall do all of the
following:
(1) Meet teacher qualification requirements prescribed by
section 3301.311 of the Revised Code;
(2) Align curriculum to the early learning content standards;
(3) Meet any assessment requirements prescribed by section
3301.0715 of the Revised Code that apply to the program;
(4) Require teachers, except teachers enrolled and working to
obtain a degree pursuant to section 3301.311 of the Revised Code,
to attend a minimum of twenty hours per biennium of professional
development as prescribed by the Department of Education regarding
the implementation of early learning program guidelines for school
readiness;
(5) Document and report child progress;
(6) Meet and report compliance with the early learning
program guidelines for school success;
(7) Participate in early language and literacy classroom
observation evaluation studies.
(J) Each county Department of Job and Family Services shall
determine eligibility for Title IV-A services for children seeking
to enroll in an early learning program within fifteen days after
receipt of a completed application in accordance with rules
adopted under this section.
(K) The provision of early learning services in an early
learning program shall not prohibit or otherwise prevent an
individual from obtaining certificates for payment under division
(C) of section 5104.32 of the Revised Code.
(L) Notwithstanding section 126.07 of the Revised Code:
(1) Any fiscal year 2010 contract executed prior to July 1,
2009, between the Departments of Job and Family Services and
Education and an early learning agency that was not an early
learning agency as of June 30, 2009, shall be deemed to be
effective as of July 1, 2009, upon issuance of a state purchase
order, even if the purchase order is approved at some later date.
(2) Any fiscal year 2010 contract executed between the
Departments of Job and Family Services and Education and an early
learning agency that had a valid contract for early learning
services on June 30, 2009, shall be deemed to be effective as of
July 1, 2009, upon the issuance of a state purchase order, even if
the purchase order is approved at some later date.
(3) Any fiscal year 2011 contract executed prior to July 1,
2010, between the Departments of Job and Family Services and
Education and an early learning agency that was not an early
learning agency as of June 30, 2010, shall be deemed to be
effective as of July 1, 2010, upon issuance of a state purchase
order, even if the purchase order is approved at some later date.
(4) Any fiscal year 2011 contract executed between the
Departments of Job and Family Services and Education and an early
learning agency that had a valid contract for early learning
services on June 30, 2010, shall be deemed to be effective as of
July 1, 2010, upon the issuance of a state purchase order, even if
the purchase order is approved at some later date.
(M) The
Departments of Job and Family Services and Education
shall
contract for up to 12,000 enrollment slots for eligible
children
in each fiscal year through the Early Learning
Initiative.
(N) Eligible expenditures for the Early Learning Initiative
shall be claimed each fiscal year to help meet the state's TANF
maintenance of effort requirement. The Superintendent of Public
Instruction and the Director of Job and Family Services shall
enter into an interagency agreement to carry out the requirements
under this division, which shall include developing reporting
guidelines for these expenditures.
Section 309.50. UNEMPLOYMENT COMPENSATION
Section 309.50.10. EMPLOYER SURCHARGE
The surcharge and the interest on the surcharge amounts due
for calendar years
1988, 1989, and 1990 as required by Am. Sub.
H.B. 171 of the 117th General
Assembly, Am. Sub. H.B. 111 of the
118th General Assembly, and section
4141.251 of the Revised Code
as it existed prior to its repeal by Sub. H.B. 478 of the 122nd
General
Assembly, again shall be assessed and
collected by,
accounted for,
and made available to the Department of Job and
Family Services in
the same manner as
set forth in section
4141.251 of the Revised
Code as it existed prior to its repeal by
Sub.
H.B. 478 of the 122nd General
Assembly, notwithstanding the
repeal of the
surcharge for calendar
years after 1990, pursuant to
Sub. H.B. 478 of the
122nd General
Assembly, except that amounts
received by the Director on or after
July 1, 2001, shall be
deposited into the Unemployment Compensation Special
Administrative
Fund (Fund 4A90) established pursuant to section
4141.11 of the Revised Code.
Section 309.50.20. FEDERAL UNEMPLOYMENT PROGRAMS
All unexpended funds remaining at the end of fiscal year 2009
that were appropriated and made available to the state under
section 903(d) of the Social Security Act, as amended, in the
foregoing appropriation item 600678, Federal Unemployment
Programs Fund (Fund 3V40), are hereby appropriated to the
Department of
Job and Family Services. Upon the request of the
Director of Job
and Family Services, the Director of Budget and
Management may
increase the appropriation for fiscal year 2010 by
the amount
remaining unspent from the fiscal year 2009
appropriation and may
increase the appropriation for fiscal year
2011 by the amount
remaining unspent from the fiscal year 2010
appropriation. The
appropriation shall be used under the
direction of the Department
of Job and Family Services to pay for
administrative activities
for the Unemployment Insurance Program,
employment services, and
other allowable expenditures under
section 903(d) of the Social
Security Act, as amended.
The amounts obligated pursuant to this section shall not
exceed at any time the amount by which the aggregate of the
amounts transferred to the account of the state under section
903(d) of the Social Security Act, as amended, exceeds the
aggregate of the amounts obligated for administration and paid out
for benefits and required by law to be charged against the amounts
transferred to the account of the state.
Section 309.50.30. REMOVAL OF UNEMPLOYMENT COMPENSATION
ADVISORY COUNCIL MEMBERS
The intent of the General Assembly in the
amendments made in
this act to section 145.012 is to provide that
service as a
member of the Unemployment Compensation Advisory
Council on or
after the effective date of this section shall not
be service as
a public employee for purposes of Chapter 145. of
the Revised
Code. The amendments are not intended to prohibit the
use of such
service for calculation of benefits under Chapter 145.
of the
Revised Code for service prior to the effective date of
this
section.
Section 311.10. JCO JUDICIAL CONFERENCE OF OHIO
| GRF |
018321 |
|
Operating Expenses |
|
$ |
1,034,281 |
|
$ |
1,065,281 |
| TOTAL GRF General Revenue Fund |
|
$ |
1,034,281 |
|
$ |
1,065,281 |
General Services Fund Group
| 4030 |
018601 |
|
Ohio Jury Instructions |
|
$ |
350,000 |
|
$ |
350,000 |
| TOTAL GSF General Services Fund Group |
|
$ |
350,000 |
|
$ |
350,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,384,281 |
|
$ |
1,415,281 |
STATE COUNCIL OF UNIFORM STATE LAWS
Notwithstanding section 105.26 of the Revised Code, of the
foregoing appropriation item 018321, Operating Expenses, up to
$97,000 in fiscal year 2010 and up to $101,000 in fiscal year 2011
may be used to pay the expenses of the State Council of Uniform
State Laws, including membership dues to the National Conference
of Commissioners on Uniform State Laws, and other expenses under
sections 105.25 and 105.26 of the Revised Code.
OHIO JURY INSTRUCTIONS FUND
The Ohio Jury Instructions Fund (Fund 4030) shall consist of
grants, royalties, dues, conference fees, bequests, devises, and
other gifts received for the purpose of supporting costs incurred
by the Judicial Conference of Ohio in dispensing educational and
informational data to the state's judicial system. Fund
4030 shall
be used by the Judicial Conference of Ohio to pay
expenses
incurred in dispensing educational and informational
data to the
state's judicial system. All moneys accruing
to Fund 4030 in
excess
of $350,000 in fiscal year 2010 and in
excess of $350,000
in
fiscal year 2011 are hereby appropriated
for the purposes
authorized.
No money in Fund 4030 shall be
transferred to any other fund
by the Director of Budget and
Management or the Controlling Board.
Section 313.10. JSC THE JUDICIARY/SUPREME COURT
| GRF |
005321 |
|
Operating Expenses - Judiciary/Supreme Court |
|
$ |
133,144,970 |
|
$ |
133,144,970 |
| GRF |
005401 |
|
State Criminal Sentencing Council |
|
$ |
336,770 |
|
$ |
336,770 |
| GRF |
005406 |
|
Law-Related Education |
|
$ |
236,172 |
|
$ |
236,172 |
| GRF |
005409 |
|
Ohio Courts Technology Initiative |
|
$ |
4,850,000 |
|
$ |
4,850,000 |
| GRF |
005502 |
|
Legal Education Opportunity |
|
$ |
350,000 |
|
$ |
350,000 |
| TOTAL GRF General Revenue Fund |
|
$ |
138,917,912 |
|
$ |
138,917,912 |
General Services Fund Group
| 6720 |
005601 |
|
Continuing Judicial Education |
|
$ |
300,000 |
|
$ |
300,000 |
| TOTAL GSF General Services Fund Group |
|
$ |
300,000 |
|
$ |
300,000 |
Federal Special Revenue Fund Group
| 3J00 |
005603 |
|
Federal Grants |
|
$ |
2,137,866 |
|
$ |
1,917,081 |
| TOTAL FED Federal Special Revenue Fund Group |
|
$ |
2,137,866 |
|
$ |
1,917,081 |
State Special Revenue Fund Group
| 4C80 |
005605 |
|
Attorney Services |
|
$ |
3,704,659 |
|
$ |
3,704,659 |
| 5T80 |
005609 |
|
Grants and Awards |
|
$ |
50,000 |
|
$ |
50,000 |
| 6A80 |
005606 |
|
Supreme Court Admissions |
|
$ |
1,284,142 |
|
$ |
1,284,142 |
| TOTAL SSR State Special Revenue Fund Group |
|
$ |
5,038,801 |
|
$ |
5,038,801 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
146,394,579 |
|
$ |
146,173,794 |
The foregoing appropriation item 005406, Law-Related
Education, shall be distributed directly to the Ohio Center for
Law-Related Education for the purposes of providing continuing
citizenship education activities to primary and secondary
students, expanding delinquency prevention programs, increasing
activities for at-risk youth, and accessing additional public and
private money for new programs.
OHIO COURTS TECHNOLOGY INITIATIVE
The foregoing appropriation item 005409, Ohio Courts
Technology Initiative, shall be used to fund an initiative by the
Supreme Court to facilitate the exchange of information and
warehousing of data by and between Ohio courts and other justice
system partners through the creation of an Ohio Courts Network,
the delivery of technology services to courts throughout the
state, including the provision of hardware, software, and the
development and implementation of educational and training
programs for judges and court personnel, and
operation of the
Commission on Technology and the Courts by the
Supreme Court for
the promulgation of statewide rules, policies,
and uniform
standards, and to aid in the orderly adoption and
comprehensive
use of technology in Ohio courts.
LEGAL EDUCATION OPPORTUNITY
The foregoing appropriation item 005502 shall be used to fund
activities undertaken at the
direction of the Chief Justice of
the Supreme Court for purposes
of introducing minority,
low-income, and educationally
disadvantaged Ohio students to the
legal system and providing
educational opportunities to those
same students who are preparing
for college and interested in the
pursuit of a legal career. The
foregoing appropriation item
005502
may be used by the Supreme Court, in cooperation with other
entities, to establish and provide programs, courses, and
activities consistent with the purposes set forth in this
paragraph and to pay the associated administrative costs.
CONTINUING JUDICIAL EDUCATION
The Continuing Judicial Education Fund (Fund 6720) shall
consist
of fees
paid by judges and court personnel for attending
continuing education courses
and
other gifts and grants received
for the purpose of continuing judicial
education. The foregoing
appropriation item 005601, Continuing
Judicial Education, shall
be
used to pay expenses for continuing
education courses for
judges
and court personnel. If it is determined by the
Administrative
Director of the Supreme Court that additional
appropriations are
necessary, the amounts are hereby appropriated.
No money in Fund 6720 shall be
transferred to any other fund
by the Director of Budget and
Management or the Controlling Board.
Interest earned on moneys
in
Fund 6720 shall be credited to
the
fund.
The Federal Grants Fund (Fund 3J00) shall consist of grants
and other moneys
awarded to the Supreme Court (The
Judiciary) by
the United States
Government or other entities that receive the
moneys directly from
the United States Government and
distribute
those moneys to the Supreme Court (The
Judiciary). The foregoing
appropriation item 005603, Federal
Grants,
shall be used in a
manner consistent with the purpose of
the grant or award. If it is
determined by the Administrative
Director of the Supreme Court
that additional appropriations are
necessary, the amounts are
hereby appropriated.
No money in Fund 3J00 shall be
transferred to
any other
fund
by the Director of Budget and
Management or the
Controlling
Board.
However, interest earned on
moneys in Fund 3J00 shall be
credited or
transferred to the
General Revenue
Fund.
The Attorney Services Fund (Fund 4C80), formerly known as the
Attorney Registration Fund, shall consist of moneys received by
the Supreme Court (The Judiciary) pursuant to the Rules for the
Government of the Bar of Ohio. In addition to funding other
activities considered appropriate by the Supreme Court, the
foregoing appropriation item 005605, Attorney Services, may be
used to compensate employees and to fund appropriate activities of
the following offices established by the Supreme Court: the Office
of Disciplinary Counsel, the Board of Commissioners on Grievances
and Discipline, the Clients' Security Fund, and the Attorney
Services Division. If it is determined by the Administrative
Director of the Supreme Court that additional appropriations are
necessary, the amounts are hereby appropriated.
No moneys in Fund 4C80 shall be transferred
to any other
fund by the Director of Budget and Management or the
Controlling
Board. Interest earned on moneys in Fund 4C80 shall be credited to
the fund.
The Grants and Awards Fund (Fund 5T80) shall consist of
grants
and other moneys awarded to the Supreme Court (The
Judiciary) by
the State Justice Institute, the Division of
Criminal Justice
Services, or other entities. The foregoing
appropriation item
005609, Grants and Awards, shall be used in a
manner consistent
with the purpose of the grant or award. If it
is determined by the
Administrative Director of the Supreme Court
that additional
appropriations are necessary, the amounts are
hereby appropriated.
No moneys in Fund 5T80 shall be transferred
to any other
fund by the Director of Budget and Management or the
Controlling
Board. However, interest earned on moneys in Fund 5T80 shall be
credited or transferred to the
General Revenue Fund.
The foregoing appropriation item 005606, Supreme Court
Admissions, shall be
used to compensate Supreme Court employees
who are primarily responsible for
administering the attorney
admissions program under the Rules for the
Government of
the Bar
of Ohio, and to fund any other activities considered
appropriate
by the court. Moneys shall be deposited into the
Supreme Court
Admissions Fund (Fund 6A80) under the Supreme
Court Rules for the
Government of the Bar of Ohio. If it is
determined by the
Administrative Director of the Supreme Court
that additional
appropriations are necessary, the amounts are hereby appropriated.
No moneys in Fund 6A80 shall be
transferred to any
other fund
by the Director of Budget and
Management or the Controlling Board.
Interest earned on moneys in Fund 6A80 shall be
credited to the
fund.
Section 313.20. SUPREME COURT FILING FEE
The General Assembly hereby respectfully
requests the
Supreme Court to modify Rule XV of the Rules of
Practice of the
Supreme Court of Ohio pursuant to its authority
under the Ohio
Constitution to make that Rule consistent with the
amendments
made by this act to section 2503.17 of the Revised
Code.
Section 315.10. LEC LAKE ERIE COMMISSION
State Special Revenue Fund Group
| 4C00 |
780601 |
|
Lake Erie Protection Fund |
|
$ |
450,000 |
|
$ |
450,000 |
| 5D80 |
780602 |
|
Lake Erie Resources Fund |
|
$ |
380,000 |
|
$ |
383,000 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
830,000 |
|
$ |
833,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
830,000 |
|
$ |
833,000 |
Section 317.10. LRS LEGAL RIGHTS SERVICE
| GRF |
054321 |
|
Support Services |
|
$ |
142,614 |
|
$ |
142,614 |
| GRF |
054401 |
|
Ombudsman |
|
$ |
209,698 |
|
$ |
209,698 |
| TOTAL GRF General Revenue Fund |
|
$ |
352,312 |
|
$ |
352,312 |
General Services Fund Group
| 5M00 |
054610 |
|
Settlements |
|
$ |
81,352 |
|
$ |
81,352 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
81,352 |
|
$ |
81,352 |
Federal Special Revenue Fund Group
| 3050 |
054602 |
|
Protection and Advocacy - Developmentally Disabled |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
| 3AG0 |
054613 |
|
Protection and Advocacy - Voter Accessibility |
|
$ |
135,000 |
|
$ |
135,000 |
| 3B80 |
054603 |
|
Protection and Advocacy - Mentally Ill |
|
$ |
1,100,000 |
|
$ |
1,100,000 |
| 3CA0 |
054615 |
|
Work Incentives Planning and Assistance |
|
$ |
355,000 |
|
$ |
355,000 |
| 3N30 |
054606 |
|
Protection and Advocacy - Individual Rights |
|
$ |
570,000 |
|
$ |
570,000 |
| 3N90 |
054607 |
|
Assistive Technology |
|
$ |
160,000 |
|
$ |
160,000 |
| 3R90 |
054604 |
|
Family Support Collaborative |
|
$ |
12,500 |
|
$ |
0 |
| 3R90 |
054616 |
|
Developmental Disability Publications |
|
$ |
130,000 |
|
$ |
130,000 |
| 3T20 |
054609 |
|
Client Assistance Program |
|
$ |
435,000 |
|
$ |
435,000 |
| 3X10 |
054611 |
|
Protection and Advocacy - Beneficiaries of Social Security |
|
$ |
235,000 |
|
$ |
235,000 |
| 3Z60 |
054612 |
|
Protection and Advocacy - Traumatic Brain Injury |
|
$ |
70,000 |
|
$ |
70,000 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
4,702,500 |
|
$ |
4,690,000 |
State Special Revenue Fund Group
| 5AE0 |
054614 |
|
Grants and Contracts |
|
$ |
100,000 |
|
$ |
100,000 |
| TOTAL SSR State Special Revenue Fund Group |
|
$ |
100,000 |
|
$ |
100,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
5,236,164 |
|
$ |
5,223,664 |
Section 317.20. LEGAL RIGHTS SERVICE NONPROFIT TRANSITION
STUDY
(A) The Legal Rights Service Commission shall conduct a study
concerning a potential transition from a
public entity to a
nonprofit organization effective July 1, 2011. The
study shall
include an analysis of all of the following:
(1) The feasibility of a transition to a nonprofit
organization;
(2) The potential effects on service delivery, including
client service and access to required resources, and any other
service delivery advantages or disadvantages that might result
from the transition to a nonprofit organization;
(3) Potential organizational effects, including cost savings
and non-state funding sources, and any other organizational
advantages or disadvantages that might result from the transition
to a nonprofit organization;
(4) The approximate amount of time necessary to achieve a
transition to nonprofit status.
(B) The Legal Rights Service Commission shall develop a
process plan by which a transition to a nonprofit organization
could be implemented not later than July 1, 2011.
(C) Not later than six months after the effective date of
this section, a written report of the results of the study and a
copy of the
process plan shall be submitted to the Governor, the
Speaker and
the Minority Leader of the House of Representatives,
and the
President and the Minority Leader of the Senate.
Section 319.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE
| GRF |
028321 |
|
Legislative Ethics Committee |
|
$ |
550,000 |
|
$ |
550,000 |
| TOTAL GRF General Revenue Fund |
|
$ |
550,000 |
|
$ |
550,000 |
General Services Fund Group
| 4G70 |
028601 |
|
Joint Legislative Ethics Committee |
|
$ |
100,000 |
|
$ |
100,000 |
| TOTAL GSF General Services Fund Group |
|
$ |
100,000 |
|
$ |
100,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
650,000 |
|
$ |
650,000 |
Section 321.10. LSC LEGISLATIVE SERVICE COMMISSION
| GRF |
035321 |
|
Operating Expenses |
|
$ |
15,117,700 |
|
$ |
15,117,700 |
| GRF |
035402 |
|
Legislative Interns |
|
$ |
1,022,120 |
|
$ |
1,022,120 |
| GRF |
035405 |
|
Correctional Institution Inspection Committee |
|
$ |
438,900 |
|
$ |
438,900 |
| GRF |
035407 |
|
Legislative Task Force on Redistricting |
|
$ |
750,000 |
|
$ |
750,000 |
| GRF |
035409 |
|
National Associations |
|
$ |
460,560 |
|
$ |
460,560 |
| GRF |
035410 |
|
Legislative Information Systems |
|
$ |
3,661,250 |
|
$ |
3,661,250 |
| TOTAL GRF General Revenue Fund |
|
$ |
21,450,530 |
|
$ |
21,450,530 |
General Services Fund Group
| 4100 |
035601 |
|
Sale of Publications |
|
$ |
25,250 |
|
$ |
25,250 |
| 4F60 |
035603 |
|
Legislative Budget Services |
|
$ |
154,025 |
|
$ |
154,025 |
| 5EF0 |
035607 |
|
House and Senate Telephone Usage |
|
$ |
30,000 |
|
$ |
30,000 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
209,275 |
|
$ |
209,275 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
21,659,805 |
|
$ |
21,659,805 |
Section 323.10. LIB STATE LIBRARY BOARD
| GRF |
350321 |
|
Operating Expenses |
|
$ |
5,477,369 |
|
$ |
5,477,369 |
| GRF |
350401 |
|
Ohioana Library Support |
|
$ |
288,560 |
|
$ |
288,560 |
| GRF |
350502 |
|
Regional Library Systems |
|
$ |
832,099 |
|
$ |
832,099 |
| TOTAL GRF General Revenue Fund |
|
$ |
6,598,028 |
|
$ |
6,598,028 |
General Services Fund Group
| 1390 |
350602 |
|
Intra-Agency Service Charges |
|
$ |
9,000 |
|
$ |
9,000 |
| 4590 |
350603 |
|
Library Service Charges |
|
$ |
2,895,592 |
|
$ |
3,039,342 |
| 4S40 |
350604 |
|
Ohio Public Library Information Network |
|
$ |
5,702,150 |
|
$ |
5,702,150 |
| 5GB0 |
350605 |
|
Library for the Blind |
|
$ |
1,274,194 |
|
$ |
1,274,194 |
| 5GG0 |
350606 |
|
Gates Foundation Grants |
|
$ |
500,000 |
|
$ |
0 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
10,380,936 |
|
$ |
10,024,686 |
Federal Special Revenue Fund Group
| 3130 |
350601 |
|
LSTA Federal |
|
$ |
5,543,747 |
|
$ |
5,543,747 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
5,543,747 |
|
$ |
5,543,747 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
22,522,711 |
|
$ |
22,166,461 |
The foregoing appropriation item 350401, Ohioana Library
Support, shall be used to provide support for rental expenses and
operations of the
Martha
Kinney Cooper Ohioana
Library Association
under section
3375.61 of the Revised Code.
The foregoing appropriation item 350502, Regional Library
Systems,
shall be used to support regional library systems
eligible for funding under sections 3375.83 and 3375.90 of the
Revised Code.
OHIO PUBLIC LIBRARY INFORMATION NETWORK
(A) The foregoing appropriation item 350604, Ohio Public
Library Information Network, shall be
used for an information
telecommunications
network
linking public
libraries in the state
and such
others as
may participate
in the Ohio
Public Library
Information
Network
(OPLIN).
The Ohio Public
Library
Information Network Board of Trustees
created under section 3375.65 of the Revised
Code may make
decisions regarding use
of the foregoing
appropriation
item
350604,
Ohio Public Library Information Network.
(B) Of the foregoing appropriation item 350604, Ohio Public
Library Information Network, up to $81,000 in each fiscal year
shall be used to
help local libraries use filters
to screen out
obscene and illegal internet materials.
The OPLIN Board shall research and assist or advise local
libraries
with regard to emerging technologies and methods that
may be
effective means to control
access to
obscene and illegal
materials. The
OPLIN Executive Director shall provide biannual
written
reports to the
Governor, the Speaker and Minority Leader
of the House of
Representatives, and the President and Minority
Leader of the
Senate on any
steps being taken by
OPLIN and public
libraries in
the state to limit and control such
improper
usage
as
well as
information on technological, legal, and law
enforcement
trends
nationally and internationally affecting this
area of
public
access and
service.
(C) The Ohio Public Library Information Network, INFOhio, and
OhioLINK shall, to
the extent feasible, coordinate and cooperate
in their purchase or other
acquisition of the use of electronic
databases for their respective users and
shall contribute funds in
an equitable manner to such effort.
The foregoing appropriation item 350605, Library for the
Blind, shall be used for the statewide Talking Book Program to
assist the blind and disabled.
TRANSFER TO OPLIN TECHNOLOGY FUND
Notwithstanding sections 5747.03 and 5747.47 of the Revised
Code and any other provision of law to the contrary, in accordance
with a schedule established by the Director of Budget and
Management, the Director of Budget and Management shall transfer
$3,702,150 cash in each fiscal year from the Public Library Fund
(Fund
7065) to the OPLIN Technology Fund (Fund 4S40).
TRANSFER TO LIBRARY FOR THE BLIND FUND
Notwithstanding sections 5747.03 and 5747.47 of the Revised
Code and any other provision of law to the contrary, in accordance
with a schedule established by the Director of Budget and
Management, the Director of Budget and Management shall transfer
$1,274,194 cash in each fiscal year from the Public Library Fund
(Fund
7065) to the Library for the Blind Fund (Fund 5GB0).
Section 325.10. LCO LIQUOR CONTROL COMMISSION
Liquor Control Fund Group
| 7043 |
970321 |
|
Operating Expenses |
|
$ |
772,524 |
|
$ |
797,524 |
| TOTAL LCF Liquor Control Fund Group |
|
$ |
772,524 |
|
$ |
797,524 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
772,524 |
|
$ |
797,524 |
Section 327.10. LOT STATE LOTTERY COMMISSION
| 2310 |
950604 |
|
Charitable Gaming Oversight |
|
$ |
2,378,000 |
|
$ |
2,378,000 |
| 7044 |
950100 |
|
Personal Services |
|
$ |
31,487,285 |
|
$ |
31,237,206 |
| 7044 |
950200 |
|
Maintenance |
|
$ |
14,578,155 |
|
$ |
14,652,155 |
| 7044 |
950300 |
|
Equipment |
|
$ |
4,058,420 |
|
$ |
3,603,920 |
| 7044 |
950402 |
|
Advertising Contracts |
|
$ |
23,548,000 |
|
$ |
23,548,000 |
| 7044 |
950403 |
|
Gaming Contracts |
|
$ |
47,978,749 |
|
$ |
48,756,010 |
| 7044 |
950500 |
|
Problem Gambling Subsidy |
|
$ |
350,000 |
|
$ |
350,000 |
| 7044 |
950601 |
|
Direct Prize Payments |
|
$ |
124,426,168 |
|
$ |
124,884,039 |
| 8710 |
950602 |
|
Annuity Prizes |
|
$ |
89,935,565 |
|
$ |
89,415,976 |
| TOTAL SLF State Lottery Fund |
|
|
|
|
|
|
| Group |
|
$ |
338,740,342 |
|
$ |
338,825,306 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
338,740,342 |
|
$ |
338,825,306 |
Notwithstanding sections 127.14 and 131.35 of the Revised
Code, the Controlling Board may, at the
request of the State
Lottery Commission, authorize expenditures from the State
Lottery
Fund in excess of the amounts appropriated, up to a maximum of 15
per
cent of anticipated total
revenue accruing from the sale of
lottery tickets. Upon the approval of the Controlling Board, the
additional amounts are hereby appropriated.
Any amounts, in addition to the amounts
appropriated in
appropriation item 950601, Direct Prize Payments,
that
the
Director of the State Lottery
Commission determines to
be
necessary
to fund prizes, bonuses, and
commissions are
hereby
appropriated.
Upon request of the State Lottery Commission, the Director of
Budget and Management
may transfer cash from the State
Lottery
Fund (Fund 7044) to the
Deferred Prizes Trust Fund
(Fund 8710) in
an amount sufficient to
fund deferred prizes. The
Treasurer of
State, from time to time,
shall credit the Deferred
Prizes Trust
Fund
(Fund 8710) the pro
rata share of interest
earned
by the
Treasurer
of State on
invested balances.
Any amounts, in addition to the amounts
appropriated in
appropriation item 950602, Annuity Prizes,
that
the Director of
the State Lottery Commission determines to be
necessary
to
fund
deferred prizes and interest earnings are hereby
appropriated.
TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND
The Director of Budget and Management shall transfer an
amount greater
than or equal to $705,000,000 in fiscal year 2010
and $711,000,000
in fiscal year 2011 from the State Lottery Fund
to the Lottery Profits Education Fund (Fund 7017).
Transfers from
the State Lottery Fund to the Lottery Profits Education
Fund shall
represent the estimated net income from operations for
the
Commission in fiscal year 2010 and fiscal
year 2011. Transfers
by
the Director of Budget and Management to the Lottery Profits
Education Fund shall be
administered as the statutes direct.
Section 329.10. MHC MANUFACTURED HOMES COMMISSION
General Services Fund Group
| 4K90 |
996609 |
|
Operating Expenses |
|
$ |
434,671 |
|
$ |
434,671 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
434,671 |
|
$ |
434,671 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
434,671 |
|
$ |
434,671 |
Section 331.10. MED STATE MEDICAL BOARD
General Services Fund Group
| 5C60 |
883609 |
|
Operating Expenses |
|
$ |
8,341,545 |
|
$ |
8,341,545 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
8,341,545 |
|
$ |
8,341,545 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
8,341,545 |
|
$ |
8,341,545 |
Section 333.10. AMB MEDICAL TRANSPORTATION BOARD
General Services Fund Group
| 4K90 |
915604 |
|
Operating Expenses |
|
$ |
473,450 |
|
$ |
473,450 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
473,450 |
|
$ |
473,450 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
473,450 |
|
$ |
473,450 |
Section 335.10. DMH DEPARTMENT OF MENTAL HEALTH
| GRF |
332401 |
|
Forensic Services |
|
$ |
3,904,972 |
|
$ |
3,904,972 |
| GRF |
333321 |
|
Central Administration |
|
$ |
17,204,000 |
|
$ |
17,204,000 |
| GRF |
333402 |
|
Resident Trainees |
|
$ |
637,460 |
|
$ |
637,460 |
| GRF |
333403 |
|
Pre-Admission Screening Expenses |
|
$ |
650,135 |
|
$ |
650,135 |
| GRF |
333415 |
|
Lease-Rental Payments |
|
$ |
21,626,800 |
|
$ |
22,360,300 |
| GRF |
333416 |
|
Research Program Evaluation |
|
$ |
701,086 |
|
$ |
701,086 |
| GRF |
334408 |
|
Community and Hospital Mental Health Services |
|
$ |
383,724,688 |
|
$ |
383,724,688 |
| GRF |
334506 |
|
Court Costs |
|
$ |
781,322 |
|
$ |
781,322 |
| GRF |
335404 |
|
Behavioral Health Services-Children |
|
$ |
7,460,800 |
|
$ |
7,460,800 |
| GRF |
335405 |
|
Family & Children First |
|
$ |
1,808,000 |
|
$ |
1,808,000 |
| GRF |
335419 |
|
Community Medication Subsidy |
|
$ |
9,959,798 |
|
$ |
9,959,798 |
| GRF |
335505 |
|
Local Mental Health Systems of Care |
|
$ |
25,974,000 |
|
$ |
12,259,000 |
| GRF |
335636 |
|
Local MH Subsidy - Federal Stimulus |
|
$ |
60,866,571 |
|
$ |
79,745,269 |
| TOTAL GRF General Revenue Fund |
|
$ |
535,299,632 |
|
$ |
541,196,830 |
General Services Fund Group
| 1490 |
333609 |
|
Central Office Operating |
|
$ |
1,350,000 |
|
$ |
1,350,000 |
| 1490 |
334609 |
|
Hospital - Operating Expenses |
|
$ |
28,700,000 |
|
$ |
29,200,000 |
| 1500 |
334620 |
|
Special Education |
|
$ |
150,000 |
|
$ |
150,000 |
| 4P90 |
335604 |
|
Community Mental Health Projects |
|
$ |
250,000 |
|
$ |
250,000 |
| 1510 |
336601 |
|
Office of Support Services |
|
$ |
159,279,140 |
|
$ |
170,258,490 |
| TOTAL GSF General Services Fund Group |
|
$ |
189,729,140 |
|
$ |
201,208,490 |
Federal Special Revenue Fund Group
| 3240 |
333605 |
|
Medicaid/Medicare |
|
$ |
154,500 |
|
$ |
154,500 |
| 3A60 |
333608 |
|
Community & Hospital Services |
|
$ |
140,000 |
|
$ |
140,000 |
| 3A70 |
333612 |
|
Social Services Block Grant |
|
$ |
25,000 |
|
$ |
25,000 |
| 3A80 |
333613 |
|
Federal Grant - Administration |
|
$ |
4,888,105 |
|
$ |
4,888,105 |
| 3A90 |
333614 |
|
Mental Health Block Grant - Administration |
|
$ |
748,470 |
|
$ |
748,470 |
| 3B10 |
333635 |
|
Community Medicaid Expansion |
|
$ |
13,691,682 |
|
$ |
13,691,682 |
| 3240 |
334605 |
|
Medicaid/Medicare |
|
$ |
25,200,000 |
|
$ |
30,200,000 |
| 3A60 |
334608 |
|
Federal Miscellaneous |
|
$ |
586,224 |
|
$ |
586,224 |
| 3A80 |
334613 |
|
Federal Letter of Credit |
|
$ |
200,000 |
|
$ |
200,000 |
| 3B00 |
334617 |
|
Elementary/Secondary Education Act |
|
$ |
182,334 |
|
$ |
182,334 |
| 3A60 |
335608 |
|
Federal Miscellaneous |
|
$ |
2,178,699 |
|
$ |
2,178,699 |
| 3A70 |
335612 |
|
Social Services Block Grant |
|
$ |
8,632,288 |
|
$ |
8,632,288 |
| 3A80 |
335613 |
|
Federal Grant - Community Mental Health Board Subsidy |
|
$ |
2,595,040 |
|
$ |
2,595,040 |
| 3A90 |
335614 |
|
Mental Health Block Grant |
|
$ |
14,220,930 |
|
$ |
14,220,930 |
| 3B10 |
335635 |
|
Community Medicaid Expansion |
|
$ |
360,965,415 |
|
$ |
343,350,567 |
| TOTAL FED Federal Special Revenue Fund Group |
|
$ |
434,408,687 |
|
$ |
421,793,839 |
State Special Revenue Fund Group
| 2320 |
333621 |
|
Family and Children First Administration |
|
$ |
725,000 |
|
$ |
725,000 |
| 4850 |
333632 |
|
Mental Health Operating |
|
$ |
134,233 |
|
$ |
134,233 |
| 4X50 |
333607 |
|
Behavioral Health Medicaid Services |
|
$ |
3,000,624 |
|
$ |
3,000,624 |
| 5V20 |
333611 |
|
Non-Federal Miscellaneous |
|
$ |
560,000 |
|
$ |
560,000 |
| 4850 |
334632 |
|
Mental Health Operating |
|
$ |
2,400,000 |
|
$ |
2,400,000 |
| 6920 |
334636 |
|
Community Mental Health Board Risk Fund |
|
$ |
80,000 |
|
$ |
80,000 |
| 5AU0 |
335615 |
|
Behavioral Healthcare |
|
$ |
6,690,000 |
|
$ |
6,690,000 |
| 5CH0 |
335622 |
|
Residential Support Service |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
| 6320 |
335616 |
|
Community Capital Replacement |
|
$ |
700,000 |
|
$ |
700,000 |
| TOTAL SSR State Special Revenue Fund Group |
|
$ |
15,789,857 |
|
$ |
15,789,857 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,175,227,316 |
|
$ |
1,179,989,016 |
Section 335.10.10. FORENSIC SERVICES
The foregoing appropriation item 332401, Forensic Services,
shall be used to
provide psychiatric
services to courts of common
pleas. The appropriation
shall be allocated through community
mental health boards to
certified community agencies and shall be
distributed according
to the criteria delineated in rule
5122:32-01 of the
Administrative Code. These community forensic
funds may also be
used to provide forensic training to community
mental health
boards and to forensic psychiatry residency programs
in hospitals operated by
the Department of Mental Health and to
provide evaluations of patients of
forensic status
in facilities
operated by the Department of Mental Health prior
to conditional
release to the community.
In addition, appropriation item 332401, Forensic Services,
may be used to
support projects involving mental health or
substance
abuse,
to assist courts
and law enforcement to identify
and develop
appropriate
alternative services to incarceration for
nonviolent
mentally ill offenders, and to provide specialized
re-entry
services to offenders leaving prisons and jails. Funds
may also be
used to
provide forensic
monitoring and tracking in
addition
to community
programs
serving
persons of forensic status
on
conditional release
or
probation.
Section 335.20.10. RESIDENCY TRAINEESHIP PROGRAMS
The foregoing appropriation item 333402, Resident Trainees,
shall be used to fund training agreements entered into by the
Director of
Mental Health for the development of curricula and
the
provision of training
programs to support public mental health
services.
Section 335.20.20. PRE-ADMISSION SCREENING EXPENSES
The foregoing appropriation item 333403, Pre-Admission
Screening
Expenses, shall be used to ensure that
uniform statewide
methods for pre-admission screening
are in place for persons who
have severe mental illness
and are referred for long-term
Medicaid certified nursing facility
placement. Pre-admission
screening
includes the following
activities: pre-admission
assessment,
consideration of continued
stay
requests, discharge
planning and
referral, and adjudication
of appeals and
grievance
procedures.
Section 335.20.30. LEASE-RENTAL PAYMENTS
The foregoing appropriation item 333415, Lease-Rental
Payments, shall
be used to meet
all payments during the
period
from July 1, 2009, to June
30, 2011, by the Department of
Mental
Health
under leases
and agreements made under section 154.20 of
the Revised
Code. These appropriations are the source of funds
pledged for bond service charges on obligations issued pursuant to
Chapter 154. of the Revised Code.
Section 335.20.40. BEHAVIORAL HEALTH MEDICAID SERVICES
The Department of Mental Health shall administer specified
Medicaid services
as delegated by the Department of Job and Family
Services
in an interagency agreement.
The foregoing appropriation
item
333607, Behavioral Health Medicaid
Services, may be used to
make
payments for free-standing
psychiatric hospital inpatient
services
as defined in an
interagency agreement with the
Department of
Job and Family Services.
Section 335.30.10. COMMUNITY MENTAL HEALTH BOARD RISK FUND
The foregoing appropriation item 334636, Community Mental
Health Board Risk
Fund, shall
be used to make payments under
section 5119.62 of the
Revised Code.
Section 335.40.10. BEHAVIORAL HEALTH SERVICES - CHILDREN
The foregoing appropriation item 335404, Behavioral Health
Services-Children, shall be used to provide behavioral health
services for children and their families. Behavioral health
services include mental health and alcohol and other drug
treatment services and other necessary supports.
The foregoing appropriation item 335404, Behavioral
Health
Services-Children, shall be
distributed to boards of alcohol,
drug addiction, and mental health services, including community
mental
health boards and alcohol and drug addiction boards, based
upon a distribution formula approved by the
Director of Mental
Health. These moneys shall be used in accordance with the
board's
applicable plan or plans developed under sections
340.03 and
340.033 of the Revised Code and in collaboration with the local
family and children first council. Collaboration with the local
council shall be conducted through a process defined by a system
of
care guidance as approved by the Ohio Family and
Children
First Cabinet Council.
Section 335.40.20. COMMUNITY MEDICATION SUBSIDY
The foregoing appropriation item 335419, Community
Medication
Subsidy, shall be used to provide subsidized support
for
psychotropic medication needs of indigent citizens in the
community to reduce unnecessary hospitalization because of lack
of
medication and to provide subsidized support for methadone
costs.
Section 335.40.30. LOCAL MENTAL HEALTH SYSTEMS OF CARE
The foregoing appropriation item 335505, Local Mental Health
Systems of Care, shall be used for mental health services provided
by community mental health boards in accordance with a community
mental health plan submitted under section 340.03 of the Revised
Code and as approved by the Department of Mental Health.
Section 337.10. DMR DEPARTMENT OF MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES
| GRF |
320321 |
|
Central Administration |
|
$ |
5,485,500 |
|
$ |
5,485,500 |
| GRF |
320412 |
|
Protective Services |
|
$ |
2,558,619 |
|
$ |
2,558,619 |
| GRF |
320415 |
|
Lease-Rental Payments |
|
$ |
21,626,800 |
|
$ |
22,360,300 |
| GRF |
322413 |
|
Residential and Support Services |
|
$ |
5,854,555 |
|
$ |
5,854,555 |
| GRF |
322416 |
|
Medicaid Waiver - State Match |
|
$ |
76,940,156 |
|
$ |
96,995,649 |
| GRF |
322451 |
|
Family Support Services |
|
$ |
6,591,953 |
|
$ |
6,591,953 |
| GRF |
322501 |
|
County Boards Subsidies |
|
$ |
79,387,497 |
|
$ |
49,338,483 |
| GRF |
322503 |
|
Tax Equity |
|
$ |
14,000,000 |
|
$ |
14,000,000 |
| GRF |
322504 |
|
Martin Settlement |
|
$ |
36,841,819 |
|
$ |
36,841,819 |
| GRF |
322646 |
|
MR/DD Subsidy - Federal Stimulus |
|
$ |
0 |
|
$ |
23,185,824 |
| GRF |
322647 |
|
ICF/MR Franchise Fee - Developmental Centers |
|
$ |
5,600,000 |
|
$ |
7,500,000 |
| GRF |
323321 |
|
Developmental Center and Residential Facilities Operation Expenses |
|
$ |
72,874,333 |
|
$ |
80,147,778 |
| TOTAL GRF General Revenue Fund |
|
$ |
327,761,232 |
|
$ |
350,860,480 |
General Services Fund Group
| 4880 |
322603 |
|
Provider Audit Refunds |
|
$ |
10,000 |
|
$ |
10,000 |
| 1520 |
323609 |
|
Developmental Center and Residential Operating Services |
|
$ |
2,500,000 |
|
$ |
2,600,000 |
| TOTAL GSF General Services Fund Group |
|
$ |
2,510,000 |
|
$ |
2,610,000 |
Federal Special Revenue Fund Group
| 3A50 |
320613 |
|
DD Council |
|
$ |
2,891,473 |
|
$ |
2,963,760 |
| 3250 |
322612 |
|
Community Social Service Programs |
|
$ |
10,494,451 |
|
$ |
10,494,451 |
| 3G60 |
322639 |
|
Medicaid Waiver - Federal |
|
$ |
759,888,829 |
|
$ |
745,540,748 |
| 3M70 |
322650 |
|
CAFS Medicaid |
|
$ |
28,465,980 |
|
$ |
29,349,502 |
| 3A40 |
323605 |
|
Developmental Center and Residential Facility Services and Support |
|
$ |
167,503,941 |
|
$ |
162,857,712 |
| TOTAL FED Federal Special Revenue Fund Group |
|
$ |
969,244,674 |
|
$ |
951,206,173 |
State Special Revenue Fund Group
| 5GE0 |
320606 |
|
Operating and Services |
|
$ |
3,760,504 |
|
$ |
7,521,008 |
| 2210 |
322620 |
|
Supplement Service Trust |
|
$ |
150,000 |
|
$ |
150,000 |
| 4K80 |
322604 |
|
Medicaid Waiver - State Match |
|
$ |
12,000,000 |
|
$ |
12,000,000 |
| 5CT0 |
322632 |
|
Intensive Behavioral Needs |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
| 5DJ0 |
322625 |
|
Targeted Case Management Match |
|
$ |
14,881,985 |
|
$ |
13,716,454 |
| 5DJ0 |
322626 |
|
Targeted Case Management Services |
|
$ |
29,926,640 |
|
$ |
31,123,705 |
| 5DK0 |
322629 |
|
Capital Replacement Facilities |
|
$ |
750,000 |
|
$ |
750,000 |
| 5EV0 |
322627 |
|
Program Fees |
|
$ |
700,000 |
|
$ |
700,000 |
| 5H00 |
322619 |
|
Medicaid Repayment |
|
$ |
150,000 |
|
$ |
150,000 |
| 5Z10 |
322624 |
|
County Board Waiver Match |
|
$ |
158,648,995 |
|
$ |
169,754,424 |
| 4890 |
323632 |
|
Developmental Center Direct Care Support |
|
$ |
15,395,774 |
|
$ |
15,395,684 |
| 5S20 |
590622 |
|
Medicaid Administration & Oversight |
|
$ |
17,585,557 |
|
$ |
18,214,835 |
| TOTAL SSR State Special Revenue Fund Group |
|
$ |
254,949,455 |
|
$ |
270,476,110 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,554,465,361 |
|
$ |
1,575,152,763 |
Section 337.20.10. LEASE-RENTAL PAYMENTS
The foregoing appropriation item 320415,
Lease-Rental
Payments,
shall be used to meet
all payments at the time they are
required to be made during the
period from July 1, 2009, to June
30, 2011, by the Department of
Mental Retardation and
Developmental Disabilities under leases and
agreements
made
under
section 154.20 of the Revised Code. These appropriations are the
source of funds pledged for bond service charges or obligations
issued pursuant to Chapter 154. of the Revised Code.
Section 337.30.10. RESIDENTIAL AND SUPPORT SERVICES
The Department of Mental Retardation and Developmental
Disabilities may designate a portion of appropriation item
322413, Residential and Support Services, for Sermak Class
Services used to implement the requirements
of the agreement
settling the consent decree in
Sermak v. Manuel, Case No.
c-2-80-220,
United
States District Court for the Southern District
of Ohio,
Eastern Division.
Section 337.30.20. OTHER RESIDENTIAL AND SUPPORT SERVICE
PROGRAMS
The foregoing appropriation item 322413, Residential Support
Services, may be used for
residential and support service
programs, developed by the
Department of Mental Retardation and
Developmental Disabilities,
that enable persons with mental
retardation and developmental
disabilities to live in the
community.
Section 337.30.30. MEDICAID WAIVER - STATE MATCH (GRF)
Except as otherwise provided in section 5123.0416 of the
Revised Code, the purposes for which the foregoing appropriation
item 322416, Medicaid Waiver - State Match, shall be used include
the following:
(A) Home and community-based waiver services under Title XIX
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,
as amended.
(B) To pay the nonfederal share of the cost of one or more
new intermediate care facilities for the mentally retarded
certified
beds, if the Director of Mental Retardation and
Developmental
Disabilities is required by this act to transfer to
the Director
of Job and Family Services funds to pay such
nonfederal share.
Section 337.30.40. FISCAL PLAN FOR HOME AND COMMUNITY-BASED
WAIVER
SERVICES
Not later than December 31, 2009, the Director of Mental
Retardation and Developmental Disabilities shall submit a plan to
the Director of Job and Family Services with recommendations for
actions to be taken addressing the fiscal sustainability of home
and community-based services as defined in section 5123.01 of the
Revised Code. The plan may include recommendations for all of the
following:
(A) Changing the ranges in the amount the Medicaid program
will pay per individual for the home and community-based services;
(B) Establishing one or more maximum amounts that the
Medicaid program will pay per individual for the home and
community-based services;
(C) Modifying the methodology used in establishing payment
rates for providers.
Section 337.30.50. STATE SUBSIDY TO COUNTY MR/DD BOARDS
Except as otherwise provided in the section of this act
titled "Nonfederal Share of New ICF/MR Beds," the Director of
Mental Retardation and Developmental Disabilities, in consultation
with the county boards of mental retardation and developmental
disabilities, shall develop a formula for allocating the foregoing
appropriation item 322501, County Boards Subsidies, to each board.
The Department shall distribute this subsidy to county boards in
quarterly installments.
Except as otherwise provided in section 5126.0511 of the
Revised Code, county boards shall use the subsidy for early
childhood services and adult services provided under section
5126.05 of the Revised Code, service and support administration
provided under section 5126.15 of the Revised Code, and supported
living as defined in section 5126.01 of the Revised Code.
Section 337.30.60. COUNTY BOARD SHARE OF WAIVER SERVICES
As used in this section, "home and community-based services"
has the same meaning as in section 5123.01 of the Revised Code.
The Director of Mental Retardation and Developmental
Disabilities shall establish a methodology to be used in state
fiscal years 2010 and 2011 to estimate the quarterly amount each
county board of mental retardation and developmental disabilities
is to pay of the nonfederal share of home and community-based
services that section 5126.0510 of the Revised Code requires
county boards to pay. Each quarter, the Director shall submit to a
county board written notice of the amount the county board is to
pay for that quarter. The notice shall specify when the payment is
due.
If a county board fails to make the full payment by the time
it is due, the Director of Mental Retardation and Developmental
Disabilities may withhold the amount the county board fails to pay
from one or more of the state subsidies that the Department of
Mental Retardation and Developmental Disabilities would otherwise
provide to the county board. Each quarter, the Director may use
one or more of the following appropriation items to transfer cash
from the General Revenue Fund to the County Board Waiver Match
Fund (Fund 5Z10) equal to the amount the county board failed to
pay:
(A) Appropriation item 322413, Residential and Support
Services;
(B) Appropriation item 322451, Family Support Services;
(C) Appropriation item 322501, County Boards Subsidies;
(D) Appropriation item 322503, Tax Equity.
Transfers shall be made using an intrastate transfer voucher.
Section 337.30.70. TAX EQUITY
Notwithstanding section 5126.18 of the Revised Code, if the
Director of Mental Retardation
and
Developmental Disabilities
determines that there is sufficient appropriation available, the
foregoing
appropriation
item 322503, Tax Equity, shall be used
to pay each county board
of mental
retardation and developmental
disabilities an amount
that is
equal to the amount the board
received for fiscal year
2009. If
the Director determines that
there is not sufficient
appropriation
available for this
purpose, the
Department shall pay to each county board an amount
that is
proportionate to the amount the board received for fiscal
year
2009. Proportionality shall be determined by dividing the
total
tax equity payments distributed to county boards for fiscal
year
2009 by the tax equity payment a county board received for
fiscal
year 2009.
Section 337.30.80. MEDICAID WAIVER - STATE MATCH (FUND 4K80)
The foregoing appropriation item 322604, Medicaid Waiver -
State Match (Fund
4K80),
shall be used as state matching funds for
home and
community-based
waivers.
Section 337.30.90. TARGETED CASE MANAGEMENT SERVICES
County boards of mental retardation and developmental
disabilities shall pay the nonfederal portion of targeted case
management costs to the Department of Mental Retardation and
Developmental Disabilities. The Director of Mental Retardation and
Developmental Disabilities shall withhold any amount owed to the
Department from subsequent payments from any appropriation
item
or money otherwise due to a nonpaying county.
The Directors of Mental Retardation and Developmental
Disabilities and Job and Family Services may enter into an
interagency agreement under which the Department of Mental
Retardation and Developmental Disabilities shall transfer cash to
the
Department of Job and Family Services equal to the nonfederal
portion of
the cost of targeted case management services paid by
county
boards and the Department of Job and Family Services shall
pay the
total cost of targeted case management claims. The
transfer shall be made using an intrastate transfer voucher.
Section 337.31.10. TRANSFER TO PROGRAM FEE FUND
On July 1, 2009, or as soon as possible thereafter, the
Director of Mental Retardation and Developmental Disabilities
shall request that the
Director of Budget and Management transfer
the cash balance
in the Conference/Training Fund (Fund 4B50) to
the Program Fee
Fund (Fund 5EV0). Upon completion of the
transfer, Fund 4B50 is
abolished. The Director of Mental
Retardation and Developmental Disabilities shall cancel any
existing encumbrances
against appropriation item 320640, Training
and Service
Development, and re-establish them against
appropriation item
322627, Program Fees. The re-established
encumbrances are hereby
appropriated.
Section 337.31.20. DEVELOPMENTAL CENTER BILLING FOR
SERVICES
Developmental centers of the Department of Mental Retardation
and
Developmental Disabilities may provide services to persons
with mental
retardation or developmental disabilities living in
the community or to
providers of services to these persons. The
Department may develop a
method for recovery of all costs
associated with the provisions of these
services.
Section 337.40.10. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER
PHARMACY PROGRAMS
The Director of Mental Retardation and Developmental
Disabilities shall transfer cash to the Department of Job and
Family Services
quarterly, in an amount equal to the nonfederal
share of Medicaid prescription drug claim costs for all
developmental centers paid by the Department of Job and Family
Services. The quarterly transfer shall be made using an intrastate
transfer voucher.
Section 337.40.20. NONFEDERAL MATCH FOR ACTIVE TREATMENT
SERVICES
Any county funds received by the Department of Mental
Retardation and Developmental Disabilities from county
boards for
active treatment shall be deposited in the
Mental
Retardation
Operating Fund (Fund 4890).
Section 337.40.30. NONFEDERAL SHARE OF NEW ICF/MR BEDS
(A) As used in this section, "intermediate care facility for
the mentally retarded" has the same meaning as in section 5111.20
of the Revised Code.
(B) If one or more new beds obtain certification as an
intermediate care facility for the mentally retarded bed on or
after July 1, 2009, the Director of Mental Retardation and
Developmental Disabilities shall transfer cash to the Department
of Job and Family Services to pay the nonfederal share of the cost
under the Medicaid Program for those beds. The transfer shall be
made using an intrastate transfer voucher. Except as otherwise
provided in section 5123.0416 of the Revised Code, the Director
shall use only the following appropriation items for the transfer:
(1) Appropriation item
322416, Medicaid Waiver - State
Match;
(2) Appropriation
item 322501, County Boards Subsidies.
(C) If the beds are located in a county served by a county
board of mental retardation and developmental disabilities that
initiates or supports the beds' certification, the cash that the
Director transfers under division (B) of this section shall be
moneys that the Director has allocated to the county board serving
the county in which the beds are located unless the amount of the
allocation is insufficient to pay the entire nonfederal share of
the cost under the Medicaid Program for those beds. If the
allocation is insufficient, the Director shall use as much of such
moneys allocated to other counties as is needed to make up the
difference.
Section 339.10. MIH COMMISSION ON MINORITY HEALTH
| GRF |
149321 |
|
Operating Expenses |
|
$ |
490,998 |
|
$ |
499,998 |
| GRF |
149501 |
|
Minority Health Grants |
|
$ |
1,250,440 |
|
$ |
1,241,440 |
| GRF |
149502 |
|
Lupus Program |
|
$ |
114,632 |
|
$ |
114,632 |
| TOTAL GRF General Revenue Fund |
|
$ |
1,856,070 |
|
$ |
1,856,070 |
Federal Special Revenue Fund Group
| 3J90 |
149602 |
|
Federal Grants |
|
$ |
179,250 |
|
$ |
179,250 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
179,250 |
|
$ |
179,250 |
State Special Revenue Fund Group
| 4C20 |
149601 |
|
Minority Health Conference |
|
$ |
47,500 |
|
$ |
47,500 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
47,500 |
|
$ |
47,500 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,082,820 |
|
$ |
2,082,820 |
Section 341.10. CRB MOTOR VEHICLE COLLISION REPAIR
REGISTRATION BOARD
General Service Fund Group
| 4K90 |
865601 |
|
Operating Expenses |
|
$ |
334,995 |
|
$ |
334,995 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
334,995 |
|
$ |
334,995 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
334,995 |
|
$ |
334,995 |
Section 343.10. DNR DEPARTMENT OF NATURAL RESOURCES
| GRF |
725401 |
|
Wildlife-GRF Central Support |
|
$ |
2,300,000 |
|
$ |
2,300,000 |
| GRF |
725413 |
|
Lease Rental Payments |
|
$ |
21,417,400 |
|
$ |
21,556,500 |
| GRF |
725423 |
|
Stream and Ground Water Gauging |
|
$ |
175,000 |
|
$ |
175,000 |
| GRF |
725456 |
|
Canal Lands |
|
$ |
300,000 |
|
$ |
300,000 |
| GRF |
725502 |
|
Soil and Water Districts |
|
$ |
4,500,000 |
|
$ |
900,000 |
| GRF |
725652 |
|
Natural Resources Operations |
|
$ |
4,886,947 |
|
$ |
4,492,839 |
| GRF |
725903 |
|
Natural Resources General Obligation Debt Service |
|
$ |
26,334,400 |
|
$ |
26,549,400 |
| GRF |
727321 |
|
Division of Forestry |
|
$ |
6,906,376 |
|
$ |
6,906,376 |
| GRF |
728321 |
|
Division of Geological Survey |
|
$ |
1,550,000 |
|
$ |
1,550,000 |
| GRF |
729321 |
|
Office of Information Technology |
|
$ |
350,000 |
|
$ |
350,000 |
| GRF |
730321 |
|
Division of Parks and Recreation |
|
$ |
36,119,971 |
|
$ |
36,119,971 |
| GRF |
733321 |
|
Division of Water |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
| GRF |
736321 |
|
Division of Engineering |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
| GRF |
737321 |
|
Division of Soil and Water |
|
$ |
3,628,562 |
|
$ |
3,628,562 |
| GRF |
738321 |
|
Division of Real Estate and Land Management |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
| GRF |
741321 |
|
Division of Natural Areas and Preserves |
|
$ |
2,339,873 |
|
$ |
2,333,981 |
| GRF |
744321 |
|
Division of Mineral
Resources Management |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
| TOTAL GRF General Revenue Fund |
|
$ |
119,808,529 |
|
$ |
116,162,629 |
General Services Fund Group
| 1550 |
725601 |
|
Departmental Projects |
|
$ |
2,235,462 |
|
$ |
2,319,955 |
| 1570 |
725651 |
|
Central Support Indirect |
|
$ |
6,500,000 |
|
$ |
6,500,000 |
| 2040 |
725687 |
|
Information Services |
|
$ |
4,146,037 |
|
$ |
4,400,448 |
| 2070 |
725690 |
|
Real Estate Services |
|
$ |
130,000 |
|
$ |
132,000 |
| 2230 |
725665 |
|
Law Enforcement Administration |
|
$ |
2,062,410 |
|
$ |
2,062,410 |
| 2270 |
725406 |
|
Parks Projects Personnel |
|
$ |
250,000 |
|
$ |
250,000 |
| 4300 |
725671 |
|
Canal Lands |
|
$ |
916,541 |
|
$ |
922,424 |
| 4D50 |
725618 |
|
Recycled Materials |
|
$ |
100,000 |
|
$ |
100,000 |
| 4S90 |
725622 |
|
NatureWorks Personnel |
|
$ |
412,740 |
|
$ |
412,740 |
| 4X80 |
725662 |
|
Water Resources Council |
|
$ |
138,900 |
|
$ |
138,900 |
| 5080 |
725684 |
|
Natural Resources Publications |
|
$ |
221,607 |
|
$ |
177,295 |
| 5100 |
725631 |
|
Maintenance - State-owned Residences |
|
$ |
303,611 |
|
$ |
303,611 |
| 5160 |
725620 |
|
Water Management |
|
$ |
2,931,513 |
|
$ |
2,931,513 |
| 6350 |
725664 |
|
Fountain Square Facilities Management |
|
$ |
3,715,398 |
|
$ |
3,715,398 |
| 6970 |
725670 |
|
Submerged Lands |
|
$ |
1,072,011 |
|
$ |
772,011 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
25,136,230 |
|
$ |
25,138,705 |
Federal Special Revenue Fund Group
| 3320 |
725669 |
|
Federal Mine Safety Grant |
|
$ |
258,102 |
|
$ |
258,102 |
| 3B30 |
725640 |
|
Federal Forest Pass-Thru |
|
$ |
600,000 |
|
$ |
600,000 |
| 3B40 |
725641 |
|
Federal Flood Pass-Thru |
|
$ |
700,000 |
|
$ |
700,000 |
| 3B50 |
725645 |
|
Federal Abandoned Mine Lands |
|
$ |
14,307,667 |
|
$ |
14,307,667 |
| 3B60 |
725653 |
|
Federal Land and Water Conservation Grants |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
| 3B70 |
725654 |
|
Reclamation -
Regulatory |
|
$ |
2,394,565 |
|
$ |
2,388,775 |
| 3P00 |
725630 |
|
Natural Areas and Preserves - Federal |
|
$ |
215,000 |
|
$ |
215,000 |
| 3P10 |
725632 |
|
Geological Survey - Federal |
|
$ |
689,506 |
|
$ |
692,401 |
| 3P20 |
725642 |
|
Oil and Gas-Federal |
|
$ |
231,456 |
|
$ |
234,509 |
| 3P30 |
725650 |
|
Coastal Management - Federal |
|
$ |
1,711,237 |
|
$ |
1,711,237 |
| 3P40 |
725660 |
|
Water - Federal |
|
$ |
316,734 |
|
$ |
316,734 |
| 3R50 |
725673 |
|
Acid Mine Drainage Abatement/Treatment |
|
$ |
2,025,001 |
|
$ |
2,025,001 |
| 3Z50 |
725657 |
|
REALM-Federal |
|
$ |
1,850,000 |
|
$ |
1,850,000 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
27,299,268 |
|
$ |
27,299,426 |
State Special Revenue Fund Group
| 4J20 |
725628 |
|
Injection Well Review |
|
$ |
119,895 |
|
$ |
119,996 |
| 4M70 |
725686 |
|
Wildfire Suppression |
|
$ |
100,000 |
|
$ |
100,000 |
| 4U60 |
725668 |
|
Scenic Rivers Protection |
|
$ |
100,000 |
|
$ |
100,000 |
| 5090 |
725602 |
|
State Forest |
|
$ |
6,211,924 |
|
$ |
6,211,924 |
| 5110 |
725646 |
|
Ohio Geological Mapping |
|
$ |
724,310 |
|
$ |
723,515 |
| 5120 |
725605 |
|
State Parks Operations |
|
$ |
29,885,528 |
|
$ |
29,885,528 |
| 5140 |
725606 |
|
Lake Erie Shoreline |
|
$ |
974,113 |
|
$ |
974,113 |
| 5180 |
725643 |
|
Oil and Gas Permit Fees |
|
$ |
6,404,086 |
|
$ |
5,526,742 |
| 5180 |
725677 |
|
Oil and Gas Well Plugging |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
| 5210 |
725627 |
|
Off-Road Vehicle Trails |
|
$ |
143,490 |
|
$ |
143,490 |
| 5220 |
725656 |
|
Natural Areas and Preserves |
|
$ |
1,550,670 |
|
$ |
1,550,670 |
| 5260 |
725610 |
|
Strip Mining Administration Fee |
|
$ |
3,267,587 |
|
$ |
3,364,361 |
| 5270 |
725637 |
|
Surface Mining Administration |
|
$ |
1,946,591 |
|
$ |
1,946,591 |
| 5290 |
725639 |
|
Unreclaimed Land Fund |
|
$ |
2,021,713 |
|
$ |
2,023,831 |
| 5310 |
725648 |
|
Reclamation Forfeiture |
|
$ |
2,062,237 |
|
$ |
2,062,237 |
| 5320 |
725644 |
|
Litter Control and Recycling |
|
$ |
6,280,681 |
|
$ |
6,280,681 |
| 5860 |
725633 |
|
Scrap Tire Program |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
| 5BV0 |
725683 |
|
Soil and Water Districts |
|
$ |
10,875,577 |
|
$ |
18,104,906 |
| 5B30 |
725674 |
|
Mining Regulation |
|
$ |
28,850 |
|
$ |
28,850 |
| 5CU0 |
725647 |
|
Mine Safety |
|
$ |
3,053,843 |
|
$ |
3,199,923 |
| 5EJ0 |
725608 |
|
Forestry Law Enforcement |
|
$ |
1,000 |
|
$ |
1,000 |
| 5EK0 |
725611 |
|
Natural Areas & Preserves Law Enforcement |
|
$ |
1,000 |
|
$ |
1,000 |
| 5EL0 |
725612 |
|
Wildlife Law Enforcement |
|
$ |
12,000 |
|
$ |
12,000 |
| 5EM0 |
725613 |
|
Park Law Enforcement |
|
$ |
34,000 |
|
$ |
34,000 |
| 5EN0 |
725614 |
|
Watercraft Law Enforcement |
|
$ |
2,500 |
|
$ |
2,500 |
| 6150 |
725661 |
|
Dam Safety |
|
$ |
807,403 |
|
$ |
807,403 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
79,108,998 |
|
$ |
85,705,261 |
Clean Ohio Conservation Fund Group
| 7061 |
725405 |
|
Clean Ohio Operating |
|
$ |
310,000 |
|
$ |
310,000 |
| TOTAL CLF Clean Ohio Conservation Fund Group |
|
$ |
310,000 |
|
$ |
310,000 |
| 5P20 |
725634 |
|
Wildlife Boater Angler Administration |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
| 7015 |
740401 |
|
Division of Wildlife Conservation |
|
$ |
58,614,436 |
|
$ |
54,906,000 |
| 8150 |
725636 |
|
Cooperative Management Projects |
|
$ |
120,449 |
|
$ |
120,449 |
| 8160 |
725649 |
|
Wetlands Habitat |
|
$ |
966,885 |
|
$ |
966,885 |
| 8170 |
725655 |
|
Wildlife Conservation Checkoff Fund |
|
$ |
2,800,000 |
|
$ |
2,800,000 |
| 8180 |
725629 |
|
Cooperative Fisheries Research |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
| 8190 |
725685 |
|
Ohio River Management |
|
$ |
128,584 |
|
$ |
128,584 |
| TOTAL WLF Wildlife Fund Group |
|
$ |
66,130,354 |
|
$ |
62,421,918 |
Waterways Safety Fund Group
| 7086 |
725414 |
|
Waterways Improvement |
|
$ |
4,265,575 |
|
$ |
4,265,575 |
| 7086 |
725418 |
|
Buoy Placement |
|
$ |
52,182 |
|
$ |
52,182 |
| 7086 |
725501 |
|
Waterway Safety Grants |
|
$ |
137,867 |
|
$ |
137,867 |
| 7086 |
725506 |
|
Watercraft Marine Patrol |
|
$ |
576,153 |
|
$ |
576,153 |
| 7086 |
725513 |
|
Watercraft Educational Grants |
|
$ |
366,643 |
|
$ |
366,643 |
| 7086 |
739401 |
|
Division of Watercraft |
|
$ |
19,949,181 |
|
$ |
19,949,181 |
| TOTAL WSF Waterways Safety Fund |
|
|
|
|
|
|
| Group |
|
$ |
25,347,601 |
|
$ |
25,347,601 |
Holding Account Redistribution Fund Group
| R017 |
725659 |
|
Performance Cash Bond Refunds |
|
$ |
296,263 |
|
$ |
296,263 |
| R043 |
725624 |
|
Forestry |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
| TOTAL 090 Holding Account |
|
|
|
|
|
|
| Redistribution Fund Group |
|
$ |
2,296,263 |
|
$ |
2,296,263 |
Accrued Leave Liability Fund Group
| 4M80 |
725675 |
|
FOP Contract |
|
$ |
20,844 |
|
$ |
20,844 |
| TOTAL ALF Accrued Leave |
|
|
|
|
|
|
| Liability Fund Group |
|
$ |
20,844 |
|
$ |
20,844 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
345,458,087 |
|
$ |
344,702,647 |
Section 343.20. CENTRAL SUPPORT INDIRECT
With the exception of the Division of Wildlife, whose direct
and indirect central support charges shall be paid out of the
General Revenue Fund from the foregoing appropriation item
725401, Wildlife-GRF Central Support, the Department of Natural
Resources, with approval of the Director of Budget and Management,
shall utilize a methodology for determining each division's
payments into the Central Support Indirect Fund (Fund 1570). The
methodology used shall contain the characteristics of
administrative ease and uniform application in compliance with
federal grant requirements. It may include direct cost charges for
specific services provided. Payments to Fund 1570 shall be
made
using an intrastate
transfer voucher.
Section 343.20.10. FEDERAL ECONOMIC STIMULUS/RECOVERY FUNDS
The foregoing appropriation item 725652, Natural Resources
Operations, shall be used to support services
of the Department
of Natural Resources consistent with funds
received from the
federal government for fiscal stabilization and
recovery
purposes.
Section 343.20.20. WELL LOG FILING FEES
The Chief of the Division of Water shall deposit fees
forwarded to the Division pursuant to section 1521.05 of the
Revised Code into the Departmental Services – Intrastate Fund
(Fund 1550) for the purposes described in that section.
Section 343.30.
LEASE RENTAL PAYMENTS
The foregoing appropriation item 725413, Lease Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2009, to June
30, 2011, by the Department of Natural Resources pursuant to
leases and agreements made under section 154.22 of the Revised
Code. These appropriations are the source of funds pledged for
bond service charges or obligations issued pursuant to Chapter
154. of the Revised Code.
The foregoing appropriation item 725456, Canal Lands, shall
be used to transfer funds to the Canal Lands Fund (Fund 4300) to
provide operating expenses for the State Canal Lands Program. The
transfer shall be made using an intrastate transfer voucher and
shall be subject to the approval of the Director of Budget and
Management.
NATURAL RESOURCES GENERAL OBLIGATION DEBT
SERVICE
The foregoing appropriation item 725903, Natural Resources
General Obligation Debt Service, shall be used to pay all debt
service and related financing costs during the period July 1,
2009, to June 30, 2011, on obligations issued under sections
151.01 and 151.05 of the Revised Code.
Section 343.30.10. FOUNTAIN SQUARE
The foregoing appropriation item 725664, Fountain Square
Facilities Management, shall be used for payment of repairs,
renovation, utilities, property management, and building
maintenance expenses for the Fountain Square complex. Cash
transferred by intrastate transfer vouchers from various
department funds and rental income received by the Department of
Natural Resources shall be deposited into the Fountain Square
Facilities Management Fund (Fund 6350).
Section 343.40. SOIL AND WATER DISTRICTS
In addition to state payments to soil and water conservation
districts authorized by section 1515.10 of the Revised Code, the
Department of Natural Resources may use appropriation item 725502,
Soil and Water Districts, to pay any soil and water
conservation
district an annual amount not to exceed
$30,000, upon
receipt of
a request and justification from the
district and
approval by the
Ohio Soil and Water Conservation
Commission. The
county auditor
shall credit the payments to the
special fund
established under
section 1515.10 of the Revised Code
for the
local soil and water
conservation district. Moneys
received by
each district shall be
expended for the purposes of
the district.
The foregoing appropriation item 725683, Soil and
Water
Districts, shall be expended for the purposes described
above,
except that the funding source for this appropriation shall
be
fees applied on the disposal of construction and demolition
debris and municipal solid waste as provided in section 1515.14 of
the Revised Code.
OIL AND GAS WELL PLUGGING
The foregoing appropriation item 725677, Oil and Gas Well
Plugging, shall be used exclusively for the purposes of plugging
wells and to properly restore the land surface of idle and orphan
oil and gas wells pursuant to section 1509.071 of the Revised
Code. No funds from the appropriation item shall be used for
salaries, maintenance, equipment, or other administrative
purposes, except for those costs directly attributed to the
plugging of an idle or orphan well. This appropriation item shall
not be used to transfer cash to any other fund
or appropriation
item.
LITTER CONTROL AND RECYCLING
Of the foregoing appropriation item 725644, Litter Control
and Recycling, up to $1,500,000 may be used in each fiscal
year
for the administration of the Recycling and Litter Prevention
Program.
Section 343.40.10. CLEAN OHIO OPERATING EXPENSES
The foregoing appropriation item 725405, Clean Ohio
Operating, shall be used by the Department of Natural Resources in
administering section 1519.05 of the Revised Code.
Section 343.50. WATERCRAFT MARINE PATROL
Of the foregoing appropriation item 739401, Division of
Watercraft, up to $200,000 in each fiscal year shall be
expended
for the purchase of equipment for marine patrols
qualifying for
funding from the Department of Natural Resources
pursuant to
section 1547.67 of the Revised Code. Proposals for
equipment shall
accompany the submission of documentation for
receipt of a marine
patrol subsidy pursuant to section 1547.67 of
the Revised Code and
shall be loaned to eligible marine patrols
pursuant to a
cooperative agreement between the Department of
Natural Resources
and the eligible marine patrol.
Section 343.60. PARKS CAPITAL EXPENSES FUND
The Director of Natural Resources shall submit to the
Director of Budget and Management the estimated design,
engineering, and planning costs of capital-related work to be done
by Department of Natural Resources staff for parks projects. If
the Director of Budget and Management approves the estimated
costs, the Director may release appropriations from appropriation
item C725E6, Project Planning, in the Parks and Recreation
Improvement Fund (Fund 7035), for those purposes. Upon
release of
the appropriations, the Department of Natural Resources
shall pay
for these expenses from the Parks Capital Expenses Fund
(Fund
2270). Expenses paid from Fund 2270 shall be reimbursed by Fund
7035 using an
intrastate transfer voucher.
NATUREWORKS CAPITAL EXPENSES FUND
The Department of Natural Resources shall periodically
prepare and submit to the Director of Budget and Management the
estimated design, planning, and engineering costs of
capital-related work to be done by Department of Natural Resources
staff for each capital improvement project within the Ohio Parks
and Natural Resources Fund (Fund 7031). If the Director of Budget
and Management approves the estimated costs, the Director may
release appropriations from appropriation item C725E5, Project
Planning, in fund 7031, for those purposes. Upon release of the
appropriations, the Department of Natural Resources shall pay for
these expenses from the Capital Expenses Fund (Fund 4S90).
Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by
using an intrastate transfer voucher.
Section 343.60.10. PUBLIC ACCESS ROADS FOR STATE FACILITIES
The
Director of Natural Resources may submit a request to the
Director
of Transportation to enter into an interagency agreement
for the
use of up to $5,000,000 in each fiscal year from
Department of
Transportation appropriation item 772421, Highway
Construction –
State. The amount requested pursuant to such an
agreement shall be
used by the Director of Transportation for the
construction,
reconstruction, or maintenance of public access
roads, including
support features, to and within state facilities
owned or operated
by the Department of Natural Resources.
Section 345.10. NUR STATE BOARD OF NURSING
General Services Fund Group
| 4K90 |
884609 |
|
Operating Expenses |
|
$ |
5,661,280 |
|
$ |
5,661,280 |
| 5P80 |
884601 |
|
Nursing Special Issues |
|
$ |
1,450,000 |
|
$ |
1,450,000 |
| 5AC0 |
884602 |
|
Nurse Education Grant Program |
|
$ |
5,000 |
|
$ |
5,000 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
7,116,280 |
|
$ |
7,116,280 |
| TOTAL ALL BUDGET FUND
GROUPS |
|
$ |
7,116,280 |
|
$ |
7,116,280 |
The foregoing appropriation item 884601, Nursing Special
Issues (Fund 5P80), shall be used to pay the costs the Board of
Nursing incurs in implementing section 4723.062 of the Revised
Code.
Section 347.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,
AND ATHLETIC TRAINERS BOARD
General Services Fund Group
| 4K90 |
890609 |
|
Operating Expenses |
|
$ |
963,984 |
|
$ |
963,984 |
| TOTAL GSF General Services Fund Group |
|
$ |
963,984 |
|
$ |
963,984 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
963,984 |
|
$ |
963,984 |
Section 349.10. ODB OHIO OPTICAL DISPENSERS BOARD
General Services Fund Group
| 4K90 |
894609 |
|
Operating Expenses |
|
$ |
345,324 |
|
$ |
345,324 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
345,324 |
|
$ |
345,324 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
345,324 |
|
$ |
345,324 |
Section 351.10. OPT STATE BOARD OF OPTOMETRY
General Services Fund Group
| 4K90 |
885609 |
|
Operating Expenses |
|
$ |
351,071 |
|
$ |
351,071 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
351,071 |
|
$ |
351,071 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
351,071 |
|
$ |
351,071 |
Section 353.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,
AND
PEDORTHICS
General Services Fund Group
| 4K90 |
973609 |
|
Operating Expenses |
|
$ |
116,260 |
|
$ |
116,260 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
116,260 |
|
$ |
116,260 |
| TOTAL ALL BUDGET FUND
GROUPS |
|
$ |
116,260 |
|
$ |
116,260 |
Section 355.10. UST PETROLEUM UNDERGROUND STORAGE TANK
| 6910 |
810632 |
|
PUSTRCB Staff |
|
$ |
1,134,860 |
|
$ |
1,144,627 |
| TOTAL AGY Agency Fund Group |
|
$ |
1,134,860 |
|
$ |
1,144,627 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,134,860 |
|
$ |
1,144,627 |
Section 357.10. PRX STATE BOARD OF PHARMACY
General Services Fund Group
| 4A50 |
887605 |
|
Drug Law Enforcement |
|
$ |
75,500 |
|
$ |
75,500 |
| 4K90 |
887609 |
|
Operating Expenses |
|
$ |
5,251,032 |
|
$ |
5,251,032 |
| TOTAL GSF General Services Fund Group |
|
$ |
5,326,532 |
|
$ |
5,326,532 |
Federal Special Revenue Fund Group
| 3BC0 |
887604 |
|
Dangerous Drugs Database |
|
$ |
493,164 |
|
$ |
500,891 |
| TOTAL FED Federal Special Revenue Fund Group |
|
$ |
493,164 |
|
$ |
500,891 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
5,819,696 |
|
$ |
5,827,423 |
Section 359.10. PSY STATE BOARD OF PSYCHOLOGY
General Services Fund Group
| 4K90 |
882609 |
|
Operating Expenses |
|
$ |
566,000 |
|
$ |
586,000 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
566,000 |
|
$ |
586,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
566,000 |
|
$ |
586,000 |
Section 361.10. PUB OHIO PUBLIC DEFENDER COMMISSION
| GRF |
019321 |
|
Public Defender Administration |
|
$ |
772,500 |
|
$ |
612,600 |
| GRF |
019401 |
|
State Legal Defense Services |
|
$ |
4,377,500 |
|
$ |
3,471,400 |
| GRF |
019403 |
|
Multi-County: State Share |
|
$ |
1,308,201 |
|
$ |
1,456,835 |
| GRF |
019404 |
|
Trumbull County - State Share |
|
$ |
430,217 |
|
$ |
467,727 |
| GRF |
019405 |
|
Training
Account |
|
$ |
50,000 |
|
$ |
50,000 |
| GRF |
019501 |
|
County Reimbursement |
|
$ |
22,767,720 |
|
$ |
17,898,638 |
| TOTAL GRF General Revenue Fund |
|
$ |
29,706,138 |
|
$ |
23,957,200 |
General Services Fund Group
| 4070 |
019604 |
|
County Representation |
|
$ |
196,650 |
|
$ |
207,143 |
| 4080 |
019605 |
|
Client Payments |
|
$ |
865,798 |
|
$ |
886,500 |
| 5CX0 |
019617 |
|
Civil Case Filing Fee |
|
$ |
743,076 |
|
$ |
772,121 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
1,805,524 |
|
$ |
1,865,764 |
Federal Special Revenue Fund Group
| 3S80 |
019608 |
|
Federal Representation |
|
$ |
202,347 |
|
$ |
212,303 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
202,347 |
|
$ |
212,303 |
State Special Revenue Fund Group
| 4C70 |
019601 |
|
Multi-County: County Share |
|
$ |
2,227,056 |
|
$ |
2,384,210 |
| 4X70 |
019610 |
|
Trumbull County - County Share |
|
$ |
732,393 |
|
$ |
765,467 |
| 5740 |
019606 |
|
Civil Legal Aid |
|
$ |
30,000,000 |
|
$ |
30,000,000 |
| 5DY0 |
019618 |
|
Indigent Defense Support - County Share |
|
$ |
27,783,000 |
|
$ |
37,044,000 |
| 5DY0 |
019619 |
|
Indigent Defense Support - State Share |
|
$ |
3,087,000 |
|
$ |
4,116,000 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
63,829,449 |
|
$ |
74,309,677 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
95,543,458 |
|
$ |
100,344,944 |
The foregoing appropriation items 019404, Trumbull County -
State Share, and
019610, Trumbull County - County Share, shall be
used to
support an indigent defense office for Trumbull County.
The foregoing appropriation items 019403, Multi-County:
State
Share, and 019601, Multi-County: County Share, shall be
used to
support the Office of the Ohio Public Defender's
Multi-County
Branch Office Program.
The foregoing appropriation item 019405, Training Account,
shall be used by the Ohio Public Defender to provide legal
training programs at no cost for private appointed counsel who
represent at
least one indigent defendant at no cost and for
state
and county public
defenders and attorneys who contract with
the
Ohio Public
Defender to provide indigent defense services.
The foregoing appropriation item 019608, Federal
Representation, shall be used to receive reimbursements from the
federal courts when the Ohio Public Defender
provides
representation in federal court cases and to support
representation in such cases.
Section 363.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO
General Services Fund Group
| 5F60 |
870622 |
|
Utility and Railroad Regulation |
|
$ |
34,455,627 |
|
$ |
34,455,627 |
| 5F60 |
870624 |
|
NARUC/NRRI Subsidy |
|
$ |
158,000 |
|
$ |
158,000 |
| 5F60 |
870625 |
|
Motor Transportation Regulation |
|
$ |
6,071,829 |
|
$ |
6,071,829 |
| 5Q50 |
870626 |
|
Telecommunications Relay Service |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
45,685,456 |
|
$ |
45,685,456 |
Federal Special Revenue Fund Group
| 3330 |
870601 |
|
Gas Pipeline Safety |
|
$ |
597,959 |
|
$ |
597,959 |
| 3500 |
870608 |
|
Motor Carrier Safety |
|
$ |
7,351,660 |
|
$ |
7,351,660 |
| 3V30 |
870604 |
|
Commercial Vehicle Information Systems/Networks |
|
$ |
100,000 |
|
$ |
100,000 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
8,049,619 |
|
$ |
8,049,619 |
State Special Revenue Fund Group
| 4A30 |
870614 |
|
Grade Crossing Protection Devices-State |
|
$ |
1,349,757 |
|
$ |
1,349,757 |
| 4L80 |
870617 |
|
Pipeline Safety-State |
|
$ |
187,621 |
|
$ |
187,621 |
| 4S60 |
870618 |
|
Hazardous Material Registration |
|
$ |
464,325 |
|
$ |
464,325 |
| 4S60 |
870621 |
|
Hazardous Materials Base State Registration |
|
$ |
373,346 |
|
$ |
373,346 |
| 4U80 |
870620 |
|
Civil Forfeitures |
|
$ |
284,986 |
|
$ |
284,986 |
| 5590 |
870605 |
|
Public Utilities Territorial
Administration |
|
$ |
4,000 |
|
$ |
4,000 |
| 5600 |
870607 |
|
Special Assessment |
|
$ |
100,000 |
|
$ |
100,000 |
| 5610 |
870606 |
|
Power Siting Board |
|
$ |
647,893 |
|
$ |
647,893 |
| 5BP0 |
870623 |
|
Wireless 9-1-1 Administration |
|
$ |
34,417,000 |
|
$ |
36,443,000 |
| 6380 |
870611 |
|
Biofuels/Municipal Waste Technology |
|
$ |
40,000 |
|
$ |
40,000 |
| 6610 |
870612 |
|
Hazardous Materials Transportation |
|
$ |
900,000 |
|
$ |
900,000 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
38,768,928 |
|
$ |
40,794,928 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
92,504,003 |
|
$ |
94,530,003 |
Section 365.10. PWC PUBLIC WORKS COMMISSION
| GRF |
150904 |
|
Conservation General Obligation Debt Service |
|
$ |
20,711,100 |
|
$ |
25,684,900 |
| GRF |
150907 |
|
State Capital Improvements
|
|
$ |
148,331,900 |
|
$ |
163,443,500 |
|
|
|
General Obligation Debt Service |
|
|
|
|
|
|
| TOTAL GRF General Revenue Fund |
|
$ |
169,043,000 |
|
$ |
189,128,400 |
Local Infrastructure Improvements Fund Group
| 7039 |
150909 |
|
Local Infrastructure Development |
|
$ |
261,027 |
|
$ |
269,555 |
| TOTAL LIF Local Infrastructure Improvements Fund Group |
|
$ |
261,027 |
|
$ |
269,555 |
Clean Ohio Conservation Fund Group
| 7056 |
150403 |
|
Clean Ohio Operating Expenses |
|
$ |
304,332 |
|
$ |
311,509 |
| TOTAL 056 Clean Ohio Conservation Fund Group |
|
$ |
304,332 |
|
$ |
311,509 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
169,608,359 |
|
$ |
189,709,464 |
CONSERVATION GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 150904, Conservation
General
Obligation Debt Service, shall be used to pay all debt
service and
related financing costs during the period from July 1,
2009,
through June 30, 2011, at the times they are required to be
made
for obligations issued under sections 151.01 and 151.09 of
the
Revised Code.
STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 150907, State Capital
Improvements General Obligation Debt Service, shall be used to pay
all debt service and related financing costs during the period
from July 1, 2009, to June 30, 2011, at the times they are
required to be made for obligations issued under sections 151.01
and 151.08 of the Revised Code.
CLEAN OHIO OPERATING EXPENSES
The foregoing appropriation item 150403, Clean Ohio
Operating Expenses, shall be used by the Ohio Public Works
Commission in administering sections 164.20 to 164.27 of the
Revised Code.
REIMBURSEMENT TO THE GENERAL REVENUE FUND
(A) On or before July 15, 2011, the Director of the Public
Works Commission shall certify to the Director of Budget and
Management the following:
(1) The total amount disbursed from appropriation item
700409, Farmland Preservation, during the FY 2010-FY 2011
biennium; and
(2) The amount of interest earnings that have been credited
to the Clean Ohio Conservation Fund (Fund 7056) that are in excess
of the amount needed for other purposes as calculated by the
Director of the Public Works Commission.
(B) If the Director of Budget and Management determines under
division (A)(2) of this section that there are excess interest
earnings, the Director of Budget and Management shall, on or
before July 15, 2011, transfer the excess interest earnings to the
General Revenue Fund in an amount equal to the total amount
disbursed under division (A)(1) of this section from the Clean
Ohio Conservation Fund.
Section 367.10. RAC STATE RACING COMMISSION
State Special Revenue Fund Group
| 5620 |
875601 |
|
Thoroughbred Race Fund |
|
$ |
2,300,000 |
|
$ |
2,300,000 |
| 5630 |
875602 |
|
Standardbred Development Fund |
|
$ |
1,900,000 |
|
$ |
1,900,000 |
| 5640 |
875603 |
|
Quarterhorse Development Fund |
|
$ |
1,000 |
|
$ |
1,000 |
| 5650 |
875604 |
|
Racing Commission Operating |
|
$ |
3,742,342 |
|
$ |
3,758,818 |
| 5C40 |
875607 |
|
Simulcast Horse Racing Purse |
|
$ |
14,000,000 |
|
$ |
14,000,000 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
21,943,342 |
|
$ |
21,959,818 |
Holding Account Redistribution Fund Group
| R021 |
875605 |
|
Bond Reimbursements |
|
$ |
145,000 |
|
$ |
145,000 |
| TOTAL 090 Holding Account Redistribution |
|
|
|
|
|
|
| Fund Group |
|
$ |
145,000 |
|
$ |
145,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
22,088,342 |
|
$ |
22,104,818 |
Section 371.10. BOR BOARD OF REGENTS
| GRF |
235321 |
|
Operating Expenses |
|
$ |
2,439,835 |
|
$ |
2,439,835 |
| GRF |
235401 |
|
Lease Rental Payments |
|
$ |
124,461,100 |
|
$ |
107,897,100 |
| GRF |
235406 |
|
Articulation and Transfer |
|
$ |
2,610,000 |
|
$ |
2,610,000 |
| GRF |
235408 |
|
Midwest Higher Education Compact |
|
$ |
95,000 |
|
$ |
95,000 |
| GRF |
235409 |
|
Information System |
|
$ |
966,804 |
|
$ |
966,804 |
| GRF |
235414 |
|
State Grants and Scholarship Administration |
|
$ |
1,458,109 |
|
$ |
1,458,109 |
| GRF |
235415 |
|
Jobs Challenge |
|
$ |
4,967,492 |
|
$ |
4,967,492 |
| GRF |
235417 |
|
Ohio Learning Network |
|
$ |
2,807,546 |
|
$ |
2,807,546 |
| GRF |
235428 |
|
Appalachian New Economy Partnership |
|
$ |
844,634 |
|
$ |
844,634 |
| GRF |
235433 |
|
Economic Growth Challenge |
|
$ |
527,541 |
|
$ |
527,541 |
| GRF |
235438 |
|
Choose Ohio First Scholarship |
|
$ |
13,000,000 |
|
$ |
16,000,000 |
| GRF |
235441 |
|
Co-Op/Internship Program |
|
$ |
50,000,000 |
|
$ |
50,000,000 |
| GRF |
235442 |
|
Teacher Fellowship |
|
$ |
0 |
|
$ |
2,500,000 |
| GRF |
235443 |
|
Adult Basic and Literacy Education - State |
|
$ |
7,528,264 |
|
$ |
7,528,264 |
| GRF |
235444 |
|
Post-Secondary Adult Career-Technical Education |
|
$ |
15,791,288 |
|
$ |
15,791,286 |
| GRF |
235474 |
|
Area Health Education Centers Program Support |
|
$ |
1,091,833 |
|
$ |
1,091,833 |
| GRF |
235501 |
|
State Share of Instruction |
|
$ |
1,791,200,532 |
|
$ |
1,742,954,088 |
| GRF |
235502 |
|
Student Support Services |
|
$ |
714,406 |
|
$ |
714,406 |
| GRF |
235504 |
|
War Orphans Scholarships |
|
$ |
4,331,089 |
|
$ |
4,331,089 |
| GRF |
235507 |
|
OhioLINK |
|
$ |
6,632,281 |
|
$ |
6,632,281 |
| GRF |
235508 |
|
Air Force Institute of Technology |
|
$ |
1,840,659 |
|
$ |
1,840,659 |
| GRF |
235510 |
|
Ohio Supercomputer Center |
|
$ |
3,834,386 |
|
$ |
3,834,386 |
| GRF |
235511 |
|
Cooperative Extension Service |
|
$ |
21,018,608 |
|
$ |
19,967,678 |
| GRF |
235513 |
|
Ohio University Voinovich Center |
|
$ |
336,082 |
|
$ |
336,082 |
| GRF |
235514 |
|
Central State Supplement |
|
$ |
12,109,106 |
|
$ |
12,109,106 |
| GRF |
235515 |
|
Case Western Reserve University School of Medicine |
|
$ |
2,603,096 |
|
$ |
2,603,096 |
| GRF |
235519 |
|
Family Practice |
|
$ |
3,840,127 |
|
$ |
3,840,127 |
| GRF |
235520 |
|
Shawnee State Supplement |
|
$ |
2,577,393 |
|
$ |
2,577,393 |
| GRF |
235521 |
|
The Ohio State University John Glenn School of Public Affairs |
|
$ |
286,082 |
|
$ |
286,082 |
| GRF |
235524 |
|
Police and Fire Protection |
|
$ |
123,498 |
|
$ |
123,498 |
| GRF |
235525 |
|
Geriatric Medicine |
|
$ |
633,294 |
|
$ |
633,294 |
| GRF |
235526 |
|
Primary Care Residencies |
|
$ |
1,895,962 |
|
$ |
1,895,962 |
| GRF |
235535 |
|
Ohio Agricultural Research and Development Center |
|
$ |
33,456,863 |
|
$ |
31,784,020 |
| GRF |
235536 |
|
The Ohio State University Clinical Teaching |
|
$ |
11,727,036 |
|
$ |
11,727,036 |
| GRF |
235537 |
|
University of Cincinnati Clinical Teaching |
|
$ |
9,645,328 |
|
$ |
9,645,328 |
| GRF |
235538 |
|
University of Toledo Clinical Teaching |
|
$ |
7,518,011 |
|
$ |
7,518,011 |
| GRF |
235539 |
|
Wright State University Clinical Teaching |
|
$ |
3,652,395 |
|
$ |
3,652,395 |
| GRF |
235540 |
|
Ohio University Clinical Teaching |
|
$ |
3,530,882 |
|
$ |
3,530,882 |
| GRF |
235541 |
|
Northeastern Ohio Universities College of Medicine Clinical Teaching |
|
$ |
3,631,508 |
|
$ |
3,631,508 |
| GRF |
235552 |
|
Capital Component |
|
$ |
20,382,568 |
|
$ |
20,382,568 |
| GRF |
235555 |
|
Library Depositories |
|
$ |
1,522,963 |
|
$ |
1,522,963 |
| GRF |
235556 |
|
Ohio Academic Resources Network |
|
$ |
3,354,501 |
|
$ |
3,354,501 |
| GRF |
235558 |
|
Long-term Care Research |
|
$ |
223,711 |
|
$ |
223,711 |
| GRF |
235563 |
|
Ohio College Opportunity Grant |
|
$ |
70,000,000 |
|
$ |
85,000,000 |
| GRF |
235567 |
|
Central State University Speed to Scale |
|
$ |
1,775,254 |
|
$ |
0 |
| GRF |
235572 |
|
The Ohio State University Clinic Support |
|
$ |
929,591 |
|
$ |
929,591 |
| GRF |
235576 |
|
Nonpublic Need-Based Financial Aid |
|
$ |
70,000,000 |
|
$ |
70,000,000 |
| GRF |
235596 |
|
Hazardous Materials Program |
|
$ |
258,858 |
|
$ |
258,858 |
| GRF |
235599 |
|
National Guard
Scholarship Program |
|
$ |
14,912,271 |
|
$ |
14,912,271 |
| GRF |
235644 |
|
State Share of Instruction - Federal Stimulus |
|
$ |
279,337,545 |
|
$ |
344,705,908 |
| GRF |
235645 |
|
Need-Based Aid - Federal Stimulus |
|
$ |
50,000,000 |
|
$ |
50,000,000 |
| GRF |
235909 |
|
Higher Education General Obligation Debt Service |
|
$ |
85,317,700 |
|
$ |
89,480,300 |
| TOTAL GRF General Revenue Fund |
|
$ |
2,753,743,032 |
|
$ |
2,774,464,522 |
General Services Fund Group
| 2200 |
235614 |
|
Program Approval and Reauthorization |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
| 4560 |
235603 |
|
Sales and Services |
|
$ |
700,000 |
|
$ |
700,000 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
3,700,000 |
|
$ |
3,700,000 |
Federal Special Revenue Fund Group
| 3120 |
235609 |
|
Tech Prep |
|
$ |
183,849 |
|
$ |
183,849 |
| 3120 |
235611 |
|
Gear-up Grant |
|
$ |
3,900,000 |
|
$ |
3,900,000 |
| 3120 |
235612 |
|
Carl D. Perkins Grant/Plan Administration |
|
$ |
912,961 |
|
$ |
912,961 |
| 3120 |
235617 |
|
Improving Teacher Quality Grant |
|
$ |
3,200,000 |
|
$ |
3,200,000 |
| 3120 |
235641 |
|
Adult Basic Literacy Education - Federal |
|
$ |
17,869,546 |
|
$ |
17,869,546 |
| 3BE0 |
235636 |
|
Adult Education and Family Literacy Act Incentive Grant |
|
$ |
1,783,583 |
|
$ |
1,783,583 |
| 3BG0 |
235626 |
|
Star Schools |
|
$ |
250,000 |
|
$ |
0 |
| 3H20 |
235608 |
|
Human Services Project |
|
$ |
3,500,000 |
|
$ |
3,500,000 |
| 3N60 |
235605 |
|
State Student Incentive Grants |
|
$ |
2,533,339 |
|
$ |
2,533,339 |
| 3N60 |
235638 |
|
College Access Challenge Grant |
|
$ |
2,268,044 |
|
$ |
2,268,044 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
36,401,322 |
|
$ |
36,151,322 |
State Special Revenue Fund Group
| 4E80 |
235602 |
|
Higher Educational Facility Commission Administration |
|
$ |
45,000 |
|
$ |
45,000 |
| 6490 |
235607 |
|
The Ohio State University
Highway/Transportation Research |
|
$ |
600,000 |
|
$ |
600,000 |
| 6820 |
235606 |
|
Nursing Loan Program |
|
$ |
893,000 |
|
$ |
893,000 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
1,538,000 |
|
$ |
1,538,000 |
Third Frontier Research & Development Fund Group
| 7011 |
235634 |
|
Research Incentive Third Frontier Fund |
|
$ |
8,000,000 |
|
$ |
8,000,000 |
| TOTAL 011 Third Frontier Research & Development Fund Group |
|
$ |
8,000,000 |
|
$ |
8,000,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,803,382,354 |
|
$ |
2,823,853,844 |
Section 371.10.10. LEASE RENTAL PAYMENTS
The foregoing appropriation item 235401, Lease Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2009, to June
30, 2011, by the Chancellor of the Board of Regents under leases
and
agreements made
under section 154.21 of the Revised Code.
These appropriations are
the source of funds pledged for bond
service charges or
obligations issued pursuant to Chapter 154. of
the Revised Code.
Section 371.10.20. ARTICULATION AND TRANSFER
The foregoing appropriation item 235406, Articulation and
Transfer, shall be used by the Chancellor of the Board of Regents
to maintain and
expand the work of the Articulation and Transfer
Council to
develop a system of transfer policies to ensure that
students at
state institutions of higher education can transfer
and have
coursework apply to their majors and degrees at any
other state
institution of higher education without unnecessary
duplication or
institutional barriers under sections 3333.16,
3333.161, and
3333.162 of the Revised Code.
Section 371.10.30. MIDWEST HIGHER EDUCATION COMPACT
The foregoing appropriation item 235408, Midwest Higher
Education Compact, shall be distributed by the Chancellor of the
Board of
Regents
under section 3333.40 of the Revised Code.
Section 371.10.40. INFORMATION SYSTEM
The foregoing appropriation item 235409, Information System,
shall be used by
the Chancellor of the Board of Regents to support
the development and implementation of information technology
solutions designed to improve the
performance and services of the
Chancellor of the Board of Regents and the University System of
Ohio.
Section 371.10.50. STATE GRANTS AND SCHOLARSHIP
ADMINISTRATION
The foregoing appropriation item 235414, State Grants and
Scholarship Administration, shall be used by the Chancellor of the
Board of Regents
to administer the following student financial
aid programs: Ohio College Opportunity Grant, Nonpublic Need-Based
Financial Aid, Ohio War Orphans'
Scholarship, Nurse Education
Assistance Loan Program, Ohio Safety Officers College
Memorial
Fund, and any other student
financial aid programs
created by
the General Assembly. The
appropriation item also
shall be used
to administer the federal
Leveraging Educational
Assistance
Partnership (LEAP) program, Special
Leveraging
Educational
Assistance Partnership (SLEAP) program, the federal
College
Access Challenge Grant (CACG), and
other student
financial aid
programs created by Congress and to
provide fiscal
services for
the Ohio National Guard Scholarship
Program.
Section 371.10.60. JOBS CHALLENGE
Except as provided in the sections of this act entitled
"Statewide Workforce Development Initiatives" and "Fiscal Year
2011 Plan for Adult Workforce Training Programs," funds
appropriated to the foregoing appropriation item
235415, Jobs
Challenge, shall be used by the Chancellor of the Board of Regents
to support state-assisted
community and
technical colleges,
regional
campuses of
state-assisted
universities, and other
organizationally distinct
and identifiable
member campuses of the
Workforce training network in
support of
noncredit job-related
training.
Support may include the promotion and delivery of coordinated
assessment and comprehensive training to local employers. The
Chancellor shall develop a formula for the distribution of funds.
Section 371.10.70. OHIO LEARNING NETWORK
The foregoing appropriation item 235417, Ohio Learning
Network, shall be
used by the Chancellor of the
Board of
Regents
to support the
continued
implementation of the
Ohio Learning
Network,
a consortium organized under division (U) of section
3333.04 of the Revised Code to expand access to adult and higher
education opportunities through technology. The funds shall be
used
by the Ohio Learning Network to develop and promote learning
and
assessment through the use of technology, to test and provide
advice on emerging learning-directed technologies, and to
facilitate cost-effectiveness through shared educational
technology investments.
Section 371.10.80. APPALACHIAN NEW ECONOMY PARTNERSHIP
The foregoing appropriation item 235428, Appalachian New
Economy Partnership, shall be distributed to Ohio University to
continue a multi-campus and multi-agency coordinated effort to
link
Appalachia to the new economy. Ohio University shall use
these
funds to provide leadership in the development and
implementation
of initiatives in the areas of entrepreneurship,
management,
education, and technology.
Section 371.10.90. ECONOMIC GROWTH CHALLENGE
The foregoing appropriation item 235433, Economic Growth
Challenge, shall be used for administrative expenses of the
Research Incentive Program and other economic advancement
initiatives undertaken by the Chancellor of the Board of Regents.
The Chancellor of the Board of Regents shall use any
appropriation transfer to the foregoing appropriation item 235433,
Economic Growth
Challenge, to enhance the basic research
capabilities of public
colleges and universities and accredited
Ohio institutions of
higher education holding certificates of
authorization issued
under section 1713.02 of the Revised
Code, in
order to
strengthen academic research for pursuing
Ohio's economic
development goals. The Chancellor shall give priority
consideration to projects that are eligible to receive federal
stimulus funds.
Section 371.20.10. CHOOSE OHIO FIRST SCHOLARSHIP
Of the foregoing appropriation item 235438, Choose Ohio First
Scholarship, up to $3,000,000 in each fiscal year shall be used by
the Chancellor of the Board of Regents to support the Ohio Woodrow
Wilson STEM Teaching Fellows Program, a program designed to
attract students with high potential and strong backgrounds in
science, technology, engineering, mathematics, and medical
disciplines to graduate programs specially designed for teacher
preparation in those disciplines.
The Chancellor shall establish a competitive process for
making awards under the Ohio Woodrow Wilson STEM Teaching Fellows
Program to Ohio institutions of higher education that develop,
transform, and implement science, technology, engineering,
mathematics, and medical teacher preparation programs.
Institutions shall be chosen based on a determination that they
have the leadership, commitment, and capacity to meet criteria as
set forth in a request for proposals issued by the Chancellor. The
request for proposals shall include criteria developed by the
Woodrow Wilson Foundation and an advisory panel of experts in
education and science, technology, engineering, mathematics, and
medical disciplines. Awards made under the Ohio Woodrow Wilson
STEM Teaching Fellows Program shall not be subject to sections
3333.60 to 3333.70 of the Revised Code or any rule adopted
pursuant to those sections.
The remainder of the foregoing appropriation item 235438,
Choose Ohio First
Scholarship, shall be used to operate the
program prescribed in sections 3333.60 to
3333.70 of the Revised
Code. Amounts disbursed to institutions shall be paid on a
reimbursement basis.
An amount equal to the unexpended, unencumbered portion of
the foregoing appropriation item 235438,
Choose Ohio First
Scholarship, at the end of fiscal year 2010
is hereby
reappropriated to the Board of Regents for the same purpose for
fiscal year 2011.
Section 371.20.20. CO-OP/INTERNSHIP PROGRAM
The foregoing appropriation item, 235441, Co-op/Internship
Program, shall be used by the Chancellor of the Board of Regents
to operate the Co-op/Internship Program under sections 3333.71 to
3333.80 of the Revised Code. Funding for eligible institutions
shall be disbursed in accordance with the terms of the agreements
entered into under section 3333.75 of the Revised Code.
At the request of the Chancellor of the Board of Regents, the
Director of Budget and Management may transfer any unexpended,
unencumbered appropriation in fiscal year 2010 or fiscal year 2011
as well as any appropriation repaid by eligible institutions
pursuant to the terms of the grant agreement from appropriation
item 235441, Co-op/Internship Program, to appropriation item
235433, Economic Growth Challenge. Any appropriation so
transferred shall be used to strengthen academic research for
pursuing Ohio's economic development goals under the Section of
this act entitled "Economic Growth Challenge".
Section 371.20.30. ADULT BASIC AND LITERACY EDUCATION
Except as provided in the Sections of this act entitled
"Statewide Workforce Development Initiatives" and "Fiscal Year
2011 Plan for Adult Workforce Training Programs", the foregoing
appropriation item 235443, Adult Basic and Literacy Education -
State, shall be used to support adult basic and literacy education
instructional programs and for the operation of an adult basic and
literacy education instructional grant program. The supported
programs shall satisfy the state match and maintenance of effort
requirements for the state-administered grant program.
Of the foregoing appropriation item 235443, Adult Basic and
Literacy Education - State, up to $507,558 in fiscal year 2010
shall be used for the support and operation of the State Literacy
Resource Center Program.
On or before August 31, 2009, the Chancellor of the Board of
Regents shall submit a funding formula to the Controlling Board
for the allocation of the foregoing appropriation item 235443,
Adult Basic and Literacy Education - State, in fiscal year 2010.
Section 371.20.40. POST-SECONDARY ADULT CAREER-TECHNICAL
EDUCATION
Except as provided in the Sections of this act entitled
"Statewide Workforce Development Initiatives" and "Fiscal Year
2011 Plan for Adult Workforce Training Programs", the foregoing
appropriation item 235444, Post-Secondary Adult Career-Technical
Education, shall be used by the Chancellor of the Board of Regents
in each fiscal year to provide post-secondary adult
career-technical education under sections 3313.52 and 3313.53 of
the Revised Code.
On or before August 31, 2009, the Chancellor of the Board of
Regents shall submit a funding formula to the Controlling Board
for the allocation of funds in fiscal year 2010.
Section 371.20.50. STATEWIDE WORKFORCE DEVELOPMENT
INITIATIVES
The Chancellor may identify amounts of the foregoing
appropriation items 235415, Jobs Challenge, 235443, Adult Basic
and Literacy Education - State, and 235444, Post-Secondary Adult
Career-Technical Education, to be used to support the Ohio Skills
Bank Program and the Stackable Certificates Program. The Ohio
Skills Bank Program seeks to align the education of Ohio's
workforce
with industry needs. The Stackable Certificates Program
consists of
competency-based, low-cost, noncredit and
credit-bearing modules
and courses in communications,
mathematics, information
technology, and other fields selected by
the Chancellor. The
program culminates in a certificate and
provides recipients
with a foundation for additional
post-secondary education.
Section 371.20.60. FISCAL YEAR 2011 PLAN FOR ADULT WORKFORCE
TRAINING PROGRAMS
Notwithstanding the Sections of this act entitled "Jobs
Challenge," "Adult Basic and Literacy Education," and
"Post-Secondary Adult Career-Technical Education," not later than
June 1, 2010, the Chancellor of the Board of Regents shall submit
for approval of the Controlling Board a plan for the integration
of funding support for the state's adult workforce training and
development programs, beginning in fiscal year 2011. Funding
support in the plan shall include appropriation items 235415, Jobs
Challenge, 235443, Adult Basic and Literacy Education - State, and
235444, Post-Secondary Adult Career-Technical Education.
The plan shall clearly define the formulas, or competitive
process, to be used for
funding the activities of adult basic and
literacy education
program providers, state literacy resource
centers, post-secondary
adult career-technical education
providers, and community
colleges. The plan may propose the
creation of new appropriation
items as necessary to support its
implementation.
Section 371.20.70. AREA HEALTH EDUCATION CENTERS
The foregoing appropriation item 235474, Area Health
Education Centers Program
Support, shall be used by the Chancellor
of the Board of
Regents to support
the
medical school regional
area health
education centers' educational
programs for the
continued support
of medical and other health
professions
education and for support
of the Area Health Education
Center
Program.
Section 371.20.80. STATE SHARE OF INSTRUCTION FORMULAS
On or before August 31, 2009, the Chancellor of the Board of
Regents shall submit to the Controlling Board funding formulas for
the allocation of
the foregoing appropriation item 235501, State
Share of
Instruction, in each fiscal year. The funding formulas
shall consider the September 2008 university and community college
recommendations submitted to the fiscal year 2009 state share of
instruction consultation, and shall include separate formulas for
state-assisted university main campuses, regional campuses of
state-assisted universities, and state-assisted community and
technical colleges.
The state share of instruction formula for state-assisted
university main campuses shall support graduate and medical
education, reward course and degree completion, and reward the
achievement of mission-specific goals. The state share of
instruction formula for regional campuses of the state-assisted
universities shall reward course completion and the achievement of
mission-specific goals. The state share of instruction formula for
state-assisted community and technical colleges shall be based on
enrollments, achievement of mission-specific goals, and measures
of student success appropriate to institutional missions.
Student-specific components of the formulas shall be weighted
for at-risk students as measured using the student's eligibility
for support from state need-based aid programs. The state share of
instruction formulas shall include allocations of Success
Challenge, Access Challenge, and any other tuition subsidy
provided in Am. Sub. H.B. 119 of the 127th General Assembly. The
state share of instruction funding formulas shall be designed to
phase in components over time.
Section 371.20.90. STATE SHARE OF INSTRUCTION FOR FISCAL
YEARS 2010 AND 2011
(A) The boards of trustees of institutions of state-assisted
higher education shall restrain increases in in-state
undergraduate instructional and general fees. For the 2009-2010
academic year, each state-assisted institution shall not increase
its in-state undergraduate instructional and general fees over
what the institution charged for the 2008-2009 academic year. For
the 2010-2011 academic year, each state-assisted community
college, state community college, technical college, and regional
campus of a state-assisted university
shall not increase its
in-state undergraduate instructional and
general fees over what
the institution charged for the 2009-2010
academic year.
These limitations shall not apply to increases required to
comply with institutional covenants related to their obligations
or to meet unfunded legal mandates or legally binding obligations
incurred or commitments made prior to the effective date of this
section with respect to which the institution had identified such
fee increases as the source of funds. Any increase required by
such covenants and any such mandates, obligations, or commitments
shall be reported by the Chancellor of the Board of Regents to the
Controlling
Board. These limitations may also be modified by the
Chancellor of the Board of
Regents, with the approval of the
Controlling Board, to respond to
exceptional circumstances as
identified by the Chancellor of the Board of Regents.
Section 371.30.10. HIGHER EDUCATION - BOARD OF TRUSTEES
Funds appropriated for instructional subsidies at colleges
and universities may be used to provide such branch or other
off-campus undergraduate courses of study and such master's
degree
courses of study as may be approved by the Chancellor of the Board
of
Regents.
In providing instructional and other services to students,
boards of trustees
of state-assisted institutions of higher
education shall supplement state
subsidies with income from
charges
to students. Except as otherwise provided in this Section,
each board shall establish the
fees to be charged to
all students,
including an instructional fee for
educational and
associated
operational support of the institution and a
general
fee for
noninstructional services, including locally financed
student
services facilities used for the benefit of enrolled
students. The
instructional fee and the general fee shall
encompass all charges
for services
assessed uniformly to all
enrolled students. Each
board may also establish
special purpose
fees, service charges,
and fines as required; such special
purpose
fees and service
charges shall be for services or benefits
furnished
individual
students or specific categories of students
and shall not be
applied uniformly to all enrolled students.
A
tuition surcharge
shall be
paid
by all students who are not
residents of Ohio.
The board of trustees of a state-assisted institution of
higher education shall not authorize a waiver or nonpayment of
instructional fees or general fees for any particular student or
any class of students other than waivers specifically authorized
by law or approved by the Chancellor. This prohibition is not
intended to limit the authority of boards of trustees to provide
for payments to students for services rendered the institution,
nor to prohibit the budgeting of income for staff benefits or for
student assistance in the form of payment of such instructional
and general fees.
Each state-assisted institution of higher education in its
statement of charges to students shall separately identify the
instructional fee, the general fee, the tuition charge, and the
tuition surcharge. Fee charges to students for instruction shall
not be considered to be a price of service but shall be
considered
to be an integral part of the state government
financing program
in support of higher educational opportunity
for students.
Notwithstanding any provision of law to the contrary, the
Chancellor of the Board of Regents may, in consultation with
state-assisted institutions of higher education, adjust the
instructional and general fee amounts charged for an associate
degree program at a state-assisted institution of higher
education for
the 2009-2010 academic year and the 2010-2011
academic year,
subject to Controlling Board approval.
The boards of trustees of state-assisted institutions of
higher education shall ensure that faculty members devote a proper
and
judicious part of their work week to the actual instruction of
students. Total class credit hours of production per quarter per
full-time faculty member is expected to meet the standards set
forth in the budget data submitted by the Chancellor of the Board
of Regents.
The authority of government vested by law in the boards of
trustees of state-assisted institutions of higher education shall
in fact be exercised by those boards. Boards of trustees may
consult extensively with appropriate student and faculty
groups.
Administrative decisions about the utilization of
available
resources, about organizational structure, about
disciplinary
procedure, about the operation and staffing of all
auxiliary
facilities, and about administrative personnel shall be
the
exclusive prerogative of boards of trustees. Any delegation
of
authority by a board of trustees in other areas of
responsibility
shall be accompanied by appropriate standards of
guidance
concerning expected objectives in the exercise of such
delegated
authority and shall be accompanied by periodic review
of the
exercise of this delegated authority to the end that the
public
interest, in contrast to any institutional or special
interest,
shall be served.
Section 371.30.20. STUDENT SUPPORT SERVICES
The foregoing appropriation item 235502, Student Support
Services, shall be
distributed by the Chancellor of the Board of
Regents to Ohio's
state-assisted colleges and
universities that
incur
disproportionate costs in the provision of support
services
to
disabled students.
Section 371.30.30. WAR ORPHANS SCHOLARSHIPS
The foregoing appropriation item 235504, War Orphans
Scholarships, shall be used to reimburse state-assisted
institutions of higher education for waivers of instructional fees
and general fees provided by them, to provide grants to
institutions that have received a certificate of authorization
from the Chancellor of the Board of Regents under Chapter 1713. of
the Revised
Code, in accordance with the provisions of section
5910.04 of the
Revised Code, and to fund additional scholarship
benefits provided
by section 5910.032 of the Revised Code.
An amount equal to the unexpended, unencumbered portion of
the foregoing appropriation item 235504, War Orphans Scholarships,
at the end of fiscal year 2010 is hereby reappropriated to the
Board of Regents for the same purpose for fiscal year 2011.
Section 371.30.40. OHIOLINK
The foregoing appropriation item 235507, OhioLINK, shall be
used by the Chancellor of the Board of Regents to support
OhioLINK, a consortium organized under division (U) of section
3333.04 of the Revised Code to serve as the state's
electronic
library information and retrieval system, which
provides access
statewide to an extensive set of electronic
databases and
resources and the library holdings of Ohio's
public and
participating private nonprofit colleges and universities, and the
State Library of Ohio.
Section 371.30.50. AIR FORCE INSTITUTE OF TECHNOLOGY
The foregoing appropriation item 235508, Air Force Institute
of Technology, shall be used to strengthen the research and
educational linkages between the Wright Patterson Air Force Base
and institutions of higher education in Ohio. Projects supported
may include research projects
that connect the Air Force Research
Laboratories with university
partners. The institute shall
provide annual reports to the Third
Frontier Commission that
discuss existing, planned, or possible
collaborations between
programs and funding recipients related to
technology, research
development, commercialization, and support
for Ohio's economic
development.
Section 371.30.60. OHIO SUPERCOMPUTER CENTER
The foregoing appropriation item 235510, Ohio
Supercomputer
Center, shall be used by the Chancellor of the Board of Regents
to
support the
operation of the Ohio Supercomputer Center, a
consortium organized under division (U) of section 3333.04 of the
Revised Code, located at The Ohio
State
University. The Ohio
Supercomputer Center is a statewide resource available to
Ohio
research universities both
public and private. It is also
intended
that the center be made
accessible to private industry
as
appropriate.
Funds shall be used, in part, to support the Ohio
Supercomputer Center's Computational Science Initiative, which
includes its industrial outreach program, Blue Collar Computing,
and its School of Computational Science. These collaborations
between the Ohio Supercomputer Center and Ohio's colleges and
universities shall be aimed at making Ohio a leader in using
computer modeling to promote economic development.
Section 371.30.70. COOPERATIVE EXTENSION SERVICE
The foregoing appropriation item 235511, Cooperative
Extension Service, shall be disbursed through the Chancellor of
the Board of Regents
to The Ohio State University in monthly
payments, unless otherwise
determined by the Director of Budget
and Management under section
126.09 of the Revised Code.
Section 371.30.80. OHIO UNIVERSITY VOINOVICH CENTER
The foregoing appropriation item 235513, Ohio University
Voinovich Center, shall be used by the Chancellor of the Board of
Regents to support
the operations of Ohio University's Voinovich
Center.
Section 371.30.90. CENTRAL STATE SUPPLEMENT
The foregoing appropriation item 235514, Central State
Supplement, shall be used by Central State University to keep
undergraduate fees below the statewide average, consistent with
its mission of service to many first-generation college students
from groups historically underrepresented in higher education and
from families with limited incomes.
Section 371.40.10. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF
MEDICINE
The foregoing appropriation item 235515, Case Western
Reserve
University School of
Medicine, shall be disbursed to Case
Western
Reserve University
through the Chancellor of the Board of Regents
in
accordance with
agreements
entered into under section
3333.10
of
the Revised
Code, provided that the state support per
full-time
medical
student shall not exceed that provided to
full-time
medical
students at state universities.
Section 371.40.20. FAMILY PRACTICE
The Chancellor of the Board of Regents shall develop plans
consistent with
existing criteria and guidelines as may be
required for the
distribution of appropriation item 235519,
Family Practice.
Section 371.40.30. SHAWNEE STATE SUPPLEMENT
The foregoing appropriation item 235520, Shawnee State
Supplement, shall be used by Shawnee State University as detailed
by both of the following:
(A) To allow Shawnee State University to keep its
undergraduate
fees below the statewide average, consistent with
its mission of service to an
economically depressed Appalachian
region;
(B) To allow Shawnee State University to employ new faculty
to develop and
teach in new degree programs that meet the needs of
Appalachians.
Section 371.40.40. OSU JOHN GLENN SCHOOL OF PUBLIC AFFAIRS
The foregoing appropriation item 235521, The Ohio State
University John Glenn School of Public Affairs, shall be used by
the Chancellor of the Board of Regents to support the operations
of The Ohio State
University's John Glenn School of Public
Affairs.
Section 371.40.50. POLICE AND FIRE PROTECTION
The foregoing appropriation item 235524, Police and Fire
Protection, shall be
used for police and fire services in the
municipalities of Kent, Athens,
Oxford, Fairborn, Bowling Green,
Portsmouth, Xenia Township (Greene County),
Rootstown
Township,
and the City of Nelsonville that may be used to assist these local
governments in
providing police and fire protection for the
central campus of the
state-affiliated university located therein.
Section 371.40.60. GERIATRIC MEDICINE
The Chancellor of the Board of Regents shall develop plans
consistent
with
existing criteria and guidelines as may be
required for the
distribution of appropriation item 235525,
Geriatric Medicine.
Section 371.40.70. PRIMARY CARE RESIDENCIES
The Chancellor of the Board of Regents shall develop plans
consistent with
existing criteria and guidelines as may be
required for the
distribution of appropriation item 235526,
Primary Care
Residencies.
The foregoing appropriation item 235526, Primary Care
Residencies, shall be distributed in each fiscal year of the
biennium, based on whether or not the institution has submitted
and gained approval for a plan. If the institution does not have
an approved plan, it shall receive five per cent less funding per
student than it would have received from its annual allocation.
The remaining funding shall be distributed among those
institutions that meet or exceed their targets.
Section 371.40.80. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT
CENTER
The foregoing appropriation item 235535, Ohio Agricultural
Research and Development Center, shall be disbursed through the
Chancellor of the
Board of Regents to The Ohio State University in
monthly payments,
unless otherwise determined by the Director of
Budget and
Management under section 126.09 of the Revised Code.
The Ohio
Agricultural Research and Development Center shall not
be required
to remit payment to The Ohio State University during
the biennium
ending June 30, 2011, for cost reallocation
assessments. The cost
reallocation assessments include, but are
not limited to, any
assessment on state appropriations to the
Center.
The Ohio Agricultural Research and Development Center, an
entity of the College of Food, Agricultural, and Environmental
Sciences of The Ohio State University, shall further its mission
of enhancing Ohio's economic development and job creation by
continuing to internally allocate on a competitive basis
appropriated funding of programs based on demonstrated
performance. Academic units, faculty, and faculty-driven programs
shall be evaluated and rewarded consistent with agreed-upon
performance expectations as called for in the College's
Expectations and Criteria for Performance Assessment.
Section 371.40.90. STATE UNIVERSITY CLINICAL TEACHING
The foregoing appropriation items 235536, The Ohio State
University Clinical Teaching; 235537, University of Cincinnati
Clinical Teaching; 235538, University of Toledo Clinical
Teaching; 235539, Wright State University Clinical Teaching;
235540, Ohio University Clinical Teaching; and 235541,
Northeastern Ohio Universities College of Medicine Clinical
Teaching, shall be distributed through the Chancellor of the Board
of Regents.
Section 371.50.10. CAPITAL COMPONENT
The foregoing appropriation item 235552, Capital Component,
shall be used by
the Chancellor of the Board of Regents to
implement the
capital
funding policy for
state-assisted colleges
and
universities
established in Am. H.B. 748 of
the
121st General
Assembly.
Appropriations from this item shall be distributed to
all campuses
for which the estimated campus debt service
attributable to new
qualifying capital projects is
less than the
campus's
formula-determined capital component allocation. Campus
allocations shall be determined by subtracting the estimated
campus debt
service attributable to new qualifying capital
projects
from the campus's formula-determined capital component
allocation. Moneys distributed from this appropriation item shall
be
restricted to capital-related purposes.
Any campus for which the estimated campus debt service
attributable to qualifying capital projects is greater than the
campus's formula-determined capital component allocation shall
have the difference subtracted from its State Share of Instruction
allocation in each fiscal year. Appropriation equal to the sum of
all such amounts except that of the Ohio Agricultural Research and
Development Center shall
be transferred from appropriation item
235501, State Share of
Instruction, to appropriation item 235552,
Capital Component. Appropriation equal to any estimated Ohio
Agricultural Research and Development Center debt service
attributable to qualifying capital projects that is greater than
the Center's formula-determined capital component allocation shall
be transferred from appropriation item 235535, Ohio Agricultural
Research and Development Center, to appropriation item 235552,
Capital Component.
Section 371.50.20. LIBRARY DEPOSITORIES
The foregoing appropriation item, 235555, Library
Depositories, shall be distributed to the state's five regional
depository libraries for the cost-effective storage of and access
to lesser-used materials in university library collections. The
depositories shall be administrated by the Chancellor of the Board
of
Regents.
Section 371.50.30. OHIO ACADEMIC RESOURCES NETWORK (OARNET)
The foregoing appropriation item 235556, Ohio Academic
Resources Network,
shall be used by the Chancellor of the Board of
Regents to support the
operations of the
Ohio Academic Resources
Network, a consortium organized under division (U) of section
3333.04 of the Revised Code, which shall include support
for
Ohio's colleges and universities in maintaining and
enhancing
network connections, using new network
technologies to improve
research, education, and economic
development programs, and
sharing information technology services. The network shall give
priority to
supporting the Third Frontier Network and allocating
bandwidth to
programs directly supporting Ohio's economic
development.
Section 371.50.40. LONG-TERM CARE RESEARCH
The foregoing appropriation item 235558, Long-term Care
Research, shall be disbursed to Miami
University for long-term
care research.
Section 371.50.50. OHIO COLLEGE OPPORTUNITY GRANT
The foregoing appropriation item 235563, Ohio College
Opportunity Grant, shall be used by the Chancellor of the Board of
Regents to award needs-based financial aid to students enrolled in
eligible public institutions of higher education, excluding early
college high school
and post-secondary enrollment option
participants.
An amount equal to the unexpended, unencumbered portion of
the foregoing appropriation item 235563, Ohio College Opportunity
Grant, at the end of fiscal year 2010 is hereby reappropriated to
the Board of Regents for the same purpose for fiscal year 2011.
On or before August 31, 2009, the Chancellor of the Board of
Regents shall submit funding formulas to the Controlling Board for
the 2009-2010 academic year
and allocations of Ohio College
Opportunity Grant awards not already
specified in section
3333.122 of the Revised Code.
Section 371.50.60. CENTRAL STATE UNIVERSITY SPEED TO SCALE
The foregoing appropriation 235567, Central State University
Speed to Scale, shall be used to achieve the goals of the Speed to
Scale Plan, which include increasing student enrollment through
freshman recruitment and transferred students, increasing the
proportion of in-state students to 80 per cent of the total
student population, and increasing the student retention rates
between the first and second year of college by two per cent each
year. The goals shall be accomplished by the targeting of student
retention, improved articulation agreements with two-year
campuses, increased use of alternative course options, including
online coursework and Ohio Learning Network resources, College
Tech Prep, Post Secondary Enrollment Options, and other
dual-credit programs, and strategic partnerships with research
institutions to improve the quality of Central State University's
offering of science, technology, engineering, mathematics, and
medical instruction. In fiscal year 2010, the disbursement of
these funds shall be contingent upon Central State University
meeting the annual goals for the student enrollment and retention
rate increases.
The Speed to Scale Task Force shall meet not less than
quarterly to discuss progress of the
plan, including performance
on accountability metrics and issues
experienced in planned
efforts, and to monitor and support the
creation of partnerships
with other state institutions of higher
education. The Task Force
shall consist of the president of
Central State University or the
president's designee, the
president of Sinclair Community College
or the president's
designee, the president of Cincinnati State
Technical and
Community College or the president's designee, the
president of
Cuyahoga Community College or the president's
designee, the president of The Ohio
State University or the
president's designee, the president of the
University of
Cincinnati or the president's designee, the president of Wright
State University or the president's designee, one
representative
from the Board of Regents, one member of the House
of
Representatives appointed by the Speaker of the House of
Representatives, one member of the Senate appointed by the
President of the Senate, the Director of Budget and Management or
the director's designee, and a representative of the Governor's
Office appointed by the Governor.
On the thirtieth day of June of each fiscal year, Central
State University and the Speed to Scale Task Force shall jointly
submit to the Governor, the Director of Budget and Management, the
Speaker of the House of Representatives, the President of the
Senate, and the Board of Regents a report describing the status of
their progress on the accountability metrics included in the Speed
to Scale Plan.
Section 371.50.70. THE OHIO STATE UNIVERSITY CLINIC SUPPORT
The foregoing appropriation item 235572, The Ohio State
University Clinic
Support,
shall be distributed through the
Chancellor of the
Board
of Regents
to The Ohio
State University
for support of
dental and
veterinary
medicine
clinics.
Section 371.50.80. NONPUBLIC NEED-BASED FINANCIAL AID
The foregoing appropriation item 235576, Nonpublic Need-Based
Financial Aid, shall be used to support need-based financial aid
block grants under division (D) of section 3333.122 of the Revised
Code.
Of the foregoing appropriation item 235576, Nonpublic
Need-Based Financial Aid, $40,000,000 in each fiscal year shall be
used to support the block grant for private, nonprofit
institutions of higher education.
Of the foregoing appropriation item 235576, Nonpublic
Need-Based Financial Aid, $30,000,000 in each fiscal year shall be
used to support the block grant for proprietary post-secondary
institutions of higher education.
On or before August 31, 2009, the Chancellor of the Board of
Regents shall submit allocation formulas to the Controlling Board
for the 2009-2010 academic year
allocations of awards under
division (D) of section 3333.122 of
the Revised Code.
Section 371.50.90. HAZARDOUS MATERIALS PROGRAM
The foregoing appropriation item 235596, Hazardous Materials
Program, shall
be
used by the Chancellor of the Board of Regents
to make awards for the establishment or continued development and
support of hazardous materials education, studies, or programs at
Ohio institutions of higher education.
Section 371.60.10. NATIONAL GUARD SCHOLARSHIP PROGRAM
The Chancellor of the Board of Regents shall disburse funds
from appropriation
item 235599,
National Guard Scholarship
Program, at the
direction
of the Adjutant
General. During each
fiscal year, the Chancellor of the Board of
Regents, within ten
days of cancellation, may certify to the
Director of Budget and
Management the amount of canceled
prior-year encumbrances in
appropriation item 235599, National
Guard Scholarship Program.
Upon receipt of the certification, the
Director of Budget and
Management may transfer cash in an amount up to the amount
certified from the General Revenue Fund to the National
Guard
Scholarship Reserve Fund (Fund 5BM0). Upon the request of
the
Adjutant General, the Chancellor of the Board of Regents shall
seek Controlling
Board approval to authorize additional
expenditures for
appropriation item 235623,
National Guard
Scholarship Reserve
Fund. Upon approval of the Controlling Board,
the additional
amounts are hereby appropriated. The Chancellor of
the Board of
Regents
shall disburse funds from appropriation
item 235623,
National
Guard Scholarship Reserve Fund, at the
direction of the
Adjutant
General.
*Section 371.60.20. PLEDGE OF FEES
Any new pledge of fees, or new agreement for adjustment of
fees, made in the biennium ending June 30, 2011, to secure bonds
or notes of
a
state-assisted institution of higher education for a
project
for
which bonds or notes were not outstanding on the
effective date of this section shall be effective only after
approval by the Chancellor of the
Board
of Regents, unless
approved in a previous
biennium.
Section 371.60.30. HIGHER EDUCATION GENERAL OBLIGATION DEBT
SERVICE
The foregoing appropriation item 235909, Higher Education
General Obligation Debt Service, shall be used to pay all debt
service and related financing costs at the times they are required
to be made for obligations issued during the period from July 1,
2009, to June 30, 2011, under sections 151.01 and 151.04 of the
Revised Code.
Section 371.60.40. SALES AND SERVICES
The Chancellor of the Board of Regents is authorized to
charge and accept
payment for the provision of goods and
services. Such charges
shall be reasonably related to the cost of
producing the goods and
services. No charges may be levied for
goods or services that are
produced as part of the routine
responsibilities or duties of the
Chancellor. All revenues
received by the Chancellor of the Board of Regents shall be
deposited into Fund 4560, and may be used by the Chancellor of the
Board of Regents
to pay for the costs of producing the goods and
services.
Section 371.60.50. HIGHER EDUCATIONAL FACILITY
COMMISSION
ADMINISTRATION
The foregoing appropriation item 235602, Higher Educational
Facility Commission
Administration, shall be used by the
Chancellor of the Board of
Regents for
operating expenses related
to the Chancellor of the Board of Regents'
support of
the
activities of the Ohio Higher Educational Facility
Commission.
Upon the request of the Chancellor, the Director of
Budget and
Management shall transfer up to $45,000 cash in fiscal
year 2010
and up to $45,000 cash in fiscal year 2011 from the HEFC Operating
Expenses Fund (Fund
4610)
to the HEFC Administration Fund (Fund
4E80).
Section 371.60.60. NURSING LOAN PROGRAM
The foregoing appropriation item 235606, Nursing Loan
Program, shall be used to administer the nurse education
assistance program. Up to $167,580 in each fiscal year may be used
for operating expenses
associated with the program. Any additional
funds needed for the
administration of the program are subject to
Controlling Board
approval.
Section 371.60.70. VETERANS' PREFERENCES
The Chancellor of the Board of Regents shall work with the
Department of
Veterans' Services
to develop specific veterans'
preference
guidelines for higher education
institutions. These
guidelines
shall ensure that the institutions' hiring
practices
are in
accordance with the intent of Ohio's veterans' preference
laws.
Section 371.60.80. STATE NEED-BASED FINANCIAL AID
RECONCILIATION
By the first day of August in each fiscal year, or as soon as
possible thereafter, the Chancellor of the Ohio Board of Regents
shall certify to
the Director of Budget and Management the amount
necessary to pay
any outstanding prior year obligations to higher
education
institutions for the state's need-based financial aid
programs.
The amounts certified are hereby appropriated to
appropriation
item 235618, State Need-based Financial Aid
Reconciliation, from
revenues received in the State Need-based
Financial Aid
Reconciliation Fund (Fund 5Y50).
Section 371.60.90. TRANSFERS TO STATE NEED-BASED FINANCIAL
AID PROGRAMS
In each fiscal year of the biennium, if the Chancellor of the
Board of Regents determines that additional funds are needed to
support the distribution of state need-based financial aid in
accordance with section 3333.122 of the Revised Code,
the
Chancellor shall recommend the reallocation of the unexpended,
unencumbered portions of General Revenue Fund
appropriation items
in the Board of Regents to appropriation
item 235563, Ohio
College
Opportunity Grant. If the Director of Budget and
Management
determines that such a reallocation is required, the
Director may
transfer appropriation in an amount not to exceed
those unexpended, unencumbered General Revenue Fund appropriations
in
the Board of Regents as necessary to
appropriation item
235563, Ohio College
Opportunity Grant.
If those transferred appropriations are not sufficient to
support the
distribution of state need-based financial aid in
accordance with
section 3333.122 of the Revised Code
in each
fiscal
year, the Director of Budget and Management may
authorize
expenditures in excess of the amounts appropriated, but not to
exceed $5,000,000 in each fiscal year from
appropriation
item
235563, Ohio College
Opportunity Grant. Upon approval of the
Director of Budget and Management, the additional amounts are
hereby appropriated.
Section 371.70.10. EFFICIENCY SAVINGS
Each state-assisted institution of higher education, as
defined in section 3345.011 of the Revised Code, shall demonstrate
at least a three per cent savings through internal efficiencies in
each fiscal year. Institutions shall identify savings to the
Chancellor of the Board of Regents, who shall certify the amount
of savings of each institution.
Section 371.70.20. OHIO TUITION TRUST AUTHORITY BECOMES
ADVISORY BOARD TO CHANCELLOR
(A) On and after the effective date of this
section:
(1) The Ohio Tuition Trust Authority, as established by
former section 3334.03 of the Revised Code, shall become the Ohio
Tuition Trust Advisory Board charged with the duty to advise the
Chancellor of the Ohio Board of Regents in carrying out the
Chancellor's duties.
(2) The Chancellor of the Ohio Board of Regents shall have
the powers and duties formerly prescribed to and duties of the
Ohio Tuition Trust Authority and any other powers and duties
granted to the Chancellor by law enacted after the effective date
of this section.
(3) The Chancellor is thereupon and thereafter successor to,
assumes obligations of, and otherwise constitutes the continuation
of the Ohio Tuition Trust Authority.
(4) Any business commenced but not completed by the Ohio
Tuition Trust Authority shall be completed by the Chancellor in
the same manner, with the same effect, as if completed by the
Authority. No validation, cure, right, privilege, remedy,
obligation, or liability is lost or impaired by reason of the
change in powers and duties prescribed in the provisions amended
and enacted by this act.
(5) All rules of the Ohio Tuition Trust Authority continue in
effect as rules of the Chancellor, until amended or rescinded by
the Chancellor.
(6) Except as otherwise specified in section 3334.031 of the
Revised Code or another provision of law enacted after the
effective date of this section, when the Ohio Tuition Trust
Authority is referred to in any statute, rule, contract, grant, or
other document, the reference shall be construed to refer to the
Chancellor.
(B) No judicial or administrative action or proceeding in
which the Ohio Tuition Trust Authority is a party that is pending
on the effective date of this section, is affected by the change
in powers and duties prescribed in the provisions amended and
enacted by this act. Such action or proceeding shall be prosecuted
or defended in the name of the Chancellor. On application to the
court or other tribunal, the Chancellor shall be substituted for
the Ohio Tuition Trust Authority as a party to such action or
proceeding.
(C) Subject to division (C) of section 3334.08 of the Revised
Code, personnel of the Ohio Tuition Trust Authority remain subject
to the appointment by and continue to serve at the pleasure of the
Chancellor.
(D) On the effective date of this section, all books,
records, documents, files, transcripts, equipment, furniture,
supplies, and other materials assigned to or in the possession of
the Ohio Tuition Trust Authority shall be transferred to the
Chancellor.
Section 375.10. DRC DEPARTMENT OF REHABILITATION AND
CORRECTION
| General Revenue Fund |
|
|
|
|
|
|
| GRF |
501321 |
|
Institutional Operations |
|
$ |
884,288,147 |
|
$ |
884,530,244 |
| GRF |
501403 |
|
Prisoner Compensation |
|
$ |
8,559,255 |
|
$ |
8,599,255 |
| GRF |
501405 |
|
Halfway House |
|
$ |
41,054,799 |
|
$ |
42,286,443 |
| GRF |
501406 |
|
Lease Rental Payments |
|
$ |
101,578,100 |
|
$ |
98,080,200 |
| GRF |
501407 |
|
Community Nonresidential Programs |
|
$ |
21,925,802 |
|
$ |
22,431,567 |
| GRF |
501408 |
|
Community Misdemeanor Programs |
|
$ |
11,092,468 |
|
$ |
11,380,242 |
| GRF |
501501 |
|
Community Residential
Programs - CBCF |
|
$ |
62,517,256 |
|
$ |
64,281,774 |
| GRF |
501620 |
|
Institutional Operations - Federal Stimulus |
|
$ |
24,800,000 |
|
$ |
34,200,000 |
| GRF |
502321 |
|
Mental Health Services |
|
$ |
80,844,321 |
|
$ |
84,462,467 |
| GRF |
503321 |
|
Parole and Community Operations |
|
$ |
75,785,243 |
|
$ |
77,326,155 |
| GRF |
504321 |
|
Administrative Operations |
|
$ |
26,288,606 |
|
$ |
27,069,477 |
| GRF |
505321 |
|
Institution Medical Services |
|
$ |
252,462,498 |
|
$ |
251,763,268 |
| GRF |
506321 |
|
Institution Education Services |
|
$ |
22,730,539 |
|
$ |
23,183,959 |
| GRF |
507321 |
|
Institution Recovery Services |
|
$ |
5,025,028 |
|
$ |
5,899,110 |
| TOTAL GRF General Revenue Fund
|
|
$ |
1,618,992,062 |
|
$ |
1,635,494,161 |
General Services Fund Group
| 1480 |
501602 |
|
Services and Agricultural |
|
$ |
108,290,058 |
|
$ |
111,062,533 |
| 2000 |
501607 |
|
Ohio Penal Industries |
|
$ |
40,845,414 |
|
$ |
40,845,414 |
| 4830 |
501605 |
|
Property Receipts |
|
$ |
255,015 |
|
$ |
261,315 |
| 4B00 |
501601 |
|
Sewer Treatment Services |
|
$ |
2,467,630 |
|
$ |
2,529,828 |
| 4D40 |
501603 |
|
Prisoner Programs |
|
$ |
14,600,000 |
|
$ |
14,800,000 |
| 4L40 |
501604 |
|
Transitional Control |
|
$ |
2,042,548 |
|
$ |
2,051,451 |
| 4S50 |
501608 |
|
Education Services |
|
$ |
2,800,000 |
|
$ |
3,000,000 |
| 5710 |
501606 |
|
Training Academy Receipts |
|
$ |
75,190 |
|
$ |
75,190 |
| 5930 |
501618 |
|
Laboratory Services |
|
$ |
6,476,314 |
|
$ |
6,740,260 |
| 5AF0 |
501609 |
|
State and Non-Federal Awards |
|
$ |
262,718 |
|
$ |
262,718 |
| 5H80 |
501617 |
|
Offender Financial Responsibility |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
| 5L60 |
501611 |
|
Information Technology Services |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
| TOTAL GSF General Services Fund Group |
|
$ |
182,114,887 |
|
$ |
185,628,709 |
Federal Special Revenue Fund Group
| 3230 |
501619 |
|
Federal Grants |
|
$ |
12,198,353 |
|
$ |
12,198,353 |
| 3S10 |
501615 |
|
Truth-In-Sentencing Grants |
|
$ |
8,251,241 |
|
$ |
0 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
20,449,594 |
|
$ |
12,198,353 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,821,556,543 |
|
$ |
1,833,321,223 |
OHIO BUILDING AUTHORITY LEASE PAYMENTS
The foregoing appropriation item 501406, Lease Rental
Payments, shall be used to meet all payments during the period
from July 1, 2009, to June 30, 2011, under the primary leases and
agreements for those
buildings made
under Chapter 152. of the
Revised Code. These appropriations are the source of funds pledged
for bond service charges or obligations issued pursuant to Chapter
152. of the Revised Code.
Money from the foregoing appropriation item 501403,
Prisoner
Compensation, shall be transferred on a quarterly basis
by
intrastate transfer voucher to the Services and Agricultural Fund
(Fund 1480)
for the purposes of paying
prisoner compensation.
Notwithstanding section 341.192 of the Revised Code, at the
request of the Department of Rehabilitation and Correction, The
Ohio State University Medical Center, including the James Cancer
Hospital and Solove Research Institute and the Richard M. Ross
Heart Hospital, shall provide necessary care to persons who are
confined in state adult correctional facilities. The provision of
necessary care shall be billed to the Department at a rate not to
exceed the authorized reimbursement rate for the same service
established by the Department of Job and Family Services under the
Medical Assistance Program.
Section 377.10. RSC REHABILITATION SERVICES COMMISSION
| GRF |
415402 |
|
Independent Living Council |
|
$ |
360,000 |
|
$ |
360,000 |
| GRF |
415406 |
|
Assistive Technology |
|
$ |
38,025 |
|
$ |
38,025 |
| GRF |
415431 |
|
Office for People with Brain Injury |
|
$ |
180,810 |
|
$ |
180,810 |
| GRF |
415506 |
|
Services for People with Disabilities |
|
$ |
18,738,043 |
|
$ |
18,738,043 |
| GRF |
415508 |
|
Services for the Deaf |
|
$ |
40,000 |
|
$ |
40,000 |
| TOTAL GRF General Revenue Fund |
|
$ |
19,356,878 |
|
$ |
19,356,878 |
General Services Fund Group
| 4670 |
415609 |
|
Business Enterprise Operating Expenses |
|
$ |
1,393,002 |
|
$ |
1,389,851 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
1,393,002 |
|
$ |
1,389,851 |
Federal Special Revenue Fund Group
| 3170 |
415620 |
|
Disability Determination |
|
$ |
81,685,226 |
|
$ |
83,498,461 |
| 3790 |
415616 |
|
Federal - Vocational Rehabilitation |
|
$ |
129,835,624 |
|
$ |
130,910,654 |
| 3L10 |
415601 |
|
Social Security Personal Care Assistance |
|
$ |
3,000,000 |
|
$ |
2,700,000 |
| 3L10 |
415605 |
|
Social Security Community Centers for the Deaf |
|
$ |
750,000 |
|
$ |
750,000 |
| 3L10 |
415608 |
|
Social Security Special Programs/Assistance |
|
$ |
1,752,714 |
|
$ |
1,884,714 |
| 3L40 |
415612 |
|
Federal Independent Living Centers or Services |
|
$ |
620,880 |
|
$ |
620,880 |
| 3L40 |
415615 |
|
Federal - Supported Employment |
|
$ |
883,214 |
|
$ |
839,054 |
| 3L40 |
415617 |
|
Independent Living/Vocational Rehabilitation Programs |
|
$ |
1,951,862 |
|
$ |
1,953,293 |
| TOTAL FED Federal Special |
|
|
|
|
|
|
| Revenue Fund Group |
|
$ |
220,479,520 |
|
$ |
223,157,056 |
State Special Revenue Fund Group
| 4680 |
415618 |
|
Third Party Funding |
|
$ |
5,008,974 |
|
$ |
5,008,974 |
| 4L10 |
415619 |
|
Services for Rehabilitation |
|
$ |
4,067,773 |
|
$ |
3,994,154 |
| 4W50 |
415606 |
|
Program Management Expenses |
|
$ |
15,620,782 |
|
$ |
15,767,803 |
| TOTAL SSR State Special |
|
|
|
|
|
|
| Revenue Fund Group |
|
$ |
24,697,529 |
|
$ |
24,770,931 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
265,926,929 |
|
$ |
268,674,716 |
INDEPENDENT LIVING COUNCIL
The foregoing appropriation
item 415402, Independent Living
Council, shall be
used to fund the
operations of the State
Independent Living
Council and shall be used to support state
independent living centers and independent living services under
Title VII of the Independent Living Services and Centers for
Independent Living of the Rehabilitation Act Amendments of 1992,
106 Stat. 4344, 29 U.S.C. 796d.
The foregoing appropriation item 415406, Assistive
Technology, shall be provided to Assistive Technology of Ohio and
used to provide grants and assistive technology services under the
program for people with disabilities in the State of Ohio.
OFFICE FOR PEOPLE WITH BRAIN INJURY
The foregoing appropriation item 415431, Office for
People
with Brain
Injury, shall be used to plan and
coordinate
head-injury-related
services provided by state agencies
and other
government or
private entities, to assess the needs for
such
services, and to
set priorities in this area.
VOCATIONAL REHABILITATION SERVICES
The foregoing appropriation item 415506, Services for People
with Disabilities, shall be used as state matching funds to
provide vocational rehabilitation services to eligible consumers.
The foregoing appropriation item 415508, Services for the
Deaf, shall be used to provide grants to community centers for the
deaf. These funds shall not be provided in lieu of Social Security
reimbursement funds.
INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS
The foregoing appropriation item 415617, Independent
Living/Vocational
Rehabilitation Programs, shall be used to
support vocational rehabilitation
programs.
SOCIAL SECURITY REIMBURSEMENT FUNDS
Reimbursement funds received from the Social Security
Administration, United States Department of Health and Human
Services, for
the costs of providing services and training to
return disability
recipients to gainful employment shall be
expended from the Social
Security Reimbursement Fund (Fund 3L10),
to the
extent funds are available, as follows:
(A) Appropriation item 415601, Social Security Personal
Care
Assistance, to provide personal care
services in accordance
with
section 3304.41 of the Revised Code;
(B) Appropriation item 415605, Social Security Community
Centers for the Deaf, to provide grants to community centers for
the deaf in Ohio for services to individuals with hearing
impairments; and
(C) Appropriation item 415608, Social Security Special
Programs/Assistance,
to provide vocational rehabilitation services
to
individuals with severe
disabilities who are Social Security
beneficiaries, to enable them to achieve competitive
employment.
This appropriation item shall also
be used to pay a portion of
indirect costs of the Personal Care Assistance Program and the
Independent Living Programs as
mandated
by federal OMB Circular
A-87.
PROGRAM MANAGEMENT EXPENSES
The foregoing appropriation item 415606, Program Management
Expenses,
shall be used to support the administrative functions
of
the commission related to the provision of vocational
rehabilitation, disability determination services, and ancillary
programs.
Section 379.10. RCB RESPIRATORY CARE BOARD
General Services Fund Group
| 4K90 |
872609 |
|
Operating Expenses |
|
$ |
495,689 |
|
$ |
495,689 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
495,689 |
|
$ |
495,689 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
495,689 |
|
$ |
495,689 |
Section 381.10. RDF REVENUE DISTRIBUTION FUNDS
Volunteer Firefighters' Dependents Fund
| 7085 |
800985 |
|
Volunteer Firemen's Dependents Fund |
|
$ |
300,000 |
|
$ |
300,000 |
| TOTAL 085 Volunteer Firefighters' |
|
|
|
|
|
|
| Dependents Fund |
|
$ |
300,000 |
|
$ |
300,000 |
| Agency Fund Group |
|
|
|
|
|
|
| 4P80 |
001698 |
|
Cash Management Improvement Fund |
|
$ |
3,100,000 |
|
$ |
3,100,000 |
| 6080 |
001699 |
|
Investment Earnings |
|
$ |
250,000,000 |
|
$ |
250,000,000 |
| 7062 |
110962 |
|
Resort Area Excise Tax |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
| 7063 |
110963 |
|
Permissive Tax Distribution |
|
$ |
1,849,000,000 |
|
$ |
1,849,000,000 |
| 7067 |
110967 |
|
School District Income Tax |
|
$ |
350,000,000 |
|
$ |
350,000,000 |
| TOTAL AGY Agency Fund Group |
|
$ |
2,453,100,000 |
|
$ |
2,453,100,000 |
Holding Account Redistribution
| R045 |
110617 |
|
International Fuel Tax Distribution |
|
$ |
50,000,000 |
|
$ |
50,000,000 |
| TOTAL 090 Holding Account Redistribution Fund |
|
$ |
50,000,000 |
|
$ |
50,000,000 |
| Revenue Distribution Fund Group |
|
|
|
|
|
|
| 7049 |
038900 |
|
Indigent Drivers Alcohol Treatment |
|
$ |
1,832,000 |
|
$ |
1,832,000 |
| 7050 |
762900 |
|
International Registration Plan Distribution |
|
$ |
30,000,000 |
|
$ |
30,000,000 |
| 7051 |
762901 |
|
Auto Registration Distribution |
|
$ |
539,000,000 |
|
$ |
539,000,000 |
| 7054 |
110954 |
|
Local Government Property Tax Replacement - Utility |
|
$ |
95,125,000 |
|
$ |
95,125,000 |
| 7060 |
110960 |
|
Gasoline Excise Tax Fund |
|
$ |
375,000,000 |
|
$ |
375,000,000 |
| 7065 |
110965 |
|
Public Library Fund |
|
$ |
401,100,000 |
|
$ |
402,400,000 |
| 7066 |
800966 |
|
Undivided Liquor Permits |
|
$ |
13,500,000 |
|
$ |
13,500,000 |
| 7068 |
110968 |
|
State and Local Government Highway Distribution |
|
$ |
242,500,000 |
|
$ |
242,500,000 |
| 7069 |
110969 |
|
Local Government Fund |
|
$ |
673,700,000 |
|
$ |
676,000,000 |
| 7081 |
110981 |
|
Local Government Property Tax Replacement-Business |
|
$ |
366,800,000 |
|
$ |
366,800,000 |
| 7082 |
110982 |
|
Horse Racing Tax |
|
$ |
130,000 |
|
$ |
130,000 |
| 7083 |
700900 |
|
Ohio Fairs Fund |
|
$ |
2,325,000 |
|
$ |
2,325,000 |
| TOTAL RDF Revenue Distribution |
|
|
|
|
|
|
| Fund Group |
|
$ |
2,741,012,000 |
|
$ |
2,744,612,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
5,244,412,000 |
|
$ |
5,248,012,000 |
ADDITIONAL APPROPRIATIONS
Appropriation items in this section shall be used for
the
purpose of administering and distributing the designated
revenue
distribution funds according to the Revised Code. If it
is
determined that additional appropriations are necessary for this
purpose, such
amounts are hereby appropriated.
GENERAL REVENUE FUND TRANSFERS TO LOCAL GOVERNMENT TANGIBLE
PROPERTY
TAX REPLACEMENT FUND (FUND 7081)
Notwithstanding any provision of law to the contrary, in
fiscal year 2010 and fiscal year 2011, the Director of Budget and
Management may transfer from the General Revenue Fund to the Local
Government Tangible Property Tax Replacement Fund (Fund 7081) in
the
Revenue Distribution Fund, those amounts necessary to
reimburse
local taxing units under section 5751.22 of the Revised
Code.
Also, in fiscal year 2010 and fiscal year 2011, the
Director of
Budget and Management may make temporary transfers
from the
General Revenue Fund to ensure sufficient balances in
the Local
Government Tangible Property Tax Replacement Fund (Fund
7081)
and
to replenish the General Revenue Fund for such
transfers.
Section 383.10. SAN BOARD OF SANITARIAN REGISTRATION
General Services Fund Group
| 4K90 |
893609 |
|
Operating Expenses |
|
$ |
138,551 |
|
$ |
138,551 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
138,551 |
|
$ |
138,551 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
138,551 |
|
$ |
138,551 |
Section 385.10. SFC SCHOOL FACILITIES COMMISSION
| GRF |
230908 |
|
Common Schools General Obligation Debt Service |
|
$ |
192,559,200 |
|
$ |
165,510,500 |
| TOTAL GRF General Revenue Fund |
|
$ |
192,559,200 |
|
$ |
165,510,500 |
State Special Revenue Fund Group
| 5E30 |
230644 |
|
Operating Expenses |
|
$ |
9,885,436 |
|
$ |
10,132,034 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
9,885,436 |
|
$ |
10,132,034 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
202,444,636 |
|
$ |
175,642,534 |
Section 385.20. COMMON SCHOOLS GENERAL OBLIGATION DEBT
SERVICE
The foregoing appropriation item 230908, Common Schools
General Obligation Debt Service, shall be used to pay all debt
service and related financing costs at the times they are required
to be made for obligations issued during the period from July 1,
2009, through June 30, 2011, under sections 151.01 and 151.03 of
the Revised Code.
The foregoing appropriation item 230644, Operating Expenses,
shall be used by the Ohio School Facilities Commission to carry
out its responsibilities under this section and Chapter
3318. of
the Revised Code.
In both fiscal years 2010 and 2011, the Executive Director of
the Ohio
School Facilities
Commission shall certify on a quarterly
basis to the Director of
Budget and Management the amount
of cash
from interest earnings to be transferred from
the School Building
Assistance Fund (Fund 7032), the Public
School Building Fund (Fund
7021), and the Educational Facilities Trust Fund (Fund N087) to
the
Ohio School Facilities
Commission Fund (Fund 5E30). The
amount
transferred from the School Building Assistance Fund (Fund
7032)
may not exceed investment earnings credited to the fund,
less any
amount required to be paid for federal arbitrage rebate
purposes.
SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION
At the request of the Executive Director of the Ohio School
Facilities Commission, the Director of Budget and Management may
cancel encumbrances for school district projects from a previous
biennium if the district has not raised its local share of project
costs within one year of receiving Controlling Board approval
under section 3318.05 of the Revised Code. The
Executive Director
of the Ohio School Facilities Commission shall
certify the amounts
of the canceled encumbrances to the Director
of Budget and
Management on a quarterly basis. The amounts of the
canceled
encumbrances are hereby appropriated.
Section 385.30. AMENDMENT TO PROJECT AGREEMENT FOR
MAINTENANCE LEVY
The Ohio School Facilities Commission shall
amend the
project agreement between the Commission and a school
district
that is participating in the Accelerated Urban School
Building
Assistance Program on the effective date of this section,
if the
Commission determines that it is necessary to do so in
order to
comply with division (B)(3)(c) of section 3318.38 of the
Revised
Code, as amended by this act.
Section 385.40. STUDY OF COMMUNITY SPACE
The Executive Director of the Ohio School
Facilities
Commission shall conduct a study of spaces included in
classroom
facilities projects financed by the Commission under
Chapter
3318. of the Revised Code that are used for activities,
services,
and programs shared between schools and other public and
private
entities in their communities. The study shall identify
and
describe such spaces included in current or completed projects
and shall recommend best practices for enhancing opportunities for
including shared community spaces in future projects. The
Executive Director shall submit a written report of the results
and recommendations of the study to the Commission not later than
December 31, 2009.
Section 385.50. EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL
FACILITIES
Notwithstanding any other provision of law to the contrary,
the Ohio School Facilities Commission
may provide assistance
under
the
Exceptional Needs School Facilities Program established in
section 3318.37 of the Revised Code
to any school district, and
not
exclusively to a school district in
the lowest seventy-five
per cent of
adjusted valuation per pupil on the
current ranking of
school districts established under section 3318.011 of the
Revised
Code, for the purpose of the
relocation or replacement of
school
facilities required as a
result of extreme environmental
contamination.
The Ohio School Facilities Commission shall contract with an
independent
environmental consultant to conduct a study and to
report to the Commission
as to the seriousness of the
environmental contamination, whether the
contamination violates
applicable state and federal standards, and whether
the facilities
are no longer suitable for use as school facilities. The
Commission then shall make a determination regarding funding for
the
relocation or replacement of the school facilities. If the
federal
government or other public or private entity provides
funds for restitution
of costs incurred by the state or school
district in the relocation or
replacement of the school
facilities, the school district
shall
use such funds
in excess of
the school district's share to refund the state for
the state's
contribution to the environmental contamination
portion of the
project. The school district may apply an amount
of such
restitution funds up to an amount equal to the
school district's
portion of the project, as defined by the Commission, toward
paying its
portion of that project to reduce the amount of
bonds
the school district otherwise must issue to receive
state
assistance under sections 3318.01 to 3318.20 of the Revised
Code.
Section 385.60. CANTON CITY SCHOOL DISTRICT PROJECT
(A) The Ohio School Facilities Commission
may
commit up to
thirty-five million dollars to the Canton City
School
District for
construction
of a facility described in this
section,
in lieu of a
high school that would
otherwise be
authorized under
Chapter 3318.
of the Revised Code. The
Commission shall not
commit funds under
this section unless all of
the
following
conditions are met:
(1) The District has entered into a cooperative agreement
with a
state-assisted technical college;
(2) The District has received an irrevocable commitment of
additional funding
from nonpublic sources; and
(3) The facility is intended to serve both secondary and
postsecondary
instructional purposes.
(B) The Commission shall enter into an agreement with the
District for the
construction of the facility authorized under
this section that is separate
from and in addition to the
agreement required for the District's
participation in the
Classroom Facilities Assistance Program under section
3318.08 of
the Revised
Code. Notwithstanding that section and sections
3318.03, 3318.04, and
3318.083
of the Revised Code, the additional
agreement shall provide, but not be limited
to, the following:
(1) The Commission shall not have any oversight
responsibilities over the
construction of the facility.
(2) The facility need not comply with the specifications for
plans and
materials for high schools adopted by the Commission.
(3) The Commission may decrease the basic project cost that
would otherwise
be
calculated for a high school under Chapter
3318. of the Revised Code.
(4) The state shall not share in any increases in the basic
project cost for
the facility above the amount authorized under
this section.
All other provisions of Chapter 3318. of the Revised Code
apply to the
approval
and construction of a facility authorized
under this section.
The state funds committed to the facility authorized by this
section shall be
part of the total amount the state commits to the
Canton City School District
under Chapter 3318. of the Revised
Code. All additional state funds committed
to the Canton City
School District for classroom facilities assistance shall
be
subject to all provisions of Chapter 3318. of the Revised Code.
Section 387.10. SOS SECRETARY OF STATE
| GRF |
050321 |
|
Operating Expenses |
|
$ |
2,290,508 |
|
$ |
2,290,508 |
| GRF |
050407 |
|
Pollworkers Training |
|
$ |
250,197 |
|
$ |
250,197 |
| TOTAL GRF General Revenue Fund |
|
$ |
2,540,705 |
|
$ |
2,540,705 |
General Services Fund Group
| 4120 |
050609 |
|
Notary Commission |
|
$ |
565,000 |
|
$ |
565,000 |
| 4130 |
050601 |
|
Information Systems |
|
$ |
75,000 |
|
$ |
50,000 |
| 4140 |
050602 |
|
Citizen Education Fund |
|
$ |
55,712 |
|
$ |
55,712 |
| 4S80 |
050610 |
|
Board of Voting Machine Examiners |
|
$ |
7,200 |
|
$ |
7,200 |
| 5FG0 |
050620 |
|
BOE Reimbursement and Education |
|
$ |
100,000 |
|
$ |
100,000 |
| 5FH0 |
050621 |
|
Statewide Ballot Advertising |
|
$ |
300,000 |
|
$ |
300,000 |
| 5FJ0 |
050622 |
|
County Voting Machine Revolving Lease/Loan Fund |
|
$ |
500,000 |
|
$ |
500,000 |
| TOTAL General Services Fund Group |
|
$ |
1,602,912 |
|
$ |
1,577,912 |
Federal Special Revenue Fund Group
| 3AH0 |
050614 |
|
Election Reform/Health and Human Services |
|
$ |
800,000 |
|
$ |
800,000 |
| 3AS0 |
050616 |
|
2005 HAVA Voting Machines |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
3,800,000 |
|
$ |
3,800,000 |
State Special Revenue Fund Group
| 5990 |
050603 |
|
Business Services Operating Expenses |
|
$ |
14,086,100 |
|
$ |
14,245,400 |
| 5N90 |
050607 |
|
Technology Improvements |
|
$ |
180,000 |
|
$ |
180,000 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
14,266,100 |
|
$ |
14,425,400 |
Holding Account Redistribution Fund Group
| R001 |
050605 |
|
Uniform Commercial Code Refunds |
|
$ |
30,000 |
|
$ |
30,000 |
| R002 |
050606 |
|
Corporate/Business Filing Refunds |
|
$ |
85,000 |
|
$ |
85,000 |
| TOTAL 090 Holding Account |
|
|
|
|
|
|
| Redistribution Fund Group |
|
$ |
115,000 |
|
$ |
115,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
22,324,717 |
|
$ |
22,459,017 |
BOARD OF VOTING MACHINE EXAMINERS
The foregoing appropriation item 050610, Board of Voting
Machine Examiners,
shall be used to pay for the services and
expenses of the members of the Board
of Voting Machine Examiners,
and for other expenses that are authorized to be
paid from the
Board of Voting Machine Examiners Fund, which is created in
section
3506.05 of the Revised Code. Moneys not used shall be
returned to
the
person or entity submitting equipment for
examination. If
it is
determined that additional appropriations
are necessary,
such amounts are hereby appropriated.
BUSINESS SERVICES FUND TRANSFER TO THE COUNTY VOTING
MACHINE
REVOLVING LEASE/LOAN FUND
Not later than the first day of June of each fiscal year, the
Director of Budget and Management shall transfer $500,000 cash
from the Business Services Fund (Fund
5990) to the County Voting
Machine Revolving Lease/Loan Fund (Fund
5FJ0).
An amount equal to the unexpended, unencumbered portion of
appropriation item 050616, 2005 HAVA Voting Machines, at the end
of fiscal year 2010 is reappropriated for the same purpose in
fiscal year 2011.
An amount equal to the unexpended, unencumbered portion of
appropriation item 050614, Election Reform/Health and Human
Services, at the end of fiscal year 2010 is reappropriated for the
same purpose in fiscal year 2011.
On July 1, 2009, or as soon as possible thereafter, the
Director of Budget and Management shall transfer from the General
Revenue Fund to the credit of the Election Data Collection Grant
Fund (Fund 3AC0), all investment earnings and amounts equal to the
interest earnings attributable to Fund 3AC0 in each quarter of
fiscal year 2009 to Fund 3AC0.
The Director of Budget and Management shall credit the
ongoing interest earnings from the Election
Reform/Health and
Human Services Fund (Fund 3AH0), the 2005
HAVA
Voting Machines
Fund (Fund 3AS0), and the Election Data Collection Grant Fund
(Fund 3AC0) to the
respective funds and distribute these earnings
in accordance with the terms of
the grant under which the money
is received.
HOLDING ACCOUNT REDISTRIBUTION GROUP
The foregoing appropriation items 050605, Uniform Commercial
Code Refunds, and 050606,
Corporate/Business Filing Refunds, shall
be used to hold
revenues
until they are directed to the
appropriate accounts or
until they
are refunded. If it is
determined that additional
appropriations
are necessary, such
amounts are
hereby appropriated.
CASH TRANSFER TO THE CORPORATE AND UNIFORM COMMERCIAL CODE
FILING FUND
On July 1, 2009, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $53,915.40 cash
from the Public Utility Territorial Administration Fund (Fund
5590) to the Corporate and Uniform Commercial Code Filing Fund
(Fund 5990).
Section 389.10. SEN THE OHIO SENATE
| GRF |
020321 |
|
Operating Expenses |
|
$ |
12,123,439 |
|
$ |
12,123,439 |
| TOTAL GRF General Revenue Fund |
|
$ |
12,123,439 |
|
$ |
12,123,439 |
General Services Fund Group
| 1020 |
020602 |
|
Senate Reimbursement |
|
$ |
448,465 |
|
$ |
448,465 |
| 4090 |
020601 |
|
Miscellaneous Sales |
|
$ |
34,497 |
|
$ |
34,497 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
482,962 |
|
$ |
482,962 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
12,606,401 |
|
$ |
12,606,401 |
On July 1, 2009, or as soon as possible thereafter, the Clerk
of the Senate may certify to the Director of Budget and Management
the amount of the unexpended, unencumbered balance of the
foregoing appropriation item 020321, Operating Expenses, at the
end of fiscal year 2009 to be reappropriated to fiscal year 2010.
The amount certified is hereby reappropriated to the same
appropriation item for fiscal year 2010.
On July 1, 2010, or as soon as possible thereafter, the Clerk
of the Senate may certify to the Director of Budget and Management
the amount of the unexpended, unencumbered balance of the
foregoing appropriation item 020321, Operating Expenses, at the
end of fiscal year 2010 to be reappropriated to fiscal year 2011.
The amount certified is hereby reappropriated to the same
appropriation item for fiscal year 2011.
Section 391.10. CSF COMMISSIONERS OF THE SINKING FUND
| 7070 |
155905 |
|
Third Frontier Research and Development Bond Retirement Fund |
|
$ |
20,948,300 |
|
$ |
29,011,600 |
| 7072 |
155902 |
|
Highway Capital Improvement Bond Retirement Fund |
|
$ |
202,074,000 |
|
$ |
203,434,200 |
| 7073 |
155903 |
|
Natural Resources Bond Retirement Fund |
|
$ |
26,334,400 |
|
$ |
26,549,400 |
| 7074 |
155904 |
|
Conservation Projects Bond Service Fund |
|
$ |
20,711,100 |
|
$ |
25,684,900 |
| 7076 |
155906 |
|
Coal Research and Development Bond Retirement Fund |
|
$ |
9,968,400 |
|
$ |
10,947,000 |
| 7077 |
155907 |
|
State Capital Improvement Bond
Retirement Fund |
|
$ |
148,331,900 |
|
$ |
163,443,500 |
| 7078 |
155908 |
|
Common Schools Bond Retirement Fund |
|
$ |
192,559,200 |
|
$ |
165,510,500 |
| 7079 |
155909 |
|
Higher Education
Bond Retirement Fund |
|
$ |
85,317,700 |
|
$ |
89,480,300 |
| 7090 |
155912 |
|
Job Ready Site Development Bond Retirement Fund |
|
$ |
5,685,400 |
|
$ |
10,601,900 |
| TOTAL DSF Debt Service Fund Group |
|
$ |
711,930,400 |
|
$ |
724,663,300 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
711,930,400 |
|
$ |
724,663,300 |
ADDITIONAL APPROPRIATIONS
Appropriation items in this section are for the purpose of
paying debt service and financing costs on bonds or notes of the
state issued under the Ohio
Constitution and acts of the
General
Assembly. If it is
determined that additional
amounts are
necessary for this purpose, such
amounts are hereby appropriated.
Section 393.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY
DEVELOPMENT FOUNDATION
| 5M90 |
945601 |
|
Operating Expenses |
|
$ |
475,220 |
|
$ |
475,220 |
| TOTAL TMF Tobacco Master Settlement Agreement Fund Group |
|
$ |
475,220 |
|
$ |
475,220 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
475,220 |
|
$ |
475,220 |
Section 395.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY
&
AUDIOLOGY
General Services Fund Group
| 4K90 |
886609 |
|
Operating Expenses |
|
$ |
453,000 |
|
$ |
453,000 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
453,000 |
|
$ |
453,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
453,000 |
|
$ |
453,000 |
Section 397.10. BTA BOARD OF TAX APPEALS
| GRF |
116321 |
|
Operating Expenses |
|
$ |
1,642,450 |
|
$ |
1,642,450 |
| TOTAL GRF General Revenue Fund |
|
$ |
1,642,450 |
|
$ |
1,642,450 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,642,450 |
|
$ |
1,642,450 |
Section 399.10. TAX DEPARTMENT OF TAXATION
| GRF |
110321 |
|
Operating Expenses |
|
$ |
81,441,056 |
|
$ |
81,441,055 |
| GRF |
110404 |
|
Tobacco Settlement Enforcement |
|
$ |
295,231 |
|
$ |
295,231 |
| GRF |
110412 |
|
Child Support Administration |
|
$ |
19,512 |
|
$ |
19,512 |
| GRF |
110901 |
|
Property Tax Allocation - Taxation |
|
$ |
569,917,420 |
|
$ |
577,463,014 |
| TOTAL GRF General Revenue Fund |
|
$ |
651,673,219 |
|
$ |
659,218,812 |
General Services Fund Group
| 2280 |
110628 |
|
Tax Reform System Implementation |
|
$ |
13,600,000 |
|
$ |
13,600,000 |
| 4330 |
110602 |
|
Tape File Account |
|
$ |
125,000 |
|
$ |
125,000 |
| 5AP0 |
110632 |
|
Discovery Project |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
| 5CZ0 |
110631 |
|
Vendor's License Application |
|
$ |
250,000 |
|
$ |
250,000 |
| 5N50 |
110605 |
|
Municipal Income Tax Administration |
|
$ |
600,000 |
|
$ |
600,000 |
| 5N60 |
110618 |
|
Kilowatt Hour Tax Administration |
|
$ |
100,000 |
|
$ |
100,000 |
| 5V80 |
110623 |
|
Property Tax Administration |
|
$ |
12,000,000 |
|
$ |
12,000,000 |
| 5W40 |
110625 |
|
Centralized Tax Filing and Payment |
|
$ |
200,000 |
|
$ |
200,000 |
| 5W70 |
110627 |
|
Exempt Facility Administration |
|
$ |
60,000 |
|
$ |
60,000 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
28,935,000 |
|
$ |
28,935,000 |
State Special Revenue Fund Group
| 4350 |
110607 |
|
Local Tax Administration |
|
$ |
18,000,000 |
|
$ |
18,000,000 |
| 4360 |
110608 |
|
Motor Vehicle Audit |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
| 4370 |
110606 |
|
Litter Tax and Natural Resource Tax Administration |
|
$ |
200,000 |
|
$ |
200,000 |
| 4380 |
110609 |
|
School District Income Tax |
|
$ |
5,500,000 |
|
$ |
5,500,000 |
| 4C60 |
110616 |
|
International Registration Plan |
|
$ |
706,855 |
|
$ |
706,855 |
| 4R60 |
110610 |
|
Tire Tax Administration |
|
$ |
200,000 |
|
$ |
200,000 |
| 5V70 |
110622 |
|
Motor Fuel Tax Administration |
|
$ |
4,700,000 |
|
$ |
4,700,000 |
| 6390 |
110614 |
|
Cigarette Tax Enforcement |
|
$ |
1,900,000 |
|
$ |
1,900,000 |
| 6420 |
110613 |
|
Ohio Political Party Distributions |
|
$ |
500,000 |
|
$ |
500,000 |
| 6880 |
110615 |
|
Local Excise Tax Administration |
|
$ |
800,000 |
|
$ |
800,000 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
33,506,855 |
|
$ |
33,506,855 |
| 4250 |
110635 |
|
Tax Refunds |
|
$ |
1,546,800,000 |
|
$ |
1,546,800,000 |
| 7095 |
110995 |
|
Municipal Income Tax |
|
$ |
21,000,000 |
|
$ |
21,000,000 |
| TOTAL AGY Agency Fund Group |
|
$ |
1,567,800,000 |
|
$ |
1,567,800,000 |
Holding Account Redistribution Fund Group
| R010 |
110611 |
|
Tax Distributions |
|
$ |
50,000 |
|
$ |
50,000 |
| R011 |
110612 |
|
Miscellaneous Income Tax Receipts |
|
$ |
50,000 |
|
$ |
50,000 |
| TOTAL 090 Holding Account |
|
|
|
|
|
|
| Redistribution Fund Group |
|
$ |
100,000 |
|
$ |
100,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
2,282,015,074 |
|
$ |
2,289,560,667 |
HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK,
AND TANGIBLE TAX
EXEMPTION
The foregoing appropriation item 110901, Property Tax
Allocation -
Taxation, is hereby appropriated to
pay for the
state's
costs
incurred due to the Homestead Exemption, the
Manufactured
Home Property Tax Rollback, and the Property Tax
Rollback. The
Tax Commissioner shall
distribute these funds
directly to the
appropriate
local taxing
districts, except for
school
districts,
notwithstanding the provisions in sections
321.24 and
323.156 of
the Revised
Code, which provide for payment
of the
Homestead
Exemption, the Manufactured Home Property Tax
Rollback,
and Property Tax
Rollback by the Tax Commissioner to the
appropriate county treasurer and the
subsequent redistribution of
these funds to the appropriate local taxing
districts by the
county auditor.
Upon receipt of these amounts, each local taxing district
shall distribute the
amount among the proper funds as if it had
been paid as real property taxes. Payments
for the costs of
administration shall
continue to be paid to the
county treasurer
and county auditor as provided for
in sections
319.54, 321.26, and
323.156 of the Revised Code.
Any sums, in addition to the amounts specifically
appropriated in
appropriation item 110901, Property Tax
Allocation
- Taxation, for the
Homestead Exemption, the
Manufactured Home
Property Tax Rollback, and the
Property Tax
Rollback payments,
which
are determined to be necessary for these
purposes,
are
hereby appropriated.
The foregoing appropriation item 110995, Municipal Income
Tax, shall be used to make payments to municipal corporations
under section 5745.05 of the Revised Code. If it is determined
that additional appropriations are necessary to make such
payments, such amounts are hereby appropriated.
The foregoing appropriation item 110635, Tax Refunds,
shall
be used to pay refunds under section 5703.052 of the
Revised Code.
If it is
determined that additional appropriations
are necessary
for this purpose, such amounts are hereby appropriated.
INTERNATIONAL REGISTRATION PLAN AUDIT
The foregoing appropriation item 110616, International
Registration Plan, shall be used under section 5703.12 of
the
Revised
Code for audits
of persons with vehicles registered
under
the International Registration Plan.
TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT
Of the foregoing appropriation item 110607, Local Tax
Administration, the Tax Commissioner may disburse funds, if
available, for the purposes of paying travel expenses incurred by
members of Ohio's delegation to the Streamlined Sales Tax Project,
as appointed under section 5740.02 of the Revised Code. Any travel
expense reimbursement paid for by the Department of Taxation shall
be done in accordance with applicable state laws and guidelines.
CENTRALIZED TAX FILING AND PAYMENT FUND
The Director of Budget and Management, under a plan submitted
by the Tax Commissioner, or as otherwise determined by the
Director of Budget and Management, shall set a schedule to
transfer cash from the General Revenue Fund to the credit of the
Centralized Tax Filing and Payment Fund (Fund 5W40). The transfers
of cash shall not exceed $400,000 in the biennium.
TOBACCO SETTLEMENT ENFORCEMENT
The foregoing appropriation item 110404, Tobacco Settlement
Enforcement, shall be used by the Tax Commissioner to pay costs
incurred in the enforcement of divisions (F) and (G) of section
5743.03 of the Revised Code.
Section 399.20. COMMERCIAL ACTIVITY TAX
(A) Any term used in this section has the same
meaning as in
section 5751.01 of the Revised Code.
(B) A person is not required to pay the annual minimum
commercial activity tax due for calendar year 2005 or 2006 under
Chapter 5751. of the Revised Code if the person satisfies all of
the following:
(1) The person was not subject to the tax for those years
because the person did not have nexus with this state or was an
excluded person under division (E)(1) of section 5751.01 of the
Revised Code;
(2) The person erroneously registered for the tax and failed
to cancel the registration before May 10, 2006;
(3) The person canceled its commercial activity tax
registration before February 10, 2007, and was not required to
file the returns due February 9, 2007, or February 9, 2008, or was
not required to pay annual minimum tax payments for calendar year
2007 or 2008.
(C) The Tax Commissioner shall cancel the registration of
each such person for which the registration has not yet been
canceled.
(D) If such a person paid the tax due for calendar year 2005
or 2006 after being contacted by the Department of Taxation, the
person may request a refund of the amount paid for such a year or
years under section 5751.08 of the Revised Code, notwithstanding
division (E) of that section.
Section 401.10. DOT DEPARTMENT OF TRANSPORTATION
| GRF |
775451 |
|
Public Transportation - State |
|
$ |
13,330,697 |
|
$ |
13,330,697 |
| GRF |
776465 |
|
Ohio Rail Development Commission |
|
$ |
2,932,000 |
|
$ |
2,932,000 |
| GRF |
776668 |
|
Transportation Operating - Federal Stimulus |
|
$ |
2,181,295 |
|
$ |
2,181,295 |
| GRF |
777471 |
|
Airport Improvements - State |
|
$ |
1,137,664 |
|
$ |
1,137,664 |
| TOTAL GRF General Revenue Fund |
|
$ |
19,581,656 |
|
$ |
19,581,656 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
19,581,656 |
|
$ |
19,581,656 |
Section 403.10. TOS TREASURER OF STATE
| GRF |
090321 |
|
Operating Expenses |
|
$ |
8,381,875 |
|
$ |
8,381,875 |
| GRF |
090401 |
|
Office of the Sinking
|
|
$ |
537,223 |
|
$ |
537,223 |
|
|
|
Fund |
|
|
|
|
|
|
| GRF |
090402 |
|
Continuing Education |
|
$ |
403,959 |
|
$ |
403,959 |
| GRF |
090524 |
|
Police and Fire
|
|
$ |
8,000 |
|
$ |
7,500 |
|
|
|
Disability Pension Fund |
|
|
|
|
|
|
| GRF |
090534 |
|
Police
and Fire Ad Hoc Cost
|
|
$ |
95,000 |
|
$ |
90,000 |
|
|
|
of Living |
|
|
|
|
|
|
| GRF |
090554 |
|
Police and Fire Survivor
|
|
$ |
720,000 |
|
$ |
680,000 |
|
|
|
Benefits |
|
|
|
|
|
|
| GRF |
090575 |
|
Police and Fire Death
|
|
$ |
20,000,000 |
|
$ |
20,000,000 |
|
|
|
Benefits |
|
|
|
|
|
|
| TOTAL GRF General Revenue Fund |
|
$ |
30,146,057 |
|
$ |
30,100,557 |
General Services Fund Group
| 4E90 |
090603 |
|
Securities Lending Income
|
|
$ |
4,492,622 |
|
$ |
4,492,622 |
| 5770 |
090605 |
|
Investment Pool
|
|
$ |
550,000 |
|
$ |
550,000 |
|
|
|
Reimbursement |
|
|
|
|
|
|
| 5C50 |
090602 |
|
County Treasurer Education |
|
$ |
150,000 |
|
$ |
150,000 |
| 6050 |
090609 |
|
Treasurer of State
|
|
$ |
185,000 |
|
$ |
185,000 |
|
|
|
Administrative Fund |
|
|
|
|
|
|
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
5,377,622 |
|
$ |
5,377,622 |
| 4250 |
090635 |
|
Tax Refunds |
|
$ |
31,000,000 |
|
$ |
31,000,000 |
| TOTAL Agency Fund Group |
|
$ |
31,000,000 |
|
$ |
31,000,000 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
66,523,679 |
|
$ |
66,478,179 |
Section 403.20. OFFICE OF THE SINKING FUND
The foregoing appropriation item 090401, Office of
the
Sinking Fund, shall be used for costs incurred
by or
on behalf of
the Commissioners of the Sinking Fund and the Ohio
Public
Facilities Commission with
respect to
State of Ohio
general
obligation bonds or
notes, and the Treasurer of State with respect
to State of Ohio general obligation and special obligation bonds
or notes, including, but not limited to,
printing, advertising,
delivery, rating fees and the procurement
of ratings, professional
publications, membership in professional organizations, and other
services referred to in division (D) of
section 151.01 of the
Revised
Code. The General
Revenue Fund
shall be
reimbursed for
such costs relating to the issuance and administration of Highway
Capital Improvement bonds or notes authorized under Ohio
Constitution, Article VIII, Section 2m and Chapter 151. of the
Revised Code. That reimbursement shall be made from appropriation
item 155902, Highway Capital Improvement Bond Retirement Fund, by
intrastate
transfer
voucher
pursuant to a
certification by the
Office of the
Sinking
Fund of
the
actual
amounts used. The
amounts necessary to
make
such
a reimbursement
are hereby
appropriated from the Highway Capital Improvement Bond Retirement
Fund created in section 151.06 of the Revised Code.
POLICE AND FIRE DEATH BENEFIT FUND
The foregoing appropriation item 090575, Police and Fire
Death Benefits, shall be disbursed quarterly by the Treasurer of
State at the beginning of each quarter of each fiscal year to the
Board
of
Trustees of the Ohio Police and Fire Pension
Fund. The
Treasurer of State shall certify such amounts quarterly to the
Director of Budget and Management. By the
twentieth day of June of
each fiscal year, the Board of
Trustees of the
Ohio Police and
Fire Pension Fund
shall certify to
the Treasurer
of State the
amount disbursed in
the current
fiscal year to
make
the payments
required by section
742.63 of the
Revised Code
and
shall return to
the Treasurer of
State moneys
received from
this appropriation
item but not
disbursed.
The foregoing appropriation item 090635, Tax Refunds, shall
be used to pay refunds under section 5703.052 of the Revised Code.
If the Director of Budget and Management determines that
additional amounts are necessary for this purpose, such amounts
are hereby appropriated.
Section 405.10. TTA OHIO TUITION TRUST
State Special Revenue Fund Group
| 5P30 |
095602 |
|
Variable Savings Plans |
|
$ |
6,175,707 |
|
$ |
6,156,515 |
| 6450 |
095601 |
|
Guaranteed Savings Plan |
|
$ |
842,959 |
|
$ |
862,150 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
7,018,666 |
|
$ |
7,018,665 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
7,018,666 |
|
$ |
7,018,665 |
On July 1, 2009, or as soon as possible thereafter, the
Director of Budget and Management shall transfer the cash balance
in the Index Savings Plan Fund (Fund 5AM0) to the Variable Savings
Fund (Fund 5P30). The Director shall cancel any existing
encumbrances against appropriation item 095603, Index Savings
Plan, and re-establish them against appropriation item 095602,
Variable Savings Plans. The re-established encumbrance
amounts
are hereby appropriated. Upon completion of these
transfers, Fund
5AM0 is hereby abolished.
On July 1, 2009, or as soon as possible thereafter, the
Director of Budget and Management shall transfer the cash balance
in the Banking Products Fund (Fund 5DC0) to the Variable College
Savings Fund (Fund 5P30). The Director shall cancel any existing
encumbrances against appropriation item 095604, Banking Products,
and re-establish them against appropriation item 095602, Variable
Savings Plans. The re-established encumbrance amounts are
hereby
appropriated. Upon completion of these transfers, Fund 5DC0
is
hereby abolished.
Section 407.10. VTO VETERANS' ORGANIZATIONS
| GRF |
743501 |
|
State Support |
|
$ |
27,533 |
|
$ |
27,533 |
VAN ARMY AND NAVY UNION, USA, INC.
| GRF |
746501 |
|
State Support |
|
$ |
60,513 |
|
$ |
60,513 |
VKW KOREAN WAR VETERANS
| GRF |
747501 |
|
State Support |
|
$ |
54,398 |
|
$ |
54,398 |
VJW JEWISH WAR VETERANS
| GRF |
748501 |
|
State Support |
|
$ |
32,687 |
|
$ |
32,687 |
VCW CATHOLIC WAR VETERANS
| GRF |
749501 |
|
State Support |
|
$ |
63,789 |
|
$ |
63,789 |
VPH MILITARY ORDER OF THE PURPLE HEART
| GRF |
750501 |
|
State Support |
|
$ |
62,015 |
|
$ |
62,015 |
VVV VIETNAM VETERANS OF AMERICA
| GRF |
751501 |
|
State Support |
|
$ |
204,549 |
|
$ |
204,549 |
VAL AMERICAN LEGION OF OHIO
| GRF |
752501 |
|
State Support |
|
$ |
332,561 |
|
$ |
332,561 |
VII AMVETS
| GRF |
753501 |
|
State Support |
|
$ |
316,711 |
|
$ |
316,711 |
VAV DISABLED AMERICAN VETERANS
| GRF |
754501 |
|
State Support |
|
$ |
237,939 |
|
$ |
237,939 |
VMC MARINE CORPS LEAGUE
| GRF |
756501 |
|
State Support |
|
$ |
127,569 |
|
$ |
127,569 |
V37 37TH DIVISION AEF VETERANS' ASSOCIATION
| GRF |
757501 |
|
State Support |
|
$ |
6,541 |
|
$ |
6,541 |
VFW VETERANS OF FOREIGN WARS
| GRF |
758501 |
|
State Support |
|
$ |
271,277 |
|
$ |
271,277 |
| TOTAL GRF General Revenue Fund |
|
$ |
1,798,082 |
|
$ |
1,798,082 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
1,798,082 |
|
$ |
1,798,082 |
The Director of Budget and Management may release the
foregoing appropriation items 743501, 746501, 747501,
748501,
749501,
750501, 751501, 752501, 753501, 754501,
756501,
757501,
and 758501, State Support.
Section 409.10. DVS DEPARTMENT OF VETERANS SERVICES
| GRF |
900100 |
|
Personal Services |
|
$ |
25,219,282 |
|
$ |
25,219,282 |
| GRF |
900200 |
|
Maintenance |
|
$ |
4,427,264 |
|
$ |
4,427,264 |
| GRF |
900402 |
|
Hall of Fame |
|
$ |
118,750 |
|
$ |
118,750 |
| GRF |
900403 |
|
Veteran Record Conversion |
|
$ |
40,631 |
|
$ |
40,631 |
| GRF |
900408 |
|
Department of Veterans Services |
|
$ |
2,283,100 |
|
$ |
2,283,100 |
| TOTAL GRF General Revenue Fund |
|
$ |
32,089,027 |
|
$ |
32,089,027 |
General Services Fund Group
| 4840 |
900603 |
|
Veterans Home Services |
|
$ |
770,000 |
|
$ |
850,000 |
| TOTAL GSF General Services Fund Group |
|
$ |
770,000 |
|
$ |
850,000 |
Federal Special Revenue Fund Group
| 3680 |
900614 |
|
Veterans Training |
|
$ |
745,892 |
|
$ |
745,892 |
| 3740 |
900606 |
|
Troops to Teachers |
|
$ |
100,000 |
|
$ |
100,000 |
| 3BX0 |
900609 |
|
Medicare Services |
|
$ |
2,000,000 |
|
$ |
2,200,000 |
| 3L20 |
900601 |
|
Veterans Home Operations - Federal |
|
$ |
16,979,245 |
|
$ |
17,454,046 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
19,825,137 |
|
$ |
20,499,938 |
State Special Revenue Fund Group
| 4E20 |
900602 |
|
Veterans Home Operating |
|
$ |
9,314,438 |
|
$ |
9,780,751 |
| 6040 |
900604 |
|
Veterans Home Improvement |
|
$ |
1,541,020 |
|
$ |
1,700,000 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
10,855,458 |
|
$ |
11,480,751 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
63,539,622 |
|
$ |
64,919,716 |
Section 411.10. DVM STATE VETERINARY MEDICAL BOARD
General Services Fund Group
| 4K90 |
888609 |
|
Operating Expenses |
|
$ |
327,312 |
|
$ |
327,312 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
327,312 |
|
$ |
327,312 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
327,312 |
|
$ |
327,312 |
Section 413.10. DYS DEPARTMENT OF YOUTH SERVICES
| GRF |
470401 |
|
RECLAIM Ohio |
|
$ |
197,713,840 |
|
$ |
192,963,840 |
| GRF |
470412 |
|
Lease Rental Payments |
|
$ |
23,460,900 |
|
$ |
26,043,900 |
| GRF |
470510 |
|
Youth Services |
|
$ |
18,558,587 |
|
$ |
18,558,587 |
| GRF |
470640 |
|
RECLAIM - Federal Stimulus |
|
$ |
7,750,000 |
|
$ |
0 |
| GRF |
472321 |
|
Parole Operations |
|
$ |
13,400,020 |
|
$ |
13,400,020 |
| GRF |
477321 |
|
Administrative Operations |
|
$ |
14,754,419 |
|
$ |
14,754,419 |
| TOTAL GRF General Revenue Fund |
|
$ |
275,637,766 |
|
$ |
265,720,766 |
General Services Fund Group
| 1750 |
470613 |
|
Education Reimbursement |
|
$ |
11,000,000 |
|
$ |
11,000,000 |
| 4790 |
470609 |
|
Employee Food Service |
|
$ |
200,000 |
|
$ |
150,000 |
| 4A20 |
470602 |
|
Child Support |
|
$ |
450,000 |
|
$ |
450,000 |
| 4G60 |
470605 |
|
General Operational Funds |
|
$ |
250,000 |
|
$ |
250,000 |
| 5BN0 |
470629 |
|
E-Rate Program |
|
$ |
35,000 |
|
$ |
35,000 |
| TOTAL GSF General Services |
|
|
|
|
|
|
| Fund Group |
|
$ |
11,935,000 |
|
$ |
11,885,000 |
Federal Special Revenue Fund Group
| 3210 |
470601 |
|
Education |
|
$ |
6,531,076 |
|
$ |
5,455,413 |
| 3210 |
470603 |
|
Juvenile Justice Prevention |
|
$ |
300,000 |
|
$ |
300,000 |
| 3210 |
470606 |
|
Nutrition |
|
$ |
2,750,000 |
|
$ |
2,750,000 |
| 3210 |
470610 |
|
Rehabilitation Programs |
|
$ |
36,000 |
|
$ |
36,000 |
| 3210 |
470614 |
|
Title IV-E Reimbursements |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
| 3BH0 |
470630 |
|
Federal Juvenile Programs FFY 06 |
|
$ |
50,000 |
|
$ |
0 |
| 3BT0 |
470634 |
|
Federal Juvenile Programs |
|
$ |
50,000 |
|
$ |
0 |
| 3BY0 |
470635 |
|
Federal Juvenile Programs FFY 07 |
|
$ |
334,000 |
|
$ |
335,000 |
| 3BZ0 |
470636 |
|
Federal Juvenile Programs FFY 08 |
|
$ |
653,350 |
|
$ |
570,700 |
| 3CP0 |
470638 |
|
Federal Juvenile Programs FFY 09 |
|
$ |
500,000 |
|
$ |
500,000 |
| 3CR0 |
470639 |
|
Federal Juvenile Programs FFY 10 |
|
$ |
0 |
|
$ |
500,000 |
| 3V50 |
470604 |
|
Juvenile Justice/Delinquency Prevention |
|
$ |
1,935,300 |
|
$ |
2,361,000 |
| 3Z80 |
470625 |
|
Federal Juvenile Programs FFY 04 |
|
$ |
2,000 |
|
$ |
0 |
| 3Z90 |
470626 |
|
Federal Juvenile Programs FFY 05 |
|
$ |
2,000 |
|
$ |
0 |
| TOTAL FED Federal Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
19,143,726 |
|
$ |
18,808,113 |
State Special Revenue Fund Group
| 1470 |
470612 |
|
Vocational Education |
|
$ |
2,166,296 |
|
$ |
2,788,906 |
| 5BH0 |
470628 |
|
Partnerships for Success |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
| TOTAL SSR State Special Revenue |
|
|
|
|
|
|
| Fund Group |
|
$ |
3,666,296 |
|
$ |
4,288,906 |
| TOTAL ALL BUDGET FUND GROUPS |
|
$ |
310,382,788 |
|
$ |
300,702,785 |
OHIO BUILDING AUTHORITY LEASE PAYMENTS
The foregoing appropriation item 470412, Lease Rental
Payments, shall be used to
meet all
payments to the
Ohio Building
Authority for the period
from July 1, 2009, to June
30,
2011,
under the leases and
agreements for
facilities made under Chapter
152. of the Revised
Code. This appropriation is
the source of
funds pledged for bond
service charges on related
obligations
issued pursuant to Chapter
152. of the Revised Code.
The foregoing appropriation item 470613, Education
Reimbursement, shall be used to fund the operating expenses of
providing educational services to youth supervised by the
Department of Youth Services. Operating expenses include, but
are
not limited to, teachers' salaries, maintenance costs, and
educational equipment. This appropriation item may be used
for
capital expenses related to the education program.
EMPLOYEE FOOD SERVICE AND EQUIPMENT
Notwithstanding section 125.14 of the Revised Code, the
foregoing appropriation item 470609, Employee Food Service, may
be
used to
purchase any food operational items with funds received
into the fund from reimbursements for state surplus property.
Section 503.10. PERSONAL SERVICE EXPENSES
Unless otherwise prohibited by law, any appropriation from
which personal service expenses are paid shall bear
the employer's
share of public employees' retirement, workers'
compensation,
disabled workers' relief, and all group insurance
programs; the
costs of centralized accounting, centralized
payroll
processing,
and related personnel reports and services;
the cost
of the Office
of Collective Bargaining; the cost of the Employee Assistance
Program; the
cost of
the affirmative action and equal employment
opportunity programs administered by the Department of
Administrative Services; the costs of interagency
information
management infrastructure; and the cost
of
administering the state
employee merit system as required by
section 124.07 of the Revised
Code. These costs shall be
determined in conformity with
the
appropriate sections of law and
paid
in accordance with procedures
specified by the Office of
Budget
and Management. Expenditures
from appropriation item 070601,
Public Audit Expense - Local
Government, may be exempted
from the
requirements of
this section.
Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS
AGAINST THE STATE
Except as otherwise provided in this section, an
appropriation in this act or any other act may be used for the
purpose of satisfying judgments, settlements, or administrative
awards ordered or approved by the Court of Claims or by any other
court of competent jurisdiction in connection with civil actions
against the state. This authorization does not apply to
appropriations to be applied to or used for payment of guarantees
by or on behalf of the state, or for payments under lease
agreements relating to, or debt service on, bonds, notes, or other
obligations of the state. Notwithstanding any other statute to the
contrary, this authorization includes appropriations from funds
into which proceeds of direct obligations of the state are
deposited only to the extent that the judgment, settlement, or
administrative award is for, or represents, capital costs for
which the appropriation may otherwise be used and is consistent
with the purpose for which any related obligations were issued or
entered into. Nothing contained in this section is intended to
subject the state to suit in any forum in which it is not
otherwise subject to suit, and is not intended to waive or
compromise any defense or right available to the state in any suit
against it.
Section 503.30. CAPITAL PROJECT SETTLEMENTS
This section specifies an additional and supplemental
procedure to provide for payments of judgments and settlements if
the Director of Budget and Management determines, pursuant to
division (C)(4) of section 2743.19 of the Revised Code, that
sufficient unencumbered moneys do not exist in the fund to support
a particular
appropriation to pay the amount of a final judgment
rendered
against the state or a state agency, including the
settlement of
a
claim approved by a court, in an action upon and
arising out of
a
contractual obligation for the construction or
improvement of a
capital facility if the costs under the contract
were payable in
whole
or in part from a state capital projects
appropriation. In
such a
case, the Director may either proceed
pursuant to division
(C)(4)
of section 2743.19 of the Revised Code
or apply to the
Controlling
Board to increase an
appropriation or
create an
appropriation out of any unencumbered
moneys in the
state treasury
to the credit of the capital
projects fund from
which the initial
state appropriation was
made. The
amount of
an
increase
in appropriation or new appropriation
approved by the
Controlling Board is
hereby
appropriated from the
applicable
capital projects fund and
made
available for the
payment of the
judgment or settlement.
If the Director does not make the application authorized by
this section or the Controlling Board disapproves the
application,
and the Director does not make application under division
(C)(4)
of section 2743.19 of the Revised Code, the Director shall
for the
purpose of making that payment make a request to the General
Assembly as provided for in division (C)(5) of that section.
Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS
In order to provide funds for the reissuance of voided
warrants under section 117.47 of the Revised Code, there is
hereby
appropriated, out of moneys in the state treasury from the
fund
credited as provided in section 117.47 of the Revised Code,
that
amount sufficient to pay such warrants when approved by the
Office
of Budget and Management.
Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED
BALANCES OF
OPERATING APPROPRIATIONS
(A) An unexpended
balance of an operating
appropriation or
reappropriation
that a
state
agency lawfully
encumbered prior
to
the close of a
fiscal
year is hereby reappropriated
for the
following
fiscal year from the
fund from
which it was
originally
appropriated or
reappropriated
for the
following
period
and
shall
remain available only for
the
purpose
of
discharging the
encumbrance:
(1) For an encumbrance for
personal
services, maintenance,
equipment, or items for resale, other than an
encumbrance for an
item of special order manufacture not available on term
contract
or in the open market or for reclamation of land or oil and gas
wells, for a period of not more than five months from the end of
the fiscal
year;
(2) For an encumbrance for an item of special order
manufacture not available
on term contract or in the open market,
for a period of not more than five
months from the end of the
fiscal year or, with the written
approval of the Director of
Budget and Management, for a period of not more
than twelve months
from the end of the fiscal year;
(3) For an encumbrance for reclamation of land or oil and
gas
wells, for a
period ending when the encumbered appropriation
is
expended or for a period of two years, whichever is less;
(4) For an encumbrance for any other expense,
for such
period
as the Director approves, provided such period does not
exceed two
years.
(B) For an encumbrance described in division (A)(1) of this
section to remain available for more than five months from the end
of the fiscal year, an agency shall, not later than November 1 of
each fiscal year, make a request in writing to the Director of
Budget and Management to maintain the encumbrance. The Director
may exempt the encumbrance from cancellation for a specified
period deemed appropriate. The exempted encumbrance is hereby
reappropriated. If the request is not received by November 1, or
if the request is not approved, the Director shall cancel the
encumbrance.
(C) Any operating appropriations for which unexpended
balances
are reappropriated
beyond a five-month
period from the
end of the
fiscal year by division (A)(2) of this section shall be
reported to
the Controlling
Board by the
Director of Budget and
Management by
the thirty-first day of
December of each year. The
report on each
such item shall include
the item,
the cost of the
item, and the
name of the vendor. The report shall
be updated on
a
quarterly
basis for encumbrances
remaining open.
(D) Except as provided in division (E) of this section, upon
the expiration of the reappropriation period set out in
division
(A) or (B) of this section,
a
reappropriation
made by this section
lapses, and
the Director
of Budget
and
Management shall cancel
the encumbrance
of the unexpended
reappropriation not later than
the end of the
weekend following
the
expiration
of
the
reappropriation period.
(E) With the approval of
the Director of Budget and
Management, an unexpended balance of an
encumbrance that was
reappropriated
by
this section for a period specified in
division (A)(3) or
(4) of this
section and that remains
encumbered at the close of
the fiscal
biennium is hereby
reappropriated for the
following fiscal biennium
from the fund
from which it was
originally appropriated or
reappropriated for
the applicable
period specified in division (A)(3) or (4) of this
section and shall
remain available only for the
purpose of
discharging the
encumbrance.
(F) The Director of Budget and Management may correct
accounting
errors committed by the staff of the Office of Budget
and
Management, such as re-establishing encumbrances or
appropriations
cancelled in error, during the cancellation of
operating
encumbrances in November and of nonoperating
encumbrances in
December.
(G) If the Controlling Board approved a purchase, that
approval
remains in effect
so long as the appropriation used to
make
that
purchase remains encumbered.
Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND
RE-ESTABLISHMENT OF ENCUMBRANCES
Any cash transferred by the Director of
Budget and Management
under section 126.15 of the Revised Code is
hereby appropriated.
Any amounts necessary to re-establish appropriations or
encumbrances under section 126.15 of the Revised Code are
hereby
appropriated.
Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES
There are hereby appropriated out of any moneys in the
state
treasury to the credit of the General Revenue Fund, which
are not
otherwise appropriated, funds sufficient to make any
payment
required by division (B)(2) of section 5747.03 of the
Revised
Code.
Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES
APPROVED BY THE CONTROLLING BOARD
Any money that the Controlling Board approves for expenditure
or any increase in appropriation that the Controlling
Board
approves under sections 127.14,
131.35, and 131.39
of the
Revised
Code or any other provision of
law is hereby appropriated
for the
period ending June 30,
2011.
Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S
RESIDENCE
If the Governor's Residence Fund (Fund 4H20) receives payment
for use of the residence pursuant to section 107.40 of the Revised
Code, the amounts so received are hereby appropriated to
appropriation item 100604, Governor's Residence Gift.
Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS
Unless the agency and nuclear electric utility mutually agree
to a higher amount by contract, the maximum amounts that may be
assessed against nuclear
electric utilities under division (B)(2)
of section
4937.05 of the
Revised Code and deposited into the
specified funds are as
follows:
| Fund |
|
User |
|
FY 2010 |
|
FY 2011 |
| Utility Radiological Safety Fund (Fund 4E40) |
|
Department of Agriculture |
$ |
134,631 |
$ |
134,631 |
| Radiation Emergency Response Fund (Fund 6100) |
|
Department of Health |
$ |
887,445 |
$ |
920,372 |
| ER Radiological Safety Fund (Fund 6440) |
|
Environmental Protection Agency |
$ |
286,114 |
$ |
286,114 |
| Emergency Response Plan Fund (Fund 6570) |
|
Department of Public Safety |
$ |
1,413,889 |
$ |
1,415,945 |
Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF
INTEREST EARNED
Notwithstanding any provision of law to the contrary,
the
Director of Budget and Management, through June 30, 2011, may
transfer interest earned by any state fund to the General Revenue
Fund. This
section does not apply to funds whose source of
revenue is
restricted or protected by the Ohio Constitution,
federal
tax law, or the "Cash Management Improvement Act of
1990," 104
Stat. 1058 (1990), 31 U.S.C. 6501 et seq., as amended.
Section 512.20. CASH TRANSFERS FROM REPARATIONS FUND (Fund
4020) TO DISASTER PREPAREDNESS FUND (Fund 5EX0)
Notwithstanding any provision of law to the contrary,
on
July 1 of each fiscal year, or as
soon as possible thereafter,
the
Director of Budget and Management shall transfer $350,000
cash
from the Reparations Fund (Fund 4020) to the Disaster
Preparedness
Fund (Fund 5EX0).
Section 512.30. GRF TRANSFER TO THE OAKS PROJECT
IMPLEMENTATION FUND
On July 1 of each fiscal year, or as soon as possible
thereafter,
the
Director of Budget and Management shall transfer
an amount not
to
exceed $2,100,000
cash from the General Revenue
Fund to the OAKS Project
Implementation Fund (Fund
5N40).
Section 512.40. TRANSFERS FROM THE BUDGET STABILIZATION FUND
Notwithstanding any provision of law to the contrary, the
Director of Budget and Management, in either year of the biennium,
may transfer cash from the Budget Stabilization Fund to the
General Revenue Fund in order to balance General Revenue Fund
revenues with General Revenue Fund expenditures. Within ten days
of any such transfer, the Director shall notify the Governor, the
Speaker of the House of Representatives, the President of the
Senate, and the Minority Leaders of the House of Representatives
and the Senate of the date and amount of the transfer and the cash
balance remaining in the Budget Stabilization Fund.
Section 512.50. TRANSFER FROM EDUCATION FACILITIES TRUST FUND
TO
GRF
Notwithstanding section 183.26 of the Revised Code, the
Director of Budget and Management shall transfer $200,000,000 cash
in either fiscal year 2010 or fiscal year 2011 from the Education
Facilities Trust Fund (Fund
N087), which is used by the School
Facilities Commission, to the
General Revenue Fund. Not later
than June 30, 2013, $200,000,000
cash shall be deposited into
Fund N087, or another fund of the
Commission, for the purpose of
constructing or renovating school
facilities pursuant to Chapter
3318. of the Revised Code.
Section 512.60. CASH TRANSFERS TO THE GENERAL REVENUE FUND
FROM
NON-GRF FUNDS
Notwithstanding any provision of law to the contrary, during
fiscal years 2010 and 2011, the Director of Budget and Management
may transfer cash from non-General Revenue Funds that are not
constitutionally restricted to the General Revenue Fund in order
to ensure that available General Revenue Fund receipts and
balances are sufficient to support General Revenue Fund
appropriations in each fiscal year.
Before September 1 of each fiscal year, the Director of
Budget and Management shall prepare quarterly estimates
identifying funds in the state treasury from which cash transfers
are to be made and the anticipated amount of these cash transfers.
Beginning with the quarter ending September 30, 2009, and on a
quarterly basis thereafter, the Director of Budget and Management
shall prepare a summary comparing the estimated and actual amounts
of these cash transfers by fund. This quarterly summary shall be
included in the report required under section 126.05 of the
Revised Code.
Section 512.70. ACTION TO ESTABLISH FUNDS IN STATE TREASURY
For purposes of sections 109.93, 111.18, and
173.85 of the
Revised Code, as amended by this act, the Director
of Budget and
Management, in collaboration with the Treasurer of
State, may
take any action necessary to establish funds in the
state
treasury that were previously held in the custody of the
Treasurer of State, including, but not limited to, the transfer of
cash from the custodial funds to the state treasury and the
establishment of appropriations and encumbrances to support
outstanding obligations. The amounts necessary to support
outstanding obligations are hereby appropriated. Agencies may
request approval for additional appropriation from the Controlling
Board.
Section 512.80. GRF TRANSFER TO THE PUBLIC AUDIT EXPENSE
INTRA-STATE FUND
On July 1, 2009, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $400,900 cash
from the General Revenue Fund to the Public Audit Expense
Intra-State Fund (Fund 1090). The amounts transferred are hereby
appropriated to help pay for expenses incurred in the Auditor of
State's role relating to fiscal caution, fiscal watch, and fiscal
emergency activities as defined in Chapter 3316. of the Revised
Code and for performance audits for school districts in fiscal
distress.
Section 512.90. STATE AGENCY ADMINISTRATIVE COST SAVINGS AND
EFFICIENCY
Notwithstanding any provision of law to the contrary, a state
agency may enter into one or more agreements with another state
agency or agencies to achieve administrative cost savings and
greater efficiency. Subject to sections 124.321 to 124.328 of the
Revised Code, a state agency may identify employees who may be
transferred to another agency for the purpose of consolidating
finance, human resources, legal, or other administrative
functions. In addition, state agencies may share office equipment,
office space, or other agency assets to the extent such an
arrangement would create savings in rental, lease, or other
contractual expenses. The Director of Budget and Management, in
accordance with section 126.21 of the Revised Code, may take any
actions with regard to state agency budget changes, program
transfers, the creation of new funds, or the consolidation of
funds as necessary due to the administrative reorganization or
consolidation for purposes of cost savings and greater efficiency
pursuant to this section.
Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS
Certain appropriations are in this act for the purpose of
paying debt service and financing costs on general obligation
bonds or notes of the state issued pursuant to the Ohio
Constitution and acts of the General Assembly. If it is
determined
that additional appropriations are necessary for this
purpose,
such amounts are hereby appropriated.
Section 518.20. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER
OF
STATE
Certain appropriations are in this act for the purpose of
making
lease rental payments pursuant to leases and agreements
relating
to bonds or notes issued by the
Ohio Building Authority
or the
Treasurer of State or, previously, by the Ohio Public
Facilities
Commission,
pursuant
to
the Ohio
Constitution and acts
of the
General Assembly. If it is
determined that additional
appropriations are necessary for this
purpose, such amounts are
hereby appropriated.
Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM
TO
EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS
The Office of Budget and Management shall
process payments
from general obligation and lease rental
payment appropriation
items during the period from July 1, 2009,
to June 30, 2011,
relating to bonds or notes
issued under
Sections
2i, 2k, 2l, 2m,
2n, 2o, 2p, 2q, and 15 of Article VIII, Ohio
Constitution, and
Chapters 151. and 154. of the Revised Code.
Payments shall
be
made upon
certification by the Treasurer of
State, Office of the
Sinking Fund, of the dates
and the amounts
due on those dates.
Section 518.40. AUTHORIZATION FOR OHIO BUILDING AUTHORITY
AND
OBM TO EFFECTUATE CERTAIN LEASE
RENTAL PAYMENTS
The Office of Budget and Management shall process payments
from lease rental payment appropriation items during the period
from July 1, 2009, to June 30, 2011, pursuant to the lease
agreements entered into relating to bonds or notes issued under
Section 2i of Article VIII, Ohio Constitution, and Chapter 152. of
the Revised Code. Payments shall be made upon certification by the
Ohio Building Authority of the dates and the amounts due on those
dates.
Section 521.10. STATE AND LOCAL REBATE AUTHORIZATION
There is hereby appropriated, from those funds designated
by
or pursuant to the applicable proceedings authorizing the
issuance
of state obligations, amounts computed at the time to
represent
the portion of investment income to be rebated or
amounts in lieu
of or in addition to any rebate amount to be paid
to the federal
government in order to maintain the exclusion from
gross income
for federal income tax purposes of interest on those
state
obligations under section 148(f) of the Internal
Revenue
Code.
Rebate payments shall be approved and vouchered by the Office
of Budget and Management.
Section 521.20. STATEWIDE INDIRECT COST RECOVERY
Whenever the Director of Budget and Management determines
that an appropriation made to a state agency from a fund of the
state is insufficient to provide for the recovery of statewide
indirect costs under section 126.12 of the Revised Code,
the
amount required for such purpose is hereby appropriated from
the
available receipts of such fund.
Section 521.30. GRF TRANSFERS ON BEHALF OF THE STATEWIDE
INDIRECT COST ALLOCATION PLAN
The total transfers made from the General Revenue Fund by the
Director of
Budget and Management under this section shall
not
exceed
the amounts
transferred into the General Revenue Fund
under
section
126.12 of the Revised Code.
The director of an agency may certify to the Director of
Budget
and
Management the amount of expenses not allowed to be
included
in the Statewide
Indirect Cost Allocation Plan under
federal
regulations, from any fund
included in the Statewide
Indirect Cost
Allocation Plan, prepared as required
by section
126.12 of the
Revised Code.
Upon determining
that no alternative source of funding is
available to pay for such expenses,
the Director of Budget and
Management may transfer from the General Revenue
Fund into the
fund for which the certification is made, up to the amount of
the
certification. The director of the agency receiving such funds
shall
include, as part of the next budget submission prepared
under section
126.02 of the Revised Code, a request for
funding
for such activities from an
alternative source such that
further
federal disallowances would not be
required.
Section 521.40. FISCAL YEAR 2009 GENERAL REVENUE FUND ENDING
BALANCE
Notwithstanding divisions (B) and (C) of section 131.44 of
the Revised Code, all fiscal year 2009 surplus revenue in excess
of the amount required under division (A)(3) of section 131.44 of
the Revised Code shall remain in the General Revenue Fund.
Section 521.50. FEDERAL GOVERNMENT INTEREST REQUIREMENTS
Notwithstanding any provision of law to the contrary, on or
before the first day of September of each fiscal year, the
Director of Budget
and Management, in order to reduce the payment
of adjustments to the federal
government, as determined by the
plan prepared under division (A) of
section 126.12 of the
Revised
Code, may designate such funds as the Director
considers
necessary
to retain their own interest earnings.
Section 521.60. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT
Pursuant to the plan for compliance with the Federal Cash
Management Improvement Act required by section 131.36 of the
Revised Code, the Director of Budget and Management may cancel and
re-establish all or part of encumbrances in like
amounts within
the funds identified by the plan. The amounts
necessary to
re-establish all or part of encumbrances are
hereby appropriated.
Section 521.70. FISCAL STABILIZATION AND RECOVERY
(A) To ensure the
level of accountability and
transparency
required by federal law,
the Director of Budget and
Management
may issue guidelines to any
agency applying for
federal money
made available to this state for fiscal
stabilization and
recovery purposes, and may prescribe the process
by
which
agencies are to comply with any reporting requirements
established by the federal government.
(B) Notwithstanding any provision of law to the contrary,
federal money received by or on behalf of this state for fiscal
stabilization in support of elementary, secondary, and higher
education, public safety, and any other government service shall
be deposited into the state treasury to the credit of the General
Revenue Fund. If additional federal fiscal stabilization funds are
available, the Director of Budget and Management may authorize
expenditures from the General Revenue Fund in excess of the
amounts appropriated to provide additional government services.
Upon the authorization of the Director, the additional amounts are
hereby appropriated. The federal money shall
not be used as a
match for
the state's share of Medicaid.
Section 523.10. ADVANCED ENERGY RESEARCH AND DEVELOPMENT
(A) All items set forth in this division are hereby
appropriated, for fiscal years 2011 and 2012, the biennium ending
on June 30, 2012, out of any moneys in the state treasury to the
credit of the Advanced Energy Research and Development Taxable
Fund (Fund 7004) derived from the proceeds of obligations
heretofore authorized under section 166.11 of the Revised Code:
| C89800 |
|
Advanced Energy Research and Development |
|
$ |
18,000,000 |
| Total Air Quality Development Authority |
|
$ |
18,000,000 |
| TOTAL Advanced Energy Research and Development Taxable Fund |
|
$ |
18,000,000 |
(B) All items set forth in this division are hereby
appropriated, for fiscal years 2011 and 2012, the biennium ending
on June 30, 2012, out of any moneys in the state treasury to the
credit of the Advanced Energy Research and Development Fund (Fund
7005) derived from the proceeds of obligations heretofore
authorized under section 166.11 of the Revised Code:
| C89801 |
|
Advanced Energy Research and Development |
|
$ |
38,000,000 |
| Total Air Quality Development Authority |
|
$ |
38,000,000 |
| TOTAL Advanced Energy Research and Development Fund |
|
$ |
38,000,000 |
(C) The appropriation items C89800, Advanced Energy Research
and
Development Taxable, and C89801, Advanced Energy Research and
Development, shall be used for advanced energy projects as
provided in sections 3706.25 to 3706.30 of the Revised
Code. The
Executive Director of the Air Quality Development
Authority may
certify to the Director of Budget and Management
that a need
exists to fund additional advanced energy projects. If
the
Director of Budget and Management determines that investment
earnings of the Advanced Energy Research and Development Taxable
Fund (Fund 7004) and the Advanced Energy Research and Development
Fund (Fund 7005) are available to fund additional projects, the
Director may authorize additional expenditures from Fund 7004 or
Fund 7005. Such amounts are hereby appropriated.
(D) Notwithstanding any contrary provision of law, upon the
request of the Executive Director of the Air Quality
Development
Authority, the Director of Budget and Management may
transfer
cash between Funds 7004 and 7005. Amounts transferred are
hereby
appropriated.
(E) Expenditures from appropriations contained in this
section may be accounted for as though made in the main capital
appropriations act for the fiscal year 2011-2012 biennium enacted
by the 128th General Assembly. The Air Quality Development
Authority shall not expend any of the appropriations made in this
section until after July 1, 2010.
Section 610.10. That Sections 103.80.80, 103.80.90, and
301.10.50 of H.B.
496 of the 127th General Assembly be amended to
read as follows:
Sec. 103.80.80. OSB SCHOOL FOR THE BLIND
| C22606 |
|
Glass Windows/East Wall of Natatorium |
|
$ |
63,726 |
| C22607 |
|
Renovation of Science Laboratory Greenhouse |
|
$ |
58,850 |
| C22608 |
|
Renovating Recreation Area |
|
$ |
213,900 |
| C22609 |
|
New Classrooms for Secondary MH Program |
|
$ |
996,164 |
| C22610 |
|
Renovation of Student Health Service Area |
|
$ |
144,375 |
| C22611 |
|
Replacement of Cottage Windows |
|
$ |
208,725 |
| C22612 |
|
Residential Renovations |
|
$ |
7,043 41,649 |
| C22613 |
|
Food Preparation Area Air Conditioning |
|
$ |
67,250 |
| C22614 |
|
New School Lighting |
|
$ |
184,500 |
| C22616 |
|
Renovation and Repairs |
|
$ |
890,000 |
| C22617 |
|
Elevator Replacement |
|
$ |
110,000 |
| Total Ohio School for the Blind |
|
$ |
2,944,533 2,979,139 |
The amount reappropriated for the foregoing appropriation
item C22612, Residential Renovations, is the unencumbered and
unallotted balance as of June 30, 2008, in appropriation item
C22612, Residential Renovations, plus $34,606.
Sec. 103.80.90. OSD SCHOOL FOR THE DEAF
| C22103 |
|
Dormitory Renovations |
|
$ |
2,833 |
| C22104 |
|
Boilers, Blowers, and Controls for the School Complex |
|
$ |
47,360 |
| C22105 |
|
Central Warehouse |
|
$ |
676,624 |
| C22106 |
|
Storage Barn |
|
$ |
330,850 384,279 |
| C22107 |
|
Renovation and Repairs |
|
$ |
1,000,000 |
| Total Ohio School for the Deaf |
|
$ |
2,057,667 2,111,096 |
| TOTAL Administrative Building Fund |
|
$ |
101,617,431 101,705,466 |
The amount reappropriated for the foregoing appropriation
item C22106, Storage Barn, is the unencumbered and unallotted
balance as of June 30, 2008, in appropriation item C22106, Storage
Barn, plus $53,429.
Sec. 301.10.50. THIRD FRONTIER PROJECT
The foregoing appropriation item C23506,
Third Frontier
Project, shall be used to acquire, renovate, or
construct
facilities and purchase equipment for research
programs,
technology development, product development, and
commercialization
programs at or involving state-supported and
state-assisted
institutions of higher education. The funds shall
be used to make
grants awarded on a competitive basis, and shall
be administered
by the Third Frontier Commission. Expenditure of
these funds shall
comply with Section 2n of Article VIII, Ohio
Constitution, and
sections 151.01 and 151.04 of the Revised Code
for the period
beginning July 1, 2008, and ending June 30, 2010.
Of
the foregoing appropriation item C23506, Third Frontier
Project, an amount equal to the unexpended, unencumbered portion
at the end of fiscal year 2008 that was allocated for the
implementation of the NextGen Network, shall be used for the same
purpose in fiscal year 2009 and fiscal year 2010.
The Third Frontier Commission shall develop guidelines
relative to the application for and selection of projects funded
from appropriation item C23506, Third Frontier Project. The
commission may develop these guidelines in consultation with other
interested parties. The Board of Regents and all state-assisted
and state-supported institutions of higher education shall take
all actions necessary to implement grants awarded by the Third
Frontier Commission.
The foregoing appropriation item C23506, Third Frontier
Project, for which an appropriation is made from the Higher
Education Improvement Fund (Fund 7034), is determined to consist
of
capital improvements and capital facilities for
state-supported
and state-assisted institutions of higher
education, and is
designated for the capital facilities to which
proceeds of
obligations in the Higher Education Improvement Fund
(Fund 7034)
are to be applied.
Section 610.11. That existing Sections 103.80.80, 103.80.90,
and 301.10.50
of H.B. 496 of the 127th General Assembly are
hereby repealed.
Section 610.30. That Sections 233.40.30 and 233.50.80 of Am.
Sub. H.B. 562 of the 127th General Assembly be amended to read as
follows:
Sec. 233.40.30. CTI COLUMBUS STATE COMMUNITY COLLEGE
| C38400 |
|
Basic Renovations |
|
$ |
1,691,834 |
| C38411 |
|
Columbus Hall Renovation |
|
$ |
5,470,913 |
| C38412 |
|
Painters Apprenticeship Council |
|
$ |
500,000 |
| C38413 |
|
Jewish Community Center NE Initiative |
|
$ |
575,000 |
| C38414 |
|
Somali Community Center |
|
$ |
100,000 |
| C38415 |
|
Building E |
|
$ |
1,200,000 |
| Total Columbus State Community College |
|
$ |
8,337,747 9,537,747 |
Sec. 233.50.80. STC STARK TECHNICAL COLLEGE
| C38900 |
|
Basic Renovations |
|
$ |
786,333 |
| C38913 |
|
Business Technologies Building |
|
$ |
2,034,537 |
| C38914 |
|
Corporate and Community Services Facility |
|
$ |
500,000 |
| Total Stark Technical College |
|
$ |
3,320,870 |
| Total Board of Regents and |
|
|
|
| Institutions of Higher Education |
|
$ |
598,559,802 599,759,802 |
| TOTAL Higher Education Improvement Fund |
|
$ |
609,109,802 610,309,802 |
Section 610.31. That existing Sections 233.40.30 and
233.50.80
of Am. Sub. H.B. 562 of the 127th General Assembly are
hereby
repealed.
Section 620.10. That Section 831.06 of Am. Sub. H.B. 530 of
the
126th General Assembly be amended to read as follows:
Sec. 831.06. The amendments by this act of the first
paragraph of division (F) of section 5751.01, of division
(F)(2)(w) of section 5751.01, of the first paragraph of section
5751.032 5751.53, and of divisions (A)(7) and (A)(8)(c) of section
5751.032 of the Revised Code are nonsubstantive corrections of
errors in Chapter 5751. of the Revised Code.
Section 620.11. That existing Section 831.06 of Am. Sub. H.B.
530 of the 126th General Assembly is hereby repealed.
Section 630.10. That Section 4 of Am. Sub. H.B. 516 of the
125th
General Assembly, as most recently amended by Am. Sub. H.B.
100 of
the 127th General Assembly, be amended to read as follows:
Sec. 4. The following agencies shall be retained pursuant
to
division (D)
of section 101.83 of the Revised Code and shall
expire
on December 31, 2010:
|
|
REVISED CODE OR |
|
|
|
UNCODIFIED |
|
| AGENCY NAME |
|
SECTION |
|
| Administrator, Interstate Compact on Mental Health |
|
5119.50 |
| Administrator, Interstate Compact on |
|
5103.20 |
| Placement of Children |
|
|
| Advisory Board of Governor's Office of Faith-Based and Community Initiatives |
|
107.12 |
| Advisory Boards to the EPA for Air Pollution |
|
121.13 |
| Advisory Boards to the EPA for Water Pollution |
|
121.13 |
| Advisory Committee of the State Veterinary Medical Licensing Board |
|
4741.03(D)(3) |
| Advisory Committee on Livestock Exhibitions |
|
901.71 |
| Advisory Council on Amusement Ride Safety |
|
1711.51 |
| Advisory Board of Directors for Prison Labor |
|
5145.162 |
| Advisory Council for Each Wild, Scenic, or Recreational River Area |
|
1517.18 |
| Advisory Councils or Boards for State Departments |
|
107.18 or 121.13 |
| Advisory Group to the Ohio Water Resources Council |
|
1521.19(C) |
| Alzheimer's Disease Task Force |
|
173.04(F) |
| AMBER Alert Advisory Committee |
|
5502.521 |
| Apprenticeship Council |
|
4139.02 |
| Armory Board of Control |
|
5911.09 |
| Automated Title Processing Board |
|
4505.09(C)(1) |
| Banking Commission |
|
1123.01 |
| Board of Directors of the Ohio Health Reinsurance Program |
|
3924.08 |
| Board of Voting Machine Examiners |
|
3506.05(B) |
| Brain Injury Advisory
Committee
|
|
3304.231
|
| Capitol Square Review and Advisory Board |
|
105.41 |
| Child Support Guideline Advisory
Council |
|
3119.024 |
| Children's Trust Fund Board |
|
3109.15 |
| Citizens Advisory Committee (BMV) |
|
4501.025 |
| Citizen's Advisory Councils (Dept. of Mental
Retardation and Developmental
Disabilities) |
|
5123.092 |
| Clean Ohio Trail Advisory Board |
|
1519.06 |
| Coastal Resources Advisory Council |
|
1506.12 |
| Commission on African-American Males |
|
4112.12 |
| Commission on
Hispanic-Latino Affairs |
|
121.31 |
| Commission on Minority Health |
|
3701.78 |
| Committee on Prescriptive Governance |
|
4723.49 |
| Commodity Advisory Commission |
|
926.32 |
Community Mental Retardation and Developmental Disabilities Trust Fund
Advisory Council |
|
5123.353 |
| Community Oversight Council |
|
3311.77 |
| Compassionate Care Task Force |
|
Section 3, H.B. 474, 124th GA |
| Continuing Education Committee (for Sheriffs) |
|
109.80 |
| Coordinating Committee, Agricultural Commodity Marketing Programs |
|
924.14 |
| Council on Alcohol and Drug Addiction Services |
|
3793.09 |
| Council on Unreclaimed Strip Mined
Lands |
|
1513.29 |
Council to Advise on the Establishment and Implementation of the Birth Defects Information System |
|
3705.34 |
| County Sheriffs' Standard Car-Marking
and Uniform Commission |
|
311.25 |
| Credit Union Council |
|
1733.329 |
| Criminal Sentencing Advisory Committee |
|
181.22 |
| Day-Care Advisory Council |
|
5104.08 |
| Dentist Loan Repayment Advisory Board |
|
3702.92 |
| Development Financing Advisory Council |
|
122.40 |
| Education Commission of the States (Interstate Compact for Education) |
|
3301.48 |
| Electrical Safety Inspector Advisory
Committee |
|
3783.08 |
| Emergency Response Commission |
|
3750.02 |
| Engineering Experiment Station Advisory
Committee |
|
3335.27 |
| Environmental Education Council |
|
3745.21 |
| EPA Advisory Boards or Councils |
|
121.13 |
| Farmland Preservation Advisory Board |
|
901.23 |
| Financial Planning & Supervision Commission for Municipal Corporation, County, or Township |
|
118.05 |
| Financial Planning & Supervision Commission for School District |
|
3316.05 |
| Forestry Advisory Council |
|
1503.40 |
| Governance Authority for a State University or College |
|
3345.75 |
Governor's Advisory Council on Physical Fitness, Wellness, & Sports |
|
3701.77 |
| Governor's Council on People with Disabilities |
|
3303.41 |
| Governor's Residence Advisory Commission |
|
107.40 |
| Great Lakes Commission (Great Lakes Basin Compact) |
|
6161.01 |
| Gubernatorial Transition Committee |
|
107.29 |
| Head Start Partnership Study Council |
|
Section 41.35, H.B. 95, 125th GA |
| Hemophilia Advisory Subcommittee |
|
3701.0210 |
| Housing Trust Fund Advisory Committee |
|
175.25 174.06 |
| Industrial Commission Nominating
Council |
|
4121.04 |
| Industrial Technology and Enterprise Advisory
Council |
|
122.29 |
| Infant Hearing Screening Subcommittee |
|
3701.507 |
| Insurance Agent Education Advisory Council |
|
3905.483 |
| Interagency Council on Hispanic/Latino Affairs |
|
121.32(J) |
| Interstate Mining Commission (Interstate Mining Compact) |
|
1514.30 |
| Interstate Rail Passenger Advisory Council (Interstate High Speed Intercity Rail Passenger Network Compact) |
|
4981.35 |
| Joint Council on MR/DD |
|
101.37 |
| Joint Select Committee on Volume Cap |
|
133.021 |
| Labor-Management Government Advisory
Council |
|
4121.70 |
| Legal Rights Service Commission |
|
5123.60 |
| Legislative Task Force on Redistricting, Reapportionment, and Demographic Research |
|
103.51 |
| Maternal and Child Health
Council |
|
3701.025 |
| Medically Handicapped Children's Medical Advisory
Council |
|
3701.025 |
| Midwest Interstate Passenger Rail Compact Commission (Ohio members) |
|
4981.361 |
| Military Activation Task Force |
|
5902.15 |
| Milk Sanitation Board |
|
917.03 |
| Mine Subsidence Insurance Governing Board |
|
3929.51 |
| Minority Development Financing Board |
|
122.72 |
| Multi-Agency Radio Communications Systems Steering Committee |
|
Sec. 21, H.B. 790, 120th GA |
| Multidisciplinary Council |
|
3746.03 |
| Muskingum River Advisory Council |
|
1501.25 |
| National Museum of Afro-American History and Culture Planning
Committee |
|
149.303 |
| Ohio Advisory Council for the Aging |
|
173.03 |
| Ohio Aerospace & Defense Advisory Council |
|
122.98 |
| Ohio Arts Council |
|
3379.02 |
| Ohio Business Gateway Steering Committee |
|
5703.57 |
| Ohio Cemetery Dispute Resolution
Commission |
|
4767.05 |
| Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils |
|
4112.04(B) |
| Ohio Commercial Insurance Joint Underwriting Association Board Of Governors |
|
3930.03 |
| Ohio Commercial Market Assistance Plan Executive Committee |
|
3930.02 |
| Ohio Commission on Dispute Resolution and Conflict Management |
|
179.02 |
| Ohio Commission to Reform Medicaid |
|
Section 59.29, H.B. 95, 125th GA |
| Ohio Community Service Council |
|
121.40 |
| Ohio Council for Interstate Adult Offender Supervision |
|
5149.22 |
| Ohio Cultural Facilities Commission |
|
3383.02 |
| Ohio Developmental Disabilities Council |
|
5123.35 |
| Ohio Expositions Commission |
|
991.02 |
| Ohio Family and Children First Cabinet Council |
|
121.37 |
| Ohio Geology Advisory Council |
|
1505.11 |
| Ohio Grape Industries Committee |
|
924.51 |
| Ohio Hepatitis C Advisory Commission |
|
3701.92 |
| Ohio Historic Site Preservation Advisory Board |
|
149.301 |
| Ohio Historical Society Board of Trustees |
|
149.30 |
| Ohio Judicial Conference |
|
105.91 |
| Ohio Lake Erie
Commission |
|
1506.21 |
| Ohio Medical Malpractice Commission |
|
Section 4, S.B. 281, 124th GA and Section 3, S.B. 86, 125th GA |
| Ohio Medical Quality Foundation |
|
3701.89 |
| Ohio Parks and Recreation Council |
|
1541.40 |
| Ohio Peace Officer Training Commission |
|
109.71 |
| Ohio Public Defender Commission |
|
120.01 |
| Ohio Public Library Information Network Board |
|
Sec. 69, H.B. 117, 121st GA, as amended by H.B. 284, 121st GA |
| Ohio Quarter Horse Development
Commission |
|
3769.086 |
| Ohio Small Government Capital Improvements Commission |
|
164.02 |
| Ohio Soil and Water Conservation Commission |
|
1515.02 |
| Ohio Standardbred Development
Commission |
|
3769.085 |
| Ohio Steel Industry Advisory Council |
|
122.97 |
Ohio Teacher Education and
Licensure Advisory Council |
|
3319.28(D) |
| Ohio Thoroughbred Racing Advisory Committee |
|
3769.084 |
| Ohio Tuition Trust Authority |
|
3334.03 |
| Ohio University College of Osteopathic Medicine Advisory
Committee |
|
3337.10 |
| Ohio Vendors Representative
Committee |
|
3304.34 |
| Ohio War Orphans Scholarship Board |
|
5910.02 |
| Ohio Water Advisory Council |
|
1521.031 |
| Ohio Water Resources Council |
|
1521.19 |
| Ohioana Library Association, Martha Kinney Cooper Memorial |
|
3375.62 |
| Oil and Gas Commission |
|
1509.35 |
| Operating Committee, Agricultural Commodity Marketing Programs |
|
924.07 |
| Organized Crime Investigations Commission |
|
177.01 |
| Pharmacy and Therapeutics Committee of the Dept. of Job and Family Services |
|
5111.81 5111.084 |
| Physician Loan Repayment Advisory Board |
|
3702.81 |
| Power Siting Board |
|
4906.02 |
| Prequalification Review Board |
|
5525.07 |
| Private Water Systems Advisory Council |
|
3701.346 |
| Public Employment Risk Reduction Advisory Commission |
|
4167.02 |
| Public Health Council |
|
3701.33 |
| Public Utilities Commission Nominating Council |
|
4901.021 |
| Public Utility Property Tax Study Committee |
|
5727.85 |
| Radiation Advisory Council |
|
3748.20 |
| Reclamation Commission |
|
1513.05 |
| Recreation and Resources Commission |
|
1501.04 |
| Recycling and Litter Prevention Advisory Council |
|
1502.04 |
| Rehabilitation Services Commission Consumer
Advisory Committee |
|
3304.24 |
| Savings & Loans Associations & Savings Banks Board |
|
1181.16 |
| Schools and Ministerial Lands Divestiture Committee |
|
501.041 |
| Second Chance Trust Fund Advisory Committee |
|
2108.17 |
| Small Business Stationary Source Technical and Environmental Compliance
Assistance Council |
|
3704.19 |
| Solid Waste Management Advisory Council |
|
3734.51 |
| State Agency Coordinating Group |
|
1521.19 |
| State Board of Emergency Medical Services Subcommittees |
|
4765.04 |
| State Council of Uniform State Laws |
|
105.21 |
| State Committee for the Purchase of Products and Services Provided by Persons
with
Severe Disabilities |
|
4115.32 |
| State Criminal Sentencing Commission |
|
181.21 |
| State Fire Commission |
|
3737.81 |
| State Racing Commission |
|
3769.02 |
| State Victims Assistance Advisory Committee |
|
109.91 |
| Student Tuition Recovery Authority |
|
3332.081 |
| Tax Credit Authority |
|
122.17 |
| Technical Advisory Committee to Assist the Director of the Ohio Coal
Development Office |
|
1551.35 |
| Technical Advisory Council on Oil and Gas |
|
1509.38 |
| Transportation Review Advisory Council |
|
5512.07 |
| Unemployment Compensation Review
Commission |
|
4141.06 |
| Unemployment Compensation Advisory
Council |
|
4141.08 |
| Utility Radiological Safety Board |
|
4937.02 |
| Vehicle Management Commission |
|
125.833 |
| Veterans Advisory Committee |
|
5902.02(K) |
| Volunteer Fire Fighters' Dependents Fund Boards (Private and Public) |
|
146.02 |
| Water and Sewer Commission |
|
1525.11(C) |
| Waterways Safety Council |
|
1547.73 |
| Wildlife Council |
|
1531.03 |
| Workers' Compensation Board of Directors Nominating Committee |
|
4121.123 |
Section 630.11. That existing Section 4 of Am. Sub. H.B. 516
of
the 125th General Assembly, as most recently amended by Am.
Sub.
H.B. 100 of the 127th General Assembly, is hereby repealed.
Section 640.10. That Section 153 of Am. Sub. H.B. 117 of the
121st General Assembly, as most recently amended by Am. Sub. H.B.
119 of the 127th General Assembly, be amended to read as follows:
Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04,
5112.05,
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11,
5112.18,
5112.19,
5112.21, and 5112.99 of the Revised
Code
are
hereby
repealed, effective
October 16, 2009 2011.
(B) Any money remaining in the Legislative Budget Services
Fund
on
October 16, 2009 2011, the date that section
5112.19 of
the
Revised
Code is repealed by division
(A) of this
section,
shall be
used
solely for the purposes
stated in then
former
section 5112.19
of
the Revised Code. When all
money in the
Legislative Budget
Services Fund has been spent after then former
section 5112.19 of
the
Revised Code is repealed under division (A)
of this section,
the fund shall
cease to exist.
Section 640.11. That existing Section 153 of Am. Sub. H.B.
117
of the 121st General Assembly, as most recently amended by
Am.
Sub. H.B. 119 of the 127th General Assembly, is hereby
repealed.
Section 701.10. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES
(A) As used in this section, "appointing
authority" has the
same meaning as in section 124.01 of the
Revised Code, and
"exempt employee" has the same meaning as in
section 124.152 of
the Revised Code.
(B) Notwithstanding section 124.181 of the Revised Code, both
of the following apply:
(1) In cases where no vacancy exists, an appointing authority
may, with the written consent of an exempt employee, assign duties
of a higher classification to that exempt employee for a period of
time not to exceed two years, and that exempt employee shall
receive compensation at a rate commensurate with the duties of the
higher classification.
(2) If necessary, exempt employees who are assigned to duties
within their agency to maintain operations during the Ohio
Administrative Knowledge System (OAKS) implementation may agree to
a temporary assignment that exceeds the two-year limit.
Section 701.20. FINANCIAL PLANNING AND SUPERVISION
COMMISSIONS
For any Financial Planning and Supervision
Commission
established prior to the effective date of the
amendment of
section 118.05 of the Revised Code by the Main Operating
Appropriations Act of the
128th General Assembly, four members
constitute a quorum and the
affirmative vote of four members is
necessary for any action taken
by vote of the commission.
Section 701.30. SCIENCE AND TECHNOLOGY COLLABORATION
The Department of Development, the Board of Regents, the Air
Quality
Development Authority, the Department of Agriculture, and
the
Third Frontier Commission shall collaborate in
relation to
appropriation items and
programs referred to as
Technology-based
Economic Development
Programs in this section, and other
technology-related
appropriations and programs in the Department
of Development, Air
Quality Development Authority, Department of
Agriculture, and the
Board
of Regents as these agencies may
designate, to ensure
implementation of a coherent state science
and technology
strategy.
To the extent permitted by law, the Air Quality Development
Authority shall assure that coal research and development
programs, proposals, and projects consider or incorporate
collaborations with Third Frontier Project programs and grantees
and with Technology-based Economic Development Programs and
grantees.
"Technology-based Economic Development Programs" means
appropriation items 195401,
Thomas Edison Program; 898402, Coal
Development Office; 195422,
Technology Action; 898604, Coal
Research and Development
Fund; 235433, Economic Growth Challenge;
235508, Air Force
Institute of Technology; 235510, Ohio
Supercomputer Center;
235535, Ohio Agricultural Research and
Development Center;
235556, Ohio
Academic Resources Network;
195435,
Biomedical Research and
Technology Transfer; 195687,
Third
Frontier Research &
Development Projects; C23506, Third
Frontier
Project;
195692,
Research & Development Taxable Bond
Projects;
195694, Jobs Fund Bioproducts; 195695, Jobs Fund
Biomedical; and
tax credits supporting the Ohio Venture Capital
Authority and
Technology Investment Tax Credit programs.
Technology-based Economic Development Programs
shall be
managed and administered in accordance with the following
objectives: (1) to build on existing competitive research
strengths; (2) to encourage new and emerging discoveries and
commercialization of products and ideas that will benefit the Ohio
economy; and (3) to assure improved collaboration among programs
administered by the Third Frontier
Commission and with other
state programs that are intended to
improve economic growth and
job creation. As directed by the Third
Frontier Commission,
Technology-based Economic Development Program managers shall
report to
the Commission or the Third Frontier Advisory Board
regarding the
contributions of their programs to achieving these
objectives.
Each Technology-based Economic Development Program shall be
reviewed annually by the
Third Frontier Commission with respect
to its development of
complementary relationships within a
combined state science and
technology investment portfolio, and
with respect to its overall
contribution to the state's science
and technology strategy,
including the adoption of appropriately
consistent criteria for:
(1) the scientific and technical merit
and relationship to Ohio's research strengths of activities
supported by the program;
(2) the relevance of the program's
activities to commercial
opportunities in the private sector; (3)
the private sector's
involvement in a process that continually
evaluates commercial
opportunities to use the work supported by
the program; and (4)
the ability of the program and recipients of
grant funding from
the program to engage in activities that are
collaborative,
complementary, and efficient in the expenditure of
state funds. Each Technology-based Economic Development Program
shall provide an annual report
to the Third Frontier Commission
that discusses existing, planned,
or possible collaborations
between programs and between recipients
of grant funding related
to technology, development,
commercialization, and the support of
Ohio's economic development.
The annual review conducted by the
Third Frontier Commission shall
be a comprehensive review of the
entire state science and
technology program portfolio rather than
a review of individual
programs.
Applicants for Third Frontier and Technology-based Economic
Development Programs funding
shall identify their requirements
for high-performance computing
facilities and services, including
both hardware and software, in
all proposals. If an applicant's
requirements exceed approximately
$100,000 for a proposal, the
Ohio Supercomputer Center shall
convene a panel of experts. The
panel shall review the proposal to
determine whether the
proposal's requirements can be met through
Ohio Supercomputer
Center facilities or through other means and
report such
information to the Third Frontier Commission.
To ensure that the state receives the maximum benefit from
its investment in the Third Frontier Project and the NextGen
Network, organizations receiving Third Frontier awards
and
Technology-based Economic Development Programs awards shall, as
appropriate, be expected
to have a connection to the NextGen
Network that enables
them and their collaborators to achieve
award objectives through
the NextGen Network.
Section 729.10. PENALTIES FOR THEFT-RELATED OFFENSES
The amendments to sections 926.99, 1333.99,
1707.99,
1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03,
2913.04,
2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40,
2913.401,
2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47,
2913.48,
2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31,
2917.32,
2921.13, 2921.41, 2923.31, and 2981.07 of the Revised
Code that
are made in this act apply to a
person who commits an
offense
specified or penalized under those
sections on or after
the
effective date of this act and to a
person to whom division
(B)
of section 1.58 of the Revised Code
makes the amendment
applicable.
The provisions of sections 926.99, 1333.99, 1707.99, 1716.99,
2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04, 2913.11,
2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, 2913.42,
2913.421,
2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49,
2913.51,
2913.61, 2915.05, 2917.21, 2917.31, 2917.32, 2921.13,
2921.41,
2923.31, and 2981.07 of the Revised Code in existence
prior to
the effective date of this act shall apply to a person
upon whom
a court imposed sentence prior to the effective date of
this act
for an offense specified or penalized under those
sections. The
amendments to sections 926.99, 1333.99, 1707.99,
1716.99,
2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04,
2913.11,
2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401,
2913.42, 2913.421,
2913.43, 2913.45, 2913.46, 2913.47, 2913.48,
2913.49, 2913.51,
2913.61, 2915.05, 2917.21, 2917.31, 2917.32,
2921.13, 2921.41,
2923.31, and 2981.07 of the Revised Code that
are made in this
act do not apply to a person
who upon whom a
court imposed
sentence prior to the effective date
of this act
for an offense
specified or penalized under those
sections.
Section 741.10. PAYROLL REDUCTION STRATEGIES
Notwithstanding any other provision of law to
the contrary,
the Office of Collective Bargaining of the
Department of
Administrative Services is authorized to negotiate
with the
respective state collective bargaining units various
payroll
reduction strategies through the collective bargaining
process
prior to July 1, 2009, including, but not limited to,
reductions
in pay for fiscal years 2010 and 2011 and an increase
in each
state employee's share of dental, vision, and life
insurance
benefits for those fiscal years. If the Office
successfully
negotiates or reaches alternative payroll reduction
strategies
through the collective bargaining process, those
payroll
reduction strategies shall be implemented. The total
amount of
state employee payroll reduction strategy savings to be
negotiated or implemented for each of those fiscal years shall be
between $170,000,000 and $200,000,000, unless otherwise agreed to
by the Office of Collective Bargaining and the Director of Budget
and Management. The Director of
Budget and Management is
authorized to transfer cash from
non-General Revenue Fund funds
to the General Revenue Fund to
carry out this section.
Section 751.10. MEDICAID ELEVATION ADVISORY GROUP
(A) As used in this section, "community behavioral health
services" means both of the following:
(1) Community mental health services certified by the
Director of Mental Health under section 5119.611 of the Revised
Code;
(2) Services provided by an alcohol and drug addiction
program certified by the Department of Alcohol and Drug Addiction
Services under section 3793.06 of the Revised Code.
(B) There is hereby created the Medicaid Elevation Advisory
Group. The Group shall consist of all of the following:
(1) The Director of Mental Health or the Director's designee;
(2) The Director of Alcohol and Drug Addiction Services or
the Director's designee;
(3) Subject to division (C) of this section, representatives
of all of the following appointed by the co-chairpersons of the
Medicaid Elevation Advisory Group:
(a) Boards of alcohol, drug addiction, and mental health
services;
(b) Alcohol and drug addiction services boards;
(c) Community mental health boards.
(4) Subject to division (C) of this section, representatives
of providers of community behavioral health services appointed by
the co-chairpersons of the Medicaid Elevation Advisory Group;
(5) Subject to division (C) of this section, consumers of
community behavioral health services and advocates of such
consumers appointed by the co-chairpersons of the Medicaid
Elevation Advisory Group;
(6) The following state policy makers:
(a) At the option of the Speaker of the House of
Representatives, up to two members of the House of Representatives
from different political parties appointed by the Speaker;
(b) At the option of the Senate President, up to two members
of the Senate from different political parties appointed by the
Senate President;
(c) Other state policy makers deemed necessary and appointed
by the co-chairpersons of the Medicaid Elevation Advisory Group.
(C) The Directors of Mental Health and Alcohol and Drug
Addiction Services, or their designees, shall serve as
co-chairpersons of Medicaid Elevation Advisory Group. The
co-chairpersons shall determine the number of persons to be
appointed under divisions (B)(3), (4), (5), and (6)(c) of this
section. The co-chairpersons shall appoint the same number of
persons under divisions (B)(3), (4), and (5) of this section so as
to ensure balanced representation by the boards, providers, and
consumers and consumer advocates.
(D) Members of the Medicaid Elevation Advisory Group shall
serve without compensation, except to the extent that serving on
the Group is considered part of their regular employment duties.
The Departments of Mental Health and Alcohol and Drug Addiction
Services jointly may reimburse members of the Group for their
reasonable travel expenses.
(E) The Medicaid Elevation Advisory Group shall study the
issue of transferring the responsibility for paying providers of
Medicaid-covered community behavioral health services and related
management responsibilities from boards of alcohol, drug
addiction, and mental health services; alcohol and drug addiction
services boards; and community mental health boards to the
Departments of Mental Health and Alcohol and
Drug Addiction
Services. Not later than June 30,
2010, the Group shall submit a
report regarding its study to the
Governor and, in accordance
with section 101.68 of the Revised
Code, the General Assembly.
The report shall include all of the
following:
(1) A fiscal analysis of the impact that transferring payment
responsibility and related management responsibilities would have
on the Departments and boards. The fiscal analysis shall include
an examination of funding options for transferring these
responsibilities and focus on creating the most efficient and
effective payment system possible.
(2) Recommendations for increasing efficiencies related to
both of the following:
(a) Submission of Medicaid claims for community behavioral
health services and the processing and payment of such claims;
(b) Exchange of information regarding Medicaid-covered
community behavioral health services and non-Medicaid-covered
community behavioral health services.
(3) Recommendations for system changes needed for the
Departments to assume responsibility for directly paying providers
of Medicaid-covered community
behavioral health services. Such
recommendations shall focus on
increasing efficiencies,
transparency, and accountability in order
to improve the delivery
of community behavioral health services.
(F) The Medicaid Elevation Advisory Group shall cease to
exist on submission of its report.
(G)(1) Subject to division (G)(2) of this section, the
Departments of Mental Health and Alcohol and Drug
Addiction
Services shall assume responsibility for paying providers of
Medicaid-covered community behavioral health services and related
management responsibilities not
later than July 1, 2011. In
assuming these responsibilities, the Departments may adopt, in
whole or in part, the recommendations included in the Medicaid
Elevation Advisory Group's report.
(2) The Departments' assumption of payment and related
management responsibilities under division (G)(1) of this section
is subject to changes in state law that otherwise would conflict
with the Departments' assuming the responsibilities, including
changes related to funding. The Departments may take actions as
part of the transfer of the responsibilities as are consistent
with state law.
Section 751.20. SERVICE COORDINATION WORKGROUP
(A) There is hereby created the Service Coordination
Workgroup. The Workgroup shall consist of a representative of each
of the following:
(1) The Office of the Governor, appointed by the Governor;
(2) The Department of Alcohol and Drug Addiction Services,
appointed by the Director of Alcohol and Drug Addiction Services;
(3) The Department of Education, appointed by the
Superintendent of Public Instruction;
(4) The Department of Health, appointed by the Director of
Health;
(5) The Department of Job and Family Services, appointed by
the Director of Job and Family Services;
(6) The Department of Mental Health, appointed by the
Director of Mental Health;
(7) The Department of Mental Retardation and Developmental
Disabilities, appointed by the Director of Mental Retardation and
Developmental Disabilities;
(8) The Department of Youth Services, appointed by the
Director of Youth Services;
(9) The Office of Budget and Management, appointed by the
Director of Budget and Management;
(10) The Family and Children First Cabinet Council, appointed
by the chairperson of the Council.
(B) The representative of the Office of the Governor shall
serve as chairperson of the Workgroup.
(C) Members of the Workgroup shall serve without
compensation, except to the extent that serving on the Workgroup
is considered part of their regular employment duties.
(D) The Workgroup shall develop procedures for coordinating
services that the entities represented on the Workgroup provide to
individuals under age twenty-one and the families of those
individuals. In developing the procedures, the Workgroup shall
focus on maximizing resources, reducing unnecessary costs,
removing barriers to effective and efficient service coordination,
eliminating duplicate services, prioritizing high risk
populations, and any other matters the Workgroup considers
relevant to service coordination. Not later than July 31, 2009,
the Workgroup shall submit a report to the Governor with
recommendations for implementing the procedures.
(E) On receipt of the Governor's approval of the Workgroup's
report, the Director of Budget and Management may seek Controlling
Board approval to transfer cash between funds and appropriations
between appropriation items as necessary to implement the
Workgroup's recommendations. The transferred cash is hereby
appropriated.
(F) The Workgroup shall cease to exist June 30, 2011.
Section 803.10. Section 1751.14 of the Revised Code, as
amended
by
this act, shall apply only to policies, contracts,
and
agreements
that are delivered, issued for delivery, or
renewed in
this state
six months after the effective date of
this act;
section 3923.24
of the Revised Code, as amended by
this act,
shall apply only to
policies of sickness and accident
insurance
and plans of health
coverage that are established or
modified in
this state six months
after the effective date of
this act; and
section 3923.241, as
enacted by this act, shall
apply only to
public employee health
plans established or
modified in this
state six months after the
effective date of
this act.
Section 803.20. Section 5747.01 of the Revised Code, as
amended
by this act, first applies to taxable years beginning on
or after
January 1, 2010.
Section 806.10. The items of law contained in
this act, and
their applications, are severable. If any
item of law contained in
this act, or if any application of any
item of law contained in
this act, is held invalid, the
invalidity does not affect other
items of law
contained in this act and their applications that
can be given
effect without the invalid item of law or
application.
Section 809.10. An item of law, other than an amending,
enacting, or repealing clause, that composes the whole or part of
an uncodified section contained in this act has no effect after
June 30, 2011, unless its context clearly indicates otherwise.
Section 812.10. Except as otherwise provided in this act,
the amendment, enactment, or repeal by this act of a section is
subject to the referendum under Ohio Constitution, Article II,
Section 1c and therefore takes effect on the ninety-first day
after this act is filed with the Secretary of State or, if a later
effective date is specified below, on that date.
The amendment or enactment of sections 173.99, 1739.05,
1751.14, 3923.24, 3923.241, and 5747.01 of the Revised Code takes
effect January 1, 2010.
The enactment of section 4113.11 of the Revised Code takes
effect January 1, 2011.
The repeal of sections 173.71, 173.72, 173.721, 173.722,
173.723,
173.724, 173.73, 173.731, 173.732, 173.74, 173.741,
173.742,
173.75, 173.751, 173.752, 173.753, 173.76, 173.77,
173.771,
173.772, 173.773, 173.78, 173.79, 173.791, 173.80,
173.801,
173.802, 173.803, 173.81, 173.811, 173.812, 173.813,
173.814,
173.815, 173.82, 173.83, 173.831, 173.832, 173.833,
173.84,
173.85, 173.86, 173.861, 173.87, 173.871, 173.872,
173.873,
173.874, 173.875, 173.876, 173.88, 173.89, 173.891,
173.892,
173.90, and 173.91
of the Revised Code takes effect
January 1, 2010.
Sections 803.10 and 803.20 of this act take effect January 1,
2010.
Section 812.20. The amendment, enactment, or repeal by this
act of the sections listed below is exempt from the referendum
because it is or relates to an appropriation for current expenses
within the meaning of Ohio Constitution, Article II, Section 1d
and section 1.471 of the Revised Code, or defines a tax levy
within the meaning of Ohio Constitution, Article II, Section 1d,
and therefore takes effect immediately when this act becomes law
or, if a later effective date is specified below, on that date.
Sections 117.54, 121.40, 121.401, 121.402, 124.03, 124.15,
124.152, 124.18, 124.19, 124.34, 124.381, 124.392, 124.821,
124.822, 124.86, 126.05, 126.24, 131.33, 145.298, 319.301,
319.302, 319.54, 321.24, 323.156, 901.20, 901.91, 905.32, 905.33,
905.331, 905.36, 905.38, 905.381, 905.50, 905.51, 905.52, 905.56,
905.66, 907.13, 907.14, 907.16, 907.30, 907.31, 921.02, 921.06,
921.09, 921.11, 921.13, 921.16, 921.22, 921.27, 921.29, 923.44,
923.46, 927.51, 927.52, 927.53, 927.54, 927.56, 927.69, 927.70,
927.701, 927.71, 927.74, 1515.14, 1548.06, 3101.08, 3301.07,
3301.073, 3301.0718, 3301.0722, 3301.13, 3301.82, 3302.05,
3302.07, 3306.01, 3306.011, 3306.02, 3306.03, 3306.04,
3306.05,
3306.051, 3306.06, 3306.07, 3306.08, 3306.09, 3306.10,
3306.11,
3306.12, 3306.13, 3306.14, 3306.15, 3306.16, 3306.17,
3306.18,
3306.19, 3306.29, 3306.30, 3306.31, 3306.32, 3306.33,
3306.34,
3306.40, 3307.31, 3307.64, 3309.41, 3309.48, 3309.51,
3310.08,
3310.09, 3310.41, 3311.06, 3311.19, 3311.21, 3311.29,
3311.52,
3311.76, 3313.483, 3313.55, 3313.64, 3313.642, 3313.98,
3313.981,
3314.083, 3314.084, 3314.085, 3314.087, 3314.091,
3314.10,
3314.13, 3316.041, 3316.06, 3316.20, 3317.018, 3317.02,
3317.021,
3317.022, 3317.023, 3317.024, 3317.025, 3317.0210,
3317.0211,
3317.03, 3317.031, 3317.04, 3317.05, 3317.051,
3317.053,
3317.061, 3317.081, 3317.082, 3317.10, 3317.12, 3317.16,
3317.18,
3317.20, 3317.201, 3318.011, 3318.051, 3319.221, 3319.57,
3319.70, 3319.71, 3323.091, 3323.14, 3323.142, 3324.05, 3325.01,
3325.011, 3325.02, 3325.03, 3325.04, 3325.041, 3325.07, 3325.10,
3325.11, 3325.12, 3325.15, 3325.16, 3326.21, 3326.31, 3326.32,
3326.33, 3326.34, 3326.38, 3326.51, 3327.02, 3327.04, 3327.05,
3329.16, 3333.04, 3333.122, 3333.27, 3333.28, 3333.83, 3349.242,
3365.01, 3704.14, 3704.143, 3705.24, 3706.04, 3706.35, 3712.03,
3714.073, 3733.43, 3734.9010, 3745.015, 3748.01, 3748.04, 3748.07,
3748.12, 3748.13, 3901.3812, 3923.90, 3923.91, 4117.02, 4117.12,
4117.14, 4117.15, 4117.24, 4301.43, 4501.29, 4503.068, 4503.10,
4505.06, 4519.55, 5101.073, 5107.58, 5111.65, 5111.651, 5111.688,
5111.689, 5111.874, 5111.875, 5112.40, 5112.41, 5112.42, 5112.43,
5112.44, 5112.45, 5112.46, 5112.47, 5112.48, 5123.0412, 5126.05,
5126.24, 5703.80, 5715.26, 5725.18, 5725.25, 5727.84, 5729.03,
5739.01, 5739.03, 5739.033, 5739.051, 5739.12, and 5749.12 of the
Revised Code.
The amendment or enactment of sections 3721.02, 3721.51,
3721.56, 5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.251,
5112.30, 5112.31, 5112.37, 5112.371, and 5112.372 of the Revised
Code takes effect July 1, 2009.
The repeal of sections 5112.40, 5112.41, 5112.42, 5112.43,
5112.44, 5112.45, 5112.46, 5112.47, and 5112.48 of the Revised
Code takes effect October 1, 2011.
Sections of this act prefixed with section numbers in the
200's, 300's, 400's, 500's, 700's, and 800's, except for Sections
207.10.90, 241.20, 265.60.60, 265.70.20, 309.40.20, 309.50.30,
313.20, 371.70.20, 385.30, 399.20, 512.40, 523.10, 701,20, and
751.10 of
this act.
The amendment of Section 301.10.50 of H.B. 496 of the 127th
General Assembly.
The amendment of Section 153 of Am. Sub. H.B. 117 of the
121st General Assembly.
Sections 309.30.20, 309.30.30, 309.30.40, 309.30.50,
309.30.60, and 309.30.70 of this act take effect July 1, 2009.
Section 812.30. The sections that are listed in the
left-hand column of the following table combine amendments by this
act that are and that are not exempt from the referendum under
Ohio Constitution, Article II, Sections 1c and 1d and section
1.471 of the Revised Code.
The middle column identifies the amendments to the listed
sections that are subject to the referendum under Ohio
Constitution, Article II, Section 1c and therefore take effect on
the ninety-first day after this act is filed with the Secretary of
State or, if a later effective date is specified, on that date.
The right-hand column identifies the amendments to the listed
sections that are exempt from the referendum because they are or
relate to an appropriation for current expenses within the meaning
of Ohio Constitution, Article II, Section 1d and section 1.471 of
the Revised Code, or define a tax levy within the meaning of Ohio
Constitution, Article II, Section 1d, and therefore take effect
immediately when this act becomes law or, if a later effective
date is specified, on that date.
| Section of law |
|
Amendments subject to referendum |
|
Amendments exempt from referendum |
| 3313.6410 |
|
Division (A) |
|
Division (B) |
| 3314.03 |
|
All amendments except the amendments to divisions (A)(8), (A)(15), and (A)(23) |
|
Amendments to divisions (A)(8), (A)(15), and (A)(23) |
| 3314.08 |
|
The amendments to division (L)(J)(3); the amendments to division (M)(K) that follow "Revised Code"; and the amendments to division (Q)(N)(3) |
|
All amendments except those described in the middle column |
| 3315.37 |
|
All amendments except the amendment described in the right-hand column |
|
The amendment to the fourth paragraph that strikes through "3333.27," |
| 3317.01 |
|
Division (B) |
|
All amendments except those in division (B) |
| 3333.38 |
|
All amendments except the amendment described in the right-hand column |
|
The amendment to division (A)(2) that strikes through "3333.27," |
| 3345.32 |
|
All amendments except the amendment described in the right-hand column |
|
The amendment to division (D) that strikes through "3333.27," |
| 3734.57 |
|
The amendment to division (A) authorizing electronic payment of solid waste disposal fees |
|
All other amendments to division (A) |
| 3734.901 |
|
Division (A)(1) |
|
Division (A)(3) |
| 4117.01 |
|
All amendments except those described in the right-hand column |
|
The amendment to division (C)(5), the amendment striking the language from division (C)(15), and the amendments adjusting the division numbering in divisions (C)(16) and (17) |
| 5749.02 |
|
Division (B) |
|
Divisions (A) and (C) |
| 5751.20 |
|
All amendments except those described in the right-hand column |
|
The amendments to divisions (A)(2), (A)(3), and (B), effective July 1, 2009 |
Section 812.40. The amendments by this act to sections
127.16 and 2921.13 of the Revised Code are not subject to the
referendum and take effect as follows:
(A) In the case of section 127.16 of the Revised Code, the
amendment to division (D)(34) of the section takes effect on the
ninety-first day after this act is filed with the Secretary of
State, and the amendment to divisions (D)(35) and (36) of the
section takes effect on January 1, 2010.
(B) In the case of section 2921.13 of the Revised Code, the
amendments take effect on January 1, 2010, except that the
amendment in division (F)(2) of the section increasing the minimum
value of property that is prescribed to grade the penalty for
falsification in a theft offense takes effect on the ninety-first
day after this act is filed with the Secretary of State.
Section 812.50. The amendment by this act of section 4511.81
of
the Revised Code takes effect at the earliest time permitted
by
law that is on or after the date on which the section, as it
results from Am. Sub. H.B. 320 of the 127th General Assembly,
takes effect.
Section 815.10. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the following sections,
presented in this act as composites of the sections as amended by
the acts indicated, are the resulting versions of the sections in
effect prior to the effective date of the sections as presented in
this act:
Section 109.572 of the Revised Code as amended by Sub. H.B.
195, Sub. H.B. 545, and Sub. S.B. 247, all of the
127th General
Assembly.
Section 149.43 of the Revised Code as amended by Am. Sub.
H.B. 214 and Am. Sub. S.B. 248, both of the
127th General
Assembly.
Section 1547.99 of the Revised Code as amended by Am. Sub.
S.B. 17 and Am. Sub. S.B. 271, both of the
127th General
Assembly.
Section 1716.99 of the Revised Code as amended by Am. Sub.
H.B. 59 and Sub. S.B. 2, both of the
123rd General Assembly.
Section 2913.46 of the Revised Code as amended by Am. Sub.
S.B. 107, Am. Sub. S.B. 269, and Am. Sub. S.B. 293, all of the
121st General Assembly.
Section 2917.21 of the Revised Code as amended by Am. Sub.
H.B. 565 and Sub. S.B. 215, both of the
122nd General Assembly.
Section 2967.193 of the Revised Code as amended by Am. Sub.
H.B. 180 and Am. Sub. S.B. 269, both of the
121st General
Assembly.
Section 3313.614 of the Revised Code as amended by Am. Sub.
H.B. 276 and Am. Sub. S.B. 311, both of the
126th General
Assembly.
Section 3313.64 of the Revised Code as amended by Am. Sub.
H.B. 119 and Am. Sub. H.B. 214, both of the
127th General
Assembly.
Section 3314.014 of the Revised Code as amended by Am. Sub.
H.B. 79 and Am. Sub. H.B. 276, both of the
126th General
Assembly.
Section 3319.291 of the Revised Code as amended by Sub. H.B.
428 and Am. Sub. H.B. 562, both of the
127th General Assembly.
Section 4169.02 of the Revised Code as amended by Sub. H.B.
535 and Am. Sub. S.B. 293, both of the
121st General Assembly.
Section 4169.04 of the Revised Code as amended by Am. Sub.
H.B. 535 and Am. Sub. S.B. 293, both of the 121st General
Assembly.
Section 4763.05 of the Revised Code as amended by Am. Sub.
H.B. 699 and Am. Sub. S.B. 223, both of the
126th General
Assembly.
Section 4767.08 of the Revised Code as amended by Am. Sub.
H.B. 138 and Sub. H.B. 531, both of the
123rd General Assembly.